SENATE—Wednesday, February 1, 2006

458 CONGRESSIONAL RECORD—SENATE February 1, 2006 SENATE—Wednesday, February 1, 2006

The Senate met at 9:15 a.m. and was The PRESIDENT pro tempore. With- he be allowed to speak in morning busi- called to order by the President pro out objection, it is so ordered. ness for 15 minutes, and another 15 tempore (Mr. STEVENS). RECOGNITION OF THE MAJORITY LEADER minutes would be added to the time of The PRESIDENT pro tempore. The the majority, and that the only thing PRAYER majority leader is recognized. that would be out of the ordinary is The Chaplain, Dr. Barry C. Black, of- SCHEDULE that Senator DURBIN would be recog- fered the following prayer: Mr. FRIST. Mr. President, today, in nized. The Republicans are to have the Let us pray. just a short while, we will begin consid- first half hour. I ask that Senator DUR- Spirit of love, enlarge our horizons. eration of the House-passed tax rec- BIN be recognized for 15 minutes. He Give to us this day vistas that lie be- onciliation bill. As Senators remember, has to give a speech. He could be recog- yond pessimism and negativity. Enable the Senate passed our bill, the Senate nized to use his additional 15 minutes us to lift our eyes to You, our provider, bill on November 18. We considered the when we start morning business. sustainer, and friend. May we never bill for 3 days and after 17 votes, passed The PRESIDENT pro tempore. Is permit today’s challenges to make us the bill with a 64-to-33 vote. With the there objection? forget how powerfully You have led us two bills now complete, we would nor- Mr. REID. We understand that addi- in the past. mally reach agreement to send them to tional half hour would come out of the Bless our legislative branch today conference to produce a final con- time on the resolution. with Your wisdom. Help our Senators ference report. I have had a number of Mr. FRIST. As I understand it, all to follow the path that leads to the ful- conversations with the Democratic morning business time, including this fillment of Your purposes. Inspire them leader on this matter. I know Members additional 30-minute increment, would to focus on the priorities that will ac- on his side of the aisle will object and be part of the 20 hours. complish the most good for Your glory. desire to start the House bill with the The PRESIDENT pro tempore. Is Strengthen them to labor with such 20 hours remaining under the statute. there objection to the request of the faithfulness that Your will may be That is their right and that is what we Democratic leader? done on Earth as it is done in heaven. will be doing. Mr. FRIST. Reserving the right, the Take war and strife from our world We have already considered the Tax recognition prior to Senator DURBIN and hasten the day when nations will Relief Act of 2005, and it is not my de- would be to Senator BOND? live in friendship with each other, sire to take up any more of the Sen- Mr. REID. I am trying to get to Sen- united by Your sovereignty. ate’s time on this bill. We do need to ator DURBIN so he can go downtown We pray in Your marvelous Name. move forward and get both bills to con- and give a speech. How long will the Amen. ference in order to reach an agreement Senator from Missouri be talking? Mr. FRIST. We have the initial 30 f on final language. That would take unanimous consent and, with objection minutes. Is the request made to talk PLEDGE OF ALLEGIANCE from the other side, we have no choice within our 30 minutes? The PRESIDENT pro tempore led the but to proceed in the manner that we The PRESIDENT pro tempore. The Pledge of Allegiance, as follows: will, under statute over the next 20 Chair understands the request is for I pledge allegiance to the Flag of the hours. I do ask that Senators on both Senator DURBIN to speak before the 30 United States of America and to the Repub- sides of the aisle use restraint and try minutes commences. lic for which it stands, one nation under God, not to use their entire block of time. Mr. REID. Through the Chair to the indivisible, with liberty and justice for all. Much of the discussion that carried Senator from Missouri, how long will f on in the quorum call is how we can or- you be speaking? ganize that in such a way to consider Mr. BOND. Mr. President, responding RESERVATION OF LEADER TIME amendments appropriately and in a to the distinguished minority leader, I The PRESIDENT pro tempore. Under reasonable way. But we should not plan to speak about 10 minutes. I would the previous order, the leadership time have to use all 20 hours. We have a lot be happy to allow Senator DURBIN to go is reserved. of other important issues to consider. first. I have some obligations. f In the meantime, we will be on the Mr. REID. I am wondering if after reconciliation bill throughout the day you complete your speech, could he go TAX RELIEF EXTENSION and the evening and the rest of the ahead and do his? RECONCILIATION ACT OF 2005 week until we finish the measure. Mr. FRIST. Mr. President, reserving The PRESIDENT pro tempore. Under I ask unanimous consent that after the right to object, we had 30 minutes. the previous order, the Senate will pro- the House bill is reported, we begin a Our people are not here, but they were ceed to the consideration of H.R. 4297, period of morning business, as under lined up. The plans had been scheduled. which the clerk will report. the order from last night, and further, I request that the Senator from Illinois The legislative clerk read as follows: that following the scheduled morning speak right after our 30 minutes, the A bill (H.R. 4297) to provide for reconcili- business period, the bill be open for de- first part. ation pursuant to section 201(b) of the con- bate only until later today when either Mr. REID. That is OK. I didn’t want current resolution on the budget for fiscal I or the assistant majority leader is to use leader time, but we will work it year 2006. recognized. out. We have an extra 15 minutes on Mr. FRIST. I suggest the absence of a The PRESIDENT pro tempore. Is each side. quorum. there objection? The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The Mr. REID. Reserving the right to ob- agreement is to add 30 minutes to the clerk will call the roll. ject, I haven’t talked specifically to ei- original hour? The legislative clerk proceeded to ther one of the Republican leaders Mr. REID. That is correct. call the roll. about this, but I would like that to be The PRESIDENT pro tempore. Is Mr. FRIST. Mr. President, I ask amended. We did not clear time for there objection? unanimous consent that the order for Senator DURBIN to speak as in morning Mr. REID. And the Republicans’ 45 the quorum call be rescinded. business. I ask unanimous consent that minutes is first.

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

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 459 The PRESIDENT pro tempore. With- Third, we must continue to provide Afghanistan desperately needs a viable out objection, it is so ordered. maximum assistance for reconstruc- agriculture and farm credit system. We Under the previous order, there will tion efforts so that more Iraqis may need to get the farmers back on their be a period for transaction of morning gain access to electrical power, use feet so they do not turn to poppy probusiness for up to 90 minutes, with the water and sewer systems, and drive duction to feed their families. We have first half of the time under the control safely on their roads. tremendous agricultural resources in of the majority leader or his designee, This is not to say we have not al- our country, as the occupant of the and the second half of the time under ready made significant gains in these chair knows. We can leverage these re- the control of the Democratic leader or areas, for everywhere I went our troops sources to help gain leverage for inter- his designee, with the time counted and workers expressed to me their dis- national security in Afghanistan. I against the underlying statutory time appointment that the tremendous have written the U.S. Secretaries of limitation on the bill. achievements we have made have gone State, Defense, and Agriculture to en- Who yields time? largely unreported in the U.S. media. courage their cooperation in devel- The Senator from Missouri is recog- One phrase I heard used often in our oping a joint venture to put Afghan nized. major networks is: If it bleeds, it leads. farmers back on their feet. I envision a COMMENDING OUR MILITARY OVERSEAS They talk about the tragedies and the corporate venture between State, Mr. BOND. Mr. President, I rise losses, but they somehow fail to talk USAID, the Defense Department, the today to recognize and commend the about the progress we have made. A Department of Agriculture, land grant valiant efforts of our men and women few suicide bombings per day executed colleges and universities, and private who are serving overseas. Almost 41⁄2 by wayward individuals, mindless ter- sector volunteers, working together to years after the dreadful events of Sep- rorists, who are willing to sacrifice provide Afghanis with viable forms of tember 11 seized our Nation, brave themselves, is apparently a higher pri- agriculture. This endeavor would Americans continue to serve overseas ority in the media than acts of sac- counter the significant drug problems in our response to those attacks. Dur- rifice, courage, and commitment by in Afghanistan and destroy the incen- ing the past 2 months, I have visited several hundred thousand coalition tive that many farmers face in deciding with our troops, agency operators, and workers and over 26 million Iraqis. To to grow poppy. Existing counter- aid workers in two areas I believe are be sure, Iraq is a dangerous place—the narcotics funds in the Defense budget the two fronts of the war on terrorism, day before we arrived at one base, five would be well spent in this area by giv- the Near East and Southeast Asia. of their marines had been killed—but it ing farmers a way out of drug produc- Those I met with in the Philippines, In- is also a place of tremendous trans- tion. I am more than willing to encour- donesia, Thailand, Iraq, Afghanistan, formation, and over the past year our age assistance from the colleges and and Pakistan all relayed to me, on the progress is often crowded out on the universities in Missouri and to work whole, very encouraging reports. In evening news. legislatively with my colleagues on a Iraq, our congressional delegation, But we must not lose our resolve. As proposal to move this initiative for- which included Senator BAYH, Senator the President said last night: ward. OBAMA, Representative FORD, and I, In all these areas, from disruption of ter- In Afghanistan, there is now enough was told by intelligence officials that rorist networks, to victory in Iraq, to the security in many areas to put less of an in spite of the increasing numbers of support of freedom and hope in troubled re- emphasis on warfighting and more em- IEDs, improvised explosive devices, at- gions, we need the support of friends and al- phasis on the livelihoods of the Afghan tacks, they see more reason for opti- lies. To draw that support we must always be people we are there to serve. This is mism this year than they did in the clear in our principles and willing to act. one of the most effective ways to in- The only alternative to American leadership vest in our national security for the fu- previous year, and they see it as no is a dramatically more dangerous and more small achievement that many of the anxious world. ture—making an investment in their infrastructure and assisting them to insurgent groups are joining the polit- The President also addressed his ter- develop a viable economic means of ical process. From Iraqi President rorist surveillance program. He said: Jalal Talabani, to U.S. Ambassador earning a living, without turning to This program has helped prevent terrorist the production of poppy, which leads to Zalmay Khalilzan, to U.S. military attacks in our country. It remains essential commanders, intelligence officials, aid to the security of America. If there are peo- the production of dangerous drugs. workers, and the Iraqi people them- ple inside our country who are talking with Finally, I will address an issue of selves, everyone told us that this year al-Qaida, we want to know about it because great frustration to me. Over the past will be a bellwether year for Iraq in we will not sit back and wait to let it happen year, there seems to have arisen in our which we see the potential for great again. national security community an appar- achievements. But we need to make That is what I hear from the people I ent absence of fear of punishment in re- progress in three key areas: talk to in my home State. gard to the arbitrary and senseless di- First, the Iraqis must ensure that a In Afghanistan, also, phenomenal vulging of our most secret and classi- national unity government reigns in progress has been made. Yet what we fied intelligence information. I am Baghdad. This was emphasized by hear about on the daily news are the talking about individuals who have President Talabani. The Sunni, Shia, incidents of terrorism that grab head- taken solemn vows to protect our Na- and Kurds have to work together to in- lines. Today in London, the inter- tion, who are breaking these vows for corporate all three parties in one gov- national community is coming to- their own particular purposes. In tak- erning structure. We were all greatly gether to chart the course for Afghan ing a vow to protect classified informa- encouraged by the 77-percent voter assistance for the next few years. This tion, one must acknowledge that he or turnout in the December general elec- is a vital meeting where peace-loving she will be privy to information that, if tions, as it evidences that more and nations will commit to invest in Af- divulged, could be very harmful to more Iraqis are buying into the won- ghanistan’s newfound democracy. Af- their fellow Americans. They acknowl- derful concept of democracy. Now they ghanistan is in a very different situa- edge a solemn trust by the people of need to show us they are willing to tion from Iraq, yet it currently has two the United States to protect classified work together as we provide them as- of the same pressing needs: the standup information and thereby to protect sistance and stability. of strong, reliable, civil-controlled in- their neighbors and themselves. I my- Second, we need to focus our primary terior security forces and infrastruc- self am under an obligation as a Sen- efforts in standing up Iraqi police and ture development. ator, and particularly as a member of domestic forces this year. Civilian au- I also heard from our leaders on the the Senate Intelligence Committee, to thority must reign in Iraqi cities for ground, including President Karzai of protect classified information. I believe citizens to gain confidence in their new Afghanistan and our commander of the access I have to such information democratic form of government. that region, General Eikenberry, that is a privilege and a solemn trust, and

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We must persevere to more capital gains taxes than other- nificantly affected our intelligence op- and we must remedy the costs to our wise anticipated. We actually have erations and thus diminished our na- intelligence gathering that is so essen- seen an increase in capital gains taxes tional security. It is my view that we tial in a war against terror. We must over what was anticipated prior to re- are much less safe in our homeland be- help countries develop strong econo- duction. Here we reduced the rate and cause of some of the actions we have mies and democratic structures, recog- got more revenue. It is something taken, some by legislation, but pri- nizing human rights and civilian con- many of us here have been arguing for marily by individuals disclosing infor- trol of forces. This is a challenge that a long time, and we see it borne out mation that has been classified for is ours to keep and we must not slack with the issue of capital gains. good reason. Potential sources in the from that effort. Again, one of the hindrances of our regions I have visited are now refusing Mr. President, I yield the floor. economic system right now is lawsuit to speak with U.S. officers or to co- The PRESIDENT pro tempore. The abuse and the horrific trauma some of operate with them for fear of their in- Senator from Pennsylvania is recog- these unscrupulous trial lawyers— formation leaking. They see some of nized. there are a lot of good trial lawyers, our most sensitive programs on the STATE OF THE UNION SPEECH but there are some unscrupulous ones, front pages of our newspapers and con- Mr. SANTORUM. Mr. President, I a small percentage, who are wreaking clude that we are a nation that has no congratulate the Senator from Mis- havoc on our society, which we will respect for classified information. As a souri for his excellent comments. I join deal with after the Tax Increase Pre- result, we are less likely to get infor- with him in talking about some of the vention Act, and also medical liability, mation we need because sources are issues the President brought up with frivolous lawsuits in a whole host of rightfully fearful that disclosure of respect to the State of the Union and, other areas, obesity lawsuits and the their information could lead to their in particular, some of the issues con- like. We need to get our arms around identification and the assassination of fronting us overseas. that and have a much more rational the sources themselves and probably Before I do that, I congratulate the system. The President called for that. their families. President for focusing like a laser Finally, there is the issue of fiscal re- Would you or I want to put our lives beam on the crucial issues we have to sponsibility, tighter spending. I think and the lives of our families in the deal with on the domestic side—the he is going to propose a very tough hands of a nation that we believed issues of health care, doing something budget for next year. It will be tough could not keep a secret? Of course not. to curb health care costs, improving to get done, but I think many of us are Last month, the Arab news network al- the efficiency of the system through looking forward to the kind of fiscal Jazeera aired a tape by Osama bin technology, expanding access through discipline we believe this country Laden warning the U.S. of future ter- both health savings accounts and tax needs as we enter a period of time when rorist attacks planned for our Nation. credits to those health savings ac- the baby boomers are going to start to On Monday of this week, his deputy, counts to let more people who do not retire and the pressure on us is going the infamous and deadly Ayman al- have employer-provided health care to grow dramatically, exponentially. Zawahiri, taunted President Bush on purchase health insurance; his initia- U.S. SERVICE MEMBERS’ SUCCESS IN IRAQ videotape for not killing him at tives on competitiveness and edu- Mr. SANTORUM. Mr. President, the Damadola, a village in Pakistan—in cation, preparing all of our students, reason I have come to the Chamber to the ungovernable and unreachable K–12 as well as in college, for the new speak is because I received a letter re- areas of Pakistan. These tapes dem- technology jobs that will be available; cently, which was passed on to me, onstrate that the threat from al-Qaida and an emphasis on improving the from a soldier in Iraq. This was passed is present and very real. From my per- quality of education through teacher on to me by his parents. This is not a sonal visit to that area, I can tell you training, as well as providing opportu- letter he sent to me; he sent it to his that that area of Pakistan, the tribal nities and incentives for folks who get parents and his friends telling about areas in which they operate, is truly a into the areas of math and science— his experience in Iraq. hostile environment to all foreigners, very important initiatives. The letter was written on December and not just to the United States, or Obviously, there was a lot of focus on 15 of last year. His parents wanted me British, or Australians, but to rep- energy. It has profound national secu- to see it to share their son’s experience resentatives of the Pakistan Govern- rity implications, as the President laid of what is going on and to juxtapose ment. When we drove out toward the out. that with what some in this Chamber tribal areas, we were faced with a sign The President cited our addiction to have been saying is going on in Iraq, as that said ‘‘foreigners not allowed.’’ oil and laid out a charge for us to re- certainly many in the national media When we drove up to that checkpoint, duce our dependency. It is a great aspi- say. It dovetails nicely with what the five men with AK–47s stepped out in rational goal for a President to lay out President said last night and the ad- the road in front of us. I thought this and charge all of us, on both sides of vances and the progress that are being was a good signal to turn back. the aisle, to come forward with our made in Iraq. Instead of hearing my We have a great difficulty in getting best ideas to create more energy in the words, I will read what this fine sol- information on what is going on in United States using the great minds dier—this fine Pennsylvania soldier— that area. But leaks of our secrets and and the technologies being developed said to his friends in writing from our top sensitive programs are killing in our university communities and in Baghdad. It says: one of our last lines of defense against our laboratories. Friends, I apologize in advance for this pending terrorist attacks. I think any We are going to work very diligently mass email. I felt I had to gather every email reasonable person would agree. on trying to address energy again in address I had and send a message. . . . I am This is an election year. Some may this session of Congress, to build on writing this from outside of Baghdad, and be content to play politics with our na- what we did last year. this is how I see the war from my small cor- tional security. I am not one of them. We bring up the tax bill, what I call ner. This is my opinion only, and not the position of the U.S. Army or government (I I don’t think the people of America ap- the Tax Increase Prevention Act, think I have to say it). preciate that. For me, I will do all in which is to continue the presence of The bottom line is that I have witnessed my power to ensure that we move for- progrowth policies that have resulted enormous progress in just my short four

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 461 months in Iraq. We are on the right path, crime is worsened by an alarmist media al- minded of, obviously, the incredible and we must complete our mission here. ways willing to tell everyone the sky is fall- heroism of the members of that ill- Democracy is Winning: ing. Well, it is not. The great thing is that fated flight but also of what we are up The election today was a great success the support regular American citizens show against and what they are willing to do with more voters and less violence than any- for their soldiers is overwhelming and one imaged. I sat in our operations center counters the negative political and media to take down our way of life. watching reports come in. I think the big- comments. Care-packages, cards, e-mails, We have a job to do, and we need to gest emergency was getting a busload of stu- and letters are abundant, and send a strong finish it, and that includes we have a dents to the polls despite the ban on driving message to those of us in the fight. job to do in the U.S. Congress. We have (Iraqi police escorted them). Building democ- There is a Plan: to pass the PATRIOT Act. It is abso- racy is a slow process that must be shep- And the plan is that we pull U.S. soldiers lutely irresponsible for us to have herded along the way, but clearly the major- out as Iraqis become strong enough to secure every few months or few weeks the PA- themselves. We are doing this little by little, ity of Iraqis want to participate in a demo- TRIOT Act potentially not being ex- cratic process and have a democratic govern- slowly withdrawing and turning security over to the Iraqis. Slow and methodical is tended, out there hanging over our law ment. This is evident all the way from the enforcement people. We need to im- neighborhood councils to these national the key, not a rushed abandonment of our al- elections. The choice is between terrorism lies and friends. A vacuum in the wake of a prove the PATRIOT Act, pass it, im- and democracy . . . and 15 million chose de- rapid U.S. pullout would only be filled by prove both civil liberties and our abil- mocracy. chaos. ity to protect ourselves, and we need to We are Defeating the Enemy: Like almost all soldiers here, I would like do it now. Our battalions in our area have routed out to go home. For me it would be to see my We also need to stand behind our much of our enemy, forced them to ground, young children and wife. However, in the end President in his efforts to make sure or forced them to flee. The Marine and Army I would prefer to stay until the job is done, or return for a second tour. I say this be- we are intercepting communications actions in the west have cut off new recruits between suspected al-Qaida terrorists and supplies. If a bad guy does something, cause I recognize that we are making progress, and that we will win . . . and I rec- and those who want to coordinate from nine out of ten times, he pays for it. The places all over the world. threat is shifting from terrorism to one that ognize the cost of failure. I do not want my is more criminal in nature, but make no mis- family to be a target of terrorism in my I hear often in reference to the take, the insurgency is not over. This is driv- homeland, nor do I want my son to have to events of 9/11 that the critics of the ad- en by the casualties we have taken in our fight the war I should have finished. ministration are saying they failed to Thank you for taking the time to read unit, though they have been gratefully few. connect the dots. I don’t know how this. I hope it helps balance what you are The insurgency will continue even as Iraqis many times I have heard that the hearing in the media. take over the fight, and it may continue for President or the administration or the years, but it is waning, there is no doubt. This soldier wrote this letter on his intelligence community failed to con- The Iraqi Army is Effective: own. No one called him or wrote him or nect the dots. And these very same I can only speak for our area, but here the asked him to write this letter. He did people today want to erase the dots. Iraqi Army units are motivated and effec- it, obviously, because he cares a lot They don’t even want us to have the tive. We continue to turn over more and about his country, his family, and the more of the city to the Iraqi Army and they dots to connect. They don’t want us to future security of our country. get the intelligence so we can, in fact, have done well at continuing to defeat the I can tell you that this is not an un- insurgents. The Iraqi Army and police suc- proceed in having those dots a little usual letter I have received or an un- cessfully provided all of the security for the closer together so we have an idea of in elections in our area, with our units acting usual comment I have been given by what direction they are going. only as a quick reaction force if required. We soldiers who have returned from their This is not a political folly of the continue to partner U.S. soldiers with Iraqi duty in Iraq. It is almost unanimous. President, to track down enemies of units and they continue to improve. It is in- The sentiments expressed in this letter the administration and eavesdrop on evitable that they will be able to carry the are the sentiments I hear, whether it is them. This is a targeted program run full burden securing their country in the talking to folks back in Pennsylvania, by professional people of suspected al- near future. talking to folks at Walter Reed or Be- Consequences: Qaida terrorists who are commu- The consequences of pulling out too early thesda. I hear it over and over—the op- nicating overseas. I find it almost in- are enormous. It would likely lead to a civil timism, the high morale, the sense of credible that this has become a polit- war and terrorist haven in Iraq, possibly accomplishment, and the fact that we ical football in this overtly and, I be- dragging the entire region into further tur- are, in fact, winning this conflict in lieve, extreme political environment moil. Al Qaeda would be encouraged to con- Iraq. we are in right now. tinue to attack America, at home and I will tell you that I agree with him, I am hopeful that the rhetoric will abroad. Staying to finish this fight, though that we are making progress, that we back off and that we will focus again more soldiers will lose their lives, is a much have a plan, that democracy is win- on what this soldier said. We have a smaller price to pay. The benefits of creating ning, we are defeating the insurgents, a modest democracy in Iraq are also enor- mission to accomplish—to protect mous. The people of Iran, Syria, and Saudi the Iraqi army is becoming more capa- America and to secure our freedom in Arabia will witness the benefits of an open ble and effective each day, and, as he the future—and we need to do so to- democracy and, hopefully, pressure the gov- said, there are real consequences of los- gether, in a bipartisan manner, with- ernments to change. What was a swelling of ing, of withdrawing before the job is out snipping at each other’s heels try- jobless, dissatisfied Arab young men, easily finished, and that the defeatist rhet- ing to get political advantage. Simply recruited to the ideology of terror just a few oric and the media bias do have an im- support the mission that is best for the years ago, will soon have nonviolent outlets pact on our ability to accomplish this long-term future of our security. through democracy and an economic future task. through open markets. I have one final comment on the NSA It is far too often in this country, program of trying to uncover terrorists Negative Political and Media Comments 1 are Damaging our Efforts: now that we are 4 ⁄2 years removed who are potentially planning and plot- I want to make it unequivocally clear that from the events of 9/11, that we forget ting further destruction in America. political comments about pulling out of Iraq what happened there and what hap- It came from an op-ed that I read in or losing this war does hurt soldier morale pened before; that we were not antago- the Wall Street Journal the other day, and absolutely gives hope and encourage- nizing our enemy, we were not out from the sister of Charles Burlingame. ment to our enemies. The only way the ter- there riling up the insurgency, we were He was one of the pilots on American rorists can win in Iraq is if the American not threatening terrorists around the Airlines flight 77. He was from my people lose the will to finish what we started world. We were ‘‘minding our own busi- and withdraw early. Now our battered en- State. I had the opportunity to meet emies have been given a sliver of hope by ness,’’ and they hit us and hit us hard. his wife and members of his family. weak politicians, so they will fight on and My wife and part of my family Debra Burlingame writes in the Wall gain additional recruits. This political mis- watched the A&E special the other Street Journal this week: take will cost more blood than any military night on flight 93. I encourage every NBC News aired an ‘‘exclusive’’ story in error yet made in this war. Of course the American to watch that just to be re- 2004 that dramatically recounted that how

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 462 CONGRESSIONAL RECORD—SENATE February 1, 2006 al-Hazmi and al-Mihdhar, the San Diego ter- ability of fuel and their ability to pay. Last night, the President specifically rorists who would later hijack American Air- It might be warm here, but it is the mentioned coal and the use of zero- lines flight 77 and fly it into the Pentagon, coldest January that interior Alaska emissions coal. This is what we need to received more than a dozen calls from an al has seen in probably 30 or 35 years or be doing, where we need to be going. Qaeda ‘‘switchboard’’ inside Yemen where also. The average temperature in Fair- But when it comes to oil production, Mihdhar’s brother-in-law lived. The house received calls from Osama Bin Laden and re- banks this past month has been—I you have heard me on the floor of the layed them to operatives around the world. think it was 22 degrees below zero, but Senate, and Senator STEVENS on the Senior correspondent Lisa Myers told the that is just the average. So it is cold floor of the Senate, talking about what shocking story of how, ‘‘the NSA had the ac- there. So when we talk about the cost the potential is up north in Alaska on tual phone number in the United States that of home heating fuel and what it means a tiny portion of Alaska’s coastal the switchboard was calling, but didn’t de- to people, it really does hit home. plain; the opportunity on the Arctic ploy that equipment, fearing it would be ac- The President said last night that we National Wildlife Refuge for additional cused of domestic spying.’’ Back then, the must reduce our reliance on Middle sources of oil that could help America NBC didn’t describe it as ‘‘spying on Ameri- Eastern sources of oil. He is setting a reduce its reliance on foreign sources. cans.’’ Instead, it was called one of the goal for us to reduce that reliance by 75 When the President talked about the ‘‘missed opportunities’’ that could have saved 3,000 lives. percent. He suggests the way we need key to America ending its addiction to to do it, the way we have to get there, oil, often imported from unstable parts It is a classic case in point where is to utilize technology to promote new of the world, it is through utilizing this people complained about connecting energy sources and new efforts at en- new technology. He said: Go there. He the dots, but in this case we simply did ergy efficiency. But, really, it comes might just as well have used ANWR. He not have the dots because we were down to the technology. didn’t use it. All the newspaper articles afraid to go out and find the informa- As we all know, just last year we fi- this morning noted the fact that he tion we needed to prevent the loss of nally were successful in moving for- didn’t use that. But we have already lives in America. ward a comprehensive energy bill that developed and continue to develop a Don’t hamper our ability to do that promotes ethanol production, promotes host of new technologies that will per- in the future. Quit playing politics hydrogen fuel cell development, pro- mit oil development from the Arctic with the safety and security of the motes energy from biomass, ocean cur- coastal plain without harm to the envi- American public. rents, new generation of nuclear ronment or the wildlife. I yield the floor. power—we took positive steps last year There was an energy conference in The PRESIDING OFFICER (Mr. VIT- through that bill. The President has Anchorage just a couple of weeks ago TER). The Senator from Alaska is rec- clearly recognized that and is seeking where the industry unveiled this new ognized. to move forward on that agenda and directional extended-reach drilling. It Ms. MURKOWSKI. Mr. President, improve on that. He spoke specifically is technology that will be tested this how much time remains on the major- to enhanced wind, solar, ethanol year. It should permit the oil deposits ity side? to be tapped from up to 8 to 10 miles The PRESIDING OFFICER. There re- through saw grass. He is looking to that technology that will reduce our away from a well site, 8 to 10 miles main 121⁄2 minutes on the majority side reliance on foreign sources of oil. away from that well site. This is al- AFFORDABLE ENERGY He said, further, we must also change most double the 4 miles that drilling Ms. MURKOWSKI. Mr. President, I how we power our automobiles. This is currently accesses oil at the nearby Al- want to take a few minutes this morn- significant. It is important. We agree pine field up on the North Slope. So the ing to speak to the issue of affordable we must work toward this particular technology is moving at an incredible energy that the President raised last goal. We must change how we power rate. night in his State of the Union Ad- our automobiles. But we also have to Further improvements in extended- dress. He said that keeping America keep in mind that it is not just the reach drilling—what this does is allows competitive requires affordable energy. automobiles that are using the oil that us to have less disruption on the sur- I think all of us across the country are we consume as a nation. Think about face. This means that potentially you certainly keying in to the terminology how we get here, through the airplanes, are looking at almost a 100-square-mile that he used, ‘‘affordable energy.’’ the aviation fuel, the diesel products, area that is going to be absolutely un- Right now what we are seeing is the petrochemical products that we disturbed on the surface so animals can causing us to choke a little bit at a consume as a nation—whether it is range freely, undisturbed by drilling time when world oil prices are back up Band-Aids or CDs or cosmetics. So sites. A 100-mile area is a lot of room, to nearly $68 a barrel for crude oil. Yes- much of what we utilize in our daily whether you are a caribou or terday, it was $67.95 for a barrel of products is petroleum based. muskoxen—or a lot of caribou. We have crude oil. This is after even an unusu- While we must be honest and say we also new three-dimensional and four- ally warm winter in the Northeast. must figure out another way to power, dimensional drilling technology that Gasoline prices nationally are aver- to fuel our vehicles, we have to recog- will identify small oil pools without aging $2.34 a gallon. This is up nearly a nize that to a certain extent we will the disturbance to wildlife that once quarter in the past several weeks, ac- still need oil in our society. We will was caused by the old seismic tech- cording to the Automobile Club of still need these petroleum-based prod- nology. We have new equipment that America. So when we are talking about ucts. We will still need aviation fuel allows oil wells to be drilled within a energy supplies, it is the prices that for our aircraft. few feet of one another, thus reducing people in the United States are really So how do we get to where the Presi- the size of the pads by as much as 88 focused on. It is not just when it comes dent wants to get, which is a reduced percent. Compare this to what we are to paying the price at the pump, it is reliance on foreign sources? It is all currently doing on the original also a very heavy reminder to us as we about what we do domestically. It is all Prudhoe Bay oilfield, which is about 90 receive our utility bills every month about what we do with our innovation miles to the west. It is something and as we look at the ever-increasing to provide for additional resources do- worth seeing. I hope to have the oppor- price of natural gas and what it is cost- mestically so we are not reliant on tunity yet again this year to invite ing to heat our homes. The cost of Middle Eastern oil, we are not reliant other Senators to come up north to see home heating fuel in my State of Alas- on the OPEC countries. We have to do for themselves what the technology ka is through the roof. We have fami- more in a balanced way to use the new means as far as reducing disturbance to lies, we have whole communities that technology to increase the domestic the land, preventing pollution, and pre- are struggling to make their payments, energy production from conventional venting any environmental degrada- wondering how cold this winter is real- sources. This means producing more tion. ly going to be and what it is going to oil, more natural gas, and more coal With this new technology—this is ac- mean to them in terms of the avail- from American land. cording to the latest estimates that we

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 463 received last year from the USGS—we Mr. ROCKEFELLER. Mr. President, I native minimum tax was meant to hit can develop the nearly 10 billion bar- ask unanimous consent to speak as if very wealthy people who took advan- rels of oil that we anticipate will be in morning business. tage of every tax relief available or found on the coastal plain. When you The PRESIDING OFFICER. Without every tax loophole that was legally look at the prices we are at now and objection, it is so ordered. available within the Tax Code and still you estimate $55 a barrel, the oppor- (The remarks of Mr. BYRD, Mr. REID, didn’t pay any taxes, that they ought tunity for us as a nation to provide for and Mr. ROCKEFELLER pertaining to the to pay some tax. So it was referred to America’s needs, and thus reduce reli- introduction of S. 2231 are printed in as the alternative minimum tax so ance on foreign sources, is incredibly today’s RECORD under ‘‘Statements on that everybody, regardless of how significant. Introduced Bills and Joint Resolu- wealthy they might be or how high When we look at where we are receiv- tions.’’) their income might be, paid a little ing our oil from now, America today is The PRESIDING OFFICER (Mr. GRA- something into the income tax fund for importing 4.7 million barrels of oil a HAM). The Senator from Iowa. the privilege of living in America. That day from OPEC nations—1.47 million Mr. GRASSLEY. Mr. President, we privilege is a constitutional right, but from Saudi Arabia, 1.43 million from are back at taxes once again. What the everybody contributes something to it. Venezuela. These are just the names of people of this country are going to be That was the theory behind it. the OPEC nations on which we are re- hearing in the debate for the most part Well, that was not indexed. And since lying now. ANWR production—given is very similar to what we discussed in that wasn’t indexed, we have to change the estimates I just cited from USGS, this Chamber back in the second and the Tax Code from time to time so it given the estimates I have of the third week of November of last year. doesn’t apply to more people. Actually, prices—we estimate we would likely Thinking of how to give a picture to the thing ought to be repealed because see 1 million barrels per day, poten- this debate, I picked as a starting point it is not serving the purpose it was in- tially as much as 2 million barrels a the fact that tomorrow is Groundhog tended to serve. day. This, again, is according to USGS Day. I think you see a portrait of First of all, it was not meant to hit estimates. This will dramatically re- Punxsutawney Phil, the famous middle-income taxpayers. Secondly, a duce our dependence in the future on groundhog. Tomorrow, is he going to lot of people today, because they hire OPEC and should help to lower world see his shadow? If he does, then we the right people to do their income tax, oil prices. have 6 more weeks of winter. If he have legally found ways of avoiding the We understand that the President is doesn’t, then spring is here. I guess alternative minimum tax. So it is not going to have more to say on several of that is the way it has been for 100 years even hitting the people it was supposed the measures that he discussed last or maybe longer. to hit. Yet it is hitting millions of peo- evening, including energy and his pro- Punxsutawney is in Pennsylvania, ple it was never intended to hit. How posal for the national security as well and Phil is the name of the groundhog. you keep tax policy like that on the as economic security when it comes to In thinking of Phil and his impending books, I don’t know. I would like to re- reliable, affordable energy. He under- weather report, I also thought of a pop- peal it. If I could get 51 votes to repeal stands our concerns and understands ular film entitled ‘‘Groundhog Day,’’ it, that would be my first amendment. that in order to be a competitive na- which starred Bill Murray, in which a But under the way we do things in the tion in a global economy, we must have man relives the same day, Groundhog Senate and the points of order that can reliable, affordable energy; an energy Day, over and over and over. This film be made, I am not apt to get that sort source that does not cause us to be vul- has taken on greater significance for of an approach. So what we do is, we nerable. me as I seem to be in a similar situa- Some may think that ANWR was set- kick the can down the road. tion. More than just a sense of deja vu, I wish to get back to this history— tled just a few weeks ago at the end of I feel I am reliving a past experience deja vu—of seeing the shadow and the December when we missed by just sev- because starting this hour, we are Groundhog Day and all that stuff to eral votes in the Senate from breaking going to begin debate on a Senate tax give you the history of why the ques- a filibuster on the issue. But I want to reconciliation bill. Yet I seem to re- tion is, Why are we going through this assure Senate Members that the issue member that we had this debate. I re- of ANWR is far too important for us as now on February 1 and 2, and it will ferred to these debates in the first probably carry over into next week, to a nation to not bring forward again. words of my time when I said that we For the good of this Nation we need a February 4, 5, and 6? Why are we going did this starting Wednesday, November balanced energy solution, one that through this when we spent all that 16, 2005. That was at 3:35 Wednesday both increases domestic production of time back in November doing exactly afternoon. We took up S. 2020, the Tax conventional sources and that produces the same thing? Relief Act of 2005. I want to hold this new energy from alternative sources The rules of the Senate provide the up here. This isn’t just any little docu- and improves efficiency, improves en- minority—or maybe I should say not ment we took up; it is a tax bill, expir- ergy conservation. It has to be all just the minority, every Member, but ing provisions. Everything in this, three. I will not stand before you and in this case it looks to me as if it is when we were discussing this on No- say it just is the production piece. mostly the minority which is taking That is not a balanced approach. vember 16, was reenacting provisions advantage of it—certain motions that That is not the approach for the future. that sunset December 31, 2005, so that have to be given to get to conference to The approach for the future is to make there would not be an automatic tax iron out the differences between the sure we use our technology and our in- increase on the American people. We House and the Senate. In this case, the novation to get us to the point where are in a situation that if we don’t get minority is going to take full advan- we have energy independence. That this done pretty soon and a year from tage of that even if we redo all the de- ought to be a goal for us as a nation, now people are filing their taxes for bate. energy independence, and we can get 2006 and 2007, they are going to have I will bet you can take speeches out that. But it does have to be a solution big tax increases. One that is very ob- of November 2005 and you will read the that is comprehensive and balanced. vious to everybody is the alternative same speeches today and tomorrow and For the good of the Nation, we need minimum tax, which I will discuss in a next Monday and Tuesday in the de- to get moving forward quickly in uti- minute. The alternative minimum tax bate on this bill. If you take out lizing our new technology to produce is going to hit no fewer than 14 million speeches of a month ago and can repeat more energy from both ANWR and new people and maybe as many as 19 mil- them, there is no end to the speech- energy sources. lion people who would not otherwise be making you can do in this body. We I thank the Chair. I yield the floor. paying the alternative minimum tax. started this debate at 3:35 on Wednes- The PRESIDING OFFICER. The Sen- All these people would be basically day, November 16, 2005. We took up this ator from West Virginia is recognized. middle-income Americans. The alter- bill, S. 2020. As we were considering

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 464 CONGRESSIONAL RECORD—SENATE February 1, 2006 this bill, we dealt with 80 different This is a very curious exercise. It is This bill goes way beyond helping amendments. They were filed. Maybe an exercise with no purpose, no appar- people who would be hurt by the AMT. we didn’t deal with 80, but at least ent purpose other than simply delay. Is It also includes popular and broadly ap- there were 80 ideas out there by people the delay on the part of the Demo- plicable tax benefits. I wish to talk who wanted to change this bill. They cratic leadership important? The an- about some of them and talk about were filed. Now, seven of them were swer is yes. Ask the American tax- them individually and use charts as I agreed to. It was a very lively debate. payers, and you will get an answer. The move along. It culminated in 18 rollcall votes about answer is yes, if you are one of almost For instance, the deductibility of col- whether amendments ought to be in- 20 million families waiting for cer- lege tuition is a very important part of cluded in the bill or whether there tainty that you are not going to be that 2001 tax bill. This is a benefit for ought to be final passage. We finally caught up in the clutches of the alter- families sending their kids to college. got to final passage at 12:05 a.m., Fri- native minimum tax. By definition, this benefit is geared today, November 18. We hear a lot about the AMT, the al- ward helping middle-income families According to the Secretary of the ternative minimum tax. You will hear who always have a hard time educating Senate, at least 97 of us were there at about it in this debate over the next their kids. They might not qualify for that midnight hour to vote on this bill, few hours. This bill does something Pell grants or guaranteed student so I am not the only one reliving this about the AMT: it extends the hold- loans, yet they need help to send their experience. There are going to be 97 harmless provisions so those 14 million, kids to college because they are not Senators who were there at midnight up to 19 million Americans won’t get millionaires. These are not high-in- on November 18—or I guess you would hit with it. I have a chart here that come people. They get the full benefit say that Friday morning at 12:05 a.m. will tell you exactly the number of peo- of the deduction if they make up to As we considered the Senate amend- ple in the respective States, based upon $65,000 as a single person and up to ment to the House version of this bill— the previous year, 2003, so it doesn’t $130,000 as a couple. Beyond these lev- the House version is the Tax Relief Ex- add up to the 14 million to 19 million els, the benefit phases out. A lot of tension Reconciliation Act of 2005—I people we think will be hit by 2006. But these folks are paying significant Fed- have to ask myself—but in a sense, I the number of people who will be hit by eral, State, and local taxes, and they am asking each of the Members—why it in my State of Iowa is 65,813. get no help in defraying the high costs are we still here? Didn’t we already go In the State of Nevada, even more of a college education for their kids. through this exercise? Are we not fin- people—68,273 people—are going to be This tax deduction helps provide and ished with the Senate debate? hit by it. Why would anybody from Ne- helps these hard-pressed, middle-in- I conclude that there is no rational vada not want to do something yester- come families with a benefit, and it reason for still being here because, nor- day rather than tomorrow about the furthers a very important national mally, it would be a unanimous con- alternative minimum tax? As I said, goal of supporting higher education— sent motion that we ought to go to these numbers understate what this not an end in itself, but to keep Amer- conference to work out the differences problem is today because there are ica competitive in the global economy. between the House and Senate. Unless going to be a lot more people getting This deduction runs out at the end of you do that, you never get anything to hit by it. this year. It did run out December 31, the President. It has to pass both bod- The basis of the bill the Senate 2005, but we have to be ahead of the ies in identical form. That is usually a passed, and the bill that is once again curve as people plan to send their kids pro forma operation here. We could before us, is an extension of the alter- to college. Will this be around for 2007? have done that in 5 minutes—Senator native minimum tax hold-harmless Not unless this bill passes. So these BAUCUS and I—or the leaders could provision. So every Member who is par- folks are going to face a tax increase have done that, but we are still here ticipating in this deliberate strategy of without even a vote of the Congress. because maybe people want to slow up delaying—delaying our entrance into Automatically, taxes are going to go the process. Maybe they don’t want to the conference with the House of Rep- up if we don’t enact this piece of legis- get to the asbestos bill next week, resentatives is delaying the certainty lation which we already passed back in which is very important to get to. The these millions of American taxpayers November. fact is, we already went through this deserve. Here I have a chart that shows for exercise, and we ought to be finished I emphasize the word ‘‘certainty’’ as each Member how many families in with the Senate debate, but we are not. far as the Tax Code is concerned. There their respective States are going to be In the face of a multitude of other is nothing that does more economic hit next year if we don’t enact this leg- important issues this body needs to good than knowing what the future islation. Again, I will speak to my deal with, does the Democratic leader- holds in the way of taxes as it affects State of Iowa, where the number is ship really want to reenact recent de- spending and investment. So if you 37,364 taxpayers. In Nevada, it is 25,776 bates and resuscitate old talking want to improve the economy of this taxpayers. Why would anybody want points? Our tax reconciliation bill al- country, if you want to keep this econ- Nevada taxpayers to pay more taxes? ready passed, and not just by Repub- omy strong, certainty of tax policy is And why would you not want them to lican votes because 64 of us voted for very important. know that today rather than tomor- that, including 15 Democrats. The only These are the facts on the AMT. row? Why not get this bill to conway you get anything done in the Sen- Look it up in the Internal Revenue ference and get this issue behind us so ate, because of protection of minority Code. The AMT relief provision expired that the taxpayers in Nevada know rights, which the Constitution allows, already, on December 31, 2005. I ask my that in the year 2007, their families are is by bipartisanship; otherwise, noth- friends in the Democratic leadership to going to be able to take advantage of ing gets done. So we had bipartisanship take a look at the calendar. One month the college tuition exemption from the on this bill. now has passed, and the AMT hold- income tax? Once again, in that par- While I believe this legislation is ex- harmless provision has not been ex- ticular State, it is 25,000 families. tremely important, and I will, as chair- tended. That is the cornerstone of this There is another benefit that is ad- man of the committee and manager of very massive piece of legislation. It dressed in this bill, S. 2020. It is called the bill, debate it as long as is nec- also happens to be the cornerstone of a the small savers credit. Here I am talk- essary, quite frankly, as I have indi- bill the Democratic leadership is delaying about a tax credit for low-income cated in my points, I question the ne- ing. So I don’t want to hear folks talk people to save through an IRA or a cessity of going through a long process about some sort of AMT problem and pension plan. We are talking about peo- that resulted in the bipartisan passage at the same time delay real action to ple who don’t know about saving or of the same bill just 2 months ago. So help those millions of taxpaying fami- don’t have the ability to save, that we that is my first point. lies. are going to give an incentive to save

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 465 and can get an ethic for saving because education get in other segments in the efit from it, particularly in this in- saving for retirement is something not economy—because they are devoted to stance with the deductibility of State enough Americans have done and par- doing good or they wouldn’t be teach- and local taxes. ticularly not enough low-income Amer- ing in the first place—why would you I ask them to focus on the taxpayers icans have done. So as a matter of pub- want to question this so they won’t of their respective States, whether lic policy, to encourage savings for have it this year? they are from Alaska, Florida, Nevada, people who cannot afford to save or Right now those teachers are buying South Dakota, Tennessee, Texas, don’t have the ethic to save, give them supplies and probably don’t think the Washington, or Wyoming, to get this an incentive to save through the small least bit that Congress would have bill passed so their taxpayers will know savers credit. We all think that savings sunsetted this legislation on December their local and State sales taxes can be is important. We all want low-income 31, 2005. So they are going out and buy- deducted. I hold out hope that the people to save for retirement. ing all these supplies thinking they are Democratic leadership will see the I have a chart that shows the number getting a deduction, and then when light. I hope they will work with me to of low-income savers who benefit in they file their income tax a year from see their folks in their State will be this bill on a State-by-State basis, now, they are going to be surprised. able to deduct these State and local which benefit won’t be there if we don’t I wish I could tell every one of them taxes this year and know they can do it pass this, or it is being delayed by 4 or that the Democratic leadership won’t very soon this year. 5 days because we have to go through let us go to conference so we can keep These provisions are bipartisan and the same debate we went through back that provision. I am not going to be millions of American taxpayers rely on in November. able to tell all 33,000 teachers in Iowa. them. Every Senator ought to help us Again, in my State of Iowa, there are They are going to find it out the rude pass this bill for these provisions alone. 95,000 people who could take advantage way when they go to file their income The bill before us addresses expiring of this small saver’s credit but who will tax. I would really like to tell the business and individual provisions that not be able to. teachers in Nevada about this as well. I have not talked about yet, what we Let’s take another State, Nevada. We don’t have to have this problem. call extenders. These provisions in- There are 36,923 people who are low in- All we have to do is get to conference. clude research and development tax come who will not be able to take ad- We can get to conference in 5 minutes credits and the work opportunity tax vantage of this provision. and work these provisions out, and by credit, just to mention a couple. Again, if you want to establish an next week, we can have this bill to the This bill also includes many of the ethic for saving, you should not pass President of the United States, or give charitable incentives that were intro- tax policy to encourage that ethic for us another week to work out the dif- duced in what we refer to as the CARE saving and then sunset it and expect ferences between the House and the Act and which have previously passed people to establish a lifelong pattern of Senate. We can get this all worked out, the Finance Committee and previously saving. You cannot stop and start tax get the bill to the President, and we passed the Senate. I appreciate the policy and expect people to develop an don’t have to worry about that. work of Senator SANTORUM and Sen- ethic to conform to saving, and I be- There is another point. We all think ator BAUCUS in working with me to lieve we all think the ethic of saving is of small business. There are small busi- balance these incentives with several very important. ness provisions in this bill, S. 2020, that of the much needed reforms that are The bill before us will also extend a passed the Senate by a bipartisan vote supported by the charitable sector, the tax deduction for teachers who buy at the midnight hour way back in No- Treasury Department, the IRS, the do- their own supplies for their students. I vember, and here we are piddling nors, and the taxpayers to make sure think this provision was developed in around with procedural motions to get charitable giving and the tax exemp- the 2002 tax bill by Senators WARNER to conference. tion for it serves the purpose intended and COLLINS to give teachers who go Everybody advocates small business and that charitable organizations use that extra mile by paying out-of-pock- because it creates 70 to 80 percent of the money that was donated to them et expenses some help through the Tax the new jobs in America. This bill for the purpose they asked for it. Code. would extend the small business ex- Beyond the CARE Act, this bill con- Who is going to argue with that? One pensing. Many small businesses use tains loophole closures and tax shelter might argue that we ought to pay this benefit to buy equipment on an ef- fighting provisions that raise revenue. teachers more, so they don’t have to do ficient aftertax basis. It is good for This bill is bipartisan. I have not that. We ought to appropriate more small business, it is good for small thanked my friend and ranking mem- money for schools so they don’t have business workers, and it is good for ber, Senator BAUCUS, for his coopera- to buy the supplies out of their pock- economic growth. tion. We had cooperation going way ets. But we have 40,000 school districts I have a chart on a very important back when we first started working on in the country, and we are not going to issue, at least to the people of Alaska, this bill in the summer of last year so be able to make policy here for every Florida—and Nevada, again, is going to we could be ahead of the curve. He and school district. We know that some benefit—South Dakota, Tennessee, I, when we first started, were not part- teachers are so devoted to their stu- Texas, Washington, and Wyoming. This ners, but we teamed up in the Finance dents that they are going to spend is because we established in the tax bill Committee. We teamed up in the first some of this money out of their pock- the deductibility of State and local Groundhog Day floor debate and, as al- ets, so Senators COLLINS and WARNER taxes. This bill will help 12.3 million ways, his cooperation and, more impor- came up with this idea of a tax credit taxpayers in these States—Alaska, tant with something as serious as this, for teachers who pay for supplies out of Florida, Nevada, Washington, Texas, his good humor makes a difference. pocket. South Dakota, Tennessee, and Wyo- I thank those Democratic Senators, Again, on a State-by-State basis, I ming. Tennessee is involved. It is the and that is 13 others besides Senator have a chart that shows how many home of our distinguished leader. Sen- BAUCUS, who joined me in a bipartisan teachers benefit from this provision. I ator FRIST has worked very hard to get effort on our first floor journey. I ask will pick out Nevada again. Nevada has this bill to the floor, and for the second them to help me persuade their leaders 21,853 teachers who took advantage of time. He is frustrated because we can’t to let this bill proceed. I ask them to this provision. In Iowa, we had 33,812 move this along. ask their leaders to focus on taking teachers take advantage of this provi- Nevada is one of these States. It is care of the legislative business and put sion. Why wouldn’t you want teachers the home of my friend, the Democratic a damper on the political games that who devote a life to a profession at rel- leader. Unfortunately, the Democratic appear to me to be nothing but going atively low pay—compared to what leader has fought this bill tooth and through what we went through last No- other people with the same amount of nail, even though his constituents ben- vember. We waste enough taxpayer

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 466 CONGRESSIONAL RECORD—SENATE February 1, 2006 money. There is no point wasting it The Senate is a place that often re- ple to 20 million people in 1 year alone. again, duplicating the debate of 3 days quires a supermajority, which helps en- Three million last year paid it. This back in November. courage Senators to work together. next year, if Congress does not act, 20 We can move on to other important Chairman GRASSLEY, the chairman of million Americans will be paying the items, including a lot of items the the Finance Committee, often works additional AMT stealth tax. Democrats want us to bring up on the with me, the senior Democrat. We meet Many families will not see this high- floor of the Senate. I yield the floor. together every Tuesday the Senate is er tax bill until later this year or next The PRESIDING OFFICER. The Sen- in session, and I might say, those Tues- April. But saying, Don’t worry, we will ator from Montana. day meetings are terrific. We get an fix it, probably will not reassure those Mr. BAUCUS. Mr. President, last awful lot done at those weekly meet- families when they hear there is noth- evening at 8:30, the Senate assembled ings. It is essentially bipartisan, working—that is right, nothing—in the as a body to proceed to the House ing together to get solutions. House bill to fix the alternative min- Chamber to sit together as one Con- Last year, Chairman GRASSLEY imum tax; that is prevent that tax gress. We did so because every year worked together with many Democrats from going into effect. The House tax about this time, we meet to hear the and produced the Senate’s version of reconciliation bill before us today President deliver his State of the the reconciliation bill. The Senate rec- chooses to extend capital gains and Union Address. We also meet together onciliation bill included continued al- dividends cuts. However, those tax cuts in the House—all Members of the Sen- ternative minimum tax relief. The Sen- do not expire until January 2009. AMT ate and Members of the House of Rep- ate bill included extensions of expiring protection expired 3 weeks ago. That is resentatives—for an address to the tax provisions. The Senate bill, how- why I urge my colleagues to reject the Congress, for example, by a foreign ever, did not include capital gains and House solution and insist on the Sen- leader. We did so for the address last dividends tax cuts. And the Senate in- ate version, remembering we have an July by the Prime Minister of India. cluded offsets—that is some increases, enforcer here, a limitation of $70 bil- But it is the exception rather than the basically the so-called loophole clos- lion. We cannot lower taxes in the net, rule when the House and Senate sit to- ers—to pay for some of the bill. the aggregate, more than $70 billion, so gether. In keeping with the traditions of the it is almost impossible to do all the Our country’s Founding Fathers, in Senate, that was also a consensus solu- provisions lowering taxes so many their wisdom, created a bicameral leg- tion, because in November of last year Members have in mind. We have to islative branch; that is, the House and the Senate passed a bill with 64 votes. choose. Senate separately. Carrying into prac- Contrast that with the House of Rep- I think the better choice is to pre- tice the ideas of Montesquieu and resentatives, which took a different vent the tax going into effect next year Madison, our Constitution creates a path. The House is a body where the rather than worrying about a tax in- very separate House of Representatives majority rules. There is no require- crease that may go into effect in the and Senate, two totally, entirely dif- ment of supermajority. And often the year 2009. We do not have the luxury to ferent bodies. majority rules absolutely. It is often a do it all right now, today. Oftentimes when confronted with the place where the slimmest of majorities The House proposal says the exten- same task, the House and the Senate rules. Some on the House side of the sion of capital gains and dividends tax come to very different solutions. That Capitol, I believe, too conveniently and cuts is a priority over AMT. If that is certainly the case with the bill be- inappropriately believe any votes more House proposal fails, then taxpayers fore us today, the tax reconciliation than needed for a majority are wasted will have reason to worry. If Congress bill. votes. That is a mistake. But that is does not extend the alternative min- We have something called a budget the House. That is their decision. imum tax protection, then the AMT resolution which we take up every When the House considered this tax will hit a family with three children year. That resolution gave the House bill that is under the same instructions earning $63,000 this year. The AMT is a and the Senate the same task. On April the Senate considered it, the House did family-unfriendly tax and the AMT 28 of last year, the Congress adopted something different. It did include cap- creeps deeper and deeper into the mid- that resolution, and the conference re- ital gains and dividend tax cuts. The dle class each year. Protection from port was adopted by a narrow margin House did not, however, include AMT the AMT should be a priority for all in of 52 votes. That budget resolution in- relief as contained in the Senate bill. both Houses of Congress, and especially structed both the House Ways and And the House bill did not include any for the American people. Means Committee and the Senate Fi- offsets to pay for any of the bill for Instead, however, the House has nance Committee to report legislation them. passed a separate AMT bill that is out- that would cut taxes by a net of $70 bil- In keeping with the House traditions, side the context of the budget resolu- lion. that was a partisan solution. In Decem- tion. That bill does not have the proce- Underlying that budget resolution ber of last year, the House passed that dural protections of this reconciliation was the assumption that the two com- bill with 234 votes, 16 more than the 218 bill. This other House bill purports to mittees—the Ways and Means Com- needed to pass the bill. protect families from the AMT, but mittee in the House and the Finance Confronted with the very same task, under that other House bill there Committee in the Senate—could cut the House and Senate came to very dif- would still be 600,000 additional tax- taxes on capital gains, cut taxes on ferent solutions. At the heart of this payers paying higher taxes next year dividends, prevent tax increases by vir- debate today is the difference between due to this stealth AMT tax. tue of the alternative minimum tax, alternative minimum tax protection Some called the House AMT tax a otherwise known as the AMT, and ex- for working families and capital gains hold-harmless provision, but that pro- tend a series of expiring tax provisions. tax cuts for investors. vision does not hold everyone harm- The chairmen of the Ways and Means What is AMT, alternative minimum less. Under existing tax law, 3.6 million Committee and the Finance Committee tax? For 17 million American families American taxpayers paid this alter- each set out to do those things, and the year 2006 came in with an unwel- native minimum tax in 2005. Under the each of those able chairmen found that come surprise; that is, a stealth tax, a House bill, 4.2 million taxpayers would it was not easy to assemble the votes new tax, an additional tax called AMT. pay the alternative minimum tax in to do all of those things. Faced with The temporary protection from the 2006, an increase of 600,000 taxpayers that reality, faced with that task, the AMT expired on December 31 of last and an increase I hope we can avoid. House and the Senate came to very dif- year. That means 17 million more The House gave alternative minimum ferent solutions. American families will be subject to tax relief second-class status—not The Senate is a place where Members this additional tax in the tax year 2006. first-class status, second class, al- often work together across party lines. That is an increase from 3 million peo- though it expired last year. Not only

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 467 that, the House bill pokes a hole in the Some people have said to me, Why it? If we want to talk about it, we can patch. Instead, this House bill allocates are we doing this? Have we done this in do that. But I urge both sides of the $50 billion over the next 10 years in the past? Have we had extended debate aisle, find a way to get an agreement order to extend for 2 years the capital and the opportunity for 20 hours of on how to do this. gains and dividends tax cuts—again re- time and a vote-arama at the end and What is going on here beneath the minding all present, Senators espe- amendments ongoing to confront? No, surface is two or three things. It is cially, that need not be done because we have not. This is unusual. kind of a general anger right now, un- the current provision with respect to Why are we in this position? This is fortunately, between both sides. We dividends and capital gains, that is the a case where the Senate got sort of—we need to get over that. But, also, there provision that was in effect last year, didn’t want to wait forever on the is a plan, I am sure, to offer other is also in effect next year and the next House. We moved first. Because of the agenda items, nongermane, ‘‘gotcha’’ year up until, as I mentioned, January way it was taken up, procedurally, we kind of amendments. That is what is 1, 2009. now have to go through this extra mo- going to happen. I don’t like that. I In summary, I think it makes sense tion to take up the House bill and all of think it contributes to the bad atmos- for us to reject the House solution. Let that. I don’t want to get into the de- phere around here. But I am a realist. us remember what our priorities are, tails because it is irrelevant, but I will We can deal with that. Tell us what the especially the priorities of the Amer- make this point: This is an administra- amendments are and identify a limited ican people, given the limitations we tive proceeding. This is a question number and let’s get it on, let’s have a have in the budget reconciliation in- dealing with the fact the Senate acted vote, and let’s be done with it. structions, and let us protect the mil- before the House and usually the House We can’t even get that done. That is lions of working families now subject acts first on a tax bill. Maybe we what is going to happen. We are going to a tax increase courtesy of the alter- should not do that. Yet we get criti- to have ‘‘gotcha’’ amendments on a native minimum tax. cized quite often because the House is whole variety of subjects. I don’t want The PRESIDING OFFICER. The Sen- waiting on us. This is a case where we to talk about them right now because I ator from Mississippi. were waiting on the House. We passed maybe know what they are going to be Mr. LOTT. Mr. President, parliamen- good legislation, with broad support. and maybe I should not know, but that tary inquiry: I don’t believe there is We should go to this conference. We is OK. If you want to have a debate on any order of speaking rather than the should have done it earlier today. This some nonrelevant amendment coming normal trying to rotate back and forth, is a voice-vote thing. There should not out of the stratosphere to put people so I wish to make a few brief remarks be any debate. on the spot, OK, but let’s at least agree now. So what is happening here? I think it to how we get that done. Mr. BAUCUS. Sounds good. There is another reason behind this. is sort of the sign of the times. We just Mr. LOTT. Mr. President, I thank There are some people who fear that, in went through the Supreme Court con- Chairman GRASSLEY for his speech this conference, we might eventually also firmation of Sam Alito. A lot of us morning. I thought it was extraor- include something to do with holding scratched our heads and said, How did dinarily good. I thought there was a down capital gains rates—capital gains it come to this? How low do we go? little bit too much emphasis on Iowa— taxes and dividend taxes. I hope so. I When do we stop the partisanship? we need a little more mention of Mis- certainly hope we will do that because Some people look at us and say, Why sissippi in the process—but it was very it is important to individuals, it is im- is this? Here is an example. There is no good. My colleague touched on every portant for the economy. But it is not call for this. When are we going to end important issue I had actually thought in this bill. This is another case where the tit for tat, and I will get you here I might mention, but I will not belabor we are having a huge argument over or I got you there, delaying the proc- those points. He made it very clear what is not in a bill. This is a classic ess? Obstructionism—I don’t get it. that this is tax legislation that has example of why the atmosphere here is broad support: 64 Senators voted for it Why we do not have an agreement of so bad. I hope we will find a way to do back in December and there were at how to deal with this now is beyond it. We should all assume some of the least 2 who missed it who would have me. Why our leadership—I am not blame. We ought to all root around and supported it, so 66 at least are for this. criticizing either one of them. There is say to each other, ‘‘Can we work this This is a classic case where there are just the fact that there has not been an out? Can we find a way to kind of get some people, I guess, who are opposed agreement to do it by voice vote, no through this process?’’ Let’s do it and to moving on to conference because of agreement to limit the time or agree- get on to the next subject. I know the something they think may be in con- ment to limit the amendments—no next bill we go to is going to cause a ference or some other things which I agreement. fracas—and probably it should. suspect, which I will talk about in a Here we are, on an administrative Asbestos reform? I have been trying moment. But there has been good lead- proceeding to go to conference on a to figure a way to do asbestos reform ership. It is time to get into con- very important tax package, action if for 20 years and haven’t been able to do ference. we do not take will cause people’s it. We have not been able to do it. I thank Senator GRASSLEY’s partner taxes to be raised. Do we need it? Yes. and helpmate on most legislation, Sen- We need to stop. We need to work out Is the bill which the judiciary re- ator MAX BAUCUS, for what he has had an agreement how this is going to pro- ported out a perfect solution? I am not to say and for the support he has given ceed. We should be through this by sun- saying it doesn’t have some good ben- on good tax policy over the years. They down tonight. But, no, what is going to efit. I know the committee has worked are examples of what can happen in happen is we are now headed—we are hard on it, and I know Arlen Specter this institution, how we can work to- going to be on this next week. Some has worked hard on it. But it is tough. gether across the aisle, in committees, people say we ought to be doing this, We should at least do that. as individuals. I commend them both we ought to be doing that, why aren’t If we are going to be attacked by the for their position on these issues. we debating—whatever—because we are Democrats, that would be a good place Of course, you can go through every messing around like this. to do it. It will be a bipartisan fight, I bill and find some piece or some por- As a Republican and in support of the am sure. tion or some section you don’t nec- bill, my attitude is, fine; throw me in I don’t understand. I wish we could essarily agree with or would like to the briar patch. I love to talk about get over it. have more or all kinds of arguments. this. This is a positive agenda. This This is good legislation. It has been But this one is amazing to me. I will will help the economy. This will help coming for a long time. It is ready for talk a little bit about the substance in the families with children. This will conference. The conference probably a moment, but I want to talk about help my State. This will help most won’t be that acrimonious, and it prob- what is happening here. Senators’ States. Why don’t we just do ably won’t take that long. I hope and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 468 CONGRESSIONAL RECORD—SENATE February 1, 2006 expect that it will be bipartisan. It But we also have not been able to let us arrange a time. OK, at 12 noon probably will be. check our appetite for spending. There we are going to meet at the OK Corral But this procedural, dilatory action is no offsetting reduction in spending. next Tuesday and get it over with—but which will drag us out for the rest of If we don’t have these progrowth tax not on this bill. this week and into next week probably incentives, we will have a worse deficit Can we do a few things together be- is holding up a number of important because the revenue they generate will fore we fight like cats and dogs because issues. not come in. it is an election year? We ought to find Do the Democrats really oppose the I don’t want to mislead anybody. I a way to do that. centerpiece of the bill? The biggest am absolutely hoping that I will be a But if we are not going to get an chunk of it—$30 billion—is for ensuring conferee, and I will be pushing for hold- agreement, I will say repeatedly, as the AMT doesn’t hit more than 9 mil- ing down these capital gains and divi- long as we are on this bill, this is our lion middle-income families this year. dend rates. territory. I am glad to talk the rest of Do they oppose that? We need to look at what is happening this year about going to conference on Do Democrats oppose the research in the economy. What is happening is tax relief for working Americans, for and development tax credit, a 1-year good. It is not perfect. But we need to teachers, for families with children. extension which costs nearly $10 bil- think about ways to continue the Hallelujah. I would just as soon let us lion? growth we have seen and create the stay on this for the rest of this month. Do they oppose small business ex- jobs. Millions of jobs have been created I will be a happy camper. Politically, I pensing? in the last 3 years. Unemployment is don’t know who is winning. Maybe we are. That suits me fine, too. I have my We all stand here on the floor of the 4.9 percent. The gross domestic product speech ready to talk about the sub- Senate and praise the small businesses growth is strong. Household wealth is stance over and over again. We can do in this country as to how important at an all-time high, reaching $51.1 tril- that. But we also can go to conference they are to the economy and the jobs lion in 2005. Seventy percent of Ameri- and get this work done, and then we they create. They do. It is true. Why cans now own their homes. The Amer- could go on to the next issue. wouldn’t we want to extend small busi- ican dream is becoming a reality. In- I thank the Chair and my colleagues ness spending? Why would we want come is rising. Inflation remains in for this time. I yield the floor. that to end? It will, if we don’t act. check. There is a lot to be proud of. The PRESIDING OFFICER (Ms. MUR- Do Democrats oppose the work op- But that is not good enough. KOWSKI). The Senator from Montana. portunity tax credit? We need to look at where the prob- Mr. BAUCUS. Madam President, I Do they oppose extending the wel- lems exist and at how we can provide must say it is delightful to listen to fare-to-work tax credit? incentives for growth and create better the Senator from Mississippi. I wish Do they oppose allowing above-the- paying jobs and to pay attention to sometimes he could come to the floor line for teacher classroom expenses? people’s retirement needs and their more often. He makes a good point, Do they oppose the provisions in here health care needs. There is a lot we that we have to work together. And we that would be beneficial to States need to do. all know that we try hard to work to- which do not have a sales tax, such as I wish we could find a way to agree gether. At the same time, Senators Nevada and Florida? more on how we can move legislation have the right to offer amendments. The answer is no, they don’t oppose in this body—not how we can drag it We will work together the very best we those things. They are for them. An out or get the drop on each other. can. overwhelming majority support 98 per- I remember when I used to talk to I want to say how much I appreciate cent of what is in this bill. Yet we are Tom Daschle when we were in leader- the comments he made and how much going to ding round here the rest of ship positions. We would get tangled up I appreciate the addition he is making this week, and we are going to even in arguments—heated ones. And I used to the discussion. have to go through an extra motion of to fill up the tree every now and then As I noted in my opening statement, sending it back to the House, and hav- where amendments could not be of- one of the weightiest differences being the House kick it back over here. I fered, which he didn’t appreciate, and tween the underlying House bill and think we should not be proceeding in he said as much. But many times we the pending Senate substitute before us this way. would come together and say in the is that the House bill includes capital I also want to make it clear that I end: Good politics means good policy. gains and dividend tax cuts. The Sen- think it is very important for us to If you do things that help the people, ate didn’t include them. The Senate take another look at what is in the everybody benefits—Democrats and Re- chose instead to favor AMT protection House version in conference which publicans. for working families. We couldn’t do would support the progrowth policy of Do we need to do something about both. The Senate chose to apply the tax and capital gains and dividends at the delivery of health care in America AMT relief. There are several reasons the Senate 15 percent or at 5 percent for individ- and the accessibility and affordability did not include the capital gains and uals in the 10- or 15-percent tax brack- of it? Yes. dividend tax cuts. One among the many ets. Do we need to find a way to deal with good reasons is that the Senate’s rules I am disappointed that we don’t have border security and all of the ramifica- make them hard to include. a 2-year extension in this bill. I believe tions of immigration? Absolutely. In a moment, I will propound a series if we did that it would spur and encour- Do we need to find more ways and of parliamentary inquiries to the Pre- age economic growth and would bring better ways to deal with the future en- siding Officer on this point. But let me in more revenue to the Treasury. ergy needs of this country? Yes. first take a moment to explain. The CBO has indicated that the cap- Would it be good if we could find re- The Senate’s Byrd rule—actually, we ital gains and dividends tax relief poli- form on asbestos that would actually know there are several Byrd rules—sec- cies generated an additional unantici- help the people who are truly injured tion 313 of the Congressional Budget pated $26 billion into the Treasury. and not have all the money go to my Act contains what a reconciliation bill This is not what has caused the def- friends in the plaintiffs’ bar? Yes. We can include. The rule is named after icit. The deficit is caused by us spend- ought to do that. We ought to find a the distinguished senior Senator from ing more money. A lot of it is justified. way to do it in a bipartisan way. West Virginia. Senator BYRD and those We have the war in Afghanistan, the I plead again with the leadership of who joined him in writing the Byrd war in Iraq, the war on terror. I have the Democratic side. Let us get an rule recognized that the budget rec- been here pleading with my colleagues agreement on how to finish this. Let us onciliation process is a powerful en- to help those of us in the Katrina area. not have a shootout when it is not even gine. And the Byrd rule keeps rec- It costs lots of money; both of them necessary on this bill. There will be onciliation bills more on the purpose hundreds of billions of dollars. plenty of time for a shootout. In fact, for which they were intended.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 469 One subparagraph of the Byrd rule the House bill would worsen the deficit cause the Government will tax capital deals with the worsening deficit in the by close to $13 billion in fiscal year 2012 gains at a lower rate. outyears; that is, years beyond the alone. This is because lower capital A similar phenomenon takes place budget resolution. Section 313(b)(1)(E) gains tax rates in the short run will in- with dividend tax cuts. The dividend of the Budget Act says that a provision duce holders of property to sell their tax cuts in the House tax bill would is out of order if the title that includes assets earlier than they otherwise worsen the deficit by more than $9 bil- it would worsen the deficit for any fu- lion in 2011 alone. would have. As a result, the U.S. Treas- ture fiscal year after the fiscal years I have been citing numbers provided ury may realize some increased reve- covered by the reconciliation bill. The by the Joint Committee on Taxation. nues in the short run as property hold- provision was designed to prohibit leg- I ask unanimous consent that the islation that would make our deficit ers pay capital gains on those sales. full table setting forth the Joint Com- problem worse by hiding the costs in But the Treasury will lose revenue in mittee’s estimated revenue effects of the future. the long run because the property hold- the House bill be printed in the The capital gains provision in the ers will not sell that asset at the later RECORD. House bill is one such provision. The time which they otherwise would have There being no objection, the mate- dividend provision in the House bill is sold the asset. And the Treasury will rial was ordered to be printed in the another. The capital gains provision in also lose revenue in the long run be- RECORD, as follows:

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Provision Effective 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2006–10 2006–15

I. Extension and Modification of Certain Provisions Through 2006: 1. Treatment of nonrefundable personal credits under tyba 12/31/05 ...... ¥565 ¥2.260 ...... ¥2,825 ¥2,825 the individual alternative minimum tax (sunset 12/31/ 06).1 2. Tax incentives for business activities on Indian reservations: a. Indian employment tax credit (sunset 12/31/06) tyba 12/31/05 ...... ¥21 ¥29 ¥11 ¥1 ...... ¥62 ¥62 b. Accelerated depreciation for business property ppisa 12/31/05 ...... ¥161 ¥280 ¥104 23 77 120 98 52 6 ¥10 ¥445 ¥179 on Indian reservations (sunset 12/31/06). 3. Extend and modify the work opportunity tax credit wpoifibwa 12/31/05 ¥125 ¥193 ¥87 ¥38 ¥23 ¥13 ¥2 ...... ¥466 ¥480 (sunset 12/31/06). 4. Welfare-to-work tax credit (sunset 12/31/06) ...... wpoifibwa 12/31/05 ¥12 ¥27 ¥24 ¥12 ¥6 ¥3 ¥1 (2) ...... ¥80 ¥85 5. Enhanced deduction for qualified computer contribu- cmd tyba 12/31/05 ¥66 ¥55 ...... ¥121 ¥121 tions (sunset 12/31/06). 6. Availability of Archer medical savings accounts (sun- DOE ...... Negligible Revenue Effect set 12/31/06). 7. 15-year straight-line cost recovery for qualified lease- ppisa 12/31/05 ...... ¥46 ¥138 ¥181 ¥177 ¥171 ¥155 ¥146 ¥155 ¥152 ¥150 ¥714 ¥1,472 hold improvements (sunset 12/31/06). 8. 15-year straight-line cost recovery for qualified res- ppisa 12/31/05 ...... ¥22 ¥56 ¥68 ¥68 ¥68 ¥67 ¥67 ¥65 ¥63 ¥57 ¥283 ¥601 taurant improvements (sunset 12/31/06). 9. Suspension of 100 percent-of-net-income limitation tyba 12/31/05 ...... ¥46 ¥25 ...... ¥70 ¥70 on percentage depletion for oil and gas from marginal wells (sunset 12/31/06). 10. Tax incentives for investment in the District of Co- tyba 12/31/05 ...... ¥58 ¥30 ¥2 ¥1 ¥4 ¥13 ¥46 ¥23 ¥21 ¥23 ¥95 ¥221 lumbia (sunset 12/31/06)3. 11. Possession tax credit with respect to American tyba 12/31/05 ...... ¥2 ¥8 ...... ¥10 ¥10 Samoa (sunset tyba 12/31/06). 12. Parity in the application of certain limits to mental DOE ...... ¥3 ¥45 ¥10 ...... ¥58 ¥58 health benefits (sunset 12/31/06)4. 13. Extend and modify the research credit (sunset 12/ apoia 12/31/05 & ¥3,330 ¥3,219 ¥1,480 ¥1,097 ¥740 ¥192 ...... ¥9,866 ¥10,057 31/06). tyea DOE. 14. Qualified zone academy bonds (sunset 12/31/06) ..... bia 12/31/05 ...... ¥3 ¥7 ¥14 ¥19 ¥20 ¥20 ¥20 ¥20 ¥20 ¥20 ¥62 ¥162 15. Above-the-line deduction for teacher classroom ex- epoi tyba 12/31/05 ¥60 ¥139 ...... ¥199 ¥199 penses capped at $250 annually (sunset 12/31/06). 16. Deduction for qualified tuition and related expenses pmi tyba 12/31/05 ¥420 ¥1,260 ...... ¥1,680 ¥1,680 (sunset 12/31/06). 17. Deduction of State and local general sales taxes tyba 12/31/05 ...... ¥525 ¥1,574 ...... ¥2,099 ¥2,099 (sunset 12/31/06).

Total of Extension and Modification of Certain ...... ¥5,465 ¥9,345 ¥1,981 ¥1,390 ¥955 ¥343 ¥184 ¥211 ¥250 ¥260 ¥19,135 ¥20,381 Provisions Through 2006. II. Extensions of Certain Provisions for Two Additional Years, and Other Modifications 1. Extend and expand to petroleum products the expens- epoia 12/31/05 ...... ¥219 ¥375 ¥130 47 54 56 49 44 38 32 ¥625 ¥406 ing of ‘‘Brownfields’’ environmental remediation costs (sunset 12/31/07). 2. Controlled foreign corporations: a. Exception under subpart F for active financing (5) ...... ¥775 ¥2,339 ¥1,682 ...... ¥4,796 ¥4,796 income (sunset 12/31/08). b. Look-through treatment of payments between re- (6) ...... ¥82 ¥237 ¥260 ¥167 ...... ¥746 ¥746 lated CFCs under foreign personal holding company income rules (sunset 12/31/08). 3. Tax capital gains and dividends with a 15%/0% rate structure: a. Capital gains (sunset 12/31/10) ...... tyba 12/31/08 ...... ¥1,549 ¥8,375 2,672 ¥54 ¥12,698 (2) (2) ...... ¥7,252 ¥20,004 b. Dividends (sunset 12/31/10) ...... tyba 12/31/08 ...... ¥860 ¥4,431 ¥8,008 ¥9,368 ¥6,326 ¥1,224 ¥450 ¥112 ¥13,299 ¥30,779 4. Credit for elective deferrals and IRA contributions tyba 12/31/06 ...... ¥481 ¥1,428 ¥903 ¥10 ¥11 ¥11 ¥11 ¥10 ¥10 ¥2,823 ¥2,875 (sunset 12/31/08). 5. Increase section 179 expensing from $25,000 to tyba 12/31/07 ...... ¥2,605 ¥4,459 ¥209 2,707 1,772 1,222 826 476 ¥7,274 ¥271 $100,000 and increase the phaseout threshold amount from $200,000 to $400,000; include software in section 179 property; and extend indexing of both the deduction limit and the phaseout threshold (sunset 12/31/09).

Total of Extensions of Certain Provisions for ...... ¥301 ¥1,868 ¥9,171 ¥19,970 ¥5,501 ¥6,670 ¥17,214 31 404 386 ¥36,815 ¥59,877 Two Additional Years, and Other Modifica- tions. III. Other Provisions: 1. Taxation of certain settlement funds (sunset 12/31/ aafca DOE ...... ¥3 ¥9 ¥10 ¥11 ¥12 ¥13 ¥14 ¥15 ¥15 ¥15 ¥45 ¥117 10). 2. Modify rules for distributions of controlled corpora- generally da DOE .... ¥1 ¥7 ¥8 ¥8 ¥9 ¥9 ¥5 ¥3 ¥1 ...... ¥33 ¥51 tions (sunset 12/31/10). 3. Expand the qualified veterans’ mortgage bond pro- bia 12/31/05 ...... (2) ¥1 ¥2 ¥4 ¥7 ¥8 ¥9 ¥9 ¥9 ¥9 ¥14 ¥58 gram (sunset 12/31/10). 4. Provide capital gains treatment for certain self-cre- soel tyba DOE ...... ¥1 ¥4 ¥5 ¥5 ¥4 ¥2 ¥4 ...... ¥19 ¥25 ated musical works (sunset 12/31/10). 5. Expand the eligibility for the tonnage tax election tyba 12/31/05 ...... ¥2 ¥3 ¥4 ¥4 ¥4 ¥3 ...... ¥17 ¥20 (minimum of 6,000 deadweight tons) (sunset taxable years ending before 1/1/11). 6. Modification of certain arbitrage rules for certain bia DOE ...... ¥1 ¥2 ¥1 (2) (2) ...... ¥4 ¥5 funds (include 20% State limitation) (sunset 8/31/09).

Total of Other Provisions ...... ¥7 ¥24 ¥30 ¥34 ¥37 ¥35 ¥32 ¥27 ¥25 ¥24 ¥132 ¥276

Net Total ...... ¥5,773 ¥11,237 ¥11,182 ¥21,394 ¥6,493 ¥7,048 ¥17,430 ¥207 129 102 ¥56,082 ¥80,534 1 The ‘‘Economic Growth and Tax Relief Reconciliation Act of 2001’’ provides that the child tax credit and adoption tax credit are allowed for purposes of the alternative minimum tax for 2002 through 2010. 2 Loss of less than $500,000. 3 The extension of tax-exempt financing is effective for bonds issued after the date of enactment. 4 This provision will have a negligible effect on penalty excise tax receipts. However it will have an indirect effect on income tax receipts through increases in employer-contributions for health insurance and corresponding decreases in cash wages. The table shows this indirect revenue effect, which was estimated by the Congressional Budget Office. 5 Effective for taxable years of foreign corporations beginning after December 31, 2006, and before January 1, 2009, and to taxable years of U.S. shareholders with or within which such taxable years of such foreign corporations end. 6 Effective for taxable years of foreign corporations beginning after December 31, 2005, and before January 1, 2009, and to taxable years of U.S. shareholders with or within which such taxable years of such foreign corporations end. Note: Details may not add to totals due to rounding. Date of enactment is assumed to be December 1, 2005. Legend for ‘‘Effective’’ column: aafca = accounts and fund created after; apoia = amounts paid or incurred after; bia = bonds issued after; cmd = contributions made during; da = distributions after; epoi = expenses paid or incurred in; epoia = expenses paid or incurred after; DOE = date of enactment; pmi = payments made in; ppisa = property placed in service after; soei = sales or exchanges in; tyba = taxable years beginning after; wpoifibwa = wages paid or incurred for individuals beginning work after.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 471 Mr. BAUCUS. Madam President, years, or plan for needing 60 votes to are now headed, we believe, for a $12 under the Budget Act, the Budget Com- waive the violation of the Budget Act. trillion debt by the end of this 5-year mittee is the authority on scoring mat- Those are the alternatives. period, a doubling of the debt in a 10- ters. Section 312(a) of the Budget Act I might note that in the waning days year-period. Foreign holdings of our provides in relevant part that ‘‘the lev- of the last session, the Senate dem- debt have doubled in 5 years. els of . . . revenues for a fiscal year onstrated that it is capable of employ- It took 42 Presidents 224 years to run shall be determined on the basis of es- ing the Byrd rule against reconcili- up $1 trillion of debt held abroad, U.S. timates made by the Committee on the ation conference reports. For example, debt held by foreigners. In the last 5 Budget . . . the Senate, as applicable.’’ Senator CONRAD raised a point of order years under this President, we have In practice, this means that the Pre- under the Byrd rule against several doubled that amount—in fact, more siding Officer will turn to the chair of provisions in the spending reconcili- than doubled that amount. That is an the Budget Committee for projections ation bill, and the Presiding Officer utterly unsustainable course. It is ab- of dollars and cents effects of the legis- sustained the points of order under the solutely incumbent on us to get hold of lation. In practice, the chair of the Byrd rule. That is why the House of our budget deficits and our trade defi- Budget Committee tends to rely on the Representatives, this very day, in 2 or cits that are requiring this unprece- Joint Committee on Taxation for rev- 3 hours, is voting on that spending rec- dented foreign borrowing. I will have enue estimates. onciliation bill again. more to say about this when I offer a I have let the chairman of the Budget So there are good reasons for the substitute and when I offer a pay-go Committee know that I was going to conference committee on this bill not provision. propound this inquiry. I believe the to include the capital gains and divi- I urge my colleagues to pay close at- chairman of the Budget Committee dend tax cuts the House bill includes. tention. Together we have to deal with concurs that the Joint Committee on One of those good reasons is the Senate this burgeoning deficit and debt. It is Taxation estimates that I have just rules. threatening our country. It threatens cited are authoritative. I yield the floor. our economic security. It threatens our The PRESIDING OFFICER. The Sen- I have a series of parliamentary in- national security. It certainly threat- ator from North Dakota. quiries. Is it not true that by virtue of ens our financial security. In my sub- Mr. CONRAD. Madam President, I stitute, I alert my colleagues, I will section 313(b)(1)(E) of the Budget Act, thank the Senator from Montana for section 313(b)(1)(E) of the act—part of take the very provisions the chairman reviewing for our colleagues the rules and ranking member proposed—they the Byrd rule—applies to conference re- that relate to points of order, points of ports? have done an excellent job of putting order that may lie because of Byrd rule together a package that makes sense The PRESIDING OFFICER. The Sen- violations with respect to this legisla- ator is correct. for the country. It has the right prior- tion. It is critically important we do ities. They have done an excellent job. Mr. BAUCUS. Madam President, if this within the rules. the conference committee on the legis- I have taken those provisions, and I I commend the ranking member and have added some more pay-fors so we lation before us today were to return a the chairman for putting together an conference report that included the cover the cost. excellent package. I have other busi- Again, clearly, some of these tax re- capital gains and dividends tax cut pro- ness now, unfortunately, that will take ductions need to be extended. Goodness visions in the underlying House bill be- me away from the Senate, but I intend knows we have a whole series of things fore us today, is it not true that a to come back and at some point offer a on which the American people rely. We point of order would lie under section substitute that will be paid for with ought to extend them. The chairman 313(b)(1)(E) of the Budget Act against the same package. The chairman and and the ranking member have done a both of those provisions? ranking member have done an excel- terrific job of putting this package to- The PRESIDING OFFICER. The Sen- lent job of presenting a package that is gether in a bipartisan way. I will offer ator is again correct. very much in the interest of the coun- a substitute that takes their package Mr. BAUCUS. Madam President, if a try. Also, I will offer a pay-go provi- and adds some pay-fors so the cost is Senator raised that point of order sion. I don’t think we can give up on covered. against the provisions just cited, and the notion that any new spending or With that, I indicate to my colleague the Presiding Officer sustained the any tax cuts need to be paid for. Our that we will try to work out with his point of order, is it not true that the deficits and debt are running amok. staff when it is most appropriate to re- offending provisions would be deemed I again alert my colleagues what con- turn. I have another obligation at 12:30. stricken from the conference report cerns me the most, even though the Mr. BAUCUS. Madam President, I and the Senate would then have before deficit gets all the attention in the very much thank my good friend from it an amendment between the Houses press, the far more serious threat is the North Dakota. More than any other consisting of the rest of the conference exponential growth of the debt. Last Senator, he is constantly reminding report not so stricken? year, the deficit was some roughly $320 Members that our budget deficit is get- The PRESIDING OFFICER. The Sen- billion, but the growth of the debt was ting out of control. It is a message I ator is correct. $550 billion. wish more Senators and the public Mr. BAUCUS. Madam President, is it For this year, when we put back would heed. I hear the problem con- not true that a motion to waive a point things that have been excluded, we see stantly. of order raised under that section of a deficit in the $360 billion range, but I was in India and China for 10 days the Budget Act or an appeal of the rul- the growth of the debt we now estimate earlier this month. We all travel over- ing of the Chair under that section is more than $630 billion, every penny seas, and we all talk to the leaders pri- would require the affirmative vote of 60 of which has to be repaid. vately and publicly worldwide. I heard Senators to succeed? The budget that we are still working this constantly. We Americans have to The PRESIDING OFFICER. The Sen- on from last year will increase the debt get our fiscal house in order. We have ator is correct. of this country—by the estimates of to do it right away. The earlier we Mr. BAUCUS. Thank you, Madam the authors of the budget—will in- begin the better. There is no doubt, all President. crease the debt more than $600 billion a mainstream economists agree, after a I believe this set of inquiries has es- year each and every year of the 5 years while it makes it very difficult for the tablished an important point. The cap- of its life. That is a $3 trillion increase United States to compete, and we have ital gains and dividend provisions in in the debt. The first 5 years of this ad- such a low savings rate, our national the House bill worsen the deficit in the ministration the debt has already in- savings rate and our personal savings outyears. The conference committee creased more than $3 trillion. rate. thus must remove those provisions Looking ahead to the next 5 years, I thank the Senator again. I want from the bill, pay for them in the out- there is another $3 trillion increase. We him to know how much I appreciate all

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 472 CONGRESSIONAL RECORD—SENATE February 1, 2006 he is doing to try to get some attention will adopt the Grassley-Baucus per- I voted against the tax cuts that were to this very important subject. fecting amendment by voice vote. part of the reconciliation effort. In my Mr. CONRAD. I appreciate the re- Thereafter, I encourage tax-related opinion, it is the only responsible marks of the Senator from Montana. amendments. course of action. Mr. BAUCUS. Madam President, our Just to review the situation now, this There are three reasons we should op- personal savings rates are negative. We is a good time to make statements on pose tax cuts at this time. It is simple. consume more than we save in America the bill. I also encourage Senators who First of all, we cannot afford those tax today. Our national savings rate is low have tax-related amendments to offer cuts; two, we do not need these tax today because our fiscal deficit is so those first. I would like the tax-related cuts; three, we should be working on high. Corporate and private debt is amendments brought before the Sen- tax reform rather than tax cuts. high. ate, debated, and dealt with. After- Let’s look at some of the looming We have a great country, no doubt wards, we can deal with the non-tax-re- problems or liabilities that our Federal about that, a wonderful country. I am lated amendments, amendments which Government will have to face in the saying as clearly as I can say it, we run will be nongermane and, if offered, near future. There is the often quoted a great risk as a country of squan- against which points of order will be but perhaps not recognized statistic dering what we now have as Americans made, we are in a 60-vote situation. that 77 million baby boomers, about if we do not, sooner rather than later, That is where we are today. It is whom the President talked last night— get our act together and get the defi- Wednesday noon. We have a total of 20 he is one of them; so is Bill Clinton— cits down. I am not being partisan. hours on the whole bill. I am hopeful will begin to retire in just a couple of It was not too many years ago we had we will not have to use that 20 hours, years, and they will be a tremendous projected surpluses. President Clinton but it is 20 hours. The clock is ticking. drain on our entitlement programs. It bit the bullet. It was tough, very I urge Senators to come to the Senate has been called a demographic tsunami tough. He sent a budget to the Con- now. that will never go away. gress which included spending cuts and Like the budget deficit, earlier is By 2030, the Congressional Budget Of- included some revenue increases only better than later. Senators can offer fice projects Social Security spending on the most wealthy. It was 50–50, 50 their amendments now, and they have as a share of the U.S. economy will rise percent revenue cuts and 50 percent a better chance of getting full debate. by 40 percent. The bottom line is the revenue raises on only the top 2 per- Later, they probably will get squeezed. predictions are that by 2030 almost the cent income earners in America, and it I yield the floor. entire budget will be used for Social got through the Congress, one vote in The PRESIDING OFFICER. The Sen- Security, Medicare, and Medicaid, and each body. ator from Ohio. we will not have anything left for any- Guess what. As a consequence, we Mr. VOINOVICH. Madam President, I thing else. projected surpluses, about $5 trillion in rise out of concern for our generation At the size of the Federal budget surplus over the following 10 years. I and also for the generations of our chil- today, according to the Congressional know that gave a great boost of con- dren and grandchildren and the legacy Budget Office, the prescription drug fidence to businesses, to investors, that we leave them. benefit will cost $155 billion a year by we would have a surplus in America, It has been said that the real test for 2016, and taken together with Medicare that we would be a strong country. It a moral society is the kind of world it and Medicaid will cost us $1.3 trillion did not adversely affect the overall leaves to its children. With that in or about one-third of Federal spending. economic factors we face today. mind, I speak about the reconciliation On top of this, we must consider the With that huge deficit, I remind ev- tax bill before the Senate. pension liabilities taxpayers may soon eryone, who is financing the deficit? First, I comment on the larger con- take on. The Pension Guaranty Cor- Foreigners. Foreign governments by text of what I and others see as a great poration has assumed 1.3 million pen- and large are financing this deficit. threat to our future way of life. Comp- sions, which adds up to about $23 bil- China’s reserves at the end of the year troller General David Walker has said lion more in obligations than its pre- will be $1 trillion, surpassing Japan’s that the greatest threat to our future miums can cover. That shortfall could foreign reserves. They are building up is our fiscal irresponsibility. grow to more than $100 billion in the their bank accounts to such a great de- He also says: near future, considering that about gree, loaning dollars to the United America suffers from a serious case of my- 1,100 companies are at high risk of de- States with treasuries and other in- opia or nearsightedness both in the public faulting on their plans. All that may be sector and the private sector. We need to struments. They are financing this. start focusing more on the future, we need to added to the Government’s bill to pay. We have to begin to get this budget recognize the reality that we are on an im- We are going to have to pick up the tab deficit down right away. There is no al- prudent and unsustainable fiscal path and we on that if this happens. ternative. The sooner we begin the bet- need to get started now. The war on terror has cost us over ter. I thank the Senator from North In November of last year, Alan $350 billion since it began. This just Dakota and others who are working Greenspan testified before the Joint happens to be the size of the tax cut we very hard to try to get the job done and Economic Committee and told Con- enacted in 2003. I took a lot of heat for get our budget deficits reduced. gress: holding the line on that $350 billion, The Senate is now considering, to re- We should not be cutting taxes by bor- but the costs of the war were not clear mind my colleagues, the House tax rec- rowing. We do not have the capability of at that time. Consider where we would onciliation bill, the bill before the Sen- having both productive tax cuts and large be today had we not limited the scope ate now. The Senate substitute is not expenditure increases, and presume that the of the tax cuts. Where would we be in yet pending. Thus, I encourage Sen- deficit doesn’t matter. terms of our budgets being in balance ators who wish to speak on the tax pro- I, for one, am taking this warning and our national debt? I voted for fund- visions—that is, the House bill before very seriously, and I have since I have ing for the war on terror because it is the Senate—to come to the floor and been a Member of the Senate. I strong- the Federal Government’s primary deliver their statements. At some point ly believe deficits do matter. I do not duty to provide national security. How- in midafternoon we expect the major- know how anyone can say with a ever, considering these large increases ity leader or the assistant majority straight face that when we voted to cut in spending, it certainly does not make leader to offer the Senate substitute spending in December to help achieve sense to give away large tax cuts. and the Grassley-Baucus perfecting deficit reductions, we can now turn The Congressional Budget Office amendment, essentially taking the around a short while later to provide projects that Defense spending will rise House bill before the Senate now and tax cuts that exceed or cancel out the from $420 billion in 2006 to $461 billion substituting the Senate-passed rec- reduction in spending. I voted to cut in 2011. This is excluding supplemental onciliation bill. We hope the Senate spending in the reconciliation bill, but appropriations. And, of course, we

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 473 must look at the Federal spending for balance budgets. You have to deal with tive medicine. It has worked. The econ- Hurricane Katrina. While not as expen- deficits. omy has grown. But like any other sive as originally thought, relief spend- In the words of Robert J. Samuelson medicine, an overdose of tax cuts can, ing will amount to about $101.5 bil- in a Newsweek article called ‘‘Cap- and in my opinion will, do more harm lion—the total cost of the supple- italism vs. Democracy’’: than the original disease. mental appropriations, targeted tax re- So it is that budget deficits persist; any In 2003, I said that $350 billion in tax lief, and other Katrina-related bills we combination of spending cuts and tax in- cuts would be enough to get the econ- have passed. creases arouses a coalition of the angry. And omy moving, and it worked. Now I am Now add to that we are already oper- so it is that—despite a gradual aging of the saying that any more would be an over- population that will require huge and, prob- ating in a deficit. In case anyone has ably, damaging tax increases—no one has se- dose. It is time to put the tax cut medi- forgotten, the deficit for fiscal year riously attempted to contain these costs. It cine back on the shelf, particularly in 2005 was $319 billion. In October of last is easier to pretend that there will be no ill light of the war in Iraq, our spending year, the gross Federal debt climbed effects. on homeland security, Hurricanes past $8 trillion. The debt has grown It is time to recognize a simple fact, Katrina and Rita, and all the other from $5.5 trillion, when I first came and that is this: Tax cuts do not pay mandatory spending I have mentioned into office, to a staggering $8.1 trillion. for themselves. We have heard all of earlier. The debt service alone threatens to this about: Did the tax cuts generate The second reason to put the tax cut gobble up revenues in the near future. more revenues than what we had ex- medicine back on the shelf is that According to CBO, in fiscal year 2005, pended? The red bars on this chart many important tax extensions do not interest on the public debt grew more show the revenue projected before we have to happen today. They do not. For rapidly than any other major spending cut taxes in 2003. In other words, these instance, the reduced rates on divi- category, rising 14 percent above the are the revenues we expected to get if dends and capital gains do not expire fiscal year 2004 level. we had not cut taxes. The blue bars until 2008. As a matter of fact, we could Let’s face it, we have been lucky. In- show the revenue projected after we wait until 2009 to deal with it in terms terest rates have been very low so our cut taxes. The green bars show the rev- of the 2008 tax year. That is 3 years interest costs to the debt have been enue actually collected. The green bar from now. If we wait to look at these relatively modest. But as we move up shows the most important thing. extensions, perhaps it would give us a the chain and interest rates start to The blue bar shows what we thought chance to find offsets to pay for them rise, they are going to take a much we were going to get, and we did get or even look further at something that larger share of our expenditures. more revenue than we expected in 2003. is long overdue, tax reform. I am going Without major spending cuts, tax in- We expected this, as shown by the blue to discuss that in a moment. creases, or both, the national debt will bar, in 2004, and we got the green. We When Alan Greenspan testified before grow by more than $3 trillion through expected what is shown with the blue the Joint Economic Committee at the 2010, to $11.2 trillion, according to the bar, as projected, and we were able to end of last year, a member of the com- General Accounting Office. In other get added revenue, as shown by the mittee asked if he supported extending words, it is going to grow more than $3 green bar. The revenue came up, but the current 15-percent tax rate for cap- trillion through 2010. According to the there is a big debate. ital gains and dividends. Former Chair- General Accounting Office, that will be Particularly, we were talking about man Greenspan replied he could only nearly $38,000 for every man, woman, that yesterday in a meeting, about support extending these tax cuts if and child. The interest alone would what caused the increase in revenues. they were paid for. According to Chair- cost $561 billion in 2010, the same as the Some were arguing it was because of man Greenspan, large budget deficits budget of the Pentagon. In other reducing the tax on dividends and low- will drive up interest rates over time, words, the interest costs in 2010 are ering the capital gains tax. I asked the raising the Government’s debt-service going to be the same cost as to entirely question: Did the lowering of interest costs, which I referred to 5 minutes fund our Defense budget. rates have anything to do with the fact ago; that is, interest costs go up, and However, we all know the real prob- that we had added revenues? We talk we end up paying a large portion of our lem is our long-term debt. By the Gen- about the stock market. Did the fact budget on interest costs. Chairman eral Accounting Office’s own estimates, interest rates were down impact on the Greenspan said: unless the situation is about 35 years from now, when my fact that the stock market has gone reversed, at some point these budget grandchildren have their own children up? trends will cause serious economic dis- to care for, balancing the budget could So there are a lot of things that come ruptions. require actions as large as cutting into play. I am sorry, but so many of The fact is if these taxes are so im- total Federal spending by 60 percent. my colleagues say these two tax reduc- portant, we should pay for them, which We had a tough time with our modest tions made the difference for America is why I supported the pay-go amend- reduction in terms of cutting expenses and fail to realize there were a lot of ment to the budget resolution in March 1 percent. We went through all kinds of other things that were happening in and supported it again in November. furor around here. our economy. The 2003 tax cuts, yes, We have pay-go that says if you want By passing these tax cuts into law, I were not as expensive as we feared, but to spend more, you have to find some believe we are increasing the deficit the fact is, they still did not pay for way to pay for it. We should do the and thus the Nation’s debt, which re- themselves in terms of what we pro- same thing with tax cuts. No, we de- sults in a future tax on our Nation’s jected the revenues to be if we did not cided not to do that. children. I believe it is immoral to be- have the tax cuts. I also supported the Deficit Reduc- queath trillions of dollars in debt to The Government Accountability Of- tion Act when it passed the Senate in our children and grandchildren. This fice and the Congressional Budget Of- December because I believe controlling will not be politically easy, and I un- fice have both stated we cannot simply the growth of entitlement spending is derstand that. But the simple, undeni- grow our way out of the problem. The essential to dealing with our fiscal able fact is we cannot have it all. We Congressional Budget Office said last challenges. The Deficit Reduction Act have to make hard choices. We have to year: has been presented as an important decide we cannot say to them: You pay [E]conomic growth alone is unlikely to step toward putting our fiscal house in for things we wanted and were not will- bring the nation’s long-term fiscal position order. ing to pay for. We should either pay for into balance. However, adjusting the balances on them or be doing without them. What I am saying is we have to make the pay-go scorecard to reflect the pas- I learned this lesson while I was some tough choices around here. I sage of the reconciliation bill would mayor of Cleveland for 10 years and as voted for tax cuts in 2001, 2002, and 2003 give credence to the criticism that we Governor of Ohio for 8. You have to because the country needed stimula- voted to restrain entitlement spending

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 474 CONGRESSIONAL RECORD—SENATE February 1, 2006 to allow for larger tax cuts, not to re- deficit spending and highlight the true with the least amount of disruption to duce the deficit. In other words, you size of the Federal debt by forcing the the economy. Our tax structure should guys cut your expenses so you could Government to increase borrowing be simple, fair, and honest. Our current pay for your tax reductions, and you from the public to cover general fund Tax Code achieves none of these objec- did nothing for the deficit. expenses. tives. Furthermore, even though the budget I have introduced this bill not as a Last year, the Tax Foundation, a resolution adopted last April allowed Social Security reform measure but as conservative think tank, estimated for legislation increasing the deficit by a budget reform measure. It is impor- that Americans spent more than 6 bil- $75.6 billion, the fiscal and political en- tant to have an honest accounting of lion hours doing their taxes and that vironment is very different now than it where we are and where we are headed complying with the current Federal in- was when the budget resolution was from a fiscal perspective. come tax code costs U.S. individual adopted. As I mentioned before, the If you look at a study by the Herit- businesses and nonprofits $265 billion, costs of responding to Hurricane age Foundation on Western European which is 22 cents for every dollar of in- Katrina have had a substantial impact economies, you get a glimpse of where come tax collected. This is equivalent on the budget deficit. Katrina hit the we are going. Many older European na- to the combined budgets of the Depart- United States on August 29, well after tions have been forced to impose large ments of Education, Homeland Secu- we passed the budget resolution. We tax increases on workers to fund ben- rity, Justice, Treasury, Labor, Trans- had no idea this was coming. This was efit systems mainly for retirees. Over- portation, Veterans Affairs, Health and the worst natural disaster we have had, all government spending in the 15 na- Human Services, and NASA. and we have to say: Well, we will take tions comprising the European Union Individuals and businesses lose care of it. We will find some way to averages 48 percent of GDP, and tax money they could otherwise save, in- fudge it and pay for it. But we know revenues average 41 percent of GDP, vest, spend on their kids’ education, or fudging it means our budget for 2006 is which has placed a significant drag on enjoy an extra evening out with the going to be more unbalanced and we their economies. Compared to the family. But the Federal Government are going to add to the national debt. United States, per capita income is 30 gains nothing from this atrocious tax The Office of Management and Budg- percent lower in these countries. Eco- system we have. It is the equivalent of et recently announced that the deficit nomic growth rates are 34 percent stacking money in a pile and lighting a will exceed $400 billion once again in lower than the United States, and un- match. It doesn’t do anything for any- fiscal year 2006, $60 billion higher than employment is substantially higher. As body. projected last summer. their populations continue to age, the We all recognize the need for a sim- Another important step toward fiscal economies of countries such as Ger- ple, fair, and honest Tax Code. This responsibility is to have honest ac- many and France risk collapsing under would be a win-win goal for everyone. counting for the Social Security sur- the weight of their unrealistically gen- We will soon be considering a bill that plus. We have borrowed over $1.9 tril- erous retirement and welfare systems. would cut taxes by about $60 billion. lion from Social Security to finance We can’t allow that to happen here. Simply cutting tax compliance costs in the rest of the Government. I want to I am pleased that President Bush, in half, from 20 percent to 10 percent, make this point clear. When I first the State of the Union Address last would have the impact of a much larg- came to the Senate, we were talking night, called for a bipartisan commis- er tax cut in the amount of $130 billion. about ‘‘unified budget’’ and ‘‘on budg- sion to examine the full impact of baby In other words, if we could get a fair, et.’’ All of a sudden, we are now back boom retirements on Social Security, simple, understandable Tax Code and to the unified budget. In those days, we Medicare, and Medicaid. He said the eliminate this enormous amount of were saying: We cannot spend the So- commission ‘‘should include Members money it costs all of us to pay our cial Security surplus. Now we do not of Congress of both parties and offer bi- taxes and reduce that by half, we could even talk about the Social Security partisan solutions. We need to put save the American people $130 billion. surplus. The real number is masked by aside partisan politics and work to- That is real money. This tax cut we are borrowing from the trust funds of other gether and get this problem solved.’’ I talking about is $60 billion. We are programs. When you add the off-budget couldn’t agree more. We have ignored talking about $130 billion out there surplus of $175 billion from the Social this issue. It is time that we sit down that we have in our pockets. It doesn’t Security trust fund and Postal Service in a bipartisan basis and face up to this impact the revenues to the Federal outlays, the real, or on-budget, number pending disaster and deal with it now Government one iota. However, it is $494 billion. The American people do before it is too late. would be a tax cut that doesn’t reduce not understand that. We report $319 bil- My third reason for opposing tax cuts our revenue. lion. The fact is, it cost us almost $500 at this time is that the President’s Ad- We all know that fundamental tax re- billion. The Government’s accounting visory Panel on Tax Reform released form is critical. I cannot understand for total trust fund surpluses is actu- its final report in November of last why some of my colleagues want to ally $226 billion. That would increase year. All of us have heard from families make so many provisions of the Tax the total deficit to $545 billion. and businesses in our States lamenting Code permanent or add new tax cuts In other words, we talk about the So- the complexity and frustration with when we very well may be eliminating cial Security surplus we spent. We do the current Tax Code. I don’t know precisely the same provisions as part of not tell the American people that we about the Presiding Officer, but I know fundamental tax reform. are also spending the other money that my wife and I spend hours getting our The problem we have is this, if you is in the trust funds. So if you add papers together, and we have to take want to be practical: When I got in- them all up, we are talking about a def- them to an accountant. I used to do my volved in this whole business in 2003 of icit of $545 billion, when you include tax return. I am a lawyer. I wouldn’t the $350 billion tax reduction to stimu- spending the money that is in Social touch my tax return today with a 10- late the economy, and we started talk- Security and the other trust funds. foot pole. ing with some of the high leadership in It is time to stop the raid on Govern- I am disappointed that the adminis- the House of Representatives, I was ment trust funds. That is why I have tration seems to have put tax reform saying to them: When I was Governor, introduced the Truth in Budgeting Act. on the back burner. Why extend tax re- what we did is we looked at tax reduc- I am happy Senator CONRAD is willing ductions, which we are talking about tions that stimulate the economy, and to work with me on this important now, piecemeal when we should be con- then we looked at other areas where we budget reform. The legislation would sidering fundamental tax reform in- could increase taxes that would have stop the Federal Government from stead? The goal of any government rev- less impact on the economy. We had to using surplus trust fund revenues to enue program should be to raise suffi- be concerned about balancing our budg- hide the true size of the Government’s cient funds to operate public programs et.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 475 What I heard from the leadership on this time and reaffirm a principle we ing whenever either Medicare or the the other side of the Capitol was: We have held dear over the years and that drug plan has failed to cover those can’t increase taxes because we all I have adhered to as mayor of Cleve- costs. took the pledge that we can’t increase land and governor of Ohio. That is to While it is impossible to know the taxes. balance budgets and reduce deficits exact number of senior citizens and I said: Even if you could increase and, yes, when the circumstances war- people with disabilities who are facing taxes that don’t have that much im- rant it, cut taxes, as I did the last 3 problems, we do know that at least pact on the economy so that you could years as governor of Ohio. 300,000 low-income seniors are paying decrease taxes that would help stimu- I yield the floor. far more in drug costs than they are late the economy? The PRESIDING OFFICER (Mr. supposed to be paying. We understand No way. THUNE). The Senator from New Mexico. that up to 100,000 seniors showed up at Where are we going? If that is the Mr. BINGAMAN. Mr. President, I am their local pharmacy and were not in deal, we will never get anything done informed that it is not appropriate at the new Medicare system at all. around here. this point to offer an amendment or to Further, we know that the Health It is my opinion that it is not time call up my amendment and offer it, but and Human Services Inspector Gen- for piecemeal tinkering. No homeowner I do wish to speak to one of the amend- eral’s Office confirmed last week that would remodel their kitchen and bath- ments, which is at the desk, that I millions of the dual-eligible individuals room a year before tearing down the have filed. It is an amendment that is who were automatically enrolled in the house to build a newer and better one. cosponsored by Senators ROCKEFELLER, new program were placed in drug plans We need to tear down the house. MURRAY, CANTWELL, CLINTON, KEN- that did not cover the drugs they used. If you look at that Tax Code, con- NEDY, KOHL, LIEBERMAN, SCHUMER, For some senior citizens and for the sider it to be a Christmas tree. If you MENENDEZ, KERRY, and LEAHY. disabled, it was a cruel lottery that has look at all the ornaments on that tree, This amendment relates to the pre- left them without the drugs they need. you would sit back and say: Who in the scription drug problem which all of us Fortunately, as Americans of good con- devil ever decorated this tree? They hear about when we return to our home science always do, both the phar- must have been under the influence of States. It is an immediate issue and an macists and States all across the Na- alcohol or drugs. That is what it is immediate concern for our constitution have stepped up to fill the gaps. today. We just keep adding things, one ents. I have an amendment that tries But their good deeds should not be pun- after another, another bell, another to address a substantial amount of that ished. We should make sure they are whistle, this and that. It is time for us concern. fully compensated for their effort, and to look at this. On January 1, 2006, just a month ago, this amendment will, in fact, do that. I wish to reiterate the three reasons senior citizens and people with disabil- I appreciate all that Secretary I think we should oppose these tax cuts ities were promised and fully expected Leavitt has committed to do to address at this time. to begin enjoying savings on their pre- the multifaceted problems that have No. 1, we cannot afford them because scription drugs through the Medicare been identified. I do believe things are of our soaring deficit and the national program. For many, the drug bill has getting somewhat better. However, we debt. Putting our spending on the cred- been a lifeline and is working. But for are a long way off from having these it cards of our kids is unconscionable, millions of Americans, the transition problems resolved, and promises of bet- particularly because they are going to to this new prescription drug benefit ter times ahead are not adequate. have to work harder and smarter to has been nothing short of a disaster. A pharmacist in Carlsbad, NM, re- compete in a global marketplace just The sad reality is that implementa- ported to my office yesterday the prob- to maintain our current standard of tion problems with the Medicare drug lems, in his words, that are still preva- living. Don’t think they are not wor- benefit are widespread. What is espe- lent. As he says: ried about that. And as a parent, don’t cially troubling is that the problems We call the processor; they say call Medi- think I am not worried about the kind are adversely affecting the most vul- care. We call Medicare; they say call the of environment in which my kids are nerable—low-income beneficiaries who drug plan. It is just a continuous circle of going to live. They are going to have to have lost comprehensive drug coverage finger pointing with no resolution. work very hard in this new competitive they previously had under Medicaid Therefore, I rise today, at the first world. We better wake up to it. It is and have found themselves without opportunity we have had in this Con- the most formidable competition we coverage for certain drugs they pre- gress, to offer this critically important have ever had in my lifetime; from viously had or have fallen completely amendment to fix some of these imme- China, India, you name it. What we are through the cracks and have no cov- diate problems with the Medicare pre- basically saying to our kids is: You are erage for any kind of drugs. scription drug bill. The language of the going to go into this competitive soci- It is unacceptable that this benefit is amendment comes largely from legisla- ety and have to work harder than you costing taxpayers hundreds of billions tion introduced by my good friend, have ever had to before. And by the of dollars over the next 10 years and Senator JAY ROCKEFELLER, in a bill way, down the road, you are going to yet has left many of our Nation’s most which is entitled the ‘‘REPAIR Act.’’ have to pay for things we weren’t will- vulnerable citizens actually worse off. Who are the people we are talking ing to do without or pay for. God bless Consequently, I will offer at the appro- about? you. priate time this critically important In a New York Times article entitled I can’t do that. I cannot do that. I amendment to address the crisis. ‘‘Medicare Woes Take High Toll on don’t think any of us can do that. The amendment simply ensures that Mentally Ill,’’ an article published on Second, we don’t need tax cuts at our Nation’s seniors and pharmacists January 21, a little over a week ago, re- this time. If this body believes we must and States, many of which have come porter Robert Pear profiles Mr. Ste- have them, then follow Alan Greenspan forward to fill the gap, are not left phen Starnes, who begged for medica- and David Walker’s advice and let’s holding the bag for mistakes and prob- tion he had been receiving for 10 years pay for them. lems caused by the Federal Govern- to combat paranoid schizophrenia. His Third, from a public policy point of ment’s failed implementation of the pharmacy could not get approval for view, these tax cuts are premature be- program. this medication from the new Medicare cause in the very near future we may This legislation ensures that senior drug plan. The result was that he was well change them as part of funda- citizens and people with disabilities are hospitalized, and he was treated by a mental tax reform and simplification. getting the prescription drugs and fee-for-service Medicare provider due I thank my colleagues for their at- services they need and that both States to failure of the private drug plan. tention and urge them to consider the and pharmacists are being com- So in effect, Medicare pays private ramifications of additional tax cuts at pensated for the costs they are absorb- drug plans for coverage and then it

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 476 CONGRESSIONAL RECORD—SENATE February 1, 2006 pays again for their failure to provide tween January 1, 2006.’’ They further The PRESIDING OFFICER. Without that coverage in a much more costly argued that they would be in a position objection, it is so ordered. way. to quickly rectify any problems that Mr. BINGAMAN. Mr. President, I ask Clearly, immediate action is needed. might arise. unanimous consent that all quorum This is one of dozens and dozens of I think we can all agree that it is un- calls be counted equally against both newspaper reports nationwide. I have a fortunate that both Congress and CMS sides. chart that makes the case fairly dra- failed to take advantage of clear oppor- The PRESIDING OFFICER. Without matically. We have taken some of tunities to slow the transition of the 6 objection, so ordered. these headlines from around the coun- million dual-eligible individuals from Mr. BINGAMAN. Mr. President, I try: ‘‘Medicare Woes Take High Toll’’ the Medicaid system to Medicare and suggest the absence of a quorum. is the one I mentioned before; ‘‘Pa- that CMS was clearly way off in its as- The PRESIDING OFFICER. The tience Only Remedy For Drug Plan sessment of how smoothly that transi- clerk will call roll. The assistant legislative clerk pro- Confusion’’; Pharmacists Deal with tion would occur. ceeded to call the roll. Medicare Confusion’’; Pitfalls No Sur- Unfortunately, we have missed both Mr. CARPER. Mr. President, I ask prise in Drug Benefit Launch’’; ‘‘Sen- of those opportunities that I men- unanimous consent that the order for iors Denied Prescription Drug Bene- tioned. But we have a third chance, and the quorum call be rescinded. fits.’’ There are is a wealth of these that chance is being presented by this The PRESIDING OFFICER. Without stories throughout country. The prob- amendment I am offering today to pro- objection, it is so ordered. lems are legion, and we all hear about vide immediate help to seniors and STATE OF THE UNION MESSAGE them on a daily basis when we are in people with disabilities who are being Mr. CARPER. Mr. President, I was our home States. adversely impacted by problems that joking earlier with the occupant of the Mr. President, I know that some will have arisen with the implementation of chair, and I said I would like to be rec- likely speak in opposition to this the drug benefit. ognized so I could tell you what I amendment and point out that the un- We had a meeting in the Finance thought of the President’s State of the derlying legislation on the floor is a Committee this last week. Chairman Union message last night. I appreciate tax reconciliation bill. They will raise GRASSLEY asked a question of Sec- the chance to offer some thoughts and the objection that the amendment is retary Leavitt, who was meeting with comments. nongermane. However, this crisis dic- us there, and CMS Administrator First of all, the Presiding Officer tates that we should not let Senate McClellan. Chairman GRASSLEY asked may recall that when he kicked off his procedural motions prevent our Na- whether legislation was needed to fix speech, he called for a return to civil- tion’s senior citizens from getting the some of these problems. Dr. McClellan ity. That is called for around here from prescription drug benefit they were simply responded ‘‘no.’’ The adminis- time to time. Sometimes it is called promised. I urge my colleagues not to tration continues to take the position for earnestly and other times it is take parliamentary steps to keep us that Congress is not needed as part of something that we just say. I hope that from considering and dealing with this the solution, that legislation is not it was offered in earnest and that all of issue. needed, and that these problems will us, Democrats and Republicans, will re- Others might say that the adminis- resolve themselves. spond in like kind. I always found that tration has promised to fix the prob- Two weeks ago, CMS announced that in my old job in Delaware as Governor, lems. Yet we know they have had the States that had stepped into the breech I got a lot more done when we were opportunity to fix the problems al- to provide vulnerable citizens with the civil to one another. Regarding the ready, but they have not done so. Here prescription drugs they needed would kinds of issues before us that the Presi- are some examples: not be reimbursed by CMS because dent talked about last night, if we are On November 3 of last year, a couple they didn’t have the legal authority to going to be successful, we need to do of months ago, our colleague, Senator help these States. Legislation was in- that. MURRAY, traveled around her State and troduced immediately in the House and One of things I have been calling for, foresaw many of the problems we are the Senate, and less than a week later for I guess about a year or 2 now, ever witnessing today. Consequently, at CMS reversed itself and said it would since the President laid out his Social that time in November, she offered an be working to ensure that States would Security reform initiatives, was the amendment that would have provided a be fully reimbursed. notion of, if we are making progress on 6-month transition during which dual Public opinion polls indicate that ap- something as politically explosive as eligibles—people both on Medicaid and proval ratings for the Congress have Social Security reform, it would be eligible for Medicare—could continue sunk to the lowest levels in a decade. helpful to go back in time maybe 23 to receive drug coverage through Med- Part of that is due to the repeated fail- years to when President Reagan was icaid. This would have given the ad- ure of Congress to act when action is President and Tip O’Neill was Speaker ministration more time to work clearly called for. Hundreds of thou- of the House. At the time, I was elected through the many problems that con- sands of our citizens are calling out for to the House of Representatives, where front these dual-eligible individuals. help to address the many bureaucratic the Presiding Officer also served. In Unfortunately, the administration op- snafus that we are witnessing in the 1982, when I got there, we learned that posed that amendment and it was re- implementation of this Medicare pre- Social Security was about to go bank- jected. scription drug program. rupt and that we needed to do some- The CMS had a second opportunity I urge my colleagues to support this thing not to ward off the problem in 10, when Medicare rights centers and a amendment, when it is offered later 15, 20, or 25 years but that next year, in number of other senior and disability today, to ensure that senior citizens 1983, because we were going to run out organizations filed suit to compel the and pharmacists and States get the of money to pay benefits to our sen- Secretary to continue Medicaid drug support they need to get through this iors. What President Reagan and Tip benefits ‘‘for any dual eligible who is immediate crisis. O’Neill did and maybe the Democratic not then enrolled in a Medicare pre- Mr. President, I yield the floor and leader of the Senate, who may have at scription drug plan or otherwise receiv- suggest the absence of a quorum. the time been our colleague, ROBERT ing Medicare drug coverage.’’ But The PRESIDING OFFICER. The BYRD—I am not sure—they created a again, the administration fought that clerk will call the roll. commission chaired by Alan Green- suit by arguing that the ‘‘remedy is un- The assistant legislative clerk pro- span. necessary and it runs counter to the ceeded to call roll. The members included people such as public interest because of the consider- Mr. BINGAMAN. Mr. President, I ask Senator Robert Dole, whose wife serves able obstacles and confusion it will unanimous consent that the order for with us now, and Senator Daniel Pat- generate in the few remaining days be- the quorum call be rescinded. rick Moynihan, now deceased. He was

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 477 chairman of the Finance Committee, I think by 2020, or something such as heels of Katrina in New Orleans. When either then or at a later time. It also that. The President echoed some of the most people were evacuated—and we included Claude Pepper, from Florida, same concerns last night in his speech. spent a fair amount of time this morn- chairman of the Aging Committee in I welcome those. People on our side ing talking in our hearing about the the House, and a number of other nota- welcome them as well. evacuation of people who were in nurs- ble people. So Alan Greenspan chaired It is important we not just say the ing homes and how it didn’t go well. A the Commission. They went to work in words but we go forward and make sure lot of times people who were in nursing 1982 and came up with a whole raft of we fund the technology initiatives and homes ended up in places outside Lou- ideas. The Commission endorsed them other initiatives that will help make isiana. Frankly, the people who rein total. renewable energy a reality, not just ceived them in other nursing homes We endorse all these ideas to raise biodiesel and ethanol, but that we do a and other hospitals did not have a clue revenues, to slow the outflow of spend- better job than we are doing now on what medicines these folks were taking from the Social Security trust solar energy, wind, and geothermal. ing, they didn’t know what their lab funds. Because they embraced the ideas The President also mentioned last tests were, they didn’t know the condi- in total, it gave the rest of us cause to night a new generation, not just en- tion they were in. They had no real believe that maybe there is some merit couraging more wind, solar, soy, diesel, record of their x-rays or their MRIs. to them. ethanol, and so forth, but he also called Basically, all these older people were Not only that, President Reagan said for a new generation of nuclear power- dumped in the laps of these nursing we are going to take the politics out of plants. I know people have concern homes and hospitals outside the gulf this. If you, the House and Senate, pass about the waste, and we should, but I coast. It was a mess. this package, I will sign it. Ronald also think we ought to be smart Compare and contrast that with the Reagan, a Republican President, gave enough to figure out in the next 10 to folks who are veterans and are being political coverage to the Democrats in 20 years what to do with the waste, cared for by the VA in VA nursing the House and Senate. Tip O’Neill and how to recycle and better control it homes and hospitals in the same area. the majority leader of the Senate gave and reduce the threat that someone When they were transferred to their political coverage to the Republicans. I will get hold of it and turn it into nu- new sites and other States surrounding describe it as drinking the Kool-Aid to- clear weapons. We are too smart a peo- the gulf coast, going with them, figu- gether, holding hands and jumping off ple not to solve that problem. ratively and literally, were their elec- the bridge together. The President mentioned in his tronic health records. When they ended We passed a major overhaul of Social speech—I was kind of concerned by up in a new hospital or nursing home, Security, and the President signed it this—I think he said let’s replace 75 the receiving entity knew they had the into law. It put Social Security on firm percent of our oil dependence on the medical history of this veteran. They footing, not just in 1983 but for a cou- Middle East by 2025. I don’t think all knew what medicines they were tak- ple of decades to come. We know, look- our oil comes from the Middle East. I ing. They knew what their lab tests ing down the road in 20, 30 years, we think 60 percent is imported today, not were, MRIs, x-rays. They had a running will have a serious problem with Social all from the Middle East. A lot comes history of the health care provided to Security. The sooner we get started on from other places around the world. To these veterans. The veterans had an it, the better off we all will be. say we are going to reduce our oil from electronic health care record. It reminds me a little bit of com- the Middle East is not good enough and We have a similar system put in pounded interest. Save a little, and as I don’t think good enough to do it by place for Active-Duty folks in the De- time goes by, it adds up to a lot of sav- 2025. It is my hope that we can move up partment of Defense. When I was in the ings. To the extent we can get started that timetable sooner and maybe eradi- Navy, we carried around manila folders on Social Security sooner rather than cate not only our dependence on oil that literally had our health care later, it will help us more quickly than from the Middle East but from other records. We would take them from sta- we might imagine. places outside our borders as well. tion to station, base to base, as we As worrisome as the Social Security The President talked about afford- were transferred. We don’t do that any- trust funds may be, the Medicare trust able health care. The cost of health more. Frankly, we do something simi- fund is an even greater, more urgent care is killing our competitiveness as a lar to that in civilian life. We ought problem that needs to be addressed. I nation. One of the reasons—not the not do it. was very pleased to hear the President only reason—but one of the reasons My little State of Delaware is trying say last night not only a blue-ribbon why GM and Ford are struggling, los- to provide something similar to that. commission with an eye toward the ing money, laying people off, and clos- It is called the Delaware Health Infor- boomers and their effect on retirement ing plants is the huge legacy costs they mation Network. That would allow ev- but also Medicare and Medicaid. As you carry with their pensions and health erybody in our State to have an elec- know, more than half the money we care costs for their employees today tronic health record. If you go into a spend in Medicaid ends up with senior and for people who are retired. hospital or doctor’s office, they can fig- citizens in long-term care facilities. So GM alone provides health insurance ure out a little bit about your health I think that was a very good thing. for about a million people—folks work- history and how they can provide bet- Going back to the President’s call for ing in the plants and their families, ter care for you. civility, a bipartisan approach, unless people who used to work in the plants We obviously need to do that for our we have it, this kind of deal may see and are retired. It is about a million country. The Congress and the Presi- the light of day, but we will never people. Some folks describe GM and dent can do something to help that. It make any progress on it. And, frankly, some of these auto companies as basi- is not just money either. It is having we need to make progress on it for the cally a health care provider that hap- standards so we are basically singing sake of our parents and for the sake of pens to build cars and trucks on the off the same sheet of music. People our children and grandchildren, some side. I know they say that with tongue who go to a hospital in South Dakota, of whom are the ages of the pages sit- in cheek, but it is not far off the mark. North Dakota, or Delaware can have ting in front of me today. A couple things the President men- standards that are interoperable, sys- The President also lamented the fact tioned I think made a lot of sense. One tems that are interoperable and using that we have this terrible addiction to was electronic records. For a lot of peo- the same standards so we can get good imported oil and that we have to do ple, it doesn’t mean much. I will use an care, better care because the folks re- something about it. That was great. In example. ceiving us know something about our fact, when JOHN KERRY was running for We had hearings this morning on medical history. President, one of the centerpieces of Katrina, a followup to what went The President talked about health his campaign was energy independence wrong and what didn’t go wrong on the savings accounts. They are about a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 478 CONGRESSIONAL RECORD—SENATE February 1, 2006 year or so old. He talked about ideas to posal to us in about a week or so. It leaders there, and the Chairman of the make them better. I know not every- will be interesting to see how the ad- Joint Chiefs of Staff is that the Iraqis body is crazy about health savings ac- ministration funds these initiatives. are able to militarily stand up in ways counts. I know it is not a silver bullet, When we go through the budget proc- this year that they could not a year but it is part of the solution to provide ess, at the end of the day—we will ago: Battalions can lead the fight, and health care help for those who don’t adopt our appropriations bills later there are some that can actually go have health care insurance, which is this year—it will be interesting to see out and fend for themselves; how the about 45 million people. It is an option how hard the administration pushes for Iraqis control the border with Syria, that we can try to improve. these kinds of provisions outlined in control roughly one-third of Baghdad; I want to mention one last point. the proposal from last night and from have taken over a bunch of the bases Here on the Senate floor not too long the National Academy of Sciences. It where the United States used to be. ago, I was with our colleague, LAMAR will be interesting to see what the ad- They are standing up, and as they ALEXANDER from Tennessee. He is a ministration proposes next year and stand up, at least in the words of our very thoughtful guy. Senator ALEX- the year after that and the year after own military leaders, maybe it is time ANDER shared with me an idea that that and how hard they push for fund- for us to head toward the door. The grew out of the National Academy of ing. President said last night—this is al- Sciences. It is an idea of looking ahead I will be watching, and to the extent most a quote—those decisions as to and figuring out how we are going to the administration wants to support troop level will be made by our mili- provide job opportunities for children these proposals, I suspect they will tary commanders and not by politi- who are the same age as my children— have my support and probably the sup- cians in Washington, DC. I heard that 15, 17, the age of these pages. I guess port of other Democrats and Repub- last night. they are about 15, 16, 17 years old as licans. It would be nice not just to hear Most people applauded, but I well. words from the President but deeds as thought, what our military com- The folks at the National Academy of well. manders in Iraq are telling me is that Sciences came up with this idea. Sen- I say to the Presiding Officer, I don’t it is time for us to begin moving to- ator ALEXANDER was good enough to know how he felt about the President’s ward the door—not to leave, not to give this to me, Mr. President. I don’t speech last night. I didn’t catch his close the door, but to begin moving to- know if you have seen this. It is titled interviews. I know he did them. I did ward the door. ‘‘Rising above the Gathering Storm.’’ them back in Delaware, and they don’t I was a little disappointed last night. I think the President may have missed It is the executive summary, a quick cover much in South Dakota either or an opportunity to signal that we are in read. I commend it to everybody. When in Washington, for that matter. I heard a position to begin reducing, to some I heard the President talking about his encouraging things in what the Presi- idea last night of making sure our extent, our troop presence there. dent said. I wanted to mention those. In a way, a perverse kind of way, young people coming out of our high I will close. I know the Senator from what that is likely to do is, as the schools are better steeped in math and North Dakota is waiting for me to get Iraqis move up and stand up and the science and making sure the people out of his way so he can take the floor teaching in our schools can actually other Arab nations come to support as well. I will close with this. Just this new government in Iraq, in a per- teach math and science—I think the about every Member of the Senate has President said double the investments verse kind of way our beginning to re- been over to Iraq in the last year or so. in technology that lead to innovation. duce our presence undercuts the latent I was in Iraq in December. I met with I said that sounds vaguely familiar to support the insurgency enjoys. our military leaders, I met with our ci- me. I could not understand why there is As it turns out, it is basically in the vilian leaders, and I met with Iraqi this latent support for the insurgency recommendations shared with me by military leaders and Iraqi civilian lead- over in Iraq, but one of the reasons is ers. I was encouraged on several fronts. Senator ALEXANDER that came out of when the Iraqi people hear—or at least It was just before they had their elec- the work done by the National Acad- a lot of them hear—our President say emy of Sciences. It is good stuff. tions. It was encouraging we had so or us say we are there until we have As we look forward, trying to figure many people wanting to run for the complete victory, we are there for as out how we are going to be competitive parliamentary seats—275 seats and long as it takes, what they hear is: The with the rest of the world in this cen- 7,000 candidates. That is a pretty amaz- Americans are here for our oil, and tury, I am not sure we have all the an- ing outcome in terms of participation, they are not going to leave until they swers. Part of it is, frankly, making trying to put a coalition government get it all or at least control it all. health care more affordable for our together, stand it up, rewrite their con- Hence this latent support for the insur- people and employers. That is part of stitution, build the economy. That is a gency. it. Part of it also is making sure our whole lot to do at once in the middle of I hope we will look for opportuni- kids, our students, our young people an insurgency. ties—not to pull out lock, stock, and who walk out of our high schools and One of the more encouraging com- barrel by the end of the year; that colleges and go off into the world can ments I had was from GEN George doesn’t make any sense—we are going read, write, think, they can do math, Casey. We were talking about whether to be there for some time—but to find they know science, and are familiar the Iraqis are able to stand up, take on a way for us to be, in the words of one with technology. There are a lot of more of the fight, cover the respon- Iraqi I heard over there, less visible good ideas in this publication, and I sibilities geographically and otherwise. and less numerous. To the extent we think the President has embraced this We got an encouraging report, not one are able do that and they stand up and proposal and we, as Democrats and Re- that said we are going to be able to assume the new responsibilities, maybe publicans, might want to do the same. leave in 6 months, 12 months, or even we will be able to enable them to do a P.S., sometimes we say things in 24 months. But in General Casey’s bit more with a bit fewer of us, which speeches that sound good and a lot of words, what he said with reference to would please the American people; I be- people stand up and applaud and say: our presence in Iraq is it is time for us, lieve it would please the Iraqi people; That is right, that is good, I like that. the United States, to start moving to- it would help reduce, a little bit, our But the followthrough is not always ward the door. budget deficit and maybe actually pro- there. It is important, if we are going Our President has said consistently mote the day when Iraqis are running to go down this road—and we probably that when the Iraqis are ready to stand the show on their own and making should—that the followthrough be up militarily, we, the United States, them proud and us proud of them. there. will be ready to stand down. He has I have gone on long enough. Thank What do I mean by that? The Presi- been pretty consistent in saying that. you for the opportunity today to share dent is going to submit a budget pro- What I heard from our own military some reflections from last night.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 479 With that having been said, I yield workers. This follows on the heels of here on the floor of the Senate. They the floor. I see my friend from North General Motors. General Motors an- do it because they believe in this sort Dakota is ready to take the floor and nounced it was going to cut 30,000 of thing, but they don’t want to brag say a few words. workers. about it. But I hope those who talked The PRESIDING OFFICER. The Sen- By the way, the top guy in General on this issue, when this American Jobs ator from North Dakota. Motors who is in charge of acquiring Creation Act was passed, would come Mr. DORGAN. I thank my colleague parts called all the suppliers of General to the Chamber and recite for us what from Delaware. Motors together, some 300 of them, the they said then and what we know now. Mr. President, the issue that is going CEOs of the parts companies, and said They said if we give these biggest to be debated now and voted on later to them this last year: You need to companies huge tax breaks, it will cre- today and perhaps tomorrow is the rev- start outsourcing your parts produc- ate jobs in this country. Now what we enue piece of the reconciliation bill. I tion to China to bring your costs down. know is—and Ford is the best example know that sounds a little like a foreign The parts for General Motors, Ford— of it—they announced: We got a quar- language to some people, but we have a shut down the jobs, move jobs to ter of a billion—thank you, Congress— process here called reconciliation. One China. Is our country moving ahead or and we are going to cut 30,000 workers. part of that is spending, and the other backward when we see these things? It is right on down the line. I could part is revenue. This is the revenue The reason I mention this Ford an- spend some time talking about these side. nouncement is Ford announced that at companies. I will not do that, only to For all of us, the question is, As we the same time it was cutting 30,000 say those who believed this was a jobs legislate here, are we gaining ground or jobs, from the Washington Post, Ford creation act now should be disabused of losing ground? Are we moving our said: that notion. country ahead, or are we falling be- Repatriation of foreign earnings pursuant We talk about our Tax Code and sug- hind? to the American Jobs Creation Act of 2004 re- gest what is the best way to use our I listened attentively last night to sulted in a permanent tax savings of about money. They decide the best way to the President’s State of the Union Ad- $250 million. use our money would be to go to some dress. He described some of these Let me describe that in English. of the largest corporations in America issues, although he did not describe do- What Ford said is they picked up a that are doing business overseas and mestic policy in much detail. The first quarter of a billion dollars in tax say to them: If you bring that money half hour or so was about foreign pol- breaks under the act Congress passed back, you can pay the lowest income icy. There is no question that Iraq is that they called the American Jobs tax rate in America—yes, it is lower very important. The war on terrorism Creation Act. They announced that than your neighbor, lower than the and national security are issues that same day, we are cutting 30,000 people. person down the street, lower than the are very important to our country. But How is it that Congress passes some- person up the block, lower than the I also believe it is important as well to thing called the American Jobs Cre- person out on the farm. You get to pay begin taking care of things here at ation Act and the company that an- the lowest tax rate in America. That is home, and we have a lot to take care nounces it gets a quarter of billion dol- almost unbelievable. It is stranger of. lars of benefit under that act at the than fiction. But that is exactly what I have told my colleagues before same time tells us it got that benefit the majority in this Congress did. One about a wonderful man in North Da- that it cuts 30,000 jobs? How does that would think it should be profoundly kota called the Flying Farmer from work? Does that make sense to any- embarrassing when we see the results. McCody. McCody is a town of about 80 body? Do people who pass this kind of Let me also say that this is not just people. The Flying Farmer from legislation and call it the Jobs Cre- about providing big tax cuts to compa- McCody goes out to county fairs and ation Act, do they seem embarrassed nies. It is a situation where, with these State fairs and he takes an old car he when they see this? kinds of tax policies, when we say, Put fixed up—he works in a machine shop— It is not just Ford Motor. I should up a slice of bread here and let us then he puts up a ramp and jumps not pick on Ford Motor. But Hewlett- slather some butter all over it, what other cars; a daredevil kind of thing. Packard brought $14.5 billion back we are saying to these companies is, The Flying Farmer from McCody. He from abroad and cut 14,500 workers. We want to encourage you to actually jumps cars at county fairs. Colgate Palmolive, Motorola—I could take jobs and move them overseas. We But he is also in the Guinness Book go on. want to tell you that, if you will fire of Records. John Smith, the Flying What was this little scheme called your American workers, padlock the Farmer from McCody, is in the the 2004 American Jobs Creation Act? front gate on your American manufac- Guinness Book of Records. He is in Here is what it was. It said for those turing plant, and move it all to China there because he drove a car in reverse companies which have parked income or India or Sri Lanka or Bangladesh or 500 miles, averaging 36 miles an hour. I overseas and have not repatriated their Vietnam, we will give you a tax cut. I don’t know who would want to drive a income yet back to this country— know people must listen to that and car in reverse 500 miles or who would which when they do, they will owe on say: That cannot be true. That would want to set a record for a reverse speed it with a credit for foreign taxes paid— be absolutely nuts; you cannot possibly of 36 miles an hour for 500 miles, but he we will give you a special deal under be accurate. But I am. I am. We actu- owns the record. this Jobs Creation Act. If you bring ally offer a tax cut for companies that That is probably a perfect metaphor your money back to this country, you get rid of their American workers, for the U.S. Congress—setting records can pay a 5.25 tax rate. That is one half outsource their production, and then for going backward. The question for the tax rate of the lowest income ship the production back into this us is, Can we move forward? Can we American who pays income taxes. So country for sale on our store shelves in take this country forward, move ahead, we said to the biggest companies in the Toledo and Pittsburgh and Los Angeles and advance this country’s interests? world: If you bring your income back, and Fargo. Produce it in China, sell it As we talk now about the revenue we will give you a deal—5.25 percent. back here, and we will give you a tax side of reconciliation, we are talking That is the income tax rate you pay. break. about taxes. So let me talk a bit about We now know they repatriated some- I want to draw a circle around all the tax system and where we are. where around $350 billion. By my cal- this because it all relates. I want to In recent days, we have had an an- culation, this Congress—not with my show a picture of a building. I want to nouncement by Ford Motor Company vote by the way awarded those compa- show you what is happening because that they are deciding to cut 30,000 nies $104 billion in tax breaks. this relates to taxes and jobs. more jobs. They cut 10,000 last year. I don’t know of anybody who actu- This building is a little five-story They are going to cut 30,000 more ally stands up and boasts about that building in the Cayman Islands. It is a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 480 CONGRESSIONAL RECORD—SENATE February 1, 2006 white building. It is called the Ugland antee most American kids have sat in the last time. They put the decal of the House. According to Bloomberg News, a little red wagon called Radio Flyer. globe on it. this building on Church Street in the Radio Flyer wagons were originally So if you want to buy a Huffy bicycle Cayman Islands is the official address created by a guy in Chicago, an immi- at Wal-Mart, Kmart, or Sears, under- of 12,748 companies. Let me say that grant. The ‘‘Radio’’? That was after stand they used to be made by people again because someone would say that Marconi. He was so enthused about in this country making $11 an hour. No is kind of crowded. That would be Marconi. And the ‘‘Flyer’’? That is be- longer. It is all in China. And inciden- crowded if they were all there. They cause he loved flying. So he built a lit- tally, this company also decided it can- are not there, of course. This is just tle red wagon called Radio Flyer, and I not pay the retirement benefits that their address. 12,748 companies claim bet every kid in this country at one were owed to the workers, so now the this little white building as their offi- time has seen it, and most of them American taxpayer is going to pay cial address in the Cayman Islands on have ridden in one. that. quiet Church Street. Why would that After 100 years in this country, the The company declared bankruptcy. be the case? I will tell you why. Be- Radio Flyer is gone. This is gone. They Now they have announced it is going to cause companies these days want to do don’t make Radio Flyers in America be a Chinese company, a Chinese brand the following: They want to produce in anymore; they make them in parts of and style of Huffy. It is still a Huffy, of China by paying people 30 cents an the world where you can pay 30 cents course. hour, working them 12 to 14 hours a and 40 cents an hour for labor. So the One last thing: Lest some think this day, 7 days a week; they want to ship company that makes Radio Flyers still doesn’t matter, the people at Huffy, I was told by someone who on the last the products to the store shelves of the aspired to sell them in the United day of work, when they left their park- United States of America to sell to States, it is just that they don’t make ing space, those workers who lost their American consumers because that is them here anymore. jobs making Huffy bicycles, on the last where the money is; and they want to I could go through a list of dozens day in their jobs, those workers left a run their income through the Ugland and dozens of companies that represent pair of shoes in the space where their House in the Cayman Islands so they exactly the same story. cars used to park. It was their way of can avoid paying U.S. taxes on their We have all seen these ads over many sending a message to the company that profits. It is perfect symmetry, isn’t it? years, the guys who are dressed as you can move our jobs to China but Of course, it doesn’t involve saying grapes—you know, green grapes, red you are not going to fill our shoes. It is the Pledge of Allegiance. You can’t grapes. They dance and they sing. What a playful bunch of people. Who on what those jobs meant to those people. really say the Pledge of Allegiance and It is going on all over this country. do this: say, I want all America has to Earth thought you could do a little tel- When you hear that Ford is going to offer, all the protection of our country, evision commercial with a bunch of lay off 30,000 workers, you don’t think the ability to be chartered in America people singing dressed like grapes? much; you think 30,000 jobs is not as an American corporation, the abil- Fruit of the Loom underwear. much; it is too big to understand. But ity to be protected by American mili- Now Fruit of the Loom underwear is the fact is think this country is losing tary might, the ability to be protected gone. It is all gone. They are in other jobs all over, and they are being re- by American laws and courts, but I parts of the world where you can placed by jobs that pay less with fewer also want this for my company: I want produce shorts and t-shirts and under- benefits. to be able to produce in China, sell in wear for much less cost. The people American workers are now discov- Cincinnati, and run my money through who used to work for Fruit of the ering downward pressure on wages be- the Cayman Islands. I am telling you, Loom used to have good jobs, the same cause this strategy doesn’t pull Amer- you don’t say the Pledge of Allegiance as the people who worked for Radio ican workers up. It pushes Americans when you do that. You weaken this Flyer. They worked there for a life- workers down as it exploits foreign country. You pull the rug out from time, loved their jobs, but then they workers. American workers. And you also weak- were told: You cannot compete with 30 We are in a situation where we have en those who are not leaving this coun- cents an hour. So long. See you later. the largest trade deficit in history— try and who are deciding to continue to Yet the grapes still sing, and the work- $740 billion last year, we believe. That manufacture here. ers weep for their jobs. is $2 billion a day, 7 days a week above There are some wonderful companies I only point out Huffy bicycles be- that which we export from other coun- that do stay here and do manufacture cause Huffy bicycles just announced it tries. We are selling America. Every here. I have told stories of a number of was becoming Chinese in nationality, single day, we sell $2 billion worth of them. I will not do that today. This is which was, in fact, just a formality be- this country to foreigners with this in- not a broad-brush of all companies, but cause they don’t make Huffy bicycles sidious trade strategy. it is increasingly the activities we see here anymore; they have been making The people who listen to me talk in some very large companies that no them in China. All the people in Ohio about this will say this is another pro- longer think of themselves in any lost their jobs making Huffy bicycles. tectionist, xenophobic, isolationist terms of economic nationalism. They They lost their jobs because they were stooge who doesn’t get it. What I get is are world enterprises, citizens of the told they make $11 an hour plus bene- the need to stand up for the economic world who want to produce where it is fits, and that is way too much money, interests of this country. cheap, sell into an established market- and we are going to make Huffy bicy- I support trade, the more the better. place in the United States, and run cles at 33 cents an hour in China, for But it must be fair trade. If it is not their income through a tax haven people who work 7 days a week, 12 to 14 fair trade, and if this country doesn’t country. It does not work, in my judg- hours a day. have the guts to require other coun- ment, in the long term. What do we do The last job, by the way, for the folks tries to pull their standards up, then about all that? in Ohio was to put this decal on. This all we are inevitably going to do is con- In addition to talking about the is a decal of the globe. This used to be tinue do push standards down in our Ugland House, I wish to make sure peo- a decal of the American flag, when country. That is not what we should ple understand, from other speeches I Huffy bicycles were made by Ameri- aspire to in the long term in this coun- have given, that these companies cans here in America. They changed try. which are leaving America are real that because all the Huffy bicycles It is my intention to offer an amend- companies. workers were fired. Huffy bicycles are ment that will once again deal with This company, by the way, was a made in China, and now the flag decal this perverse tax break that pays peo- company in this country for over a cen- was the last job those workers per- ple to actually shut American plants tury. For over 100 years, this company formed before losing their jobs and down and move their jobs overseas. I made little red wagons, and I guar- having to drive out of that plant for hope to do that on this bill.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 481 Let me also say I have offered that gains should have a much lower tax tives. I feel passionately and strongly amendment four times. Members of the rate than tax on work. about my perspective about trade. Our House and Senate decided they wanted Ask the question: Where do you stand trade is way off balance. It is going to to continue a tax break for those com- on taxation? Some of them say, Well, injure this country. We are going to be- panies that ship their American jobs you know what I think we ought to do. come a nation of sharecroppers. Warren overseas. We ought to tax work and exempt in- Buffet makes that point. He is abso- I hope that one of these days there is vestment. lutely dead right. Our fiscal policy is a big, old klieg light that shines on all Say you have two people living side way off track. of these votes so people have to answer by side. One is a multimillionaire who People say the budget deficit is only to those votes. At the very least, we makes all of his or her money on divi- $340 billion next year. Nonsense. We ought to have some sort of neutrality. dends and capital gains. The other one will borrow $650 billion in additional We ought not be giving tax breaks or lives next door and wears steel-toed debt. That is what our obligation is to benefits to those companies that decide boots and goes to work every day. He our kids. to ship their jobs outside of this coun- works hard, sweats, comes home and Trade is out of balance and our fiscal try. feels he has earned a good day’s in- policy is way off track. I am not sug- If I may make one final point, I come. We have people in this Chamber gesting there has to be a Republican or talked a bit about these tax issues and who believe the way that ought to be Democratic way to fix it. I am just sug- running income through the Cayman taxed is the person who works should gesting that we ought to look truth Islands. We ought to shut that down. be taxed, the person who earns it only right in the eye, the President and the By the way, I have introduced a bill in capital gains and dividends should Congress, and say we have trouble here that says if your purpose for setting up have no tax. I know. It is 15 percent. and we need to fix it. Let us find a way operations in a tax-haven country is But there are a lot of people in here to come together to fix it, get together for the purpose of avoiding taxes, we who would like it to be zero. with what everybody has to offer, that are going to treat you for tax purposes We have a circumstance where we works for each, but find a way to move as if you never left this country. You say let us tax work, and let us give a this country forward. have a responsibility to pay taxes in benefit to investment. I don’t know, I am pleased we are having this dis- this country. We can shut all of that what value system is that? Is invest- cussion today about our fiscal policy, down very quickly, if we have the guts ment worthy? Of course it is, abso- and I wanted to come over at least to do it. lutely. There is no question that people briefly today and weigh in on some If you can’t take the first baby step who are investors are good people. thoughts that I think are very impor- in the right direction to shut down tax They help run this economic engine. I tant on trade and fiscal policy, about breaks for people who are getting rid of understand that. What value system is the economic direction of this country, American jobs and shipping their jobs it that says work ought to be taxed about the direction we are headed, overseas, how can you do something higher than investment? Work reflects about things we can do—we, the Presi- more complex? the labor of the American people. I will dent and Congress—all of us together We will have another vote on that. It not go through the list, but it was, I can do to fix them so we have a bright- will be the fifth vote on that. If some think, in 1943 when Stalin turned to er future and a future of expansion, of have not seen the light, they can per- Roosevelt when he was meeting with opportunity not just for some but for haps feel the heat and change at some Roosevelt and Churchill, and he point- all Americans. point. ed out that we wouldn’t have a chance I yield the floor. I have described all of this not in to win this war without American The PRESIDING OFFICER. The Sen- terms of Democrats or Republicans. All manufacturing. He was talking about ator from Arizona. of us, I think, want this country to do the productivity of the American work- Mr. KYL. Mr. President, I wish to re- well. I want the President to do well. I er. ‘‘The Glory and The Dream’’ by spond directly to my friend from North want this country to do well. I want Manchester describes what this coun- Dakota on a couple of points which he there to be less partisanship. I want try did, what American manufacturing made in the context of the discussion there to be more cooperation. But I did to turn out massive products in the of the legislation before us. also want us to take a look at public form of liberty ships, airplanes, tanks, I wish to begin by quoting what the policy that is wrongheaded and change and trucks; unbelievable. The Amer- President said last night in his State of it. ican worker is an unbelievable force in the Union Speech, and then I think we If we say we have a jobs creation act this country. will see how it fits into comments just out there and we give $100 billion in tax When we come to the side of tax- made. breaks and we see fewer jobs as a result ation, tell me the value system that Last night, the President reported in of it, something is wrong with that. We says, by the way, let us tax work but his State of the Union Speech in terms ought to understand it. let us exempt investment. There is a of our economy. I want to make one final point about fairness issue here that this Congress He said: the tax issue. One of the things hang- has a requirement to confront, in my Our economy is healthy, and vigorous, and ing up the revenue side of the reconcili- judgment. I know this issue is actually growing faster than other major industri- ation bill is the issue of dividends and alized nations. In the last two-and-a-half hanging up this bill between the House years, America has created 4.6 million new capital gains, and a 15-percent top tax and the Senate. The House is insisting jobs—more than Japan and the Europeans rate for both dividends and capital no, no, no, you have to substantially Union combined. Even in the face of higher gains income. extend this lower tax rate for invest- energy prices and natural disasters, the There are some people who look at ment income. I do not know. American people have turned in an economic the issue of taxation and they think Who is standing up here on the floor performance that is the envy of the world. this: We have the opportunity to levy of the Senate saying I am standing up Then he went on to say: taxes on several different things. We for work, for the people who earn a Keeping America competitive begins with can tax work. We all know what work wage? I am standing up for the person keeping our economy growing. And our econ- is. That is when somebody gets up in who has to shower after work, people omy grows when Americans have more of the morning, puts on a pair of shoes, who sweat, work hard, earn an honest their own money to spend, save, and invest. and clothes, and goes to work. We can day’s pay? In the last five years, the tax relief you tax work. We can tax investment, we Finally, let me say this. Part of this passed has left 880 billion dollars in the hands of American workers, investors, small can tax rents, and so on. We have peo- is all about the noise of democracy, businesses, and families—and they have used ple who have decided with respect to about debate, about coming to the it to help produce more than four years of dividends and capital gains, that in- same point from several different uninterrupted economic growth. Yet the tax vestment income, dividends and capital intersections and different perspec- relief is set to expire in the next few years.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 482 CONGRESSIONAL RECORD—SENATE February 1, 2006 If we do nothing, American families will face or 50 years paid income taxes, tried to ceeded the projections last year by a massive tax increase they do not expect save some money along the way, and something like $270 billion or more. It and will not welcome. when he could invested that money be- was $100 billion more than we assumed Because America needs more than a temporary expansion, we need more than tem- cause upon retirement he does not at the beginning of last year. So we porary tax relief. want to be dependent upon Social Se- have gotten far more in revenues than Part of what is in the bill before us is curity benefits. He has a small pension we ever expected. Why? Because our designed to continue that same tax pol- or he has invested in the stock market. economy is growing so rapidly. What is icy. He retires and he is now faced with a one of the reasons it is growing? Be- There are, for example, funds to do situation where he is not receiving a cause of the tax structure we have. what the President talked about last wage anymore that he is paying taxes That tax structure is part of what the night to stimulate research and devel- on. Instead, his income now is coming legislation before the Senate intends to opment. There are tax provisions that through the deferred gratification of continue so we cannot only leave more encourage people to do that. This legis- the investment he made throughout money in the hands of the people who lation would continue those tax poli- the years when instead of spending provide the growth for our country and cies. money he saved it and invested it. Now provide for our families and small busi- The President last night talked there are rewards coming to him in the nesses but also provide the revenue for about educating our young people. form of dividends or capital gains—in the Government to provide what they When you pay college tuition, if you other words, a return on his invest- need, as well. are not an itemizer, we believe you ment. That, plus Social Security, is There was something else my friend should still have a tax deduction for now all he has to live on. from North Dakota said that is quite that. As a result, this bill would con- He paid income tax on that money. wrong. That is the comment that we tinue that tax policy. Those are the Make this point very clear: All his provided tax relief for rich people, that kinds of provisions that are embodied working life he paid his income tax and these dividends and capital gains are in the bill that is before us. his aftertax dollars went into these in- not for the average working person, I ask my colleagues, almost two- vestments. Now he is being taxed a sec- and that the tax policy we are pro- thirds of us who voted for this very ond time on that money when he be- moting in this legislation, therefore, same bill before, has something gins to get the return, when he gets does not help most Americans, that changed where we would not want to dividends from his investment or cap- somehow it only helps the wealthy. continue those kinds of tax policies, ital gains. Yes, the tax rate is a little I noted before the legislation before the kind of things that have helped us lower depending upon what his taxable the Senate does not even mention the to stimulate and continue this eco- bracket is. It could be the same, but words ‘‘capital gains’’ or ‘‘dividends,’’ nomic growth? It seems to me we want the tax currently is 15 percent. Thank but we are assuming when the bill to continue those policies. goodness, because the reduction a few comes back from conference it will One of the things that has been dis- years ago from 20 percent down to 15 have those taxes in it. One of the taxes cussed is not in the bill; that is, the tax percent means we have had a tremen- we are seeking to ameliorate the effect on capital gains and dividends my dous stimulation for the economy. So of in this bill is the AMT. Almost ev- friend from North Dakota talked this person has paid his income tax and eryone believes we either ought to about. That is not in the bill before us. now he is paying another tax on capital eliminate the AMT, the alternative Nevertheless, it is a good discussion to gains or on dividends. minimum tax, or significantly reduce have because, as the President noted Actually, this is not just the second its impact on taxpayers. Let’s take a last night, this is part of that tax pack- time this money is taxed; this money look at what the AMT does to the peo- age that has provided this great eco- was also taxed when the corporation or ple in the country versus capital gain nomic growth, and it is part of what the entity that earned the money and dividends since, according to my the House of Representatives has earned it and had to pay its taxes. So colleague, the latter two are good ways passed. the corporation pays its taxes and then to raise revenue and the AMT is a bad When the bill goes to conference with what is left over it either takes as prof- way. the House of Representatives, it is very it or returns part of that profit in the Of all of the taxpayers in the AMT in likely, and I think very desirable, that form of dividends to the shareholders— 2003, the last year we have statistics, the continuation of the tax rates on our friend now, the senior citizen we 9.7 percent had an adjusted gross in- capital gains and dividends be included are talking about. come of under $100,000. We are talking in the final conference report we will This money has been taxed at least about relief in the bill before the Sen- approve. Those rates expire in 2008. three times now: When the income was ate that presumably most of my When people are making investments earned by the individual, when the cor- friends on the other side of the aisle today, they want to know what the tax poration paid the tax on the invest- are very much for, relief here for 9.7 rate is going to be when they invest. Is ment, and when it provided the divi- percent of the filers having income of there a return on the investment, let dend to our senior citizen, the retired less than $100,000. The other people we us say in 4 years—4 years from now is fellow living in Sun City, AZ. And he are providing relief for were above 2010. What we want to do is extend now has to pay 15 percent on that that, obviously. those rates from 2008 to 2010. If we again. Let’s compare that with the people don’t, what we are going to find, as the You can only tax this so many times. who are paying capital gains or divi- President said, is tax increases the Yet we have found that by having a dends. Of all the taxpayers reporting American people do not expect, do not Tax Code that tries to keep these taxes capital gains income in the year 2003, appreciate, and it certainly won’t be as low as possible, we are able not only 67.5 percent had adjusted gross income good for the economy. to continue to stimulate investment, under $100,000. Of all the taxpayers re- My friend from North Dakota said create jobs, and provide a living for porting dividends income in 2003, more people who work hard and have a tax people, and then a retirement income, than 70 percent had an adjusted gross on their wages get one set of taxes, but but also to provide enough money for income under $100,000. presumably people who do not work our Government to grow. We are spend- If we are talking about trying to pro- hard and receive dividends or capital ing a lot of money in this Government vide relief for the average American gains should not have a lower tax rate. now. We are not standing still. We are family—maybe a two-worker family; This is a fundamental misunder- spending far too much money, accord- their income, in any event, is less than standing of the Tax Code and the way ing to some—and I put myself in that $100,000—the AMT relief we are pro- our economy works. category. Revenues are not the prob- viding, 9.7 percent of the folks we are Take the person who put on his boots lem with respect to our deficit; we are providing relief for are in that under every day and went to work and for 40 spending too much. Our revenues ex- $100,000 category, whereas the relief we

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 483 would be providing if we included the not very many. How about 90 percent? The PRESIDING OFFICER. The Sen- capital gain and dividends would apply How about 80 percent? We still will not ator from New York is recognized for 15 to 67.5 percent with respect to capital get many takers. The point is, people minutes. gains and 70 percent with respect to will not work or invest, put their cap- Mr. SCHUMER. Thank you, Mr. dividend income. These are the people, ital at greater risk, if the tax penalty President. I thank our leader on the 70 percent, who report incomes of is so great it is not worth it. The object Democratic side on this committee for $100,000. is for Government to find that level his leadership on this issue and so The fact is we have become a nation which produces the most revenue to many others. I thank also my col- of investors. Over half of the American the Treasury with the least amount of league from Iowa, the chairman of the people now are invested in the stock damage to the economy. In other committee, who always tries to work market. When we talk about providing words, it encourages people to work or things in a bipartisan way. In fact, on tax relief, we are providing tax relief encourages people to invest to the this issue which I will be speaking for average families, for small busi- maximum extent and that extent, about, the alternative minimum tax, nesses and investors in America who then, produces the maximum amount we have tried in the Senate to work in rely on these kinds of investments in of revenue. a bipartisan way on a proposal that their retirement years. More than half Basically, one thing we found from passed earlier. I rise in support of two amendments of all Americans own stock either di- the tax rate reduction from 20 percent that I have filed with my colleague rectly or through mutual funds. In the to 15 percent with capital gains is 20 from New Jersey, Senator MENENDEZ, 2003 marginal rate on investment, mar- percent was still too high. With 15 per- on the important issue of the alter- ginal rate cut on investment income cent people were far more willing to in- worked by giving these investors an in- native minimum tax. vest. It put their money at risk. And It is unclear right now when the ma- centive to put more of their money at because so much of that activity oc- work in the markets. That is what jority will let us bring up either of curred, the revenues, even with lower these amendments for a vote. But the stimulated the great economic recov- rates, far exceeded the revenues at the ery we are enjoying now. At the lower issue is an extremely important one. It higher rates. That is why the House of cannot be swept under the rug. I want rates, the tax penalty imposed on the Representatives has included in its leg- additional investment earnings—the to alert my colleagues to what we will islation a 2-year continuation of this do. reward for taking the additional risk— same 15-percent rate for capital gain AMT relief is a critical part of the the penalty is smaller and thus the and dividends because it will actually Senate’s version of this bill, and we all risk is more attractive. That is why we produce more revenues to the Treasury must do everything we can to ensure have had this great economic recovery because more Americans will invest that this tax—which affects middle- because people have been willing to in- and will save, because this will provide class and upper-middle-class taxpayers, vest more of their money getting a more job creation and provide contin- above all—is addressed this year. greater return for that investment. ued economic growth in our country. In fact, this body will have a choice: It is interesting that all of the guess- Since over half of Americans are in- whether we take the money we can use es about what kind of income our econ- vestors in our stock market, since for tax cuts and give it to the person omy would derive from capital gains, more than 70 percent of those earning who is in the middle class or slightly to take one of these taxes, turned out $100,000 or less receive this benefit with above middle class or give it to people to be incorrect. What we find is instead respect to capital gains and with re- whose income is above $1 million. That of the capital gains rate cut cutting spect to dividends, 67.5 percent, clearly is the choice that faces us. revenues, the capital gains rate cut this is designed to help most Ameri- Our first amendment would sub- from 20 percent to 15 percent in 2003 cans. stitute the Senate-passed AMT relief has actually increased revenues to the I find it ironic my colleagues who are for the 2-year extension of the tax cuts Treasury. In other words, this tax cut so insistent on doing something to fix on dividends and capital gains which has more than paid for itself. were signed into law in 2003 but do not This is not just me saying it; this is the problem of the AMT are talking about only 9.7 percent of the people expire until the end of 2008. The amend- according to the Congressional Budget ment contains the necessary offsets so Office, the CBO. Its annual Budget and with adjusted gross incomes under $100,000. When sometimes people loose- that the overall bill stays within the Economic Outlook, just released, shows parameters in the budget resolution. the 2003 tax cut on capital gains has ly say, your tax cuts are only for the rich, I guess I would say to my friends, The second amendment is a sense of more than paid for itself. What the the Senate. Senator MENENDEZ and I your tax cuts are for the rich, if you CBO did was compare the estimated will be joined, I believe, by Senators are focusing mostly on the alternative revenues from capital gains with the FEINSTEIN and KERRY on that one as minimum tax. actual revenues from capital gains. The well. It simply states that providing re- actual liabilities from capital gains Now, I happen to think we should lief from the alternative minimum tax were $71 billion in 2004, $80 billion in provide relief in all of those areas. should be a higher priority for the Con- 2005 for a 2-year total of $151 billion. That is why I think what we are doing gress than providing a tax cut on divi- What was originally estimated to be in this legislation—to provide relief dends and capital gains in 2009. the return from this tax? The sum of from the alternative minimum tax; and It is simple, straightforward, and, in $125 billion. So there was an actual in- then, assuming the House of Represent- my view, should hardly be controver- crease in revenue to the Federal Treas- atives includes it in the conference, for sial because whatever your views are ury of $26 billion. Instead of costing the dividends and capital gains, when the on the preference of which tax, the al- Government $27 billion, which was bill comes back to us—we will ensure ternative minimum tax will go up this originally estimated, the tax cuts actu- that not only will we be able to con- coming fiscal year; whereas, the divi- ally earned the Government an extra tinue to help our families and our dends and capital gains do not expire $26 billion. small businesses but also to ensure until 2009. The bottom line is that sometimes that we will continue to have economic Now, it would be nearly impossible to raising tax rates does not raise tax rev- growth in this country. That is why I overstate the AMT issue in its impor- enue. If you want to think of this in encourage my colleagues to support tance and its urgency. The individual simple terms, say we want to bring in the legislation before us. alternative minimum tax was enacted the maximum amount of revenue. Say The PRESIDING OFFICER (Mr. in 1969 as a supplemental tax on we will put a tax on of 100 percent. One SUNUNU). The Senator from Montana. wealthy tax evaders, but, unfortu- cannot get any higher than that. How Mr. BAUCUS. Mr. President, I yield nately, as incomes have risen, it has many of us would work if 100 percent of 15 minutes to the Senator from New evolved into a tax on millions of mid- our earnings would be taxed? I daresay York. dle-class working families, particularly

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 484 CONGRESSIONAL RECORD—SENATE February 1, 2006 families in which both parents work The first has to do with fairness, the These middle-class families probably and families with two or more chil- second with timing. own very little in terms of taxable in- dren—hardly people we would want to If the AMT relief is extended through vestments. Their savings are already penalize. 2006, about two-thirds of the benefits growing tax free. So they get very lit- Some people say it has evolved from will be realized by families earning tle benefit from the lower rates on divi- a ‘‘class tax’’ into a ‘‘mass tax.’’ Other under $200,000. It affects people whose dends and capital gains. That is why people say it has evolved from a income is between $50,000 and $200,000— these tax cuts benefit the very ‘‘wealth tax’’ into a ‘‘stealth tax.’’ But not the poorest people in our society wealthy. It is because most of the whatever you call it, it is something but people who get clobbered by taxes, stocks and bonds owned by the middle that catches unsuspecting middle-class by large expenses, and who do not sim- class—and that is a lot—but they are families by surprise. And starting next ply have the necessary income. shielded from tax already. year, it will explode in significance if More than half of the total benefits I know my friends on the other side Congress fails to act. will go to families with incomes be- of the aisle talk about the so-called in- In fact, by the end of the decade, the tween $100,000 and $200,000. In New vestor class and point out, correctly, AMT will ensnare more than 30 million York, and many other States, particu- how, for the first time, more than half taxpayers, the majority of whom will larly in or near major cities, a com- of all Americans own stock. Senator have incomes below $100,000. The Na- bined income of $100,000 or $150,000 does KYL made this point a moment ago. tional Taxpayer Advocate at the IRS not make you rich. But the truth is, most middle-class has identified the alternative min- Contrast this with the tax relief for families own very little in the way of imum tax as the most serious problem dividends and capital gains, where taxable investments. More than three- facing individual taxpayers. more than half of the total benefit goes quarters of Americans earn less than There is an important point I want to to families with over $1 million in in- $1,000 a year in taxable income from make for my colleagues. The AMT is come. This is more than 50 percent of dividends and capital gains. often portrayed as a tax that is most the benefit going to less than one-half Let me repeat this because it may be problematic for residents of so-called of 1 percent of all the taxpayers in the a surprise to some. More than three- blue States, such as New York, Cali- country. So we are faced with a choice quarters of American families earn less fornia, Massachusetts, New Jersey. It here. This is not our classic tax cuts than $1,000 in taxable income from divi- certainly affects my State. But that is versus spending. This is, rather, tax dends and capital gains. not the truth, the whole truth, that it cuts for the very wealthy versus tax So in terms of priorities, in terms of just affects ‘‘blue’’ States. There are a cuts for the middle- and upper-middle- whom it affects, we should prefer the whole lot of ‘‘red’’ States or ‘‘purple’’ income range. AMT, whatever we feel about dividends States that have a significant percent- Now, some Members say some people and capital gains cuts. And I am not age of taxpayers affected by the AMT, do not like it when we point out these averse to those cuts in a nonbudget- including States of colleagues from lopsided statistics. They say it is deficit situation. across the aisle: Oregon, Virginia, Min- ‘‘class warfare.’’ This is not class war- How about timing? This is even more nesota, Ohio, Maine, Georgia, North fare. This is just the obvious truth of obvious. Consider the statistics I men- Carolina, and Pennsylvania. So this prioritizing tax cuts. And a dividend tioned and who will become subject to problem is not a ‘‘red’’ State or ‘‘blue’’ and capital gains cut put ahead of AMT the AMT this year if we fail to act. State issue or a partisan issue. It is relief hurts the hard-working middle Now consider when each tax takes ef- simply an issue of national importance. class. No amount of rhetoric can fect, when it bites. Capital gains, divi- Here are a few statistics I want to change that. dends, not until 2009. AMT, imme- mention to my colleagues. They are I want my colleagues to think about diately, in the next fiscal year. Many quite astounding. The year 2006 is the what it means for the AMT to start of my colleagues on the other side of ‘‘tipping point’’ for the AMT. The num- hitting families with children making the aisle make the argument we need ber of taxpayers affected will explode $75,000 or $100,000. These are the same to extend the relief now since the mar- from 3.6 million to more than 19 mil- families facing higher health care ket is counting on it. They say it is lion, if the Congress fails to act. A fam- costs, higher tuition costs, higher en- ‘‘built’’ into the market, and the stock ily with two children will become sub- ergy costs. And they will soon start to market will decline if we do not extend ject to the AMT at about $67,500 of in- lose their tax cuts to the AMT. those cuts today. That is simply not come in 2006. That is hardly anybody A police officer and a schoolteacher true. who is wealthy. People with that in- in my city of New York will almost If there’s one thing I know about income often struggle. I know many of certainly be pushed into the AMT, if vesting—and a lot of people in my them myself. And a family with five they have not been already. A Georgia State make a living at it—it’s this: children will start owing in the AMT at family, maybe a marine biologist at People who are really affected by these about $54,000 of income this year, if the new Atlanta aquarium and her in- rates who buy and sell significant Congress does not act. surance broker husband, will pay the amounts of stocks and bonds are so- In 2004, only 6.2 percent of families AMT, if we do nothing. A computer phisticated investors, and they follow earning between $100,000 and $200,000 a programmer in Virginia, married to a politics. They know that Congress year were subject to the AMT. It will firefighter; or a professor in Oregon, changes tax laws all the time. It is explode to 50 percent this year. Half of married to a vintner that makes some hard to believe people are investing all people making above $100,000 but of the State’s great pinot noir; or two their money today based on what the below $200,000 will be affected. They are factory workers in Ohio—all these fam- tax rate might be years from now when hardly rich. ilies would be subject to the AMT if we they finally sell that investment. And starting in 2008, the average fail to act. Smart businesspeople, smart investors married couple with two children earn- There is something else these fami- make their investment decisions based ing $75,000 will find that more than half lies likely have in common; and that on market factors, not on what Con- of the tax cuts they have been expect- is, the dividends and the capital gains gress might or might not do, particu- ing from the laws passed since George cuts passed in 2003 helped them very larly in this type of situation where it Bush became President will be taken little, if at all. The reason for this is is simply this year or next year. back via the AMT, if Congress fails to most middle-class families who own And, of course, there is the obvious act. stocks, bonds, or mutual funds have argument that if making all of these There are two main reasons why the them in either a retirement plan or a tax laws consistent and permanent was AMT relief should be a high priority savings plan for their kid’s education. so important, then the leadership on for the Congress rather than extending That is where my family’s savings go the other side should not have pushed the cuts on dividends and capital gains. right now. for reconciliation protection in the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 485 first place. They should have coming and breaching of the levees, but ap- and said: We want to know why our promised back in 2001 and 2003 and parently that was not a priority. There husbands, our wives, our children, our passed less ideological legislation with- are reports that the Department of parents died. You have to give us an- in the Senate’s normal rules of proce- Homeland Security has attorneys tell- swers. dure. ing witnesses not to talk about any I was heartened when I saw in the In conclusion, Mr. President, the communications whatsoever between last several days a dedicated group of Senate was right the first time. After the Department of Homeland Security citizens from the impacted gulf coast some initial debate in the Finance and the White House. In fact, reports region, called Women of the Storm, Committee, we passed out a bipartisan indicate that Michael Brown, whom we were up here demanding answers and bill that excluded the dividends and will remember as ‘‘heck of a job, actions. They deserve no less. These capital gains cuts and provided gen- Brownie,’’ the former head of FEMA, is are our fellow Americans. These are erous AMT relief for 2006 that will keep now refusing to provide testimony be- our brothers and sisters. I commend nearly 8 million families out of the cause FEMA lawyers are advising him them for coming to Washington to pe- AMT this year. That bill passed the not to tell the congressional commit- tition their Government. But if we do Senate with 64 votes, and I encourage tees when he talked to the President not establish this commission, I fear Chairman GRASSLEY to bring a similar and what he said, if he did, about dam- they will not ever get the information bipartisan bill back from conference. age and destruction on the ground. they deserve. Even worse, we may I yield the floor. Just today the Comptroller General make the same mistakes again. The PRESIDING OFFICER. Who of the United States issued a GAO re- In this GAO report, it refers to a yields time? port which stated that there was a study that was done after Hurricane The Senator from Montana. complete failure of leadership at the Andrew in southern Florida. There Mr. BAUCUS. Mr. President, I yield highest levels of our Government after were a series of recommendations 10 minutes to the Senator from New the storm hit and that there needs to made. The Clinton White House fol- York. be a single person put in charge. lowed the recommendations. People The PRESIDING OFFICER. The Sen- There are also reports that the Army were put in charge. There was a chain ator from New York is recognized for 10 Corps of Engineers may not be proof command. Information went up. De- minutes. viding adequate information to inves- cisions were made. FEMA, on the Clin- Mrs. CLINTON. Thank you, Mr. tigators. We have heard that a team of ton administration’s watch, func- President. I thank the Senator from independent engineering experts, whose tioned. It was filled with experts, not Montana. I commend my colleague work is funded by the National Science cronies. In 5 short years, all that work from New York for that very eloquent Foundation, say they have grown frus- was undone. and lucid description of what the chal- trated with the Army Corps. In fact, it So here we are, after the worst nat- lenges facing 8 million families are has been reported that the Corps has ural disaster in modern times, after with respect to the AMT. refused to release information needed having demoralized and defunded I rise to talk about Katrina. I intro- to fully understand the levee failures FEMA, after having created the behe- duced legislation to establish a Katrina that left so much of New Orleans shat- moth Department of Homeland Secu- commission last year. I am proud to tered and soaked. rity, and no one was in charge. I guess have 17 cosponsors. I intend to offer If we don’t have an open, broad-rang- that is what the White House doesn’t this legislation as an amendment on ing inquiry into why the levees failed, want anybody to figure out; although, this bill or any other bill that is com- if the Army Corps is not responding to frankly, I think we have a pretty good ing before the Senate. independent engineering experts, can idea that no one was in charge. But we Now, I can imagine some asking: we, with any confidence, expect that need to fix our systems. Why are we talking about a Katrina whatever kind of patchwork is going on I will, once again, be offering a commission on the tax reconciliation now will secure those levees when the Katrina commission amendment. I bill? The answer is that the White next hurricane season comes around will, once again, try to help the people House is stonewalling the ongoing starting next summer? of the gulf coast get the answers they House and Senate investigations, as There are separate committees in the deserve. I will, once again, call on us to many of us feared and warned that House and Senate conducting their own do what we did after 9/11, put together they would. And something must be hearings, seeking to establish what an independent commission—appointed done about it. happened. We have to be absolutely by Democrats and Republicans—of dis- I commend our colleagues in the Sen- unafraid to face the facts, wherever tinguished people who can concentrate ate on the Governmental Affairs Com- they take us. People’s lives are at on this issue. They are not in Congress, mittee, led by Senator COLLINS and stake. A great part of our country is responding to a million different pres- Senator LIEBERMAN, for their diligent, devastated. I have been there. I have sures. Give them the power to get the persistent efforts to try to get informa- seen the destruction with my col- answers and give us the recommendation that would answer the questions league, Senator LANDRIEU. It is heart- tions that we need in order to make that people have about what happened. breaking. sure that no part of our country, no Stonewalling the investigation into a How do we know that the money we American ever faces both the natural storm that killed over 1,000 of our fel- are appropriating, that we are sending and manmade disaster that happened low Americans, displaced hundreds of somewhere to someone—independent on the gulf coast. thousands, and cost over $100 billion in contractors and other recipients, bil- I yield the floor. damages is something every American lions of dollars of taxpayer money—is The PRESIDING OFFICER. Who should wonder about. doing what needs to be done when we yields time? Last week, it was reported that the don’t know what was wrong the first The Senator from Montana. White House is declining to turn over time they did it? Mr. BAUCUS. Mr. President, on an- key documents related to Hurricane I hope we look to the model of the 9/ other matter, I am speaking now be- Katrina and that senior White House 11 Commission. The 9/11 Commission cause we are waiting for the Senator officials will not provide sworn testi- was instrumental in both helping from North Dakota. I ask unanimous mony about the failed Federal response America understand what happened consent to speak as in morning busi- to the people in the gulf region. Other and beginning a process of us coming ness. reports indicate that the White House together to try to make sure it doesn’t The PRESIDING OFFICER. Without Situation Room, which is the nerve happen again. We had a dedicated objection, it is so ordered. center of the White House crisis re- group of citizens who lost loved ones NATIONAL GUARD sponse, received reports that a storm who came to the Congress month after Mr. BAUCUS. Mr. President, I rise in like Katrina would cause severe flood- month, who went to the White House support of our National Guard, and I

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 486 CONGRESSIONAL RECORD—SENATE February 1, 2006 want to express my serious concern for Montana is a rural, northern border tant future, will offer the Senate their future. State, and it is crucial that we have amendment as a substitute. It will in- The National Guard comprises only our guardsmen to fight fires, support clude the perfecting amendment by 45 percent of the entire Department of law enforcement, and support home- Senator GRASSLEY and myself. It is my Defense budget, yet next week when land security initiatives. hope that the perfecting amendment the President’s budget and the Quad- I traveled to the Gulf States days can be adopted by voice vote. I think it rennial Defense Review are presented after Hurricane Katrina hit, and I saw is not controversial. Then we will have to Congress, the Guard’s force struc- first-hand the valuable and unique before us both bills, the House bill, as ture may be dangerously reduced. emergency response capabilities of well as the Senate substitute amend- There is a grave national security dan- Montana’s guardsmen who had been de- ment. I am not sure how much time re- ger in doing this, and quite simply, it ployed to the region. The Guard has a mains. We have 20 hours on this bill. just does not make sense. dual role, and we must have them But it is my expectation and my hope Last night in his State of the Union available to fulfill these requirements that Senators will come up quickly and Address, the President stated that ‘‘we at home. offer amendments. remain on the offensive in Afghanistan Last night, regarding Iraq, President I might say to my very good friend, and Iraq.’’ At a time when we cannot Bush said, ‘‘We must stand behind the the chairman of the committee, we forsee any cutbacks in our military military in this vital mission.’’ The face an alternative. Frankly, I hope we commitments at home and abroad, why President is a former Governor and Na- can work this out in a way that is ami- are we proposing cutbacks in our Na- tional Guardsmen. So I have no doubt cable to Senators. We have two optional Guard? that the President is aware of the tions. One option is to fill a tree; that The Guard is now fighting overseas Guard’s immense contribution to our is, prevent any amendments from com- in unprecedented numbers. In the glob- Nation. ing up until we get to the expiration of al war on terrorism, over 50 percent of I stand behind our military and I sup- the 20 hours. At that point, Senators the land combat forces in Iraq are port the National Guard Association, can offer amendments because when Army National Guard and over 85 per- the Governors, and the adjutant gen- you get off the bill and pass the bill, we cent of available Army National Guard erals in their opposition to all reduc- have to start taking down the tree. units have been mobilized. The Air Na- tions in National Guard troop struc- When the tree starts coming down, tional Guard is providing over 50 per- ture. amendments come down, and Senators cent airlift capability. Last week, I joined Senator BEN NEL- can offer amendments then. Although Since September 11, 2001, about 80 SON, Senator LINDSEY GRAHAM, and we will be in a vote-arama situation, percent of Montana’s National Guard others from both sides of the aisle as time will not have expired for the pur- members have been deployed to the an original cosponsor of a resolution pose of offering amendments. Senators Middle East, some of them more than which calls for the Department of De- will still be able to offer amendments. once. Our guardsmen have never failed fense to consult the Governors and the The question is, Is it better all the way a mission. In fact, they have gone TAGs whenever there are decisions to around to have the tree filled and offer above and beyond, and they have make changes to the Guard. I have those amendments when we get to the fought with maturity and experience. joined that National Guard Caucus’ let- so-called vote-arama, or is it better to Reports estimate that the Depart- ter to Secretary Rumsfeld, and I have let Senators offer their amendments ment of Defense will be carrying out sent my own letters to Secretary earlier and accommodate Senators a across-the-board cuts of up to 26,000 Rumsfeld and the President. little more because we are going to get Guard personnel. On January 18, the Last summer, I fought hard on behalf the 20 hours one way or the other? Secretary of the Army confirmed that of Montana’s 120th Fighter Wing when It is my thought that probably if DoD has proposed making cuts to the DoD proposed closing their base. I Senators are allowed to offer amend- number of brigade combat teams. Their should not be here again. ments earlier on—that is, the tree is ground units are in Pennsylvania, Our Air Guard last year won the Air not filled up—and there is an accom- North Carolina, Washington State, Force Outstanding Unit Award, the modation made to Senators who are Tennessee, Mississippi, Louisiana, Min- Maintenance Effectiveness Award, and going to offer amendments anyway, nesota and Idaho. the Air Force Security Forces Award, that we may be able to proceed more In Montana, the National Guard’s 1– while standing alert and deploying to expeditiously because Senators will be 163rd Infantry Battalion is a subordi- Iraq. Montana’s Army Guard has de- accommodated and won’t be upset and nate unit of the 116th Brigade Combat ployed many times overseas and the 1– so forth. On the other hand, if the tree Team of the Idaho National Guard. 163rd Infantry Battalion has just re- is filled and Senators are not allowed This is one of the units to face troop turned from an 18 month deployment to offer amendments until afterward— reduction, and the loss of this unit in Iraq. I don’t know this; I am just saying this would mean the loss of 800 of Mon- Our brave National Guards men and because it is a possibility or specula- tana’s Army National Guardsmen. women join the ranks of many other tion—that Senators may say: I was de- That’s one third of the Montana Army military personnel and lay their lives nied my opportunity, and I can’t offer National Guard. on the line to help protect the free- it now. They didn’t give me an oppor- The Guard predicts that the payroll doms we enjoy as Montanans and tunity to offer my amendment. Maybe losses associated with these jobs could Americans. At a time when our Guard he wasn’t going to offer it anyway. reach $15.5 million. is already stretched too thin, we should I raise that question for the majority Our Governors and adjutant generals not be sacrificing manpower. We should to think about as we decide how to pro- should not have to send guardsmen to be boosting it. The National Guard is ceed on this bill. Many Senators have war without the security that those the backbone of our armed services, come up to me and said they wanted to troops will have jobs and a future when and troop reductions of any kind would offer an amendment. That is a Sen- they return home. be detrimental to the Nation and to my ator’s right. I have said to them I un- We are treating our guardsmen as ac- home State of Montana. derstand that, but I am not sure when tive-duty members with full time de- While I am waiting for the Senator they will be able to offer them. They mands, but not in the benefits that from North Dakota—he wants to speak will be able to anyway, but the ques- they receive. Let me emphasize the for about 35 minutes, and he is the tion is whether they will be able to do danger that this presents to the vol- ranking member of the Budget Com- it earlier or later. I know that is not a unteerism that has kept our guard mittee—let me again remind Senators decision that is going to be decided at going. Montana has a proud tradition of where we are. Essentially, we are this point, but it is a decision I think of serving our country, and we need the still on the House bill. My sense is that we are going to have to deal with. My resources of our National Guard. the majority leader, in the not too dis- general view is it is better to work

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 487 with people than not. Generally, if you so, let’s sit down and see what we can lion, but they are leaving out certain work with people, you are more likely do to work out a list the best we can to things. If you put back the things that to get matters resolved more expedi- get a sense of things so that we can they have left out, we can now antici- tiously and more amicably. I raise that proceed more expeditiously. pate a deficit of about $360 billion this point for the consideration of all con- Mr. GRASSLEY. Mr. President, I al- year. cerned. ways anticipate the picture show that That is just the beginning of the The PRESIDING OFFICER. The Sen- we are going to have now from the Sen- story. The situation we face with the ator from Iowa is recognized. ator from North Dakota. Anyway, I debt is really far more serious. The def- Mr. GRASSLEY. Mr. President, my hope he will be tolerant. I have always icit, as we project it this year, of $364 response to that is a friendly response. wanted to engage him in some debate billion—it is a little more than that, It is not a very definitive response be- on these issues because I think he al- but look at how big the debt is going to cause I think my friend from Montana ways tells half the story. I don’t think grow. The debt is going to grow not by knows that some of these negotiations he ever says anything that is wrong, $364 billion but by over $637 billion. I go on at a little higher level than he but the whole story could give a dif- don’t see the media cover the growth of and I are in leadership. ferent impression to the public. the debt. All they want to talk about is Mr. BAUCUS. No negotiation goes on I yield the floor. the deficit because that is the story higher than the chairman of the Fi- Mr. BAUCUS. Mr. President, I yield they are used to writing. The problem nance Committee. up to 35 minutes to the Senator from is that things have changed. Mr. GRASSLEY. Well, there are North Dakota, the ranking member of Well, what has changed? The biggest other considerations that come into the Budget Committee. thing is that Social Security surpluses this. I will put it in this perspective. The PRESIDING OFFICER. The Sen- are growing, and growing dramatically First of all, I hope what he says could ator from North Dakota is recognized. year after year. And the idea was to happen. It seems to me that, No. 1, we Mr. CONRAD. Mr. President, I thank prepare for the retirement of the baby are kind of in an environment where my colleague for his courtesy. I also boom generation. The problem is, this we believe we are wasting some time, laud his very good work and the chair- Congress and this administration are in the sense that we are going through man’s good work in putting this pack- taking the money. They are taking a lot of procedural motions that re- age together. I know we enjoy these de- every penny of the Social Security sur- debate something that was decided in a bates. I certainly enjoy them because plus—it is not really a surplus at all bipartisan way by this body back on we have found a way to disagree with- because we are going to need every December 18 on a 64-to-something vote, out being disagreeable. dime when the baby boomers retire. a very bipartisan vote. Normally, what Mr. President, I also say to my col- But instead of using that money that is we are doing now is trying to go to leagues that I believe deeply that the in surplus this year, this Congress and conference. We are faced with a lot of additional tax cuts ought to be paid this administration are taking every amendments—some that might be the for. At the appropriate time, I will dime to pay other bills. same as what we dealt with previously. offer a way of paying for them. I think When you look at every other trust So that is kind of an environment that the package that the chairman and the fund, they are raiding every trust fund maybe a lot of us believe we should not ranking member put together is a rein sight. The result is, instead of $360 have to go through because it is a sponsible package. There are things billion being added to the debt, the real waste of time. But now that is a fact of that need to be done for the American increase in the debt would be over $600 life. That is how the Senate operates. people and the American economy. The billion—not just this year, but every So as what my friend, the distin- one difference I have is I would really single year of this 5-year budget deal, guished Senator from Montana, said, it like to see it paid for. I think there is at the very time the President is tell- boils down to this: To the extent we a way to do that. ing us: Don’t worry, we are going to can have a massive amount of trans- In addition, I will be offering, at the cut the deficit in half over the next 5 parency on what might be offered, with appropriate time, a pay-go amendment years. some limit on the number of amend- to go back to the budget disciplines we The problem is, the deficit does im- ments that might be offered, and get have used in the past that say: If you prove over the next 5 years, but growth that settled very soon, then what hap- are going to have more tax cuts, pay of the debt keeps getting worse. Why pened in the sense of him saying we for them. If you are going to have new the difference? Because Social Security would fill up the tree with amend- mandatory spending, pay for it. I very surpluses are growing every year to ments, we would not do that. strongly believe we have to restore prepare for the retirement of the baby That is what we would like to do. But those budget disciplines. It is also the boom generation. But we are not using it seems to me there has been some in- view of the departing chairman of the the money to either prepay debt or pay ability to know exactly how many central bank in this country, Chairman down the debt or prefund the liability. amendments might come from the Greenspan. I think it is the view of Instead, we are taking, and the Presi- Democratic side of the aisle, what they most people who are seriously inter- dent is taking every dime to pay other were, and the extent to which they ested in restoring fiscal discipline to bills. were germane versus nongermane. Ob- this country that we have to restore Here is the pattern of expenditures viously, the more that are nongermane the pay-go rules that functioned very and revenues of the Federal Govern- as opposed to germane makes it even well for the country in the 1990s. ment, going back to 1980. The red line more difficult. If we can settle those The reason I am so concerned is I is the expenditure line of the Federal things—I know Senator BAUCUS and I look at our budget situation today, and Government. You can see that during could settle those things, and we could here is what I see. We have just had, in the 1990s each and every year spending be on our way to not filling the tree. these last 4 years, four of the biggest as a share of gross domestic product So far we have not seen that sort of budget deficits in the history of the came down. Why do it as a percentage transparency. country. In fact, we have, in the case of of gross domestic product? Every econ- Mr. BAUCUS. Mr. President, my good these four budgets, the four biggest omist will tell you that is the fairest friend makes a very good point. I had a deficits we have ever had in dollar comparison to make. That takes out chuckle to myself because, I say to my terms. That is coming off the last year the effect of inflation. The same is friend, I am not even aware of all of the of the Clinton administration when we done with the revenue line. You can see amendments. The Senators don’t come had a surplus. Of course, the year be- that during the 1990s revenue went up to me, frankly, as I would like them to. fore in the Clinton administration we every year and the result of declining It makes it difficult to decide some of had an even larger surplus. expenditures and rising revenue was to these issues. The Senator makes a good Last year, the deficit was $318 billion. eliminate the deficit, and during the 3 point. Over the next hour and a half or This year, they are forecasting $337 bil- or 4 golden years here, we eliminated

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 488 CONGRESSIONAL RECORD—SENATE February 1, 2006 deficit spending and reduced the cits explode right beyond the 5-year ple this year—20 million people. It growth of the debt. Then President window. But in addition to that, the takes $1 trillion over 10 years to fix the Bush came into office and spending has only way the President reaches his alternative minimum tax. The Presi- gone up. In fairness to him, spending conclusion is he leaves out all kinds of dent doesn’t have a dime in his budget went up because of the increased spend- items. He leaves out war costs, he to deal with this. ing for defense, the increased spending leaves out the cost to fix the alter- This is the problem we have. We have for homeland security, and rebuilding native minimum tax, and he leaves out an air of unreality in this town about New York. Just those three items ex- the effect of his making the tax cuts where we are headed. Here is what the plain about 90 percent of the discre- permanent. President told us back in 2001: tionary spending increase. When we add all those items back in, . . . [M]y budget pays down a record You can see that spending as a share including his defense buildup, here is amount of national debt. We will pay off $2 of GDP is still substantially below what we see in terms of the deficits, ac- trillion of debt over the next decade. That where it was in all of the 1980s and cording to the Congressional Budget will be the largest debt reduction of any country, ever. Future generations shouldn’t much of the 1990s. So while it is true Office, adjusted for the things that be forced to pay back money that we have that we have had a substantial increase have been left out. Here is what we see, borrowed. We owe this kind of responsibility in spending, we are still well below the long-term deficit outlook. In fact, to our children and grandchildren. where we were in all of the 1980s and a it is an ocean of red ink that gets much That is what the President said when big chunk of the 1990s. worse past the year 2011. he embarked on this course: Paydown On the revenue side of the equation, This is the harsh reality of the Bush of the debt. Let’s do a reality check President Bush came into office here plan. It is a plan of burgeoning deficit, and look at what has happened versus and he said revenue was at a record of massive debt, and at the worst pos- what the President said. See any high. He was right. Look what has hap- sible time, right before the baby paydown of debt going on here? Any pened—the revenue side of the equation boomers retire. paydown of debt? There is no paydown has collapsed. And while it is true we The President of the United States of debt. had an uptick last year and the year is, in effect, hiding from the American Leading up to this, when the Presi- before, we are still way below the his- people the full consequences of his pro- dent came in, the debt was $5 trillion. torical average for the 1980s and 1990s. posals because he stops his budget after The debt was below the bottom of this Going forward, you can see we have 5 years. But here is what happens right chart. The bottom of this chart is $7 this big gap between projected spend- beyond the 5-year window. trillion. The debt was below the bot- ing and projected revenue. The result is He has dramatically underfunded tom of this chart when the President a never-ending stream of deficits and long-term war costs. Fifty billion dol- started. He has increased the debt by $3 burgeoning debt. lars has been appropriated for war trillion. That is in 5 years. He said he Some have said the tax cuts of the costs in 2006 so far. The CBO estimates was going to pay down the debt by $2 Bush era show that if you cut taxes, of additional outlays for ongoing mili- trillion. Instead, he has increased the you get more revenue. No, it doesn’t tary operations are $378 billion. debt by $3 trillion, and that is where we show that. In fact, revenue has just re- The President says he is going to cut are today. covered last year over where it was— the deficit in half, but he accomplishes But look where we are headed under just gotten back to where it was in that by leaving out things we all know his plan. He is going to add another $3.5 2000. We have not had increases in rev- we are going to have to pay for. War trillion over the next 5 years. He has enue. As a share of GDP, here is what cost is No. 1. The President dramati- already added $3 trillion; now he is happened to revenue. It collapsed. It is cally understates what the war is going going to add another $3.5 trillion. We this combination of increased spending, to cost. are going to have $12 trillion of debt by dramatically reduced revenue—and a Here is the big enchilada. The Presi- the time this President’s plan is done. big chunk of this is because of the tax dent said last night: Make the tax cuts What difference does it make? Ask cut. That combination has plunged us permanent. This dotted line on this yourself this question: Where are we into record deficits and even more rap- chart is the next 5 years. This is what getting the money? Where are we get- idly growing debt. it costs over the next 5 years to make ting the money to float this boat? In- My colleagues, this is utterly the tax cuts permanent. We see it is creasingly, we are borrowing this unsustainable. My colleagues say when very modest. Look what happens to the money from abroad. When we have a you cut taxes, you get more revenue. cost of making the tax cuts permanent debt auction, increasingly the ones No, you don’t. You would have gotten right beyond the 5-year budget window. who are buying our debt are foreigners. more revenue had you not cut taxes. The costs of the tax cuts absolutely ex- It is very instructive. It took 42 Look, here is the reality. Back in plode. Total cost over 10 years to make Presidents 224 years to run up $1 tril- 2000, the revenue was just over $2 tril- the tax cuts permanent is over $2.2 trillion of external debt, debt of ours held lion. It took until 2005 for the revenue lion. by foreigners. This President has more side of the equation to come back to That is the President’s plan. He has than doubled that amount in 5 years. where it was 5 years before. Again, as a no plan to pay for it. He is not cutting That is utterly unsustainable. Foreign share of GDP, we have never gotten spending to cover this difference. We holdings of U.S. debt have doubled back. We are nowhere close to where are already at record deficits. The baby under this President in just 5 years. we were, and I don’t advocate we boomers are just going to begin to re- The result is we owe Japan almost should get back to where we were be- tire, and the President says: Dig the $700 billion. We owe China $250 billion. cause revenue was at record levels. We hole deeper; dig it deeper; let’s have We owe the United Kingdom over $220 are nowhere near close to the average more debt. What kind of a plan is that billion. My favorite, the Caribbean of the eighties and nineties. for America’s future, more debt. banking centers, we now owe them On individual income taxes, we are It is not just the war cost the Presi- over $115 billion. We owe Taiwan $71 still below where we were in 2000, and dent has left out or understated, it is billion. We owe OPEC almost $70 bil- by 10 percent. So the notion that if you not just the full effects of making the lion. We owe South Korea over $60 bil- cut taxes you get more revenue is a tax cuts permanent, but the President lion. We owe Germany, Canada, Hong great theory, but it has not worked in has left out entirely the cost of fixing Kong, and up and up it goes, debt on reality. the alternative minimum tax. top of debt. The President says to us we are going The alternative minimum tax is the Now the Secretary of the Treasury to cut the deficit in half over the next old millionaire’s tax that is rapidly be- writes us a letter on December 29. That 5 years. No. 1, I don’t believe that coming a middle-class tax trap. If we is an interesting time to write us, the ought to be the goal because if you don’t act on the alternative minimum week between Christmas and New look at the President’s plan, the defi- tax, it is going to affect 20 million peo- Year’s when Congress is not here and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 489 nobody is paying attention. What does know what else? It is the people’s debt. economic growth. This black line is the the Secretary of the Treasury say to Every dime of this has our taxpayers’ growth we have seen in this recovery. us: name on it, and they are going to have It is well below the average. It is 25 The administration now projects the statu- to pay it, and this President doesn’t percent lower than the average eco- tory debt limit, currently $8,184 billion— seem to be the least bit concerned nomic growth we have seen in the pre- Let me repeat that, the current debt about this explosion of debt on his vious recoveries. of our country is $8,184 billion. You can watch. These are facts. Something is wrong. translate that into trillions. It is $8.2 Now we have this budget proposal be- This strategy is not working. It is no trillion. fore us, and there are three chapters to wonder the American people are con- He says: it. There are three chapters to this cerned about the economy, even [The debt limit] will be reached in mid- book. Chapter 1 is to cut spending $39 though people tell us the economy is February of 2006. At that time, unless the billion. That is what they call the def- great. What we see is, in a recovery, debt limit is raised or the Treasury Depart- icit reduction package. this is one of the weakest of any we ment takes authorized extraordinary ac- Look what the second chapter says. have had since World War II. tions, we will be unable to continue to fi- Let’s look at another measure: busi- nance Government operations. The second chapter says: Oh, when you have cut the spending $39 billion, cut ness investment. This red line is what That is a fancy way of saying we the revenue by $70 billion. has happened in each of the nine recov- won’t be able to pay our bills. The I was educated in schools in Bis- eries. This is the average of each of the most powerful Nation in the world marck, ND. I went to Roosevelt grade nine recoveries since World War II. But won’t be able to pay its bills by the school. I had wonderful teachers—Ms. here is what has happened in this re- middle of February unless the debt is Senzick, Ms. Barbie, Ms. Hook. They covery. Yes, things have gotten better, dramatically increased. Here is what has happened to the taught me math and they were very but they are way below—in fact, 50 per- debt under this President. Remember, good teachers, and I was good in math. cent less than the average of every he said he is going to have maximum I could go back to the second grade and other recovery since World War II. paydown of the debt; he is going to pay figure this out. Is the deficit getting These are signs something is wrong. the debt down by $2 trillion. That is smaller or larger as a result of this Something is not working with this not what happened. Instead of debt plan? If you cut your spending $39 bil- strategy. being reduced, debt has been dramati- lion but you cut your revenue $70 bil- It does not stop there. Here is the job cally increased. lion, have you made the deficit bigger loss comparison. This red line shows By the way, in the previous 5 years, or smaller? the average of every recovery since during the Clinton administration, this Everybody knows you have made the World War II, nine of them. We have is how much the debt limit increased: deficit bigger. Yet our friends on the had nine major recessions and nine re- Zero. We were actually paying down other side of the aisle say they have a coveries. This red line shows what has debt. In 2002, the debt had to be in- deficit reduction package. No, they happened on average with job growth creased $450 billion; in 2003, under this don’t. They have a deficit increase during a recovery. administration, the debt had to be in- package when we already have record Here is the line with respect to this creased another $984 billion; in 2004, the deficits, record additions to the debt. recovery. We are 6.9 million private debt had to be increased another $800 And they say they have a deficit reduc- sector jobs short of a typical recovery. billion; and now they want to increase tion package? Come on. There is no Is anybody paying any attention? Is the debt another $781 billion. You add deficit reduction going on here. anybody doing anything other than it up. This President, in just these 4 The third chapter of the book is the making rhetorical speeches and run- years, has added $3 trillion to the debt. one they really don’t want you to read. ning around the country chanting The debt was only $5 trillion when he The third chapter of the book is they ‘‘economic growth, economic growth, took over. He has increased the debt in are going to increase the debt $781 bil- this is really working’’? Something is just these 5 years by 60 percent, and we lion. not working. The average recovery now know that in the next 5 years, he Here it is another way: $39 billion of since World War II has been stronger is going to increase the debt another $3 spending cuts over 5 years—virtually than this one in job production, in eco- trillion. He will more than have dou- nothing as a share of the spending nomic growth, and in business invest- bled the debt of our country during his which will occur over that period—and ment. administration. $70 billion of tax cuts not paid for. The These are facts. The Federal Reserve One President—1 out of 43—has run result is they have just added to the Chairman, Mr. Greenspan, who just left up more debt than the other 42 com- deficit, added to the debt, and they will office, said he opposes deficit-financed bined—more national debt, more debt tell you this is really working because tax cuts. He said we should not be cut- held by foreigners. we are getting strong economic ting taxes by borrowing. The Chairman Is this supposedly an indication of growth. of the Federal Reserve was exactly strength? What would people say out Are we really? Are we really getting right. We should not be cutting taxes there? Is this an indication that our strong economic growth? Let me say by borrowing, especially borrowing country is strong, that we are bor- this: In the last 4 years, median family from China and Japan and the Carib- rowing more and more money all income in this country has gone down bean banking centers. around the world, or is it a sign of each and every one of the years. That The Chairman said this about pay-go, weakness? is a fact. Median family income has which is the amendment I will be offer- I know what I think. I think it is a gone down each and every one of the ing when it is appropriate to do so. sign of vulnerability. last 4 years. We only have the records Pay-go is a budget discipline. Pay-go Last night, the President said we are through 2004, but 2005 I predict will says simply this: If you are going to addicted to foreign oil. He is right. You show the same thing—another reduc- have more tax cuts, yes, you can have know what else? We are addicted to tion in the median family income in them, but you have to pay for them. foreign money, and this President says: this country. Yes, you can increase mandatory It is the people’s money, give it back to When we compare this recovery to spending, but if you do, you have to them. The problem is, he is borrowing the previous recoveries since World pay for it. If you want new spending, the money from China, Japan, and all War II, here is what we see. This is the you have to pay for it. If you want around the rest of the world to give it average of the nine previous business more tax cuts, you have to pay for back to them. That is what is going on cycles; that is, if you look at the nine them. here. recoveries we have had from recessions The Chairman of the Federal Re- It is the people’s money, yes; abso- since World War II, here is what we see. serve, who just retired, Chairman lutely, it is the people’s money. Do you This red line is the average in terms of Greenspan says:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 490 CONGRESSIONAL RECORD—SENATE February 1, 2006 All I’m saying is that my general view is I Let me put up the tax cut package I which they run all of these scams. I like to see the tax burden as low as possible. will offer my colleagues, the very same used to be a tax administrator. One of So do I. one the chairman and ranking member my jobs used to be to scout out these And in that context, I would like to see tax have come up with: small business ex- scams. That is one of the reasons I am cuts continue. pensing, a savers credit, tuition deduc- here, because people I represent So would I. tion—all of these until 2009, the same thought I did a pretty good job of un- But as I indicated earlier that has got to as their package; new market tax cred- earthing these scams and shutting be, in my judgment, in the context of a it until 2008, same as theirs; sales tax them down. But this one takes the PAYGO resolution. deduction until 2007; the R&D credit prize. I credit my colleague, Senator That is what I am going to be offer- until 2007, exactly what they have; DORGAN, for finding it. ing to my colleagues, the exact pay-go work opportunity welfare-to-work Has anybody been to the Cayman Is- resolution the Chairman is referring credits, the same as they have; teacher lands? The Cayman Islands are just to, the pay-go we had in the 1990s, classroom expenses until 2007, the same south of Cuba. You go to the Cayman which helped us impose discipline, as they have; leasehold and restaurant Islands, and you find this building. It is which helped us restore fiscal responsi- improvements until 2007; other tradi- five stories tall, and 12,748 companies bility, which helped us turn record tional extenders until 2007, exactly as call this building home. This is one of deficits into record surpluses, which they have; the AMT hold harmless, the scams of the ages. Let me repeat got us on a sound financial course, through this year. this. You have this building right which, unfortunately, under this Presi- The difference is I am paying for it here—this is a picture of it—down in dent and this administration and this over the next 10 years, paying for it all. the Cayman Islands. It is five stories Congress, we have veered from so dra- How am I doing it? In this way: I am tall. It is home to 12,748 companies. Do matically back into the deficit ditch— providing the same offsets as the you see them all? They are working record deficits, record increase in debt. Grassley-Baucus substitute. In other there. Are they working there? Are We are headed for $12 trillion of debt, words, they have a package of offsets 12,700 companies working there? No, more than a doubling of our debt on here closing the tax gap by shutting they are not. They are running fraudu- this President’s watch and already down abusive tax shelters and other re- lent operations there. They are shuf- more than a doubling of U.S. debt held forms. They have $34 billion. That in- fling paper there. by foreigners. cludes ending the tax benefit for leas- When I was tax commissioner, I Think of it. It took 42 Presidents 224 ing foreign subway and sewer sys- found a major company that showed all years to run up $1 trillion of external tems—saving $5 billion. of its profits down in the Cayman Is- debt for this country. This President This is the scam of all time. This is lands. Gee, how would that be? They has more than doubled it in 5 years. the scam of all time. We have people are doing work all over the country in What is conservative about that? This who are buying subway systems and the United States, buying and selling, is the biggest liberal, when it comes to sewer systems in foreign countries and buying and selling. They showed those debt, we have ever had in the White depreciating them for the purpose of were all break-even operations. House in this Nation’s history. He is their U.S. taxes and then leasing back Then they ran a little operation with very free with debt. the sewer systems and the subway sys- one person down in the Cayman Is- The pay-go I am offering simply says tems to foreign countries in foreign lands. They showed a $1 billion profit. that all mandatory spending and all cities. Is anybody listening? You tell This shouldn’t be a partisan issue. tax cuts that increase deficits must be me we should not stop this scam? This This is a scam. It is a scam on all of us paid for or require a supermajority is unbelievable. When my staff first to have 12,000 companies. vote, 60 votes. The current pay-go rule, brought this to my attention, I could I was just describing the company. and you will hear from the other side not believe it myself. You have to be They had one employee down in the that we have pay-go—we have it; it is a kidding me. Companies in America are Cayman Islands. They showed all of joke. It exempts all tax cuts and ex- buying the sewer systems in foreign their profits down there with one em- empts all mandatory spending in- countries and depreciating them for ployee. I said that is the most efficient creases that are assumed in any resolu- the purposes of their U.S. taxes. Can man in the world. This one man—all tion, no matter how much they in- you believe this is going on? Companies the profits of the company are in his crease deficits. And they say they have are buying the sewer systems in a for- division, and he is the only one in the pay-go? Come on. They don’t have pay- eign country and depreciating them for division. go; what they have is debt-go. Let’s get the purposes of their U.S. taxes? It is Why do they do it in the Cayman Is- going on the debt, that is what these true. We could stop that and save $5 lands? Because there are no taxes in guys have. And they are doing it and, billion. the Cayman Islands. They weren’t boy, is our country going to pay a ter- I take that package, then I add end- doing any work down there. They are rible bill for what these guys are doing. ing a loophole for oil companies that just shoveling profits between subsidi- This administration and this Con- lets them avoid taxes on foreign oper- aries. gress are not going to be treated well ations. That is another $9 billion. That is what is going on in this by history because at the critical mo- We could require tax withholding on building. This building is home to ment, just before the baby boomers re- Government payments to contractors 12,748 companies that are doing busi- tire, instead of what other countries such as Halliburton just as we do to ness down in the Cayman Islands. They are doing, which is to run surpluses to mainstream businesses in this country. are shoveling tens of billions of dollars get ready for the retirement of the You know, if you are a business in this in profit out of this building. This baby boomers, this country, under this country, you have to pay withholding building, I am sure, is a smart building. administration, this Congress, is run- taxes. But we have Halliburton over It must have the latest wiring. They ning massive debt, doubling the debt of there with all these funny-money con- must have the latest technology to be our country during this President’s tracts in Iraq—they don’t have that re- producing tens of billions in profits in watch. quirement. Why not? That would save this one building—the profits of 12,000 I will offer the pay-go resolution at $7 billion. companies. What a scam. We ought to the appropriate time. I will offer a sec- If we renew the Superfund tax so the stop it. ond amendment which will say: Yes, we polluting companies pay for cleaning My bill says: Yes, we should have can have these tax cuts which the up toxic waste sites, we would save $17 this tax relief for the American people. chairman and ranking member have billion. And then we close other tax We ought to pay for it by closing that brought before us, which is a respon- loopholes for another $22 billion. kind of scam. We ought to stop the sible package. But it ought to be paid This is a picture of Ugland House in scam where companies are buying for- for. the Cayman Islands, the building from eign sewer systems and depreciating

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 491 them on the books in the United States It doesn’t make sense, on any meas- behavior as having children or living in for the purposes of lowering their taxes urement of fairness or common sense a high-tax State. here. It is nothing but a ripoff and a about how we are trying to expand the If you look at his history of the scam, and we ought to stop it. We economic pie for all Americans, par- AMT, you can tell that it really does ought to pay for the tax cut, every ticularly when you look at the data need reform. dime of it. That is what my proposal about the numbers of American fami- The individual AMT was created in does. lies who are being squeezed and 1969. It was created in 1969 to address I thank the Chair and yield the floor. squeezed when having a hard time. Me- 155 individual taxpayers in America The PRESIDING OFFICER (Mr. dian wages have not gone up—they whose incomes exceeded $200,000 a year, SUNUNU). Who yields time? have gone down about 2 percent over who paid no Federal income tax at all Mr. BAUCUS. Mr. President, I yield the last few years for average Ameri- in 1969. That is why this tax was cre- 15 minutes to the Senator from Massa- cans. But public college tuition has ated. You had high-income people pay- chusetts. gone up about 57 percent. Since 2000, ing no income tax, and 155 people were The PRESIDING OFFICER. The Sen- private college tuition has gone up the target of this effort. But now it has ator from Massachusetts is recognized something like 32 percent. Families are grown from 155 taxpayers in 1969 to 1 for 15 minutes. paying higher health care costs. million in 1999, to almost 29 million by Mr. KERRY. Mr. President, thank All of us know, as the President re- the year 2010. It now affects families you very much. I thank the distin- minded us last night in the State of the with incomes well below $200,000 a guished manager. Union Message, gasoline prices are year. Mr. President, we don’t know at this killing people at the pump. A lot of By the end of the decade, repealing point what is going to happen in terms workers are seeing whatever gains they the alternative minimum tax will cost of the parliamentary procedure. So I might have tried to save get taken more than repealing the regular in- am not sure whether the Senator from away just trying to get to and from come tax. Unfortunately, we can’t end this New Jersey is going to have the oppor- work. today. Obviously, we can’t do that. But tunity, which I know he wants, to be We are struggling with this gap, we can do a lot more than what is in able to propose an amendment with re- which is growing. Yet the priority of the House reconciliation bill. The spect to the AMT. My hope is that he the House of Representatives is to give House tax reconciliation bill includes a will be able to because I think it is ab- the wealthiest people in America yet provision that extends taxation of cap- solutely critical that the Senate ad- another break while many Americans ital gains and dividends at a lower rate dress this issue. are going to be pushed into the alter- I wish to speak for a few minutes through 2010; whereas, the alternative native minimum tax regime. minimum relief expired at the end of about the amendments that the Sen- You shouldn’t even call it the alter- 2005, and it needs to be addressed. The ator from New Jersey will submit and native minimum tax. You ought to call capital gains and dividends provision why I support them and why I think it it the family tax because that is what doesn’t expire until 2008. is so important. it is. The taxpayers get hit by the al- The amendment before the Senate— There is no rationale—no economic ternative minimum tax according to provided Senator MENENDEZ is given rationale, no social rationale, political where they live and because they have the opportunity to provide it—is going rationale—for addressing tax issues children. to strike the extension of capital gains that expire in 2009 before we take care If you live in a certain State—take a and dividends at a lower rate. That of the individual alternative minimum State with a relatively high standard provision has a cost of $20 billion over tax issue that affects people today. of living and a fair amount of public 5 years and a $50 billion cost over 10 There is no common sense behind contribution, such as Massachusetts or years. saying we are going to address a tax California or some other State, New The budget resolution has been draft- issue with respect to 3 or 4 years from York, Connecticut. In those States, the ed in a way that hides the cost of the now when we have an enormous num- only thing you can do to not pay this capital gains and dividend cuts by put- ber of American families who are going tax is to not start a family. If you start ting most of the expenses outside of to be negatively impacted by the alter- a family and have children, the tax the 5-year budget window, and it will native minimum tax. cuts end. You wind up being hit harder. actually cost more than twice as much It is almost inexplicable that the We are literally punishing Americans as is stated. House bill chooses capital gains and for having children and building fami- One rationale for cutting the tax on dividend relief over preventing 19 mil- lies. The more children you have, the capital gains and individual dividend lion families from having to pay AMT. more you are impacted by the alter- income is that it stimulates invest- Let me make it clear that I have sup- native minimum tax at a lower income ment. ported a reduction in the capital gains level. It doesn’t make sense. That has not held true, and the tax on any number of occasions. In If no action is taken on the alter- record does not show that is, in fact, fact, I wrote it with Senator Bumpers native minimum tax, a family with what happened. If you talk to people on back in 1993. We drafted a targeted cap- three children with an income of $63,000 Wall Street, they will tell you point ital gains tax reduction that passed the would be impacted by the AMT, and a blank, No. 1, they are concerned about Senate. It got caught up in the com- family with six children with an in- the deficit, and No. 2, they believe that plicated rulemaking process. It didn’t come of $50,000 would be even more im- their behavior is not going to be af- work as effectively as it might because pacted by the AMT. fected. It is a great windfall for them. of the rules, not the concept. Ulti- In May, we heard testimony from the They will all tell you that if they get mately, I have supported a reduction in Urban Institute about how the AMT an extra $100,000 in their pocket, at capital gains. was once upon a time a class tax, but it their income levels, they can do some- But to suggest that we ought to now is soon becoming a mass tax because thing with it. But it will not affect the make it permanent, when we see the more and more taxpayers, mostly be- fundamental investment decisions that gap growing wider and wider between cause they are having children, will be they are going to make anyway. the ‘‘haves’’ and ‘‘have nots,’’ when we forced to pay it. The fact is that the stock market, as realize that what we are talking about Nina Olson, the taxpayer advocate we all know during the 1990s, did a lot in this tax reduction is providing those who works every day on practical im- better than it is doing today when it Americans who earn more than $1 mil- plications of what we do, has repeat- had a higher capital gains rate, not- lion a year about $32,000 worth of tax edly testified about the complexities withstanding the fact that we lowered relief next year alone, while people and the inequities of the AMT. She said it at that time. earning less than $50,000 a year will get sarcastically the AMT punishes tax- We have a choice, a very straight- about $20 each. payers for such classic tax avoidance forward choice: Either help the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 492 CONGRESSIONAL RECORD—SENATE February 1, 2006 wealthiest investors in America or you The Senator from Massachusetts is to help them get their amendments up can help hard-working families. right in the sense that for parents with and voted on. First, we should not even It is that simple. That is exactly children and the larger the family the be in this situation, a truly unprece- what this choice is about. I hope a ma- more it hits them. It was never in- dented situation, where we are essen- jority of the folks believe—that we tended to hit but a few wealthy people tially being forced to do a reconcili- ought to be helping those families that who used every legal loophole to avoid ation bill over. Yes, we are doing a rec- most need the help today. paying taxes and that somehow every- onciliation bill over, within 2 months It is a simple matter of priority. It is one who makes a lot of money ought to of when we first did it. We could be a simple matter of fairness, and it is pay a little something of income tax doing the Nation’s business of problems common sense with respect to our into the Federal Treasury. A little that have to be solved, not waste 3 days economy and the money we want to something or big something, whatever on this bill now when we spent 3 days put into the pockets of Americans so the case might be, whatever the alter- on it in November. We could be work- they can go out and pay their bills, native minimum tax hit them with, ing on lobbyist reform. We could be continue to purchase, and drive our they ought to pay that. working on asbestos reform and a lot of economy. If Senator BAUCUS will bear with me, other things that Members want before I want the tax bill to reward work he has heard me say 150 times how ri- the Senate. However, leadership on the first and wealth second. diculous it is to have this side of the other side is wasting the Senate’s time This can be done by making the al- aisle say we ought to offset a tax that and the American people’s time. Surely ternative minimum tax relief a pri- was never intended to be collected in there is a better way. ority over capital gains and dividend the first place from the people who oth- For those who thought this was over tax relief. erwise will be hit with it if we did not back in November, we are in the middle The fact is that Congress has an op- pass this legislation, and over here, of a rude awakening. Cooperation is a portunity to stop punishing taxpayers people are worried if we do away with two-way street. Even though we should because of where they live, because it, the budget deficit will look bigger not be in this position where the mi- they move from one State to another because we do not have the phantom nority party is trying to reopen the for work or for school, or because they tax income coming in from people who bill, we have said we are willing to en- decide to start a family. Those are not were never supposed to pay the alter- tertain a limited number of amend- the reasons on which you ought to base native minimum tax in the first place. ments. Another way to put this, I said If we have a tax hitting people who a tax on in our country. to Senator BAUCUS privately that we were never intended to pay it in the We have an important opportunity to need total transparency on this, get ev- first place, it should not be showing up take a step to deal with this. It is my erything on the table. We do not get a in the budget figures, anyway. So we hope that we will do so. response from the Democratic leader- have to worry about an offset or we I yield whatever time may remain. ship. have to worry about whether we have a The PRESIDING OFFICER. The Sen- They have taught me a few lessons burgeoning budget deficit over here if ator from Iowa. from our first go-around on this bill. I it is not there. It is a phantom. We Mr. GRASSLEY. Mr. President, I learned that you do not vote on amend- ought to do what you do with phan- want to comment on what the Senator ments too early because we know what toms, hit them with a needle, let the from Massachusetts said. happens if you do that; they get their First of all, I think everything he air out, get rid of them. Also, particularly what the Senator press release out, they lose the amend- said about the AMT, I agree with; what from Massachusetts said about hitting ment, then it comes back within a he said about the capital gains, I dis- people, it is like a geographical tax to matter of hours, sometimes two or agree with. some extent because a lot of States, three different versions of the very I am only going to comment on that such as New York, New Jersey, and same amendment. We end up voting on part that I agree with him on about the California, have a lot of high-income all of them, wasting everyone’s time. AMT. people. Therefore, they have a dis- So the extent to which we lay every- But let us have a little history in the proportionate number of people getting thing on the table and level with every- process of doing that. hit by the AMT. If you fall into that one on what we are faced with, we will No. 1, either in 1998 or 1999, we re- income class, you will get hit with it. be able to get this bill completed. We pealed the AMT. President Clinton ve- More of these people live in higher in- could finish this late tomorrow night. toed it. come States and it happens that some Unless we can get an agreement for a So we wouldn’t be dealing with this of the States are what we call blue limited number of amendments or issue if President Clinton had signed States instead of red States, so I don’t amendments in total, I don’t see any that bill. know why we do not have a massive reason but to wait until the time has In a sense I am kind of asking for drive on this side to force Republicans expired on the bill and let the so-called support from anybody on the other side to do something that is hurting your vote-arama begin one vote right after of the aisle who thinks we are not constituents. another and we spend a couple of min- doing enough on AMT. I happen to be Let’s do away with the darned tax. utes debating an amendment back and one of those who even today, 6 to 7 People aren’t supposed to be paying it forth, to have that vote-arama without years later, is for repeal. I believe it in the first place. Why are we spending an agreement. I am convinced this will ought to be repealed. We ought to have a lot of time working the issue? I save the Senate a lot of time in the a standup vote, without any points of would like to have the Senator from end. Either way, we have a limited order, and get rid of this. Massachusetts solve this problem for- number of amendments. Let us know There are Republicans who would say ever and help us repeal it, like we did what they are, have some sort of agree- if we do that in the out years, our in 1998, with a President who I am sure ment so we can get done, or have a budget might look like it has a much will sign it. vote-arama. bigger deficit than it has, and over here On a procedural matter, I wish also I yield the floor. there might be people who say if you to make a comment. My good friend The PRESIDING OFFICER (Mr. are going to get rid of this tax, you from Montana asked if we could see BURR). The Senator from Montana. ought to have an offset for it, so the what we could work on, on amend- Mr. BAUCUS. Mr. President, I lis- budget deficit does not look different. ments. I will briefly comment even be- tened with great attention to my good The reason neither one of those con- yond what he has asked us to do and friend from Iowa. I feel very lucky to cerns is legitimate is because in this try to help speed this along as best I have him as chairman of my com- bill we are talking about having the can, as to where we are. mittee. I don’t know any Member who AMT hit the middle-class Americans It has been suggested on this side is more decent and fair and in a certain whom it was not intended to hit. that Republicans work with Members sense nonpartisan than the Senator

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 493 from Iowa. I deeply appreciate his ap- those who need it the least? The Sen- tax analysts refer to as the single most proach and friendship. ate made the sensible choice when it important tax issue facing the Nation, I think he knows no one is trying to passed the tax reconciliation bill last they should know that it is because tax delay anything. This is the Senate, November by extending the protection cuts for the middle class have not been after all. The Senators on both sides of for middle-class families from the al- a priority for this administration. the aisle have the opportunity to offer ternative minimum tax. Now that the Let’s be honest. Once again, it is the amendments. That is why we are Sen- House bill is to come before the Senate, middle-class families, the hard-work- ators. We can offer amendments to this Senate must make it clear it ing families, who are struggling to send bills. Sometimes one political party is stands by that vote and that middle- their children to college, to keep up in the majority and sometimes the class families will not bear an addi- with the cost of health care, to care for other party is in the majority. As the tional burden of tax cuts for the aging parents, who pay all of their bills Senator knows, it goes back and forth. wealthy. and try to make ends meet each month I remember years when the party on In the past year, this Congress has who are being asked to foot the bill for the Senator’s side of the aisle was in given enormous tax breaks to an oil in- the top earners in our country. Why? the minority, and my Lord, we faced dustry that has racked up record prof- How many middle-class families out of all kinds of amendments because Sen- its while American drivers saw the the 17 million know right now they ators wished to offer amendments to price of gas go through the roof, and could be facing a tax increase this their points of view. given out tax break after tax break for year? I would guess not very many. It We are here today trying to work our those who need it the least, while ig- does not help that the President has way through. I have instructed Sen- noring middle-class families. been silent on this, one of the most sig- ators on the Democratic side of the I am proud to later offer an amend- nificant tax increases facing the mid- aisle to tell me all the amendments ment that will help hard-working fami- dle class. Members have and we will work our lies in America and New Jersey get The fact is many families will be way through this so we can be more real relief and to make sure in this faced with a harsh reality at the end of than accommodating to the Senator great body the middle class is heard at the year. In my State of New Jersey, from Iowa. least as clearly as the powerful and the where nearly 180,000 families were sub- My view is to lay all your cards on privileged. ject to AMT in 2003, the number of mid- Last night we heard more of the fa- the table so people know what they dle-class taxpayers subject to this tax miliar rhetoric on tax cuts. We heard are. As civil and reasonable people we will at least double if no fix is enacted. the President speak about ‘‘a massive will figure out a reasonable way to deal Average families, which are far from tax increase’’ American families will with this. We all know the rules. We wealthy and think they are below the face that ‘‘they do not expect and will will let Senators offer their amend- threshold, could face significantly not welcome,’’ if the President’s tax ments in a way that is civil, positive, higher taxes this year if we do not act cuts are allowed to expire as scheduled and accommodating—nothing personal. on the crisis at hand. For example, a in the next few years. The truth is, These are legitimate points of view typical New Jersey family with two millions of families, not only in New that 100 Senators have. I hope to get parents, where one is a preschool Jersey but across the landscape of the the list to the Senator from Iowa very teacher and the other a paramedic, country, will face an unexpected in- with three kids would be subject sud- quickly so we can work that out. crease this year if the AMT exemption I yield 10 minutes to our new Mem- denly to this new tax increase this is not extended and the President’s tax ber, Senator MENENDEZ, from New Jer- year. cuts do not include a fix for this prob- So this amendment we hope to offer sey. We are honored to have him here. lem. The PRESIDING OFFICER. The Sen- Time and time again, the President is for middle-class families who may ator from New Jersey is recognized for has pushed for his tax credits from 2001 not know a tax hike is coming and for 10 minutes. to be made permanent, which over- average families who should not be ex- Mr. MENENDEZ. Mr. President, I whelmingly benefit those who need it pected to shoulder the burden of the thank the distinguished ranking Demo- the least. More than 70 percent of the President’s tax cuts for the wealthy. crat on the Senate Committee on Fi- President’s tax cuts have gone to peo- This amendment will make very nance for yielding time and for his ple who make over $200,000, while fami- clear that our priority should be to work in preparing the opportunity to lies who earn between $50,000 and protect middle-class families from this offer this amendment. $75,000 have received less than 5 per- unintentional tax hike and that mil- Later today I intend to offer an cent of the cuts. Yet the President has lions of taxpayers should not wake up amendment, and I do certainly hope it done nothing to make the AMT exemp- next tax season to realize they owe will be in order, that lets families tion permanent, a tax which in the more in taxes even though their in- across the Nation know we are on their next 4 years will affect nearly every come has not changed. side. two-parent family with two kids earn- Let’s remember, this was a tax in- In the bill before the Senate we have ing between $75,000 and $100,000. tended to assure those making some a clear choice: We can stop a tax in- We also heard the President call for very significant income pay some crease for 17 million middle-class tax- more than just ‘‘temporary exten- taxes. It was never intended to raise payers, a tax that was never intended sions.’’ Yet the fact is all the President the taxes of average Americans. to penalize anyone considered middle has done in terms of this middle-class This is a zero-sum game. With soar- class; or we can continue to give people tax is to propose temporary extensions ing budget deficits and rapidly climb- who need it the least a break on their and only cosmetic changes while pro- ing debt, tax cuts for top wage earners capital gains at the expense of middle- posing no underlying reform to the are just one more burden being put on class workers. AMT itself. the shoulders of the working middle I thank my colleagues on the Com- Would we like to do more than a 1- class. mittee on Finance, Senators BAUCUS, year extension? Absolutely. But when The reality is, without this amend- SCHUMER, KERRY, and FEINSTEIN, who the President has directed all of his ef- ment, many families could be paying have worked very hard on this issue to forts, his priorities, and the Nation’s possibly $1,000 more in taxes next year. ensure that the final result of this bill bank account to tax breaks for the That is $1,000 more they could put in will not be a tax increase for middle- wealthy, there is little room, let alone their pocket, $1,000 more they could class families. money, left over for the reforms that use to save for their retirement, $1,000 The options before the Senate are a affect nearly 20 million middle-class more they could use for college tuition, choice of values. Do we value ensuring taxpayers. $1,000 more to help make ends meet. fairness for all hard-working Ameri- When Americans wonder why there It is clear there is not room on the cans or would we rather give a break to has been little attention on what most President’s tax cut agenda for this

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 494 CONGRESSIONAL RECORD—SENATE February 1, 2006 middle-class tax crisis. That is why we The amendment expands the existing important point that given the choice, seek to offer this amendment. This is 6-month open enrollment period from given the alternative between an ex- why it is vital this body once again the May 15 deadline to 6 months later, tension of dividend and capital gains show its support for a tax package that into December. It is going to give peo- tax provisions compared with the AMT includes an increased AMT exemption ple additional time to do the research change, it is far better for this Con- to protect middle-class families and to make the best decisions. gress to grant the alternative min- not ignore the looming crisis before us. Secondly, the amendment is going to imum tax relief than it is to grant an We in this body know the con- give to every beneficiary the oppor- extension of the dividend and capital sequences if we do not act. Many Amer- tunity to make a one-time change in gains tax reduction. icans do not. We know that if we fail to the plan enrollment at any point dur- First of all, the current law provides, act, an astounding 30 million Ameri- ing this calendar year, 2006. under what is called the alternative cans will be subject to a higher tax Now, why is this important? Well, if minimum tax—which taxpayers who rate within the next 4 years. We also every Senator here has been hearing have certain incomes will pay, basi- know what many American families do from their senior citizens like the Sen- cally middle-income taxpayers—that not—that a family with three kids ators in Florida have been hearing this year they will be paying more making $63,000 will be facing a higher from our senior citizens, you can cer- taxes if we do not change the law. And tax rate next year if we do not enact tainly understand that the senior citi- 17 million Americans will be paying this fix now. zens are very concerned. In many more taxes than they would pay under Now, I hear a lot of talk about val- cases, they are confused because of the an ordinary calculation of their income ues. With this amendment, the Senate multiplicity of plans. under the Tax Code. can decide which values—which val- As a matter of fact, in Florida, there To say the same thing differently, be- ues—it wants to embrace: rewarding are 18 companies offering a total of 43 cause of this provision called the alter- those who work hard, play by the rules, stand-alone prescription drug plans. native minimum tax, 17 million more and struggle to make ends meet, or Now, each of those plans differs in Americans will be paying more taxes— give yet another tax cut to those who terms of premiums, cost-sharing re- actually 20 million. Three million need it the least? quirements, drugs covered, and phar- Americans this last year paid more Let’s send a clear message that the macy access, and some of these plans taxes because they fell under the alter- values we embrace are the values of are very time-consuming and very con- native minimum tax. Next year, if we American families. Let’s embrace fair- fusing. So when senior citizens are tell- do not make changes for tax year 2006, ness and equal treatment for those who ing us Senators they are confused and 17 million more will be paying it, for a work hard. This is a chance for this bewildered, we ought to be paying at- total of 20 million. If we do not make body to go on record that we should tention. these changes, 20 million Americans not be imposing an unfair tax break on Now, in some cases, the senior citi- will be paying increased taxes next our middle-class families just to extend zens are frightened, as well. This is be- year, and those 20 million are essen- a tax break for those at the top. cause they know that come the dead- tially middle-income taxpayers. I hope my colleagues will support line of May 15, if they have not selected To contrast that with dividend and this amendment when it is offered, pre- a plan, they could be penalized 1 per- capital gains, current law provides for suming we have the opportunity to cent a month or 12 percent a year. That lower dividend and capital gains tax- offer it, and ensure that hard-working frightens them. What also frightens ation. That law extends, if we do noth- American families, not just top divi- them is if they pick a plan by the dead- ing, for 2 more years, until essentially dend earners, remain our top priority. line and then realize they made a mis- January 1, 2009. I also look forward to offering an take, they cannot rectify that mistake So we have a choice here, all things amendment later on with Senator KEN- for a year. That is the source of great being equal. We have a choice gen- NEDY that would expand a critical tool consternation and some fright to sen- erally because we have a $70 billion for college students and their families ior citizens. floor. The budget resolution says we under the HOPE scholarship tax credit. Now, we can easily fix this. Back in cannot pass more than $70 billion of As the first in my family to go to col- November, when we had this bill before tax cuts unless we want to override lege, I fully understand the power of us then, I offered this amendment. It that with 60 votes. We have that floor, some of these programs and how they got 51 votes. It got a majority of the and it is hard to do everything. It is helped me, in my case, be the first in Senate. But there was a point of order hard to have a capital gains extension, my family to go to college. on the budget because there is a minor and it is hard to have an AMT exten- This amendment will simply expand financial consequence to this. So under sion. But basically we have the choice what the credit can cover to include the rules of the Budget Act, there has of either preventing a tax increase this other associated costs for a college to be a 60-vote majority to pass such an year under AMT or extending dividends education. I look forward to the oppor- amendment. We got 51 votes. I think and capital gains, which need not be tunity to offer that amendment as we have a good chance to get 60 votes extended because currently the favor- well. now because of Senators having heard able dividends and capital gains is al- I yield back whatever time I may all of the confusion and the bewilder- ready in law and does not expire until have. ment and the fright our senior citizens January 2009. The PRESIDING OFFICER (Ms. MUR- are experiencing. So I will be offering The alternative is to extend capital KOWSKI). The Senator’s time has ex- this amendment at the appropriate gains and dividends from January 1, pired. time. 2009, for 2 more years and do nothing to Mr. BAUCUS. Madam President, I Madam President, I yield the floor. AMT. Or do we say, that’s not very yield 5 minutes to the Senator from Mr. BAUCUS. Madam President, I smart, we will deal with a dividends Florida. suggest the absence of a quorum. and capital gains extension later. Or do The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The we, instead say, we are not going to ex- ator from Florida. clerk will call the roll. tend something that does not need to Mr. NELSON of Florida. Madam The legislative clerk proceeded to be extended but rather we will reduce President, I intend to bring forward an call the roll. the AMT bite for this year. To say it amendment that will provide addi- Mr. BAUCUS. Madam President, I differently, will we prevent the imple- tional protections for Medicare bene- ask unanimous consent that the order mentation of the alternative minimum ficiaries during the first year of the for the quorum call be rescinded. tax this year, which has the effect of implementation of the new Medicare The PRESIDING OFFICER. Without raising people’s taxes? That is the prescription drug benefit. And that objection, it is so ordered. question. first year is right now, since it just Mr. BAUCUS. Madam President, I The Senate bill answered that ques- started. wish to make the very simple but very tion by saying, it makes more sense to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 495 prevent the AMT from going into effect income taxpayer. If you have a family It also shows that the very wealthy this year than it does to extend divi- making $80,000, they have expenses: don’t pay the alternative minimum dends and capital gains which doesn’t kids going to school—$80,000 these days tax. The wealthy whose income is, say, have to be extended anyway for the is not an awful lot of money. $500,000, $1 million, $2 to $3 million, reasons I indicated. Unfortunately, most Americans earn AMT doesn’t affect them. Rather, the The House bill, on the other hand, less than that, but an awful lot of AMT hits people whose incomes are looks at that exact opposite. The Americans earn $80,000. The point roughly between $75,000 up to, say, House bill says, we are not going to being, if you earn $80,000 roughly, then $200,000 to $250,000. prevent the increase of the alternative you probably don’t have to pay the al- Contrast that with the dividends and minimum tax this year. They are going ternative minimum tax if you have no capital gains tax relief. That is the to allow that to go ahead. Rather, they children. But this chart shows that the brown bars on the chart. What does are saying, we want to extend divi- more children you have, if you have that show? The brown bars show that dends and capital gains favorable treat- one child, two children, four children, by far the greater relief that people re- ment, even though current law gives then—and that is what the brown lines ceive from the benefit of the dividends that treatment and it is going to be in show on the chart for this year, 2006— and capital gains reduction is the very law until January 1, 2009. That is what it shows that if you have more chil- high income bracket of Americans. the House did. dren, then the level at which the AMT That is what the brown bars show. There were some on the Senate floor starts to kick in is lower and lower. That is $1 million—more than $1 mil- earlier today who said: Gee, the House That means, say, you have four chil- lion in income. The bar shows that bill is better. Why? The argument is, dren. At that level, if you are earning about over 52 percent of the relief from without addressing the timing issue, $60,000 for a family with four children, dividends and cap gains relief goes to because AMT relief is only for wealthy then at that point the AMT starts to taxpayers where incomes are over $1 Americans. That is the argument. kick in, which is to say, you start pay- million; whereas 52 percent of the AMT Whereas a dividends-and-cap-gains ex- ing more tax. tax relief goes to taxpayers in the tension gives favorable tax treatment There are other considerations, such bracket at under $200,000. Again, the to a lot broader base and maybe mid- as if the taxpayer is in a State with facts show that dividend and capital dle-income Americans because a lot of high State and local taxes. If you are gains relief goes by far to the most people have mutual funds and own in a State with high State and local wealthy Americans. Those earning $1 stocks and so forth. So, really, if you taxes, or the more children you have, million or more get by far the largest are going to help middle America, basi- et cetera, then the AMT is going to be break from this provision. Whereas the cally it is better to extend dividends much more of a bite and hurt you. The AMT tax relief does not give relief to and capital gains than it is to pass main point is, we are talking about in- the most wealthy. It gives relief to AMT relief, although we don’t have to come levels. For families with one those, as shown by this chart, roughly anyway because current law provides child, it is $72,000; for a family down on between $50,000 in income and up to those benefits. the end of the chart with, say, six chil- $150,000 and $200,000 in income. That is I would like to show with this chart dren, it is about $50,000. That is not a a big difference. a little bit about what AMT actually lot of money for a family with six kids. Again, I must remind all my col- does to rebut that point. The facts So it is a middle-income tax. leagues, the alternative minimum tax show that AMT relief helps middle-in- Before I turn to the next chart, this will be a tax this year, 2006, this year, come taxpayers a lot more than does is for this year showing what will hap- if we do nothing. If we pass the relief favorable dividend and capital gains pen if we do nothing. Those are the we are talking about here for 1 year, treatment. I will show that with a cou- brown bars on the chart. The blue bars then taxpayers who pay taxes in 2006 ple other charts. are really for last year, 2005, which will find their taxes are not increased. This first chart basically shows in- goes to show you that if we do nothing If we do nothing about capital gains come levels where the alternative min- this year, this AMT is really going to and dividends taxes this year, there imum tax starts to take hold. To re- hit. The current AMT hit about 3 mil- will be no change in taxation on divi- mind everyone, taxpayers have to lion taxpayers. This year, it is going to dends and capital gains. There will be make two calculations when calcu- hit 17 million more, for a total of 20 no change next year on income taxes lating their income taxes. One is the million. That is why there is a dif- on dividends and capital gains. regular way. You look at your deduc- ference between the blue and the brown It is abundantly clear to me that in tions, decide whether you have the lines on the chart. This year, it will the alternative, we should certainly standard deduction or itemized deduc- really start to hit. focus on passage of a provision which tions. That is the standard, ordinary This chart shows that relief from the prevents a tax increase for 2006 that way. alternative minimum tax helps tax- will otherwise go into effect rather After a taxpayer has calculated his payers more in the middle income of than not doing that, let the tax in- or her income taxes, every taxpayer the tax bracket compared with tax re- crease go into effect, and say, well, we has to then go through a separate set lief under dividends and capital gains. will extend the current law with re- of calculations. It is called the alter- The blue bars are the alternative min- spect to dividends and capital gains for native minimum tax. Under that sepa- imum tax relief. That is what the blue 2 more years, beyond 2009 into 2010. rate set of calculations, if it turns out bars show. The other brown bars show That is a no-brainer. that you owed more under the AMT relief from dividends and capital gains You might ask: Gee, why not do than under the regular tax, then that is reductions. What does this show? We both? Let’s do both. Therein is the rub the tax you pay. You pay the greater of are talking about a little bit wealthier because we have a $70 billion limit the two calculations. taxpayer. The blue bar shows if your given to us by the budget resolution AMT, when it was passed years ago, income is, say, $75,000 to $100,000, and which we all passed in this body and was supposed to hit the very wealthy. then especially about $100,000 to the other body. You can’t do it all. And That was the intention. But it has not $200,000, 52 percent of the relief of what add to that that we don’t want to, I worked out that way. The actual effect we will be enacting, if we pass the al- don’t think, worsen the deficit. We al- of the AMT is to hit essentially middle- ternative minimum tax, will be for tax- ready have huge deficits facing the income Americans. payers in that bracket. I grant you country, increasing debts on top of It comes down to the question, what that is higher than a lot of Americans, that. do you mean by middle income? That is but it still shows that beginning at We could pay for both, if we want to, the question. This chart shows that for about $50,000 of income and up to by raising taxes someplace else. That is a family earning about $80,000—that is $100,000, then it starts to fall off if you an option. I don’t know whether we becoming more and more the middle- earn $200,000. want to do that. But we cannot and

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The result at Sago, as we all know, in that moment, a budget point of order Several types of safety equipment part, is that 12 people did not live. would lie against a conference report would be eligible under my amendment Of course, training and equipping a that came back with dividends and cap for the tax benefit. First, communica- mine rescue team is expensive. Compa- gains extensions because of the outyear tions technology that enables miners nies have not committed enough re- costs, unless it is paid for. to maintain constant contact with the sources to having skilled rescue teams It is my fervent hope that we deal ground above. That would seem to be available at all times and during all with what we have to deal with now, easy; to wit, we can talk from the shifts, if there is a multishift oper- and that is the alternative minimum Moon to the Earth but we cannot talk ation. tax. Let’s not let that go into effect. from over ground 500 feet down or a Therefore, the amendment I am pro- I don’t see anybody else who wishes thousand feet down to a miner who is posing would provide a mine operator a to speak, so I suggest the absence of a trapped to take their vital signs and do tax credit of $10,000 for each miner that quorum. all kinds of things so we can protect they have trained and equipped as a The PRESIDING OFFICER. The them and get them out safely. mine rescue team member. Somebody clerk will call the roll. I am absolutely confident that the will say that is a lot of money. If a The assistant legislative clerk pro- technology for doing this exists. It is mine doesn’t have a rescue team, then ceeded to call the roll. just that it hasn’t been put into use. the chance—if there is an explosion—of Mr. ROCKEFELLER. Madam Presi- That is not fair. So there are several safely getting them out of the mine di- dent, I ask unanimous consent that the types, and I mentioned the contact minishes enormously. To me, it is akin order for the quorum call be rescinded. with ground. Secondly, electronic to the cost of doing business. Having The PRESIDING OFFICER. Without tracking devices that enable an indi- said that, the people don’t have it. I objection, it is so ordered. vidual above ground to locate miners think we have to be able to ease them Mr. ROCKEFELLER. Madam Presi- underground at all times. into it, to encourage them, incentivize dent, I ask that I be allowed to speak Third, emergency breathing appara- them to do it—not make it permanent for several minutes. tuses, including devices carried by but incentivize them to make it perma- The PRESIDING OFFICER. The Sen- miners and additional oxygen supplies nent so they get going on that. It is my ator is recognized. stored by the mine in tunnels off to the understanding that a credit of this size Mr. ROCKEFELLER. Madam Presi- side of the mine as you go down the would offset approximately 20 percent dent, I rise to let my colleagues know main shafts. of the cost of preparing a miner to be that, at an appropriate time, I plan to You are no doubt aware that Canada ready to rescue his colleagues. So it is offer an amendment to the package of had a problem very recently. They had not paying for the whole thing. tax cuts that the Senate is, in fact, these sort of sheds, little houses that I believe we need to make our mines considering today. went behind that people could go in safer as soon as possible, so I am proposing that both of these tax incen- The recent tragedy in West Virginia’s and be totally safe. In there was oxy- tives be available only for the next 3 coal mines, as well as in Kentucky, gen, food, and all kinds of things. No- years. We need coal mines that are im- highlights the need for Congress to body was hurt or killed because they proving their safety standards imme- take steps to better protect miners had equipment which we don’t have. I diately, which also gives them suffi- who have worked hard for years to ex- think Congress needs to decide wheth- cient time to find or develop the best tract the coal used to create over half er, with coal mining increasing in this of all of our electricity and the country equipment. country and with probably not much I know that in DOD, DARPA, for ex- doesn’t know it because we are always chance of doing anything major about ample, in research labs around the talking about oil. oil, we ought to be protecting our min- country—I had someone visit me yes- The amendment I am going to offer ers so they can mine coal for us. terday with all kinds of ideas, and they provides incentives for coal companies Finally, mine atmospheric moni- are working on mine safety rescue to make crucial investments in equip- toring equipment to measure the levels equipment. There just has not been a ment and training that will help coal of carbon monoxide and methane and push on the part of anybody—MSHA, miners return to their families safely oxygen in the mine at all times. That the companies, us, whoever—to get each night. The world of coal mining, is very important because often a res- more modern equipment into the as you know, is a very close one. Al- cue team, if it is in a mine, cannot pro- mines. If you are using the same oxy- most nobody ever gets to go into a coal ceed if the level of carbon monoxide, gen rescue equipment that you were in mine for the obvious reasons—its dan- for example, is too high or if methane 1977, we know that is inadequate. ger and the training needed. So as to is too high and there is a chance of an Let me answer some skeptics who that which provides the majority of explosion. Knowing the levels of all of may be wondering why we need to pro- our power in this country, people never those is important to be able to under- vide tax breaks to companies to en- get to see and understand the dangers stand that from above ground. courage them to take safety pre- involved. In addition to investment in life- cautions they ought to be required to Let me briefly explain the tax incen- saving technology, we need our mines take. That is a very fair question, and tives this amendment would create. to invest more in mine rescue teams. I am sure it will come up. First, coal companies would be allowed Experienced miners, specially trained I share the desire to mandate by, ei- to immediately expense 50 percent of to rescue their fellow workers, are es- ther Federal law or regulation, strict the cost of purchasing new safety sential in the event of an emergency. safety regulations on America’s coal equipment. This is extremely impor- I can remember when I was Governor, mines. I believe we owe coal miners the tant because American mines simply we used to have right outside my win- safest possible work environment, all don’t have the best available equip- dow, so to speak, multi-State competi- within the context of coal being the en- ment at this time. In fact, some of the tion between mine rescue teams from ergy source of the future, not exclu- equipment, I regret to say, is the most various States. Mine rescue operations sively, but the energy source, the big- important—for example, oxygen. Res- are extraordinarily complex, extraor- gest one of the future. cue hasn’t changed a whit since 1977. dinarily precise, and they have to be That said, I believe we must also act Other countries, such as Canada, New taught and practiced, and they have to in good faith with coal companies. This Zealand, and Australia, have much keep at it. So that it is in our interest is not a punishment. This is about im- more advanced mining equipment than that, unlike what happened at Sago proving the situation. If we are asking

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 497 them to make substantial new invest- bolster U.S. competitiveness. Just last ening civilizations, with over 2.3 billion ments in specific technology and train- week, I unveiled plans for a com- people between them, are on the ing, it is appropriate to offer tax relief prehensive legislative effort to bolster march. Their confidence is palpable. to lessen the impact of those invest- U.S. competitiveness from education to Are we prepared to meet the challenge ments at least for a period of 3 years. savings to innovation and research. I they present? Of course we are. We are Following any kind of accident in a invite the President to support these Americans. We have a great history of mine, the most important things are provisions, to support this agenda. I meeting challenges. America is capable locating the miners underground—that look forward to working with him to of overcoming any challenge. We are is very hard to do now—commu- turn these proposals into law. Only by capable, but we must act. nicating with them—and that is hard working together can we ensure that America remains the world’s eco- to do now—making sure they have suf- we keep America first in the world, nomic powerhouse—very much so. We ficient supplies of oxygen until they preserve its economic leadership, and are undisputed today. We lead all are rescued—and that is very hard to assure jobs and prosperity for Amer- major economies in output. Our compa- do now since the oxygen usually runs ican generations to come. nies’ workers grow more productive out after 1 hour—and having skilled ‘‘Competitiveness’’ is an amorphous each year. However, we also have to and well-trained mine rescue teams term because it covers some different face facts. In many important areas, quickly available. areas, from international trade to edu- America is beginning to lose its com- These are worthy results. Sometimes cation. But these are the issues which petitive edge. people say: Can a mine afford it? The are critical to our future. Why? Be- In information technology, we have answer is yes. Look at the Sago mine cause the world is changing, and for lost our preeminence, falling behind in northern West Virginia. That is America to remain on top, we have to Singapore, Iceland, Finland, and Den- going to be closed for a long period of make sure our domestic house is order. mark. At the same time, Federal sup- time. What they are losing in the way I just got back from a 10-day trip to port for R&D is in a 30-year decline. of their bottom line compared to what China and India. I must tell you, it In education, we have neglected our I am talking about here isn’t even was, to say the least, very eye-opening. human capital. When I started in the In China, I saw gleaming super- Senate, America ranked third in the close. So I think it is in our interest to highways burrowing through brightly world in the share of young people with do this, and I really believe that. Miners deserve to know that in the lit tunnels. I saw robots stacking the science or engineering degrees. Thirty years later, we have slipped—not back event of an accident that their employ- shelves of a Chinese computer com- to 3rd, 4th, or 5th; we have slipped to ers have made the investments nec- pany. I saw teams of Chinese research- 17th. In global rankings of math, read- essary for their safe return. The ers determined to discover the next big ing, and science skills, our 15-year-olds amendment I am proposing today will thing. I saw capitalists and entre- have also fallen even further behind stimulate such investments. preneurs betting on China’s rise. I saw a confident middle class ready for the 17th in the world. In closing, I am very pleased to be In health care, rising costs threaten working with my colleagues on the Fi- future. It is astounding. We all know that. to cripple many companies. Too often, nance Committee, Chairman GRASSLEY Every time you go to China, it is amaz- employees have little or no health care and Senator BAUCUS, on this proposal. I ing how much more advanced they are coverage. The average American spends am grateful for their cooperation and compared to the previous visit. I was more than $5,000 a year on health care assistance as we try to make coal there only a year earlier. costs—twice as much on a per capita mines safer. And I am very hopeful After a quarter century of growth, basis as the next most costly country. that these investment incentives can China is set to become the world’s larg- We spend twice as much on health care be included in the tax bill before the est economy by about the year 2030. in America as any other country. I ask, Senate. Just think about that. By 2030, China is are we twice as healthy even though we I yield the floor and suggest the ab- positioned to become the world’s larg- spend twice as much per person? Clear- sence of a quorum. est economy. China is already the ly, the answer is no. We must cut back The PRESIDING OFFICER (Mr. world’s third largest exporter. China on the cost we pay for health care. COBURN). The clerk will call the roll. has surpassed America as the largest In international trade, over the last The assistant legislative clerk pro- exporter of information technology few years we have distanced ourselves ceeded to call the roll. products. from Asia, leaving China to engage the Mr. BAUCUS. Mr. President, I ask India, I might say, is no different. region. By not pushing to open the unanimous consent that the order for There, I saw confident, young engineer- world’s biggest markets and not ex- the quorum call be dispensed with. ing students who have no doubt that plaining the importance of trade, this The PRESIDING OFFICER. Without the India of tomorrow will be better administration fosters surging protec- objection, it is so ordered. than the India their parents left them. tionism. Mr. BAUCUS. Mr. President, I was I saw information technology compa- To make that same point, I heard pleased to hear President Bush talk nies where state-of-the-art technology constantly in Asia, China, India, and last night about the U.S. economy in has made them global technology lead- Singapore—I had a very long conversa- the State of the Union Address. Some ers. I saw Indian Government leaders tion with Lee Kuan Yew, who is the of the other proposals of the President, bent on making 21st century India the wise man of Singapore—where is Amer- such as reducing the deficit and mak- world’s success story. ica? Where is the American Govern- ing the R&D tax credit permanent, As a side note—it is a very small ment? There are all kinds of inter- make a lot of sense. I strongly support point but not so small—I asked the national trade negotiations and fo- them. Others, such as his proposal on head of a major high-tech research cen- rums. We don’t show up. We don’t par- health care costs, frankly, would do ter in India why they are in India. ticipate. I asked: What about our com- very little to rein in soaring health What is the answer I got? The answer I panies? Our companies are not there. care costs that we see. And that is im- got was because India has the greatest Sure, we have American companies in portant, frankly. We must do more to talent pool for engineers and scientists. China. In India, I heard constantly rein in health care costs because they I asked, What is the next best coun- from every person I spoke with that we serve as a drag on the competitiveness try? can’t find Americans; we need Amer- of American industry. But there are China, he said. ican companies to do business in India. certainly areas where we can work to- I asked, Where is the United States? There is a big, fancy subway, for ex- gether on health care. Sorry, Senator, you are down the list ample, in New Delhi. When you think For the past year, I have made a pretty far. of New Delhi, most Americans don’t number of statements on the steps our That is a small slice of what we are have an image of tall, gleaming sky- country must take, in my judgment, to going up against. These two reawak- scrapers as in Manhattan. Think of

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 498 CONGRESSIONAL RECORD—SENATE February 1, 2006 Delhi, India. It is a huge city. There is savings rate. We also on average spend years. Some students may become very a New Delhi and an Old Delhi. But more than we save. We charge up our fluent in Chinese. Even for those stu- India and Delhi have a subway system credit cards, mortgage payments, and dents who don’t become fluent in Chi- built, completely finished, and it is we spend more than we save. That adds nese, what does it do it for us and for gleaming. It is fancy. It is up to date. up. After a while, it catches up to us. our kids to think a little bit more Guess what. Cell phones work in the What about other countries? In about overseas, about Asia, think more New Delhi subway. In a lot of Amer- China, the personal savings rate is internationally, think more about ican subways, you can’t turn on your about 40 percent. About 40 percent of what is going on in the world? When cell phone. They are not wired for cell what the Chinese people earn, they some event occurs in a country—it phone use. You can in India. And they save. There are similar, high statistics doesn’t have to be China—if you study plan to build subways in 18 other cities in other Asian countries. Japan—I do Chinese, it will help. You will think in that country. not know the exact figure; I know it is about it more and read the newspapers Finally, our macroeconomic fun- high. In Singapore, it is about the same or watch the news. You will begin to damentals are at a danger point. That level. In India, it is very high, too. think about how these things are inter- is a fancy term. What does that mean? Some might say that is because those related. Essentially, it means that we are in countries don’t have savings accounts; We have to strongly boost our edu- deep financial trouble. Our country is they don’t have Social Security, as cation system. I must say that I take set to rack up another record account well, as we have; they do not have my hat off to the Chicago school sys- deficit. That is another big, fancy health care benefits or pension plans as tem for offering Chinese at every single word. It basically means we are im- lucrative as ours. Ask any American level, K–12. porting a lot more materials and goods how well our savings plans are working I applaud the President’s recognition than we are exporting. That is the cur- and how health care benefits are work- of energy as a critical facet of our Na- rent account deficit. ing. We have a problem. tion’s competitiveness and the critical We borrow more than 80 percent of The point is, they are saving and we factor that innovation and R&D play in the world’s savings. Think of that for a are not saving. They are saving, we are ridding ourselves of our dependence on second. Americans borrow more than 80 spending. They are investing, we are Middle East oil. The President said last percent of the world’s savings. consuming. After a while, that catches night that we are addicted to foreign Our net foreign debt has not been up. oil. We are at our peril. The sooner we this high as a percentage of gross do- As I said, I don’t pretend to have all wean ourselves from OPEC and become mestic product—that is how we count the answers. But we have to start tack- more self-sufficient, the better off we our economy—since Grover Cleveland ling these questions right now. I invite are all going to be. was in the White House. This is my colleagues on both sides of the aisle What can we do about it? unsustainable and costly. And too few as well as the administration and any- I will invite the President to support people think about it. When they do one in our country to join me in enact- my energy competitiveness bill. What they wonder, Why didn’t we do some- ing these bills. does it do? It will create a new agency, thing about it earlier? I welcome the President’s focus on what I call the Advanced Research Do we just put our heads in the sand education. I will soon introduce what I Projects Agency, or ARPA–E, modeled and give up? No. Clearly, we must call the Education Competitiveness after the Defense Research Projects choose a path to greater economic Act, designed to make the priority of Agency, which is so helpful in pro- competitiveness. That means taking lifelong learning an inseparable part of advantage of opportunities we see and viding so many cutting-edge tech- American society and American cul- meeting our challenges head-on. We nologies. It will help provide cutting- need a comprehensive agenda for a 21st ture. We have to continue to be edu- edge research to break out of the en- century competitive economy. We cated to grow and learn. My bill will ergy squeeze that we now face. must look inward and scrutinize our encourage more students to go into Last night, the President mentioned own policies thoroughly, comprehen- math and science by funding college programs within the Department of sively, and honestly. Look at the facts, scholarships for the sciences, providing Energy. I think that is good. My per- put aside ideologies, put aside partisan- free tuition for science and engineering sonal view is that this is such an im- ship. The stakes are just too high. students, and creating partnerships portant issue, we have to have a sepa- I have spent much of the last year at- with employers and continuing edu- rate outfit called ARPA–E; otherwise, tempting to develop such an agenda— cation centers to meet the technology it will be consumed in the Department not perfect, clearly. I have no monop- needs of companies. I will also propose of Energy. I worry that it is going to be oly on the best ideas. But I believe we legislation to invest in our teachers by lost in the bureaucracy much too soon. must start, and I have done my best to raising starting salaries and providing It has to be a lean, mean agency. start. loan forgiveness for teachers. I also support the commitment to ex- In the coming months, I will launch I was very impressed a couple of pand research and to make permanent seven individual legislative proposals nights ago to see on the evening news the research and development tax cred- to address America’s competitiveness that in the city of Chicago, Chinese it. I will introduce a research competi- in education, energy, health, savings, language is offered at every level K–12. tiveness bill in the coming weeks research, tax, and international trade. Chinese language is offered in the Chi- which does just that. The tax credit is That is how we can compete better—by cago school system. That is incredibly not enough, especially when it comes improving our education dramatically. important. I wish Chinese were offered to basic research. We have to do more How do we wean ourselves from in many more American school sys- than the R&D tax credit. I believe OPEC? Thank goodness the President tems. Why? Because Chinese is the lan- more support for private and public re- mentioned that, and I praise him for guage that is going to be very impor- search partnerships can be an effective his comments in the State of the Union tant down the road. Sure, English is vehicle for basic research. They can last night. going to be the major language in the help find the resources for more basic How do we address this health care countries of the world. That is abso- research. problem in America, the high cost of lutely clear. But the more we under- We did this in the 1980s when semi- health care, and make sure more Amer- stand Chinese, the more we are going conductor companies and the Govern- icans are covered? How do we encour- to help. We can learn the Indian lan- ment collaborated to share risk and le- age more savings? That is a bit alarm- guage and lots of others, too, but Man- verage discoveries for semiconductor ing. I know that it is just a statistic. It darin Chinese is going to be very im- technology. It is called Semtech. It was is still quite alarming. portant in the future. in Austin, Texas. I spent a couple of We Americans are not savers. We Also, students might not be fluent in days there and was very impressed Americans have a negative personal Chinese. They may just take 2 or 3 with what they have done. It was so

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 499 successful it helped support semicon- which continue to crave American in- I close by saying competitiveness is ductor technology that has spun off. vestment. We pass laws to encourage the key to America’s future. Bolstering Semtech is no longer necessary. It our companies to export and to do busi- our great companies’ competitive po- would get us jump-started in meeting ness overseas. We must do that to help tential will allow us to ensure that we the Japanese and other challenges American companies strive and do leave our children more productive, where countries are underwriting the well, so long as they pay attention to more prosperous, and a more secure development of semiconductor produc- local workers. We must let them know America than our parents left us. This tion. their Government has their back and is important. It is very difficult to get I welcome the President’s focus on that foreign markets are open and stay our hands wrapped around it. But the savings and acknowledge the need to open when they play by the rules. We more we do and the earlier we do so, address mounting Government costs have to make sure the countries play the better off we are all going to be. and the growing deficit. We should not by the rules. They are not playing by I yield up to 20 minutes to the Sen- focus solely on programs such as Social the rules as much as they should and ator from Rhode Island, the ranking Security and Medicare if we are going could. Democrat of the Joint Economic Com- to address this problem. Rather, it is Take intellectual property, for exam- mittee, the senior member of the Com- time to explore every nook and cranny ple. Many countries overseas—China, mittee on Armed Services. for opportunity to bring the deficit India—are making some progress, but The PRESIDING OFFICER. The Sen- down, to look at corporate tax loop- we are losing all kinds of dollars be- ator is recognized for 20 minutes. holes, and to close the annual $300 bil- cause America is not enforcing the Mr. REED. Mr. President, it is my in- lion tax gap. rules sufficiently for other countries. tention when it is appropriate to offer What is that? What is the $300 billion I will introduce a trade competitive- an amendment entitled Strengthening annual tax gap? Every year about $300 ness bill to make the administration America’s Military. This amendment billion in taxes legally owed is not col- more politically accountable to Con- will repeal the extension of tax breaks lected. We can do better. I don’t know gress, identifying and pursuing the for capital gain and dividends and in- if we can get it all, but we ought to get most egregious foreign market access stead use the funding to give our mili- the lion’s share of that collected. That barriers. It will build on an idea of Sen- tary some of the vital help it needs. is a way to help pay for some of these ator STABENOW of Michigan to create a There is no question we have the most things, the investments we have to new Senate-confirmed chief trade pros- formidable military in the world. It is make. Let’s do a better job in closing ecutor at the USTR dedicated to inves- a combination of the courage and skill the tax gap. The IRS is working on it. tigating and prosecuting trade enforce- of our fighting men and women, to- I have prodded the chairman of the ment cases. gether with the best technology. But committee, Chairman GRASSLEY, many Then we have taxes. The President’s we have to ensure that this Army and times. The time has come to light a focus there is not quite properly our Marine Corps and all of our mili- bigger fire, accelerate this effort to placed. We need to make sure our tary forces are adequately equipped. make sure that most of that $300 bil- international tax rules, which were It is a question of priorities. As mem- lion of taxes legally owed to Uncle Sam written in a time when U.S. businesses bers of this administration are quick to is collected; otherwise, we are sub- were the only players on the block, are point out, we are a nation at war. But sidizing $300 billion worth of deadbeats changed. Make sure they provide other they have not asked all the people of because those taxes are not collected. businesses flexibility to compete. this Nation to sacrifice for that war, A savings competitiveness plan such The Tax Code contains a number of something this country has done in alas the savings competitiveness bill I anti-abuse rules so companies cannot most all past conflicts. There are lit- will introduce will make certain the shelter passive income but must allow erally thousands of young Americans Federal Government spends taxpayer U.S. businesses to redeploy the reserving and sacrificing in Afghanistan, dollars wisely. We can accomplish that sources from active to foreign oper- Iraq, and around the globe. Their fami- objective if, when we spend money ations, as their competitors already do. lies sacrifice as they wait for them to around here, we pay for it; otherwise, I will review these rules, as well as return. Their communities have sac- the debt and deficit keep building. We transfer pricing rules, cost recovery pe- rificed as they have seen National are borrowing more and more. We can- riods for business assets, and the inap- Guard units mobilized and sent over- not continue this borrowing binge. propriate use of offshore tax havens to seas. But the vast majority of Ameri- It must also create incentives for pri- make sure U.S. businesses can compete cans has not been summoned to this vate savings by pursuing the automatic fairly on a level playing field with both great struggle. I argue now is the time enrollment savings plan. Make the tax domestic and foreign competitors. where such sacrifice is necessary, par- credit permanent for savers. There are A final element of my plan is health ticularly among those who benefit a lot of things we can do on the edges care. That is where the President’s ad- most from society. that will snowball as we increase per- dress fell short. The President offered Rather than debating whether to ex- sonal savings in the country, which some options for some Americans, but tend certain tax cuts, we should con- clearly is needed for investment in en- as broad health care solutions, they sider ways to increase Federal revenues ergy, other technologies, education, in may not be doing very much to control to pay for the costs of the war, some- training programs to assure people costs or expand health insurance cov- thing the country has done in almost they can keep their job, and if they erage. In fact, Americans who need all past military conflicts. To raise the cannot keep the job, they can make the health insurance coverage the most additional revenues needed to equip adjustment to a new job; otherwise, could pay more out of their pockets our military, we first need to remove with all the hundreds of thousands of under health savings account plans. the provisions in the tax reconciliation people who have been laid off in compa- The President ignored the health bill that extend the lower tax rates on nies in America because of global com- care elephant in the room: the prob- dividends and capital gains. petition, they will not have a stake in lems our seniors are having with the There are many reasons to oppose what we are trying to do. We have to drug care benefit. I am surprised he did the extension of the lower tax rates do this together as a country. I cer- not mention that. It is on seniors’ and dividends on capital gains, but the tainly believe increasing the personal minds. We have to address that. key reason is the fact they are unfair. savings will be a large part of that. My health competitiveness legisla- Most of the tax goes to upper income Then we have to turn to inter- tion will invest in innovation, in effi- families: 53 percent of the tax goes to .2 national trade. Competitiveness re- ciency, and also will put emphasis on percent of families who have incomes quires we break down market access making Medicare move toward pay for of $1 million or more; 78 percent of the barriers and seek opportunities in for- performance as we get better quality of tax goes to families with incomes of eign markets such as China and India, value for Medicare dollars. $200,000 or more.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 500 CONGRESSIONAL RECORD—SENATE February 1, 2006 Secondly, there is a host of offsets the high altitudes. It is extremely dif- state of 30 pieces of equipment, pre- that Democrats and Republicans alike ficult for our helicopters and our fixed- dominantly tanks, vehicles, heli- have supported. As the ranking mem- wing aircraft to operate, particularly copters, and aircraft. It made several ber on the Budget Committee, Senator helicopters. These are very demanding disturbing observations. It stated: CONRAD has long pressed for such environments and they are taking GAO’s analysis showed that reported readi- amendments, including shutting down their toll on equipment. We have to en- ness rates declined between fiscal years 1999 abusive tax shelters, ending a loophole sure that our military forces have this and 2004 for most of these items. The decline for oil companies that lets them avoid equipment. in readiness, which occurred more markedly taxes on foreign corporations, and end- in fiscal years 2003 and 2004, generally re- Let me further point out, we are not sulted from 1. the continued high use of ing the tax benefit for the leasing of talking about buying a new class of equipment to support current operations and foreign subway and sewer systems, re- ships or planes. We are just talking 2. maintenance issues caused by the advanc- quiring tax withholding on Govern- about taking those vehicles that have ing ages and complexity of the systems. Key ment payments to contractors, and re- been run down because of combat oper- equipment items—such as Army and Marine newing the Superfund tax so polluting ations and bringing them back into the Corps trucks, combat vehicles and rotary companies pay for cleaning up toxic shop, fixing them, repairing them, and wing aircraft—have been used well beyond normal peacetime use during deployments in waste. These offsets, included in this getting them back to our troops. If we amendment, more than meet the equip- support of operations in Iraq and Afghani- do not do that, then what we are going stan. ment needs of our soldiers, and as such, to see—perhaps not this month or next the remaining revenue will go for re- In sum, we are wearing this equip- month or this year but inevitably—is ment out in combat operations over- ducing the deficit, another important that our forces will be sent out with goal and need. seas that are continuing today and will equipment which is inadequate, which continue for the foreseeable future. When I say ‘‘equipment needs,’’ I is literally, perhaps, falling apart. mean repairing, rehabilitating, and re- This equipment is essential for our de- We owe it to these soldiers, we owe it fense and for the protection of our placing, or what the military calls ‘‘re- to these marines, we owe it to the Na- setting and recapitalization’’ of the military personnel. We have to do this. tion to make sure they have the best It is unavoidable. And the question, equipment of the Army and the Marine equipment, the best maintained equip- Corps which is being used in Afghani- again, is very clear: Are we going to ment. That is going to cost a lot of give a dividend to the wealthiest Amer- stan and Iraq. money. The question here today is, I recently returned from my seventh icans or a dividend to our troops in the very simply: How will we pay for it? Do trip to Iraq and my fourth trip to Af- form of equipment they can rely upon, we give tax breaks to the wealthiest ghanistan. I was impressed by the su- equipment they can use to defend us, Americans in terms of dividend pref- perb dedication and professionalism of equipment that will protect them, our fighting men and women. However, erences, or do we give a dividend to our equipment that will assure their fami- it is clear to me and to many experts soldiers and marines? And the dividend lies they have the best, so when they who study the military that our Armed is equipment they can count on—reli- bid them farewell, as their unit de- Forces, particularly our ground forces, able, well-maintained equipment, ploys, they will not have to worry that are suffering from the strain on per- ready for battle. I would vote for a div- equipment will break down and endan- sonnel and equipment. idend for our troops, not special divi- ger their loved ones? That is our job. An article in today’s USA Today dend treatment for the wealthiest To me, the choice is pretty clear. notes that the war in Iraq is taking the Americans. This report of the GAO goes on to biggest toll on military equipment In a briefing given to staff members say: since the Vietnam war. of the Armed Services Committee this Until the DOD ensures that condition Last week, the National Security Ad- month, the Army estimated over the issues for key equipment are addressed, DOD visory Group, chaired by former Sec- next 6 years it will cost approximately risks a continued decline in readiness trends, retary William Perry, released a report $35.6 billion to reset and recapitalize which could threaten its ability to continue meeting mission requirements. The military about the strain and risk for our mili- the force. Last November, the Marine Corps es- services have not fully identified near and tary. In their words: long term program strategies and funding Given the harsh environment of Iraq and timated it would cost $11.7 billion to plans to ensure that all of the 30 selected Afghanistan [resetting the force] is proving repair and replace their equipment equipment items can meet defense require- more extensive and expensive than in pre- over the next 5 years. ments. vious operations. Estimates of the cost of re- These are costs that are already in- This language is very disturbing. It habilitating Army equipment coming back curred. We cannot avoid them. This is suggests rather strongly that the read- from operations overseas continues to grow not buying new things we need or want. iness of our military forces is in ques- . . . in addition, both the Army and the Ma- This is fixing what we have and must rine Corps expect to see increasing costs as- tion in terms of equipment, certainly, sociated with recapitalizing aging forces and operate. And there is no end in sight to if we do not respond quickly. And ‘‘re- transforming their capabilities for a broader our operations in Afghanistan and Iraq. spond’’ does not simply mean borrow range of 21st century missions. We hope that improvements in the se- some more money and throw it at the Gary Motsek, the Army’s Deputy Di- curity climate will allow forces to be problem. To me, it means making sure rector for Support Operations at the redeployed, equipment to be rede- our priorities are such that we can af- U.S. Materiel Command, has stated the ployed. But any sensible observer in ford to do this not just today but in the Army has to repair or rebuild virtually both countries would tell you quickly years ahead. everything that goes to Iraq. If you that our presence will be long term and Another GAO report states that more have been to Iraq—and I know many of the demands on our troops and equip- than 101,000 pieces of National Guard my colleagues have—this is an intense ment will be there not just this year equipment, including trucks, radios, and difficult environment to operate but for many years in the future. and night vision devices, have been equipment; certainly intense and dif- GEN Paul Kern, who just retired as sent to soldiers in operations overseas. ficult for military personnel there. The head of the Army Materiel Command, This means the Guard does not have temperatures in the summertime can gave an estimate of between $60 and the equipment it needs to respond to get to be 120 degrees. There is sand $100 billion to replace the Army equip- crises here. It is another aspect of our throughout the country which is ment alone—just the Army equipment: deployment situation. We have shipped sucked up into the blades of heli- to replace it, repair it, get our troops Guard units over along with their copters, into the intakes of moving ve- back to the condition they were before equipment. The equipment has stayed hicles on the ground. The wear and these operations began in Afghanistan behind. The Guard has come back. If tear is extensive. and Iraq. there is a crisis in the homeland, if The same is true with Afghanistan. It Last October, GAO released a report there is a natural disaster, we are de- is very difficult, in addition, because of on military readiness. It assessed the ploying Guard units without a lot of

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 501 the equipment they had just 2 or 3 soldiers and marines and sailors and what we care about in terms of sup- years ago, a lot of the equipment which airmen and airwomen give us every porting the military than any speech is essential to their plans to respond to day. given by any politician in Washington crises in the homeland and natural dis- Secretary Rumsfeld says we have the or elsewhere. asters. finest fighting force in the world. I That is our responsibility today, to I believe this problem was exempli- agree with that. The difference is, I stand up and be counted—like those fied during Katrina when the Guard want to keep it that way, and I want to troops are standing up and being stated its communications equipment do it honestly. I want to do it by pay- counted—to take care of their needs, had been overseas and, therefore, it ing for it. I want to do it by making and do it responsibly, not add more to was unable to operate effectively in the sure we set the priorities right here, the deficit, not add more force to choke aftermath of the disaster. now, not simply borrowing more off, eventually, the funding they need There are real costs that we have to money, going down the road borrowing so desperately to do their job so well. face today, and we have to face it not again and again and again because More than anything else, when sol- simply by charging it to the next gen- eventually—and I believe the military diers go out on operations, they and eration but by biting the bullet, asking understands this—we are not going to their families want to be certain they people to make sacrifices. And, again, be able to fund these operations and have the best equipment and that that when the sacrifice is the choice be- these requirements by simply having equipment is well maintained. Rather tween a dividend that accumulates for supplemental appropriations every than providing dividends to the the very wealthiest Americans or a div- year which are outside the budget. wealthy, let’s provide our troops with idend for the troops, give the dividend At some point, the effect on our an equipment dividend. to the troops. economy, the effect on our fiscal pos- Our fighting men and women have Mr. President, these reports are ture is so crippling that we will have to volunteered to risk their lives every warning signs. Now, Secretary Rums- scale back. And the people who will be single day in a war zone for the rest of feld continues to state that our troops squeezed out, then, will be the soldiers us. They deserve the best, and we owe are performing well and are battle and the marines and the sailors and it to them. hardened. He is absolutely correct. But airmen and airwomen we count on I urge my colleagues to support this our troops and their equipment cannot today to defend and protect us. amendment. To me, the logic is com- continue to perform well without the The Perry report makes the fol- pelling. The need to help is there. Let’s proper upkeep. Our troops need a lowing recommendation: put our actions where so many times break, and their equipment needs to be In order to restore the health of U.S. our words are. repaired and refurbished. I think he has ground forces in the wake of Iraq, the nation Mr. President, I yield back the re- to distinguish, and we all have to dis- must step up and invest substantial remainder of my time to the Senator tinguish, between the individual valor sources to reset, recapitalize, and modernize from Montana. and skill and patriotism of soldiers and the force. . . . Restoring the health of both The PRESIDING OFFICER (Mr. services is not a matter of simply returning marines and their units and the insti- them to their status quo; it is a matter of en- DEMINT). Who seeks time? tutional Army and Marine Corps, with suring that they are organized, trained, The Senator from Iowa. their need to continue to provide ade- equipped and restored to meet the full range Mr. HARKIN. Mr. President, once the quate equipment for all of these troops of traditional and nontraditional challenges Senate amendment is laid down, I in- and these units. in the future. tend to offer an amendment for myself There is no doubt about the fighting Next year alone, in the budget and and Senators KENNEDY, KOHL, and spirit and fighting skill and the tenac- the supplemental, the Army needs $23 LEVIN that will eliminate a very expen- ity and the experience of these units billion and the Marines need $7.5 bil- sive pair of provisions contained in the today. But you have to look very clear- lion for reset and recapitalization— 2001 tax bill, most of the benefits of ly at the capacity of the Army and the again, military terms for repairing, re- which go to those individuals in Amer- Marine Corps to generate the equip- habilitating, getting the equipment ica making over $1 million a year in in- ment and rehabilitate the equipment back up to operational readiness. While come. The amendment I intend to offer and repair the equipment that these we have yet to see the President’s would take that money and increase soldiers and marines rely upon. budget, or the supplemental, it is not the benefits going to working-class Secretary Rumsfeld says reports such guaranteed these needs will be funded. families trying to cover the costs of as the Perry report I mentioned and In recent years, the President’s budg- daycare for their children or elder care the report by Andy Krepenevich—a et requests and the supplementals have for their parents. And the rest of the former military officer who was actu- provided less funding than the military money would go for deficit reduction. ally commissioned by the Pentagon to services have requested. Furthermore, The bill we will have before us, as do the report, and who looked at it and if it is funded, this just covers this soon as the Republican leader lays reached the same conclusions, essen- year’s bill. These bills will continue on down the Senate amendment, will tially, as the Perry report—he says for many years. sharply increase the deficit in future they were looking at old data when As I pointed out before, at some years by as much as $70 billion. Again, they found that the military was point economic pressures—and, iron- most of the benefits, as usual, go to strained. There Secretary Rumsfeld is ically, those pressures will be more se- taxpayers making high incomes. wrong. These reports were not looking vere if the situation in Iraq and Af- Indeed, the House bill is even worse, back, they were looking forward. And ghanistan begin to resolve them- with 40 percent of the benefits going to they see danger ahead, and make the selves—those pressures could curtail those making over $1 million per year. point very clearly that our Army is not the adequate funding necessary to fully Forty percent of the benefits in the broken, but the strain is increasing. care for this equipment and the per- House-passed tax bill go to those indi- And if we do not act now—responsibly sonnel who operate this equipment. viduals making over $1 million a year. now—to fix these problems, the future It is time we asked Americans to sac- Now, the chairman of the Finance ahead is dire, indeed, for our forces in rifice a little for those who do so much Committee in the Senate discussed how terms of their readiness, in terms of for us. As someone who commanded a this measure contains a 1-year exten- their equipment preparedness, and in company of paratroopers in a younger sion of relief from the AMT, the alter- terms of the strain on our personnel. day, I can tell you, there is nothing native minimum tax. He correctly The responsible thing to do is not more disconcerting to morale than not noted there are millions of people who simply go out and borrow $50 or $60 bil- having good equipment to do your job. would face a tax increase if the 1-year lion more and add it to our deficit, it is Not only does it endanger the soldier fix in the Senate bill is not passed. to make the hard choices here, to de- and the marine, it sends a much Well, it should be passed. But I believe mand a little of the sacrifice that our stronger signal about our priorities and it ought to be fully paid for.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 502 CONGRESSIONAL RECORD—SENATE February 1, 2006 Fixing the AMT problem in the long That is setting the groundwork for families. Right now, the maximum term is likely to cost about $860 billion my amendment because my amend- amount that can be taken is $3,000 for from 2007 to 2017—$860 billion. So it is ment seeks to do something about a child or dependent care or up to $6,000 a big problem. pair of the provisions which were infor two or more. That was set some Well, why do we have this big alter- cluded in the 2001 tax bill that is gross- years ago. Clearly, dependent costs native minimum tax problem that the ly unfair. It is a provision in the 2001 have been rising. My amendment would chairman of the Finance Committee tax bill that I defy any Senator—I ask increase the amount of dependent care was talking about? In large part, it is if there is any Senator who has cor- costs that can be taken against the tax because of the way the 2001 tax bill was respondence from individuals saying credit to $6,000 for a single child or any put together and pushed through by that they want these two provisions re- other dependent or $10,000 for two or the Republican majority. That meas- pealed. I would like to see it. These two more. ure, very much on purpose, doubled the provisions called PEP and Pease. The amendment also increases the number of people who would be af- Rather than get into the ways to de- percentage of the credit that can be fected by the AMT in the long term, scribe it—it is a little convoluted. It taken. Right now, a taxpayer with while only fixing the problem for the has to do with deductions and how you $50,000 of income gets a 20-percent cred- first couple of years. figure deductions on upper income peo- it. Under my amendment, that would Now, I have here a chart prepared by ple and exemptions. That is basically increase to 30 percent, and then, as in- the Joint Tax Committee, which was it. come increases, it would phase out and prepared when we were considering the What happened in 2001 in the tax bill go down to 20 percent. So for a person 2001 tax bill. People knew about it. is they said: Beginning this year, in making $50,000 a year, this could in- What is important to note is, this 2006, we will phase out provisions of the crease the size of the tax credit from chart was prepared in 2001 by the Joint tax laws that were put in in 1990. The $1,200 a year to $3,000 a year. That is Tax Committee. We had this data be- first year to go into effect may have meaningful. That would help working fore us before the Republican majority been either 1990 or 1991. It was put in families with their childcare or depend- pushed through the 2001 tax bill. We by President George Herbert Walker ent care costs. had it before us. Prior to the 2001 tax Bush. Why? To reduce the deficit. So The cost of improving this credit bill being passed, we could see that in we lived with these provisions from would be about $2 billion, while elimi- 2006 the estimate was that about 8.7 1990 until 2006—16 years. nating PEP and Pease would save million taxpayers would be affected by What my amendment does is three about $23 billion through 2010. So the the alternative minimum tax. Going things. It stops the phaseout of these rest of that would be used for deficit out to 2010, there would be 17.5 million. PEP and Pease provisions, which, as I reduction. But the big gains would They passed the 2001 tax bill. Look pointed out, helps mostly those mak- occur in the long term, since the full what the Joint Tax Committee said ing over $1 million a year. And it will savings are expected to be over $140 bil- would happened if the bill became law. cost the Treasury $29 billion between lion in the decade after 2010. By 2006, the amount of taxpayers af- now and 2010—$29 billion that we will Again, the repeal of these PEP and fected by the alternative minimum be collecting taxes from high-income Pease provisions, which overwhelm- tax, an estimated 19.6 million—over people which will go into the Treasury ingly benefit the wealthiest Ameri- double what it would have been had we between now and 2010 will not be col- cans, was included in the 2001 tax bill. not had the 2001 tax bill passed. In the lected. And in the decade after that, But the effective date was delayed first years, they are all about the same the cost of this phaseout is $146 billion. until 2006 which took a far smaller amount of taxpayers because they in- My amendment stops this phaseout. share of what could be spent in the cluded a short-term fix to the problem. It reallocates the savings in the com- first 10 years. But like other provisions It explodes in 2005 and 2006, and it ex- ing 5 years to reducing the deficit and in the 2001 tax bill, it created a bow plodes in 2007, 2008, 2009, and 2010. a portion of the savings to helping wave of debt beyond. We simply cannot So for the chairman to say that we child and dependent care. Again, the afford it. have this big problem and we have to need for this is overwhelming and obvi- Five years after the passage of the do something about it—well, yes, but ous. This fiscal year alone, in order to 2001 tax bill, the chickens are now com- why do we have this problem? We have pay for the Iraq war and hurricane ing home to roost. We now know the the problem to a significant degree be- damages, the deficit is expected to true cost of those 2001 tax cuts. They cause of what they did in the 2001 tax climb back toward $360 billion, close to have created a string of record budget bill. You can actually say that if we an all-time record. Yet, today on the deficits, and the deficits are only going hadn’t had the 2001 tax bill, about 8.7 Senate floor, the majority party is to get bigger in the years to come. It is million taxpayers would still affected using reconciliation not to reduce the time to restore some measure of order by the alternative minimum tax. Now, deficit, which is what reconciliation and sanity to the Federal budget. if the estimate held, it is 19.6. So you was supposed to be for when we passed But the majority party, the Repub- could say over half of those with the it in the 1970s—reconciliation was in licans, are not saying ‘‘enough.’’ De- alternative minimum tax have it be- order to hold down the deficit. Here we spite record deficits, despite a war in cause of what the tax committees did have a reconciliation tax bill before us Iraq that has now cost us over $250 bil- in 2001 and what the Senate did and the that doesn’t reduce the deficit but in- lion and rising, despite the unpaid bills House did and what the President creases the deficit even further by for two devastating hurricanes, they signed into law. passing another $70 billion in tax cuts. are demanding more tax cuts, more tax I find it of more than passing interest It actually increases the deficit. cuts overwhelmingly for the wealthiest that people now come in and say: My This is reckless. It is unconscionable. in our country. They are using this rec- gosh, we have this terrible problem, we Our first priority must be to use the onciliation process not to cut the def- have to fix it. I am sorry. You created savings from my amendment. It will icit but to ram through another $70 bil- a large part of the problem. By not reduce the deficit by more than $100 lion in tax cuts rather than find off- fully addressing the AMT timebomb, billion in the long term. sets, increasing the deficit. To make the 2001 bill was able to encompass a My amendment also updates the matters worse, they are insisting that range of additional tax cuts. These child and dependent care tax credit. the PEP and Pease tax reductions go other tax cuts were designed in such a This credit is provided to working fam- forward, adding another $146 billion to way that their costs would explode ilies who have children in daycare who the deficit over the next decade. Why? later on. That is why the President, in need to pay for the care or who need to Again, to give more tax breaks to those his State of the Union Message, said: pay for the care of elderly parents. If who least need it. We have to make the tax cuts perma- taxpayers aren’t working, they don’t According to CBO, more than half of nent. But, it is going to explode. get the credit. This goes to working the benefits of repealing PEP and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 503 Pease would go to taxpayers earning matic negotiations. It put our whole against their Federal income tax. Un- more than $1 million a year. Ninety- economy at the mercy of decisions fortunately, the credit is skewed so seven percent of all the benefits of re- made by the Chinese Government re- that many families who need it the pealing this tax measure would go to garding our bonds they own, which at most can’t get it. those earning more than $200,000 a last look was not a democratically Under current law, families that earn year, 97 percent, half of it to those elected government, by the way. They less than $11,000 get no benefit from the making over $1 million a year. may choose to dump their dollars and refundable child credit. That means Again, when I raised this issue sev- hurt our currency and throw us into a that a child is left out of the credit eral months ago and I did, and we had recession. even if her parent works full time at a vote on it during the so-called vote- We are increasing our deficits and minimum wage, which has not in- arama last summer—the chairman of giving more tax giveaways to the creased since 1997. And the child the Finance Committee came to the wealthy. I urge my colleagues to vote doesn’t get the full benefit of the $1,000 floor and said that my amendment, yes to reduce the deficit, yes for shared credit until her parent earns close to which would retain the PEP and Pease sacrifice, and yes to help working class $18,000, or even more if the child has provisions which had been in the law families with their childcare and de- siblings. since 2000, would effectively be a tax pendent care. What’s worse, if her parents’ incomes rate increase. I am sorry. That is not When the Senate lays down its stagnate, are disrupted for any reason, right. amendment, I will be offering this or the economy stalls and work hours All I am saying is, don’t lower the ef- amendment. I assume it will be some or wages are reduced, the value of the fective rates on people making more time tomorrow. I hope to have a few credit drops or even disappears. Under than $1 million and those making over more minutes to expound on it tomor- current law, almost 17 million children $200,000 a year with these two provi- row. get less than the full credit. sions. That is what the law was. If the I yield the floor. We all know what happened to the provisions were in the law, my amend- The PRESIDING OFFICER. Who families on the gulf coast due to Hurri- ment would keep those rates the same. yields time? cane Katrina, and it will be a long time What the majority party did in the 2001 Mr. BAUCUS. Mr. President, I yield before these families can rebuild their tax bill is, they took the effective tax 10 minutes to the Senator from Illinois. lives. Many of the families in the af- rates and further lowered them. Mr. OBAMA. Mr. President, I thank fected States were evacuated to other So it is wrong to say that my amend- the Senator from Montana. areas, and many of them cannot even ment will increase rates. My amend- Let me begin by congratulating Sen- afford to go back. And the Federal re- ment would just keep the rates the ator HARKIN for his outstanding expla- sponse so far has been inadequate to same as they have been for 15 years. So nation of some of the flaws in the rec- get these families effectively back on there is no effective rate increase with onciliation bill that we are receiving their feet. my amendment. All I am doing is say- from the House. I thank Senator We need to do better. At a time when ing: Don’t cut it out. Keep it in the GRASSLEY and Senator BAUCUS for the we are debating $70 billion of tax law. I wanted to clear up that point. fine work they are doing in trying to breaks, many of which will benefit Let me state the obvious. The rich deal with what is probably the biggest those who need the least help, it is don’t need PEP and Pease taken out of ticking timebomb we have in the Tax critical that we remember the worst off the law. I have not heard from any rich Code, and that is the alternative min- and the most vulnerable members of people in America saying: Oh, I have to imum tax. It is absolutely a critical ne- our society. get rid of this PEP and Pease that has cessity for us to address that. When I went to Houston after the been in the law. They hardly notice it. Mr. President, I rise to speak about hurricane, I met an evacuee from New Yet we are just going to give them an amendment to the tax reconcili- Orleans who said to me: ‘‘we had noth- some more money. We are going to ation bill that I intend to offer at the ing before the hurricane, and now take money from hard-working Ameri- appropriate time. we’ve got less than nothing.’’ Life was cans who have to pay their taxes, and The amendment achieves two goals. hard for many families even before we are going to give it to the wealthy. First, it helps keep a promise the Katrina hit. In Louisiana, Mississippi, That is all they are doing by doing President made to rebuild the gulf and Alabama, for example, more than away with PEP and Pease. It is income coast in the wake of Hurricane 900,000 children under 17 years of age transfer from working families to the Katrina. Second, in a $70 billion bill were so poor that they got no child tax wealthy. laden with tax cuts for the wealthy and credit or only a partial credit. These I am going to offer this amendment well- connected, it sets aside less than States had among the highest rates of to keep PEP and Pease in. And to use 1 percent for the neediest in our soci- children too poor to get the full credit. the money to offset the deficit and to ety. In fact, more than one-third of the help pay for the increased cost of Two weeks after Katrina made land- children in Mississippi and Louisiana childcare and dependent care. fall, President Bush stood in the ruins didn’t get the full benefit of the child Again, I believe that by voting for of New Orleans and vowed to ‘‘do what tax credit. That is what our measure is this amendment, Senators have an op- it takes’’ to help the region recover. He designed to do. portunity to join with the American also acknowledged the terrifying im- This amendment, at a cost of less people to say: Enough of this giveaway ages of abject poverty that struck than 1 percent of the overall tax rec- to the wealthy. Enough of putting the Americans on their TV screens and onciliation bill, will provide necessary burden on our grandkids to pay these said, ‘‘We have a duty to confront this assistance to many of these families. huge bills. Enough of exploding the def- poverty with bold action.’’ Five The amendment eliminates the income icit. Enough of going to China with hat months later, the President’s timid ac- threshold that excluded all children in in hand and asking them if they will tions have not matched his bold rhet- families with less than $11,000 of in- just please buy some more of our oric. He has not lived up to his prom- come. bonds, which they are doing. That is ises. My amendment sends a simple mes- another issue we have to address—the My amendment uses a cost-effective sage: If you work, your kids get a ben- amount of our debt being purchased by and proven tool in our tax code—the efit. It provides a partial credit start- foreign countries, especially by China. child tax credit—to extend aid to 1ow- ing with the first dollar of a parent’s Now, you may say that is not a prob- income working families affected by income for families who lived in the lem right now. Well, China already fi- Hurricane Katrina. areas affected by Hurricane Katrina. nances our debt to the tune of more Enacted in 1997, the child credit al- The amendment is simple. It says than $800 billion. That gives them le- lows families with qualifying children that the children of low-income work- verage in trade disputes and in diplo- to receive a credit of $1,000 per child ing parents affected by Hurricane

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 504 CONGRESSIONAL RECORD—SENATE February 1, 2006 Katrina will no longer be denied the sion of Congress, I think, evidenced the straining as well—military hospitals, child credit. You work, your kids get a strong support we all feel for these such as Walter Reed, put on the base benefit. If you don’t work, no benefit. brave men and women who wear the closure list by the administration; And if you want the full benefit, you uniform of the United States both on State veterans facilities funded by have to earn at least $10,000, which is troubled battlefields as well as else- State budgets already stretched far too just about the income of a full time job where around the globe. They deserve thin, such as my own State of Con- at minimum wage. our unending support and admiration necticut’s State Veterans medical and That’s a commonsense way to sup- for their work. residential facilities at Rocky Hill; and port families with children, especially We all know that over 2,200 men and private health facilities that help vet- families that have experienced the women in uniform have been killed in erans throughout the country. huge cost—psychological and finan- Iraq, and over 16,000 have been severely It has been noted recently in the cial—of a natural disaster. wounded. The U.S. Government should press that a rehabilitation center for My amendment is also narrowly tai- have few higher priorities than taking amputees and other wounded soldiers is lored and fiscally responsible. It is care of our military veterans who have being built near the Brooke Army Med- aimed at families affected by the hurri- served in harm’s way to defend our ical Center. This critical facility, to be canes, and it provides short-term sup- freedom. established at Fort Sam Houston, will port, expiring in 2008. Sadly, however, the Bush administra- be the nation’s premier facility for With this amendment, hundreds of tion in recent years has had other pri- treating troops who have lost limbs, orities, it would seem. Throughout the thousands of this country’s most dis- suffered severe burns, blindness, and last 5 years, the administration failed, advantaged children will see an in- head injuries on the battlefields of Iraq in my view, to meet its commitments crease in their credit. Katrina offered and Afghanistan. to our troops and their families, de- us a window into America’s poverty. But as the San Antonio Express-News Let’s not let that window close without spite the rhetoric coming from the White House. In fact, just days ago we recently asked on its front page: Why doing something to provide a chance isn’t the Federal Government paying for America’s children to rebuild their learned the Pentagon has now only started to address the inexcusable and for any of it? In fact, although eventu- lives with dignity, hope, and oppor- ally this facility will be handed over to tunity. That is what this country is shocking shortfalls in troop protection. Three years into the Iraq war and more VA and Army personnel to administer, about. I hope that is what this Cham- its construction is being fully financed ber is about. than 4 years after the start of the conflict in Afghanistan, the Pentagon has with donations of private citizens. I yield the floor. I admire those making these con- The PRESIDING OFFICER. Who just now decided to order more than 200,000 additional sets of body armor. tributions to support this facility for yields time? our heroes, but the idea that the Fed- Mr. BAUCUS. Mr. President, I yield Sadly, it may take another year before eral Government would not be taking 15 minutes to the Senator from Con- all of this equipment reaches our sol- better care of our veterans, I think, is necticut. diers and marines deployed in harm’s an outrage. But apparently, the Bush The PRESIDING OFFICER. The Sen- way. administration believes that our mili- ator from Connecticut is recognized. The administration’s failures have tary veterans should have to rely on Mr. DODD. Mr. President, I thank my not ended there. When our troops have the charity of private citizens to pro- colleague from Montana. come home, the Government’s efforts I begin by once again expressing my to meet their needs also has fallen vide the resources for their critical appreciation to both he and my good short. In fact, last year, despite ada- care—because to the White House, tax friend from Iowa, the chairman of the mant denials by the administration, we breaks for millionaires seems to be a Finance Committee, and their staffs. now know as a matter of fact that the far bigger priority. They do tremendous work and we are President’s 2006 budget fell over $1 bil- Such logic simply makes no sense. It all grateful to them and the members lion short of meeting veterans’ health is our Federal Government’s responsi- of their staffs for pulling together im- care needs. Although our colleagues bility to meet its obligations to our such as DAN AKAKA of Hawaii and portant pieces of legislation such as combat veterans. PATTY MURRAY of Washington, had said this one. It is not an easy job. It is one I mentioned the other night that I so from the very outset last year on of the most important, if not the most had a knee replacement operation a this floor and warned about what was important, committees of the Senate. few weeks ago. I go downstairs in this being done, Congress had to step up as They do a remarkable job and I person- very building and I get rehabilitation. late as June to restore funding in an ally thank them for a tremendous job. We have a wonderful facility where I emergency supplemental. I know we don’t make their lives any can spend an hour each day and get re- Such an occurrence, in my view, is habilitation. I am happy to do that. easier when we, who are not on the unconscionable—that the White committee, offer different amendments Explain to this Senator why it takes House’s Office of Management and private donations to provide facilities and ideas, but we have ideas we would Budget seemed to treat America’s vet- for rehabilitation for veterans coming like to suggest as well. erans and their health care needs as al- back from Iraq or Afghanistan who lost Let me mention, if I can—I will state most an afterthought. I fear the admin- a leg, is blind, or has suffered burns or the obvious—that we are a nation at istration is poised to repeat that mis- other serious injuries? There is some- war. It has been said over and over take in 2007 as well. again by others, but maybe not often Indeed, we already know that our thing wrong with a situation when enough. We enjoy a relative calm and Federal resources are straining to meet Members of Congress can get taken comfort in Washington these days, but veterans’ needs, particularly the needs care of, but our veterans do not. as we speak, we know that there are of military personnel just returning The amendment I will be offering to- the young men and women of our from Iraq and Afghanistan. morrow will provide critical resources armed services who are in harm’s way According to the Department of De- to facilities such as the Center for the in Afghanistan and Iraq. These sol- fense, 120,000 servicemembers, or 28 per- Intrepid in Texas which, due to current diers, sailors, airmen, and marines are cent of military veterans returning shortfalls in the federal government, is bravely defending our freedom on bat- from Central Asia, are being treated in being constructed using exclusively tlefields overseas, and keeping America the VA system. But for some reason, private funds. safe and secure at home. The Presi- the administration refuses to incor- Again, I respect immensely those dent, last evening, in the State of the porate those very figures into its devel- making the private donations, but we Union Address spoke to this issue, and opment of the VA budget. have to do better on behalf of our vet- the thunderous response from Demo- Other medical facilities treating erans than we are doing. It is uncon- crats and Republicans in the joint ses- America’s brave men and women are scionable that we now have to rely on

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 505 the charity of citizens to establish im- for their gracious leadership on this care in America. The amendment portant rehabilitation centers for our bill. which I am offering does something di- military veterans. The PRESIDING OFFICER. The Sen- rectly. We already know that our Federal re- ator from Montana. While Congress has failed to address sources are being stretched thin as a Mr. BAUCUS. Mr. President, I yield the overall problem of health care cov- result of this administration’s policies. 10 minutes to the Senator from Illinois. erage, we should, at the very least, The package of budget reconciliation The PRESIDING OFFICER. The Sen- take steps to extend the coverage of legislation this body has considered ator from Illinois. health insurance to our children to over the previous few months presents Mr. DURBIN. Mr. President, I thank make health insurance accessible, af- us with a clear choice in philosophies: the ranking member of the committee, fordable, and quality health insurance Do we invest in the priorities that will Senator BAUCUS of Montana, for yield- coverage. meet our commitments to America’s ing a few minutes to me. Kids are the least expensive people to brave men and women who have sac- We are in the process of considering insure. The average cost to cover a rificed on the battlefield for our coun- an important tax bill, the reconcili- child under the SCHIP program is try, or do we continue to prolong a ation bill. The chairman of the Finance $93.25 a month. So the total cost to the primitive agenda that has failed to ad- Committee, the Senator from Iowa, is Federal Government to cover all 9.1 dress the major challenges of our era? on the floor now. I am about to offer an million children in America under We heard the President at least begin amendment which I have offered be- SCHIP would be about $7 billion a year. to say the right things in his State of fore. Senator GRASSLEY is aware of this Remember that figure I mentioned the Union Message last evening to sup- amendment. I am hoping this time to earlier. The capital gains tax break port our troops, and I thank him for win his support for the amendment. going to the wealthiest people, pri- that, but it is not enough just to talk Let me tell my colleagues very briefly marily to the wealthiest people in about these issues; we need to do far what amendment No. 2701 will do. I America, is going to cost us, over a 2- more. We need to start matching our know the time will come when we can year period of time, $20 billion. We words with our policies. Rather than make a specific offer of these amend- could cover all the kids in America for put Federal resources toward impor- ments. 2 years for the cost of the capital gains tant facilities, including the ones I We have choices to make on the floor and dividend tax cuts and still have have mentioned, the President has de- of the Senate just as families across money left over for deficit reduction. cided to reward the wealthiest of our America have choices to make every My amendment will make it possible fellow citizens with these tax cuts. day. We have to take a limited amount for all States to do what my home One could argue that no Presidential of Federal revenue and decide who will State of Illinois is already setting out administration in history has been as receive it. In this case, we are talking to achieve: Make sure every child in generous toward the ultra-affluent as about who will receive a tax break. The my State has health insurance. this administration has. Under the tax tax break is rather substantial for the I salute my Governor, Rod breaks of 2001 and 2003 alone, individ- wealthiest people in America. We can’t Blagojevich, who has engineered this uals with incomes greater than $1 mil- quite put our finger on how many may approach. If Illinois achieves it—and I lion a year, who represent two-tenths benefit from this tax break that will believe we can under his leadership—we of 1 percent of the population, have re- give them added benefits if you claim will set a standard for the Nation. It ceived more than $125 billion in tax-cut capital gains or dividends as income, will be inexcusable for States and for benefits. Meanwhile, our soldiers and but we know that the amount is sub- our Nation not to insure all the chil- veterans are being told to go without stantial. In fact, the estimates I have dren. essential items and rely on private do- suggest that over a 2-year period of If you are going to extend health in- nations to take care of them with time, the extension on capital gains surance across America, wouldn’t you items such as body armor and the would cost some $20 billion. That is the start with our kids? health care they need and deserve. If we cancel the final 2 years of the reality. My amendment would provide grants capital gains and dividend tax breaks So we have to decide whether giving to States, safety-net providers, schools, for two-tenths of 1 percent—two-tenths a capital gains tax break to the and other community and nonprofit or- of 1 percent, Mr. President—of individ- wealthiest people in America is the ganizations to facilitate the enroll- uals with incomes greater than $1 mil- best expenditure of America’s re- ment of 6.8 million children currently lion—only two-tenths of 1 percent— sources. The only way to make that eligible for SCHIP but not enrolled. then we can save approximately $28 bil- choice is to take into consideration It will make all uninsured children in lion, while still preserving reduced what else we might do with that America eligible for the SCHIP pro- rates for 99.8 percent of all the other money. My amendment No. 2701 makes gram. Americans. a specific suggestion, and here is the It will establish a grant program My amendment would make this reasoning. under which a State may apply for a change, and with the $28 billion saved There are 9.1 million children in waiver to expand coverage of children over the next 2 years, funds would be America without health insurance. Not in their State. distributed to health facilities that having health insurance has its con- It will encourage States to cover all treat military personnel and veterans. sequences for these children. According insured children by providing them These facilities would include, as I to the Center for Studying Health Sys- with an enhanced matching rate under mentioned, Federal military hospitals, tem Change, uninsured children, when SCHIP if they submit a plan to cover VA hospitals and clinics, State and compared to privately insured chil- all children. other institutions that treat military dren, were 31⁄2 times more likely to The majority of the benefits of the veterans throughout our Nation. We have gone without needed medical, capital gains and dividend tax cuts go owe it to America’s men and women in dental or health care; uninsured kids to households with incomes over $1 uniform. are four times more likely to have de- million a year. This is not hyperbole. These are the layed seeking medical care; five times Think about that. Do we want to pro- facts. It is tragic, in this day and age, more likely to go without needed pre- vide a tax cut for families and house- that we can’t do a better job of serv- scription drugs; 61⁄2 times less likely to holds making over $1 million a year or icing these brave individuals. So at an have a usual source of care. do we want to provide health insurance appropriate time tomorrow, I will offer Let me give a hard number. From the for 9 million uninsured children in this amendment which will do what I year 2003, 6 million children in America America? That is our choice. It is a have been talking about. went without needed health care. The choice on which we can vote. Again, I thank my colleague from President last night challenged us and With amendment No. 2701, Members Montana and my colleague from Iowa America to do something about health of the Senate can make that choice. So

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 506 CONGRESSIONAL RECORD—SENATE February 1, 2006 like families in America, we will decide cludes. I wanted to make that point be- Yet if you were to listen to the gen- our priorities. A family has to decide fore my good friend got out of here be- eralities of the language from the other whether it is going to buy a big car or cause a lot of times he never gets a side of the aisle, you would think this a small car, an expensive vacation or a chance to hear what I say, and I want- proposal to extend these tax cuts was modest one. We have to decide whether ed to make sure he heard it. an outrage, that we were somehow tak- households making over $1 million a I yield whatever time he might con- ing money out of Washington and year are a higher priority than 9 mil- sume to the Senator from New Hamp- transferring it to rich people across the lion uninsured children. We have to de- shire. country. That is not true at all. It is cide whether giving those households Mr. GREGG. Mr. President, I thank not true at all. These tax cuts, in fact, more money to put into their savings the Senator from Iowa. I associate my- basically have the impact of giving account, the opportunity to perhaps self with the Senator’s comments. I working Americans the opportunity to buy another home or another car or a agree, as I think most Americans do if take advantage of the dollars they earn boat or some luxury item is more im- they apply common sense, and this is a and not have them taken by the Fed- portant than basic health care for chil- little Midwestern common sense we are eral Government. dren. getting from the Senator from Iowa, as I think equally important is the issue I think it is a pretty simple choice, we always do, which is that the Gov- of the one item of tax policy which and I hope that my colleagues on both ernment doesn’t own this money. This does not happen to be in the Senate bill sides of the aisle will remember what money doesn’t belong in Washington. but which is in the House bill, which is the President told us last night: Health This money belongs in the pockets of the extension of the capital gains and the taxpayers who earned it. And, yes, care is a priority for America. If it is a dividends rates, where we do get this taxes must be paid, but they must be priority, with amendment No. 2701, we debate or this argument that this is a paid at a reasonable rate, a rate which will be able to move this country closer tax which basically benefits wealthy allows people to continue with their to the goal of full insurance. Out of 46 Americans. To begin with, the prac- lives, to make the investments to start million uninsured Americans, we can tical effect of these proposals, the re- a small business or to send a child to make sure that the 9 million most vul- duction in capital gains rates—or the college or to buy a home or purchase a nerable children are covered. maintenance of the capital gains rate car. I think this amendment speaks to You cannot tax people simply beat 15 percent and the maintenance of the priorities Americans want us to ad- cause somebody in Washington has a the dividend rate at 15 percent basi- dress. There is no special interest good idea and they want to pay for it cally benefits the Government because group standing outside the door beg- and they figure, Let’s go out and take the effect of those two tax rates is that ging for health insurance for children. it from the people working for a living it generates significant economic ac- There are plenty all around Wash- and bring it to Washington and spend tivity which results in more taxes com- ington begging for tax breaks for mil- it. ing into the Federal Treasury. lionaires. To whom are we going to lis- It reflects a certain elitism and arro- You do not have to believe me on ten? The special interest groups for the gance to take that position, in my this. Just look at the numbers. The millionaires or the children of families opinion, basically saying to average numbers are hard, they are real, and across America who need health insur- Americans that those of us sent to they are there. Prior to the capital ance? Washington—and this great bureauc- gains rate going into place, the Joint We should make giving kids a racy grown up in Washington—know Tax Committee estimated that there healthy start in life a priority over giv- more about how to manage your life would be $45 billion raised from capital ing millionaires the high life. than you do as working Americans. If gains in 2003. But after the cut, it turns I yield the floor. you turn your money over to us, we out there is $50 billion. That is a $5 bil- The PRESIDING OFFICER. The Sen- will do a better job of managing that lion change. ator from Iowa. money than you can do. I don’t agree Then in 2004 it was estimated there Mr. GRASSLEY. Mr. President, I with that. I think the Senator from would be $44 billion with the capital hope every taxpayer in this country Iowa made that point, an appropriate gains rate at 15 percent. After the knows that what they heard was a phi- point. change in rates, the Federal Govern- losophy that every dollar you make be- The point I want to reinforce is that ment got $60 billion. In 2005 it was esti- longs to the Government, and we are the Senator from Iowa, as always, has mated that with higher rates there going to let you keep a little bit of it. done yeoman’s labor to bring forward a would only be $49 billion coming in We kept hearing about tax cuts cost- very strong bill to extend tax cuts or through capital gains taxes. It turns ing us, tax cuts costing us. If we give tax proposals which benefit working out with the lower rates the Federal you a tax cut, it is costing us in Gov- Americans. The irony of this is that it Government got $75 billion. ernment, and we can’t do as much for is being attacked from the other side of As a result of lowering the capital you as if we tax you more. the aisle with enthusiasm on the basis, gains rate, the Federal Government re- So there is a basic philosophy behind essentially, as the Senator from Iowa ceived $47 billion we didn’t expect to this legislation whether we ought to has pointed out, that tax cuts and ex- get. Those are Joint Tax numbers. let tax cuts stay in the pockets of tending tax cuts is a bad idea; that this Those are hard numbers. Those are real Americans and let them spend it and money should stay in Washington. But, numbers—$47 billion. Why is that? It is do the economic good and let the mar- also, the irony of this is most of the very simple. It is called human nature, ketplace decide how the goods and items within this bill are actually sup- and human nature drives what reve- services in this country be divided or ported from the other side of the aisle, nues are here at the Federal Govern- whether we ought to tax at a higher or will receive significant votes from ment. If you are going to have a high rate and bring it to Washington and let the other side of the aisle if they are tax on someone when they sell their a few politicians make a decision on taken up separately. These are items home or when they sell their business how to spend it. like the alternative minimum tax or when they sell some sort of the I opt for trusting the American peo- patch, items like extending the R&D stock that they may have purchased a ple with how they spend their money tax credit, items like the deduction for long time ago and it has appreciated in and the growth that comes from the in- teachers who spend money for their value, the odds are that person may vestment that creates jobs that causes classrooms so they can bring crayons make a decision: I don’t want to pay our economy to expand. or whatever they want into their class- all those taxes upon making that sale, I will have more to say about some of rooms. Those are items which have so I am just going to hold on to that the other speakers who have been in general support around here. If you add asset. As a result, they hold on to the opposition to this bill as soon as the them all up they make up the vast ma- asset and the Federal Government does Senator from New Hampshire con- jority of this tax package. not get it. There is no sale, no capital

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I can make this sale and I can live and that is the deductibility of State having $47 billion revenues coming in with this tax rate and then I am going and local sales taxes. as a result of a lower capital gains tax to take the profits from that sale and Why do I have concerns about that? rate, we will probably see we actually I am going to reinvest them. That cre- It is not the biggest item in the pack- go back to the original Joint Tax pro- ates two events that are very positive age. The R&D tax is bigger, and obvi- posals or estimates, and we will lose for the Federal Government and for ously the AMT patch is bigger, but the revenue. So it is not a revenue gainer taxpayers generally. No. 1, it is a tax- deductibility of State and local taxes to our Government to overtax people. able event so that money comes in. As creates an atmosphere where we give Although I said it in a convoluted we have seen, $60 billion came in that to high tax States an incentive to in- way, it is just a summary or restate- was not there before, or we did not ex- crease their taxes because we allow the ment of what the Senator from Iowa pect it before because the people were people in those States to deduct the said in a very down-to-earth and com- making that activist decision now that taxes as those taxes are increased. So monsense way. Therefore, I congratu- the tax rates were lower. you are basically transferring taxing late the Senator from Iowa. I appre- No. 2, what was money which was room, if you will, available assets that ciate his bringing this bill forward and locked up in maybe a nonproductive may be taxed from the State govern- look forward to working for its pas- economic activity is moved. By human ments to the Federal Government, sage. nature it is going to be moved into which allows those States which pur- I yield the floor. something that is more productive, and sued a high tax policy to benefit and The PRESIDING OFFICER. The Sen- that is going to generate more eco- creates, actually, an incentive in those ator from Iowa. nomic activity. Maybe somebody is States to increase those taxes. Mr. GRASSLEY. Mr. President, I ap- going to start a small business or I don’t happen to be a big supporter preciate hearing from all my col- something with those extra dollars of the deductibility of State and local leagues, both Republicans and Demo- they now have, and that is going to taxes, but I suspect the majority of the crats, about everything that is wrong create jobs. It is just basic economics other side is, even though they are rail- with the AMT because there is a lot that when you reinvest money like ing against this bill. My view is a State wrong with the AMT. But I take great that you have the money go to a much such as New Hampshire, which doesn’t pleasure in trying to remind, particu- more efficient use, which produces a have a sales or income tax and takes a larly my Democrat colleagues, that a more productive, more efficient econ- very frugal approach to government, Republican-controlled Senate and omy, and therefore more jobs. So you should not be penalized for that at the House in 1998 completely repealed the get more tax revenues and you get Federal level by turning a deduction alternative minimum tax. They com- more jobs out of a lower rate. This has over to other States, thus reducing pletely repealed it, sent it to President been proven time and time again. It Federal revenues, which encourages Clinton, and he vetoed it. So I don’t was proven by the Kennedy tax cuts. high-tax States—such as New York, want anybody telling me how bad the That was President John Kennedy. It Connecticut, Illinois, New Jersey, Cali- alternative minimum tax is and that was proven by the Reagan tax cuts, and fornia—to basically raise their taxes. something ought to be done so that now it has been proven by the Bush re- This comes to the irony of this bill. middle-income Americans, who were duction in capital gains and dividends Even though it is being attacked pro- never intended to pay the tax, don’t rates. fusely and aggressively by the other get caught paying it. Reducing those rates creates more side, it turns out probably the majority Besides the repeal that we proposed economic incentive for people to be of the Senators on the other side sup- in 1998, I can also point to a lot of tax productive, and it actually generates port deductibility of State and local bills since then where we have done more economic activity which is tax- taxes, sales taxes. As a matter of fact, what we call hold-harmless so no more able and therefore generates more in- all those high-tax States I have listed people are hit by the alternative min- come to the Federal Treasury, and as a have only Democratic Members of the imum tax because of tax changes that result $47 billion of income came in Senate. This bill benefits them. I would you make in any tax bill which indi- that we would not otherwise have had. like to take a test and offer an amend- rectly, then, affects who might pay the I misstated, I said $60 billion before. ment to strike that language from this alternative minimum tax. It was $47 billion during that 3-year pe- bill and see whether there was strong So I specifically want to take issue riod we would not have gotten before— bipartisan support for that type of lan- with the remarks of my colleague from $47 billion more than was anticipated. guage. My own view is from a tax pol- Iowa, Senator HARKIN. It was suggested Last year, as a result of this eco- icy standpoint it makes little sense to the tax cuts have contributed to this nomic activity that was created by this have it in here. AMT problem. That demonstrates a engine of productivity which was gen- In a general sense, what we are deal- complete misunderstanding of what we erated by having lower tax rates, we ing with here is the economics of what have done in several tax bills, going saw the biggest jump in revenues, I happens when you give people the back to the year 2001, or it at least think, or the second biggest jump in chance to keep more of their money. doesn’t give us credit for proposing re- our history. We picked up literally tens The simple fact is, what happens is peal of the AMT in 1998. of billions of dollars of income as a that when you give people a chance to It is true that we are required to act Federal Government that we did not keep more of their money, they are to extend the hold-harmless provision expect to get. That helped reduce the more productive and they have a bigger as the Senate has done in Senate- deficit, and it also helped us carry on incentive to go out and work and passed reconciliation bills and in the the business of the Federal Govern- therefore they create more economic years going forward—the bill we are on ment, specifically the need to fight ter- activity which in turn creates more now and in the bills going forward. But rorism, invest in health care, invest in taxable events which in turn creates that is the point of the hold-harmless. education. more revenue for the Federal Govern- Of course, it is critically important These tax cuts have been extraor- ment. that we included AMT relief in our bill. dinarily positive, and the extension of We should continue tax proposals Moreover, it has been the subject of these rates is critical to maintaining which do expand and energize the cre- public debate, as all my colleagues that economic activity. But to get ativity of the economic entrepreneur. likely know. But we take issue with

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I am not sure tax law that needs to be shown the I don’t know why folks cannot own exactly what those percentages were. door. up to that fact and recognize that at a But the idea was the terms ‘‘PEPS’’ We did that in the 2001 tax bill, truth minimum we are going to have to index and ‘‘Pease’’ were put into the Tax in taxing, and somebody is finding the alternative minimum tax going Code to camouflage higher marginal fault with it. It isn’t a millionaire tax. forward, if it is meant to serve its tax rates by making it look like no- Keeping PEPS and Pease is a ‘‘Full original purpose of hitting just very body ever paid a tax rate above 39.6; Employment for Accountants Act’’ be- high-income people who avoid paying whereas, the fact was a lot of taxpayers cause of that complicated Tax Code, any income tax through use of legal got hit at a marginal tax rate above 40 and the people who have to deal with it loopholes and not hit middle-income percent—in some cases quite a bit are going to hire more accountants to Americans. above 40 percent. accomplish the goal that we have. Again, for the understanding of my I am very troubled by the comments We have heard from many Senators colleague from Iowa who spoke on this of my colleague regarding PEPS and today, singing the old song that the point—but other people have spoken on Pease because they are hidden in the problem of the deficit before us, the it as well, mostly from the other side marginal tax increase that affects mil- budget deficit, is because we cut taxes. of the aisle—in 2001 and 2003, in those lions of Americans, including thou- The tax cuts that have brought about tax bills, we made sure that the alter- sands of Iowans. We have 32,906 Iowans our economic growth and created mil- native minimum tax would not impact that are hit by the Pease part of the lions of jobs is good policy. I don’t ex- any more taxpayers as a result of the Tax Code on their returns. And we have pect anybody to accept Senator GRASS- tax reductions of those bills. 14,000—almost 15,000—Iowans that are LEY, the Senator from Iowa, making So it is entirely wrong to say that hit by what we call the PEPS part of that statement. There is no one with tax cuts bring about the AMT problem the Tax Code on their returns. better credibility on economic and tax or that we don’t care about that prob- If somebody tells me that these are policies than Chairman Greenspan. And lem or that we didn’t do anything tax cuts for the millionaires, let me he has made it very clear that the 12 about that problem because we did in tell you, I know that we don’t have quarters of economic growth that we each of those tax bills. 32,900-plus, or 14,900 millionaires in my have had, creating 4.6 million new jobs, We have to continue to uphold the State of Iowa. and a higher rate of growth than we promise that we made that we were not So we are talking about camou- had even during the 1990s—and most of going to tax any more people with the flaging the Tax Code to raise the mar- my Democrat colleagues would think alternative minimum tax. ginal tax rate on a lot of middle-in- the 1990s was the best economy you This is a very important part of this come Americans. could ever have. But in fact, the eco- reconciliation bill that we passed back That was done in the 1990 tax bill. nomic growth of the last 12 quarters is in November that we are now making a Starting this year, under the 2001 tax higher than the average growth we had rerun of this year. bill, these are gradually going to be during the previous administration. This bill includes $30 billion of alter- phased out. Chairman Greenspan said that the tax native minimum tax relief to ensure I think it is truth in taxing, truth in cuts are responsible for this growth. that Senator HARKIN’s argument is, in packaging, that if you have a marginal To get back to the reality of deficits, fact, untrue, and it is also untrue as far tax rate of 35 percent, it ought to be a it is caused by record spending. It is as the 2001 tax bill and the 2003 tax bill marginal tax rate of 35 percent. And done by Republican Congresses or is concerned. you shouldn’t remove a lot of exemp- Democratic Congresses, whether we I wish to give some figures so people tions from a certain number of people have a Democratic President or a Re- know what this is. It is not just in the to raise it up to 40 or more percent. If publican President. Spending beyond State of New Jersey, as we heard from you want to tax people that high rate our means has caused our budget def- the junior Senator from New Jersey. It of taxation, you ought to have the guts icit problem. is not just a problem in Illinois, where to do it. Because of the tax cuts, revenues are we heard from the junior Senator from We took those camouflage things out way up—record highs projected. Illinois. It is not just a problem in Mas- of the Tax Code because we wanted a Chairman Greenspan gives Congress sachusetts, as we heard from the Sen- marginal tax rate of 35 percent which credit for the tax cuts of 2003 bringing ator from Massachusetts. The alter- was transparent, with no hidden addi- about the best economic growth we native minimum tax problem is a prob- tional taxes. have ever had and which has resulted lem in Iowa as well. Now it is said that we are trying to in $270 billion more coming into the Another point that my colleague benefit millionaires through this, when Federal Treasury from income taxes in brought up—I don’t think anybody else 33,000 and 15,000 people—that would be 2005 than we had in 2004; in fact, so has talked about the arcane issues of 48,000 people in my State—are being hit much beyond projection that we had what we call PEPS and Pease. I don’t by those taxes. $70 billion more coming in throughout want to say those things without ex- To listen to my colleagues, you 2005 than we even thought we would plaining what they are. They were put would think that PEPS and Pease was have coming January 1, 2005. in, I think, in the 1990 tax bill because paid only by millionaires. Nothing The answer is not to raise taxes and nobody wanted to go over the 40-per- could be further from the truth. PEPS hurt our economy. The answer is to do cent marginal tax rate. Yet they want- and Pease hit millions of families, two- something on the spending side of the ed to raise more money and have a income families that are struggling to ledger. higher marginal tax rate on a little pay their mortgage, as most Americans We can say, after the vote in the higher income people. do, struggling to send their children to House of Representatives this very day What was done in that tax bill to college, as most families do, or people by a 2-vote margin, they passed our camouflage a higher marginal tax rate who want to contribute to their budget reconciliation bill, saving $39.6 was to leave the marginal tax rate at churches and charities, as most middle- billion over the next 5 years that Con- 39.6 percent, but for certain people income Americans do. gress would have otherwise spent if we above—for certain people of higher in- In fact, the families hit by PEPS and had not passed that measure. We didn’t come—then phase out a lot of the ex- Pease are very often the same families get any help from the other side of the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 509 aisle on getting this budget reconcili- it was only a short while ago that our coun- SOUTH AMERICA tries emerged from Soviet oppression. Dur- ation through. Mr. MCCONNELL. Mr. President, ear- ing the decades of dictatorship, our peoples’ That came from the fiscal responsi- lier this month,I led a delegation to bility of people on this side of the aisle. attempts to restore freedom and democracy were crushed. Who would have thought in South America to review security, Whether it is tax cuts, spending cuts, 1956 in Hungary, in 1968 in Czechoslovakia, or trade, and foreign assistance issues. tax increases, whatever the issue might in 1980 in Poland, that we could get rid of the Joining me were Senators MARTINEZ, be, if you listen to your people in town dictatorial regimes in our lifetimes and BURR, and THUNE. With the exception meetings—and I only have the oppor- shape our own future? of my friend from Florida, this was the tunity to listen to Iowans in my town The memories of tyranny are still alive in first visit to Brazil, Argentina, and meetings because I don’t represent the minds of many Czechs, Hungarians, Poles Chile for my colleagues and me. In anyplace else in the country—I know I and Slovaks. We also remember the chal- short, this is a region full of promise— don’t have people coming to me and lenges we faced early in our democratic tran- and problems. saying: I am undertaxed, tax me more. sition. It is a testament to the resilience of Let me begin my remarks with a our peoples that we are where we are now— But I surely have people come to my members of NATO and the European Union, word of appreciation to the Govern- town meetings and saying: You guys and strong allies of the U.S. We got here by ments of Brazil, Argentina and Chile are responsible for your spending there believing in the transformational power of for their excellent cooperation on secu- in Washington, DC. Get your spending democracy and a market economy. But we rity matters, including countering ter- down. needed others to believe in us, too. We could rorism and narcotics. These are shared I yield the floor. I suggest the ab- not have made it alone. We needed the perse- threats and pose myriad challenges, sence of a quorum. verance and support of Western democracies whether in the case of Brazil’s massive The PRESIDING OFFICER. The for freedom finally to arrive. border—particularly with Colombia clerk will call the roll. The attainment of our immediate goals of and Venezuela—the notorious tri-bor- The legislative clerk proceeded to stability and prosperity could have made us der area—TBA—of Brazil, Argentina, complacent. It has not. We feel that as free and Paraguay, or vicious terrorist at- call the roll. and democratic nations we have a duty to Mr. FRIST. Mr. President, I ask help others achieve the security and pros- tacks against Israeli and Jewish inter- unanimous consent that the order for perity that we now enjoy. That is why we ests in Buenos Aires in the 1990s. Given quorum call be rescinded. have been part of the coalition to help de- the unequivocal support for indigenous The PRESIDING OFFICER. Without mocracy emerge in Iraq. coca growers by Bolivia’s new Presi- objection, so ordered. Establishing democracy in Iraq was never dent, Evo Morales, I encourage the going to be easy. Yet it is essential for the f State Department to further strength- political and economic stability of the entire en cooperation on security matters MORNING BUSINESS Middle East—and also vital for the security with these countries in the months and of our countries. We are convinced that for Mr. FRIST. Mr. President, I ask years ahead. Iraq to become a vigorous partner in the war Brazil, Argentina and Chile also de- unanimous consent that there now be a on terrorism, the Iraqis will need our contin- period for morning business with Sen- uous help for rebuilding their country, as serve recognition for their participa- ators permitted to speak therein for up well as for establishing democratic institution in United Nations peacekeeping to 10 minutes each. tions and a market economy. The good news missions, particularly in Haiti. While The PRESIDING OFFICER. Without is that we are not alone; it’s a truly inter- not always popular with domestic con- objection, it is so ordered. national partnership, based on a U.N. man- stituencies, their respective contribu- date. More than 30 nations are on the ground tions provide critical support for inter- f with the coalition and NATO, and more than national efforts to secure stability in IRAQ 80 have signed up for the ‘‘new international the region. Peacekeeping is not with- partnership’’ with Iraq. European countries Mr. STEVENS. Mr. President, I ask work closely with the U.S. on strengthening out risks, and I condemn attacks unanimous consent that the attached stability and democracy in Iraq, and the against peacekeepers in Haiti, includ- Wall Street Journal article, ‘‘Iraq’s Fu- U.N. is providing key support to achieve our ing the recent incident in the Cite ture, Our Past,’’ be printed into the goals. Soleil district of Port-au-Prince that killed two Jordanian nationals. RECORD. This article was written by The Visegrad Group, which includes our Brazil, Argentina and Chile should be Mr. Rastislav Kacer, Mr. Petr Kolar, countries, has been one of the most effective regional partnerships in Europe established recognized for their support of democ- Mr. Janusz Reiter and Mr. Andras after the changes of 1989. With our vast expe- racy and human rights throughout the Simonyi, respectively, the Slovak, rience in transitioning from dictatorship to region. While we did not see eye-to-eye Czech, Polish and Hungarian Ambas- democracy, we can be of special help. Al- on every issue, it is clear everyone is sadors to the United States. though the Central European reality is quite watching Bolivia and Venezuela close- I applaud the Ambassadors’ leader- different from Iraq, we offer our assistance ly. In one meeting in Brasilia, Senator ship and the work of the Visegra´ d in building democratic institutions as well MARTINEZ counseled that in deter- Group, a partnership of their four as civil society. We can share the successes mining the new agenda of President countries. Emerging out of a shared and challenges of our transition with the Iraqis, as we all know that freedom comes at Morales, the region would be wise to history of dictatorship, these Central a price. The experiences from the area of re- ‘‘trust but verify.’’ This is a wise European countries strive for coopera- sponsibility of the Multinational Division maxim whether assessing coca cultiva- tive and democratic development. They Central-South prove that transformation in tion or threats to nationalize the en- deeply understand the challenges of an Iraq can be completed with success. Right ergy sector in Bolivia, or professed sup- emerging democracy but champion its now we are transferring more power and report for democracy and justice in ultimate rewards. Their vision and ex- sponsibilities to the local Iraqi authorities, which, thanks to our assistance, are capable Chavez’s Venezuela. perience are strong examples for the In general, there is significant room country of Iraq and they stand ready to of securing their future. Democratic transition is a long, painful for improvement in U.S. trade rela- lend a helping hand. tions with Brazil and Argentina, par- There being no objection, the mate- process. It requires sacrifice. But, more than anything, it requires a belief that demo- ticularly regarding intellectual prop- rial was ordered to be printed in the cratic values will prevail and people will erty rights and demonstrable support RECORD, as follows: have a better life as a result. We had that be- for the free trade area of the Americas [From the Wall Street Journal, Dec. 16, 2005] lief to guide us during the most difficult negotiation. Through meetings with years of transition and we want to keep that IRAQ’S FUTURE, OUR PAST business leaders in Brazil and Argen- belief alive in the people of Iraq. Maybe it (By Rastislav Kacer, Petr Kolar, Janusz takes countries with vivid recollections of tina, the delegation heard first hand Reiter, and Andras Simonyi) tyranny to serve as the institutional mem- many of the challenges facing the busi- When it comes to tyranny, we believe we ory of a larger community of democracies. If ness community in both countries. can offer some personal experience. After all, so, we are ready to fulfill that role. President Kirchner would be wise to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 510 CONGRESSIONAL RECORD—SENATE February 1, 2006 listen to the concerns of international As domestic and international ob- SPC Sergio Gudino, age 22, died De- companies doing business in the region servers appear to have deemed the elec- cember 25 in Baghdad when an impro- regarding price controls and the har- tion process as credible, Palestinian vised explosive device detonated near assment and intimidation of business leadership choices are now crystal his M1A1 tank during combat oper- leaders. clear. But as President Bush and Sec- ations. He was assigned to the 1st Bat- As one businessman familiar with Ar- retary of State Rice have already said, talion, 64th Armor Regiment, 2nd Bri- gentina’s investment climate quipped, the United States will not provide as- gade Combat Team, 3rd Infantry Divi- ‘‘If you want to make a small fortune sistance to a foreign terrorist organiza- sion, Fort Stewart, GA. He was from in Argentina, go there with a big one.’’ tion. Pomona, CA. The challenge for President Kirchner is The ball is now in Hamas’s court. Ei- SPC Marcelino R. Corniel, age 23, to maintain expansion of Argentina’s ther its leadership will renounce ter- died December 31 in Baghdad when an economy by attracting investment and rorism and violence against Israel in enemy mortar attack occurred in the capital—and not aiding in its flight. both word and deed, recognize Israel’s vicinity of his observation post. He was Let me close with a word or two on right to exist, and—in President Bush’s assigned to the Army National Guard’s Chile, a country clearly committed to words—be a ‘‘partner in peace’’—or 1st Battalion, 184th Infantry Regiment, democracy, the rule of law and free they will come to the harsh realization Fullerton, CA. He was from La Puente, trade. Our delegation was heartened by that governance in the territories ab- CA. the views of our Chilean friends and sent foreign aid is an impossible task. PVT Robbie M. Mariano, age 21, died U.S. country team that regardless of In the past, American taxpayers have January 5 in An Najaf when an impro- the outcome of the January 15 elec- paid for Palestinian private sector de- vised explosive device detonated near tions, won by Michelle Bachelet, development, health, community serv- his humvee during convoy operations. mocracy was alive and well in Chile, ices, and higher education. This gen- He was assigned to the 3rd Battalion, and that our bilateral relationship erous support is now in real jeopardy. 16th Field Artillery, 2nd Brigade Com- would remain strong. I am pleased our As the chairman of the State, For- bat Team, 4th Infantry Division, Fort bilateral free trade agreement, FTA, eign Operations and Related Programs Hood, TX. He was from Stockton, CA. with Chile has been beneficial to both Subcommittee, I intend to continue to SGT Adam L. Cann, age 23, was U.S. and Chilean businesses, with ex- follow developments in the region killed in action on January 5 by a sui- ports boosted by an estimated 40 per- closely and to work with the adminis- cide bomb attack on an Iraqi police recent since the FTA’s implementation tration and others to determine the cruitment center in Ar Ramadi. He was in January 2004. Still, there is room for best and most appropriate course of ac- assigned to Security Battalion, Camp improvement, and I encourage contin- tion regarding the provision of U.S. Pendleton, CA. During Operation Iraqi ued engagement on intellectual prop- foreign assistance in the wake of the Freedom, his unit was attached to the erty rights issues. Ambassador Craig Palestinian elections. 2nd Marine Division. Kelly and his team are doing a terrific To paraphrase the Israeli diplomat MAJ Douglas A. La Bouff, age 36, job in Santiago, and I have every con- and politician Abba Eban, Hamas lit- died January 7 near Tal Afar when his erally cannot afford to miss this oppor- fidence that under his capable leader- UH–60 Black Hawk helicopter crashed. tunity to renounce terrorism, recog- ship relations will continue to be vi- He was assigned to the Army’s 3rd Ar- nize Israel, and embrace responsible brant and strong. mored Cavalry Regiment, Fort Carson, Mr. President, I have shared a few, governance. If they do that, they will CO. He was from La Puente, CA. brief observations of this trip, but I find the missed opportunity very cost- LCpl Raul Mercado, age 21, died Jan- hope Senator MARTINEZ,—who has ly. uary 7 when his vehicle was attacked much experience in this part of the f with an improvised explosive device world, will speak to this body on his while conducting combat operations views of the region and, in particular, HONORING OUR ARMED FORCES near Al Karmah. He was assigned to the challenges to U.S. policy and busi- Mrs. BOXER. Mr. President, today I 2nd Maintenance Battalion, 2nd Marine ness interests posed by Presidents Cha- rise to pay tribute to 15 young Ameri- Logistics Group, Camp Lejeune, NC. He vez of Venezuela, Morales of Bolivia, cans who have been killed in Iraq since was from Monrovia, CA. and Castro of Cuba. There is much December 9. This brings to 523 the CPL Justin J. Watts, age 20, died going on in South America deserving of number of soldiers who were either January 14 from an apparent nonhos- the Senate’s close scrutiny. from California or based in California tile gunshot wound in Haditha. His f that have been killed while serving our country in Iraq. This represents 23 per- death is currently under investigation. HAMAS cent of all U.S. deaths in Iraq. He was assigned to the 3rd Battalion, Mr. MCCONNELL. Mr. President, I LCpl Samuel Tapia, age 20, died De- 1st Marine Regiment, 1st Marine Divi- wish to take a brief moment to speak cember 18 from small-arms fire while sion, Camp Pendleton, CA. During Op- to the issue of U.S. foreign assistance conducting combat operations in Ar eration Iraqi Freedom, his unit was at- for the West Bank and Gaza. Ramadi. He was assigned to the 3rd tached to the 2nd Marine Division. Hamas’s victory at the polls poses Battalion, 7th Marine Regiment, 1st CWO3 Rex C. Kenyon, age 34, died immediate challenges to the United Marine Division, Twentynine Palms, January 16 in Baghdad when his States, the European Union, and other CA. During Operation Iraqi Freedom, Apache helicopter was shot down while countries and organizations that pro- his unit was attached to the 2nd Ma- conducting aerial patrols. He was as- vide humanitarian and development as- rine Division. signed to the 1st Battalion, 4th Avia- sistance to the Palestinian people. Per- SGT Regina C. Reali, age 25, died De- tion Regiment (Attack), Combat Avia- haps frustrated with the corruption of cember 23 in Baghdad when an impro- tion Brigade, 4th Infantry Division, the ruling Fatah Party, the slow pace vised explosive device detonated near Fort Hood, TX. He was from El of reforms, or, more darkly, supportive her humvee. She was assigned to the Segundo, CA. of indiscriminate violence against in- Army Reserve’s 351st Civil Affairs CPL Carlos Arrelanopandura, age 22, nocent Israeli men, women, and chil- Command, Mountain View, CA. She died January 20 from a suicide vehicle- dren through terrorist attacks on was from Fresno, CA. borne improvised explosive device Israeli soil, Palestinians cast their bal- SGT Cheyenne C. Willey, age 36, died while conducting combat operations in lots for an organization that supports December 23 in Baghdad when an im- Haqlaniyah. He was assigned to the 3rd terrorism and rejects Israel’s right to provised explosive device detonated Battalion, 1st Marine Regiment, 1st exist. near his humvee. He was assigned to Marine Division, Camp Pendleton, CA. In the West Bank and Gaza, Palestin- the Army Reserve’s 351st Civil Affairs During Operation Iraqi Freedom, his ians had a choice between ballots and Command, Mountain View, CA. He was unit was attached the 2nd Marine Divi- bullets—and chose both. from Fremont, CA. sion. He was from Los Angeles, CA.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 511 LCpl. Brandon Dewey, age 20, died Medicare Advantage settings, even if The officials of those governments January 20 from a suicide vehicle-borne such coding is accurate or complete for and their supporters respond dif- improvised explosive device while con- other purposes. This will ensure that ferently. Knowing that they cannot ducting combat operations in the goal of risk adjustment—to pay honestly defend their ill gotten gains Haqlaniyah. He was assigned to the 3rd plans accurately—is met. and abuse of power, they do what they Battalion, 1st Marine Regiment, 1st I am also pleased that the Deficit Re- can do. They attack the messenger. Marine Division, Camp Pendleton, CA. duction Act includes the Family Op- And they do so through distortion and During Operation Iraqi Freedom, his portunity Act. I have been working outright fabrication. unit was attached to the 2nd Marine tirelessly on this legislation since 1999 I have made several statements Division. He was from San Joaquin, with Senator KENNEDY. The measure about the troubling situation in Nepal, CA. will allow States to create options for a poor country with the most majestic SGT David L. Herrera, age 26, died families who have children with mul- mountains on Earth, which has re- January 28 in Baghdad when an impro- tiple medical needs to buy into Med- ceived too little attention by the Con- vised explosive device detonated near icaid while continuing to work. Fami- gress. It is a country struggling his humvee during combat operations. lies with children with such medical against a determined Maoist insur- He was assigned to the 2nd Battalion, needs should not have to choose be- gency that has brought extortion, bru- 506th Infantry Regiment, 4th Brigade tween providing for their children and tality and false promises of a better fu- Combat Team, 101st Airborne Division, their children’s health care. This provi- ture to virtually every province. Fort Campbell, KY. He was from sion in the Deficit Reduction Act will And it is a country in which an auto- Oceanside, CA. help prevent just that. cratic monarchy has sought to consoli- LCpl Hugo R. Lopezlopez, age 20, died I applaud the Congress for passing date its grip on power and take the January 27 at Brooke Army Medical this important legislation today. Bene- country backwards after a decade of Center in San Antonio from wounds ficiaries and taxpayers across the coun- fledgling democracy. sustained from an improvised explosive try deserve to get the highest value for One year has passed since last Feb- device while conducting combat oper- every dollar that is spent on Medicare, ruary 1 when King Gyanendra dissolved ations against enemy forces in Rawah, Medicaid and other safety net pro- the multiparty government, curtailed Iraq on November 20, 2005. He was as- grams. This legislation will help ac- civil liberties, and imprisoned political signed to the 2nd Battalion, 11th Ma- complish that objective. opponents. He has ignored appeals of rine Regiment, 1st Marine Division, f the United States, India, and Great Camp Pendleton, CA. During Operation LOCAL LAW ENFORCEMENT Britain, as well as the United Nations, Iraqi Freedom, his unit was attached ENHANCEMENT ACT OF 2005 to negotiate with the leaders of Nepal’s political parties on a plan to restore to the 2nd Marine Division. He was Mr. SMITH. Mr. President, I rise from La Habra, CA. today to speak about the need for hate democracy. When the Maoists unilaterally an- Mr. President, 523 soldiers who were crimes legislation. Each Congress, Sen- either from California or based in Cali- nounced and then extended a 4-month ator KENNEDY and I introduce hate fornia have been killed while serving crimes legislation that would add new cease-fire, the army and the palace re- our country in Iraq. I pray for these categories to current hate crimes law, jected out of hand the suggestion that young Americans and their families. sending a signal that violence of any reciprocating could test the Maoists’ f kind is unacceptable in our society. intentions and possibly create an open- Likewise, each Congress I have come to ing for dialogue to end the conflict. HOUSE PASSAGE OF THE DEFICIT What we are witnessing in Nepal is, REDUCTION ACT OF 2005 the floor to highlight a separate hate crime that has occurred in our coun- put simply, a struggle between the dis- Mr. GRASSLEY. Mr. President, try. credited, anachronistic past, and the today the House of Representatives James Oliver Bailey was an 80-year- possibility of a democratic future. completed final action on the S. 1932, old gay man. On November 26, 2005, he There is also a third possibility. A the Deficit Reduction Act of 2005, DRA. was beaten to death with a 2 by 4 by Maoist government that imposes its I am pleased that this important legis- Chris Nieves. According to reports, Mr. will on whomever remains in Nepal lation will soon be enacted into law. Nieves attacked Mr. Bailey solely be- after a mass exodus, and which further It has been 8 years since Congress cause of sexual advances perpetrated destabilizes an already troubled region. last passed a reconciliation bill. In by Bailey. Predictably, those who have enjoyed crafting S. 1932, we worked hard to en- I believe that the Government’s first the undeserved benefits of absolute sure that none of the changes made duty is to defend its citizens, to defend power and privilege want to hold on to would adversely affect beneficiary cov- them against the harms that come out what they have. They seem to believe erage. The Deficit Reduction Act will of hate. The Local Law Enforcement that the Maoists can be defeated by allow States across the country to con- Enhancement Act is a symbol that can military force. As desirable as that tinue to offer these essential services become substance. I believe that by might be, there is no evidence to sup- to their beneficiaries. passing this legislation and changing port it. The Deficit Reduction Act also in- current law, we can change hearts and Those who see the King’s repressive cludes a number of provisions to ensure minds as well. policies as reckless and playing into that the Federal Government pays the hands of the Maoists, have risked f Medicare providers accurately and ap- their freedom and their lives by calling propriately. One such provision relates DEMOCRACY AND PEACE IN for an inclusive democratic process. to payment policies under the Medi- NEPAL And, as the situation continues to de- care Advantage program. Specifically, Mr. LEAHY. Mr. President, one of teriorate, calls for a republic are grow- Section 5301 of S. 1932 phases-out the the many things one learns as a Sen- ing louder. budget neutrality adjustment for Medi- ator is that speaking out about auto- On January 2, the Maoists ended care Advantage plans. Section 5301 and cratic, corrupt and abusive govern- their cease-fire by triggering bombs in the joint statement which accompanied ments invariably elicits a response. several locations. A few days later they the conference report in the Senate re- The victims of such regimes, includ- killed 12 police officers in Katmandu. quiring adjustments for differences in ing human rights and prodemocracy They have carried out attacks in coding patterns is intended to include citizens who are often imprisoned and Nepalganj and other cities, causing ci- adjustments for coding that is inac- tortured, express their appreciation. vilian casualties. A week ago, in an ap- curate or incomplete for the purpose of Knowing that they have supporters parent attempt to derail the controver- establishing risk scores that are con- halfway around the world gives them sial municipal elections scheduled for sistent across both fee-for-service and hope. February 8, gunmen who are suspected

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 512 CONGRESSIONAL RECORD—SENATE February 1, 2006 of being Maoists killed a promonarchy consulted, who see this latest move as increase in yield made on each gallon party member in the city of Janakpur. part of a calculated strategy to con- of gasoline refined. Moreover, these These brutal acts should be universally solidate his power, and who have said same companies have more than dou- condemned. There is absolutely no jus- they won’t participate. bled their control over oil production. tification for the use of violence to ter- Far more creative and persuasive Time and time again, oil companies rorize civilians or to disrupt an elec- leadership is urgently needed in Nepal, have defended startling statistics such tion. including from the army, as well as But neither can it be said that the from the United States, India, China as these. They claim that increased United States has an effective policy and other friends of Nepal, to prevent a costs for production, exploration, and when it appears to amount to little tragic situation from becoming a dis- meeting environmental standards jus- more than blaming the Maoists and re- aster. tify increasing prices at the pumps. This is obscene. I say it is time to in- peating over and over that the King f should reach out to the political par- vest in the American people. We need ties. He should, but for almost a year CONSOLIDATION IN THE ENERGY to investigate excessive market con- he has refused to do so and absent INDUSTRY: RAISING PRICES AT centration in the oil industry that is stronger pressure there is no reason to THE PUMP? stifling competition, constricting sup- believe that he will. Mr. LEAHY. Mr. President, earlier ply, and ultimately harming con- It also begs the question of what is this morning, the Judiciary Committee sumers. And then we need to do some- the legitimate role in the 21st century held a hearing on the consolidation of thing about it. the energy industry. Regretfully, due for a monarchy that has squandered its I was glad to hear the President to a scheduling conflict, I was unable moral authority and shown no com- sounding like a Democrat on energy petence for governing. to attend the hearing which was no- last night in his State of the Union Three weeks ago, in the King’s latest ticed only 1 week ago. I come to the speech. I can only hope that his words attempt to quell mounting public criti- floor this afternoon because this is an cism of his failed policies, the palace issue that needs to be addressed, not mean that he has finally abandoned the announced a preemptive curfew and a only by me, or the Committee, but by failed policy of the Cheney energy task ban on political demonstrations. Since this entire body. The exorbitant cost of force that had worked in secret with then, hundreds of prodemocracy citi- fuel is one of the most critical issues Ken Lay and other energy industry big- zens, including several political party facing our nation. wigs. Had we adopted the Democratic leaders, have been imprisoned around Strong leadership by this Congress is energy proposal on which Senator the country. needed to help all of the Americans BINGAMAN and others have worked so Two weeks ago, the police used tear whose pockets are being emptied by hard over the last several years, we gas and water cannons to break up a the skyrocketing costs of fuel. Con- would be much farther along. Nonethe- rally in Katmandu, and more political sumers, small businesses, farmers, fam- less, we welcome the President and, I protesters were arrested. The former ilies trying to heat their homes in the hope, some congressional Republicans Prime Minister remains in custody cold winter months, senior citizens on to the Democratic emphasis on alter- after a widely ridiculed ‘‘trial’’ by the limited incomes, every community in native and renewable fuels. After all King’s hand picked anticorruption this country has felt the pinch of try- that the Bush administration and the commission. ing to keep up with energy costs. Ev- Republican leadership have done to ad- The Nepali people want peace. But eryone has suffered—or rather, almost vance the interests of the oil compa- nearly a year after King Gyanendra everyone. nies, including the attempts by House justified his power grab as necessary to The day before yesterday, the big oil Republican leadership to insert special defeat the Maoists, they are stronger companies posted their year-end profit interest provisions in conference re- and peace is more elusive. As many reports for 2005. The five biggest— ports to give oil companies immunity others have said, the only viable way ExxonMobil, ChevronTexaco, Conoco- for the environmental and health dam- forward is through dialogue, including Phillips, BP, and Shell—trumpet rak- age they cause, this reversal of posi- the Maoists, under United Nations or ing in record profits for the year. In tion would be a good development for fact, ExxonMobil, with $36.7 billion in other international auspices, with the the American people. clear purpose of developing a broadly profit last year, turned the highest accepted plan to restore and strength- yearly profit in U.S. history for any Along with conservation, renewable en democracy. business. energy is a key to a cleaner, more effi- To those of Nepal’s ruling class who We did not hear from these compa- cient energy future. If the President in various opinion pieces have dis- nies today because they have declined would work with us and follow through torted my words, mischaracterized my to appear at this hearing. I am dis- with sensible proposals, we can forge a record and questioned my motives, I appointed by their decision. Boycotting bipartisan partnership. Working to- can only say that sooner or later they this hearing will not stifle our ques- gether, we can do better to make this will have to face reality. They could tions or the need for their account- a safer more energy efficient and more help save their country, but not if they ability to Congress and American con- prosperous country. I along with the continue to bury their heads in the sumers. The chairman has announced a rest of America will be watching to see sand and malign those whose only de- second hearing for the end of this if these statements are reflected in the sire is to see a democratic, peaceful month, and the executives from the oil President’s policies and budget request, Nepal. companies will attend, whether volun- however. Nepal is a beautiful country with a tarily or in answer to subpoenas. We remarkable culture. Its people, as resil- will not rest in our effort to under- We need to relieve America’s depend- ient as they are, do not deserve the stand, and then correct, the problems ence on foreign oil. Although the Mid- hardships of caste discrimination, pov- in the energy markets. east is not the source of the majority erty and violence that they endure On its face, the deplorable issue here of our energy, its share has grown dur- daily. The Maoists have shown no re- is not the unprecedented profits gar- ing this administration. I also urge the spect for the rights of civilians. But nered last year. Surely, any business President and the Republican leader- neither has the King shown that he has the size of these corporations could ship of Congress to work with us to re- a workable plan to stop Nepal’s down- produce a high yield selling their prod- lieve our dependence on foreign inves- ward spiral. His decision to hold mu- uct at $60 a barrel. Rather, the striking tors and on borrowing from Social Se- nicipal elections has only widened the issue here is how these profits compare curity to finance the record deficits gap between himself and the leaders of with years past. For example, since and growing debt that their policies the political parties who were never 1999, oil refiners have seen a 334 percent have created.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 513 REMEMBERING CORETTA SCOTT colleagues in cosponsoring and sup- every January 15th and fought for KING porting S. Res. 362 to honor the life of years to make it a national holiday, a Mr. TALENT. Mr. President, it is and express the condolences of the Sen- quest that was realized in 1986, when with great sadness that I offer my con- ate on her passing. the first Martin Luther King Day was dolences on the passing of Coretta Coretta Scott King was born April 27, celebrated and which we just recently Scott King, who passed away at the age 1927, on a farm in Heiberger, AL, to celebrated 2 weeks ago. of 78. Indeed, I offer these remarks on Obadiah, Obie, and Bernice McMurry In her own right, Mrs. King was vocal behalf of all Missourians who have been Scott. Though her family owned the and influential on many issues, includ- touched by her legacy and that of Dr. land, it was often a hard life. All the ing opposing apartheid; opposing cap- Martin Luther King, Jr. A tireless children had to pick cotton during the ital punishment; opposing the 2003 in- champion and partner in her husband’s Great Depression to help the family vasion of Iraq; and advocating for the work, Mrs. King’s life represents an make ends meet. rights of women, lesbians and gays, as American story from which we can all Graduating from Lincoln Normal well as AIDS/HIV prevention. draw strength. She never stopped School in Marion, AL, at the top of her I was disturbed to hear of Mrs. King’s working toward the prize God called class in 1945, Coretta went to Antioch hospitalization in August 2005 after her to achieve. College in Yellow Springs, OH. After suffering a stroke and a mild heart at- Born in rural Alabama on April 27, graduation, she moved to Boston, MA, tack but encouraged by her progress in 1927, Coretta Scott was the second where she met Martin Luther King, Jr. regaining some of her speech and con- child of Obadiah and Bernice Scott, They were married in 1953 on the lawn tinued physiotherapy at home. I under- hard working parents who wanted more of her parents’ house and with the cere- stand that on January 14, 2006, Mrs. opportunities than they had for their mony performed by King’s father. King made her last public appearance children. An ambitious student, Mrs. Coretta King received a degree in voice in Atlanta at a dinner honoring her King graduated first in her high school and violin at the New England Conserv- husband’s memory and that, fittingly, class and continued her studies at An- atory, then moved with her husband to she will be buried in Atlanta next to tioch College in Yellow Springs, OH. Montgomery, AL, in September 1954 her husband at The King Center. She had a passion for education and after he was named pastor of the Dex- Dr. Martin Luther King, Jr. and music and went on to the New England ter Avenue Baptist Church. Together, Coretta Scott King were remarkable Conservatory of Music in Boston, fol- they had four children: Yolanda Denise people who led remarkable lives. Our lowing her graduation from Antioch. King, Martin Luther King III, Dexter Nation is a better place for their ac- It was in 1952 in Boston where she Scott King, and Bernice Albertine tions, and they will continue to live in met the man who would become her King. our collective memory for many years husband, Dr. Martin Luther King, Jr. Mrs. King received honorary degrees to come. I wish to offer her family and They were married the next year and from many institutions including friends my deepest condolences. eventually settled in Atlanta, where Princeton University and Bates Col- Mr. LEVIN. We first came to know they reared their four children, Yo- lege. She was a member of Alpha Kappa Coretta Scott King as Dr. Martin Lu- landa, Martin, Dexter, and Bernice. Alpha, a noted African-American wom- ther King’s wife, but we came to treas- Mrs. King was by no means a bystander en’s sorority. ure her for the more than 50 years of in the groundbreaking changes her hus- The King family was front and center courageous and inspiring leadership band worked to achieve. She was a to one of the most turbulent times of she gave to our Nation. During Dr. partner in her husband’s historic work the 20th century. Just 2 weeks after the King’s tragically brief yet profoundly to make this country whole. birth of her first child, Rosa Parks was important time as America’s most Following the murder of her husband arrested on a Montgomery bus, helping prominent civil rights leader, Mrs. in 1968, Mrs. King could have chosen to spark what would develop into the King played an indispensable role, retreat into the privacy of her family. modern civil rights movement that speaking before church and community Indeed, in the aftermath of that trag- would be led by her husband. The groups, serving as a pastor’s wife, and edy, she was a widow who had the sole struggles that followed included a nar- raising four children. She was Dr. responsibility of raising four young row escape from death in 1956 when King’s rock during one of the most tur- children. But instead, Mrs. King brave- Mrs. King and her daughter were home bulent times in our history. ly chose to continue her husband’s when a bomb exploded at the family’s Mrs. King’s heroism and unyielding work and his quest for racial equality. residence—her husband was speaking determination to continue the struggle She worked tirelessly to have her hus- at Rev. Ralph Abernathy’s First Bap- for justice and equality for all could band’s birthday memorialized as a na- tist Church at the time. not be more evident than in how she tional holiday and to establish the Mrs. King later put together a series responded to a despicable incident in King Center, a lasting memorial and of Freedom Concerts that combined po- 1956. Mrs. King was in her home with research institution dedicated to the etry, narration, and music to highlight her infant daughter, Yolanda, while Dr. Dr. King’s principles of justice, equal- the movement and also raise funds for King was away on one of his many mis- ity, and peace. the Southern Christian Leadership sions for the civil rights movement, Mr. President, Coretta Scott King Conference. In 1962, she served as a speaking at the First Baptist Church in continued her work to bring this coun- Women’s Strike for Peace delegate to Montgomery, AL. Someone threw a try together until her final days. She the 17-nation Disarmament Conference bomb into the Kings’ home, and the never stopped believing that we have a in Geneva, Switzerland. bomb exploded. Even though Mrs. King historic responsibility to move Amer- Notably, she preceded her husband by and little Yolanda narrowly escaped ica forward and extend the American 2 years in opposing the Vietnam War, physical harm that day, the bombing dream to all those who seek it, regard- addressing a 1965 antiwar rally at failed to deter her. Instead, Mrs. King’s less of race. Today, as a nation, we Madison Square Garden in New York involvement in the civil rights move- mourn Mrs. King’s passing. We are City, while also serving as a liaison to ment intensified. thankful for her time here with us, the international peace and justice organi- Following her husband’s assassina- fruits of her labor, and the profound zations. tion, Coretta Scott King picked up his impact she has left on a grateful coun- Over the years, she was active in pre- mantle and made clear that his dream, try. serving the memory of her husband and of a just America, was her dream too. I yield the floor. in other political issues. After her hus- Over the nearly 40 years that followed, Mr. SPECTER. Mr. President, I wish band was assassinated in 1968, she her fight for that dream took her to to offer some remarks on our loss of began attending a commemorative every corner of the world and into Mrs. Coretta Scott King, who has service at Ebenezer Baptist Church in every heart that loved justice. She es- passed away at the age of 78. I join my Atlanta to mark her husband’s birth tablished the Martin Luther King, Jr.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 514 CONGRESSIONAL RECORD—SENATE February 1, 2006 Center for Nonviolent Social Change. is to make that connection with the ADDITIONAL STATEMENTS She worked to advance the cause of students that they too are part of his- justice and human rights around the tory, the space program belongs to world, speaking out for racial and eco- them.’’ I believe this statement rep- CONGRATULATING DR. LEILA nomic justice, women’s and children’s resents very well the spirit of curiosity DAUGHTRY DENMARK ON HER rights, religious freedom, full employ- and the hope for the future that both 109TH BIRTHDAY ment, health care, and education. She these brave explorers and the space ∑ Mr. CHAMBLISS. Mr. President, Dr. championed the national holiday in program represent. Leila Daughtry Denmark is truly a re- honor of Dr. King’s legacy. And, as she Then, just 3 short years ago, seven markable person; she is someone to be carried on Dr. King’s message, she be- men and women lost their lives when greatly admired. Her accomplishments came an icon of the civil rights move- the space shuttle Columbia exploded as as a doctor and a humanitarian are ex- ment in her own right. it reentered the atmosphere. So many ceptional. It is with great pleasure that In September 2004, the Senate passed individuals pulled together to help in Julianne and I extend our warmest legislation to honor Mrs. King and Dr. recovery efforts after this national congratulations to her on her 109th Martin Luther King, Jr., post- tragedy. The police departments, fire- birthday. humously, with Congress’s highest fighters, local VFWs and emergency Today, Dr. Denmark’s loved ones honor—the Congressional Gold Medal— services, as well as the thousands of gather around her to celebrate her for their contributions to the Nation. volunteers from East Texas and across birthday and recognize a lifetime of It was my great honor to deliver this the State, worked remarkably well to- achievement. Her tireless, selfless, news to Mrs. King the next day at an gether to handle the crisis and to pre- compassion for others is an example to awards ceremony sponsored by the vent further tragedy on the ground. all of us. Senate Black Legislative Staff Caucus, Law enforcement officials, NASA, and Edna Jones, a friend of Dr. Denmark, where Mrs. King was honored with FEMA faced such a difficult time in said it best when she described her as their Leadership and Achievement the aftermath—and they handled the truly a ‘‘one of a kind lady.’’ Edna’s re- Award. Over the next few months, my stress with grace. marks are right on target, she is a true staff worked with Mrs. King, along pioneer. After being the third woman with the U.S. Mint and Congressman The NASA community suffered a pro- to graduate from Georgia Medical Col- found loss with these tragedies. This JOHN LEWIS’s staff, in designing the lege, she became Egleston Hospital’s gold medal. In March 2005, Mrs. King dedicated team of professionals is a first intern, as well as Georgia’s first contributed these words, from some of symbol of our passion for science, ex- pediatrician. She quickly gained exper- her favorite lines from Dr. King’s ploration, and the discovery of places tise and respect, joining with her col- speeches, to appear on one side of the and worlds as yet unknown, and we ap- leagues to develop the D.P.T. shot medal: ‘‘I suggest that the philosophy preciate the service of all of these men which immunizes against whooping and strategy of nonviolence become and women. cough and tetanus. This breakthrough immediately a subject for study for se- The seven heroes who lost their lives has saved countless lives all over the rious experimentation in every field of that day had dedicated themselves to world. human conflict, by no means excluding the future of our Nation’s space pro- Dr. Denmark’s kindness and compas- the relations between nations. This gram, seven men and women who knew sion as a human being along with her may well be mankind’s last chance to the risks of climbing into a rocket, brilliance and talent as a doctor have choose between chaos and commu- leaving the Earth, and exploring the earned her considerable praise and rec- nity.’’ Mrs. King offered these lines less heavens, seven men and women who ognition. She has been commended by than a year ago, reflecting her stead- volunteered for an extremely dan- both Georgia’s Senate and House legis- fast commitment to nonviolence gerous but critically important mis- lative bodies—Dr. Denmark has even throughout her entire life. sion: had a highway intersection named in Coretta Scott King moved our Nation Shuttle Commander Rick Husband her honor. In 1998, she was named as forward, and we owe her a debt that we one of Atlanta Business Chronicle’s Pilot William McCool cannot repay. As we mourn Mrs. King’s Health Care Heroes. passing today, let us celebrate her ex- Payload Commander Michael Anderson She also published her book, ‘‘Every ceptional life, and let us honor her by Mission Specialist Kalpana Chawla Child Should Have a Chance’’ in 1971. recommitting ourselves to the dream Mission Specialist David Brown Her message to parents was how to the Kings shared of freedom, justice, Mission Specialist Laurel Blair Salton raise happy healthy children who are and equality for all people. Clark well adjusted and well mannered, chil- Our thoughts and prayers are with Payload Specialist Ilan Ramon dren who are of virtue and of strong Yolanda, Martin III, Dexter, and Ber- character. Her book and her wisdom These brave seven, as well as the crew nice King and all of the King family. have had an impact on numerous par- lost with Columbia, as well as the three f ents and children alike and continue to who lost their lives to the Apollo 1 fire serve as a guide to many. SPACE SHUTTLE ‘‘CHALLENGER’’/ in 1967, are all shining examples of the For 56 years, Dr. Denmark volun- ‘‘COLUMBIA’’ courage, enthusiasm, and awe that teered once a week at Atlanta’s Cen- Mr. CORNYN. Mr. President, I rise runs through the veins of all the men tral Presbyterian Clinic, and chances today to remember two events, one and women of NASA—and all the eager are, if you were a patient of Dr. Den- which occurred 20 years ago this past children across this Nation who look to mark, she wouldn’t charge you more Wednesday, and another which took the stars and see the beginning, not the than $10 a visit. In everything she does, place 3 years ago today. These dates end, of their universe. Dr. Denmark exemplifies a true hu- mark profound tragedies in the history These brave astronauts throughout manitarian and remains committed to of the U.S. space program. the space program inspire not only our her healing profession. We could all As my colleagues will remember, the Nation and our children—they inspire stand to learn from a person like her. space shuttle Challenger exploded just the world. Their actions, bravery, and Dr. Denmark has a sincere, no-non- minutes after takeoff in 1986, claiming achievement are a challenge to human- sense devotion to others. She has been the lives of five men and two women, kind. A challenge to dream, to achieve an example and an inspiration to gen- among them Christa McAuliffe, who more and to reach farther than ever erations. I am impressed by her life- was to have been the first teacher in thought possible. I thank these coura- time commitment and service to oth- space. She is quoted as saying shortly geous explorers—and those they left ers. And I know that Georgians are before the flight, ‘‘One of the things I behind—for their sacrifice for our coun- proud to count Dr. Denmark as one of hope to bring back into the classroom try. our own.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 515 Mr. President, again, my wife, dents and staff at the Pierz Public Paige Phillips writes, ‘‘Every day Julianne, and I are delighted to wish Schools understand that, in order to be when I come to school I feel safe, and her a happy 109th birthday and contin- successful, a school must go beyond to me that is very important. . . . ued happiness and health.∑ achieving academic success; it must When I get hurt I always know some- f also provide a nurturing environment one’s ready to take care of me.’’ where students develop the knowledge, Kaela Middleton writes, ‘‘I am going AWARD FOR EXCELLENCE IN skills, and attitudes for success in life. to tell you what we do in our everyday EDUCATION All of the faculty, staff, and students school day so you know that it is not ∑ Mr. DAYTON. Mr. President, I rise at the Pierz Public School District always fun and games, but that it can today to honor the Pierz Public should be very proud of their accom- also be very hard work.’’ Schools, in Pierz, MN, which recently plishment. Anna Razidlo writes, ‘‘Riverside de- earned an Award for Excellence in Edu- I congratulate the Pierz Public serves this award because we have so cation for its exceptional and innova- School District in Pierz, MN, for win- many kind, fun and exciting teachers! tive achievements in educating chil- ning the Award for Excellence in Edu- . . . Almost every student gets a great dren. cation and for its exceptional contribu- score . . . on their tests because we The Pierz Public School District is tions to education in Minnesota.∑ learn so much . . . we don’t even notice truly a model of educational success. f how hard we are working to learn. . . . Mr. George Weber, the superintendent I feel lucky to go to a great school.’’ AWARD FOR EXCELLENCE IN of the Pierz School District, describes Emma Higgenbothem writes, ‘‘River- EDUCATION ‘‘the overall feeling of pride the citi- side makes you want to come to school zens have in our schools and in our ∑ Mr. DAYTON. Mr. President, I rise everyday because we have nice people, work ethic, which has resulted in a today to honor Riverside Elementary kind teachers, and we learn a lot of broad sense of excellence.’’ The Dis- School, in Brainerd, MN, which re- things. . . . We also have kind trict’s accomplishments are even more cently earned an Award for Excellence custodians who work hard to clean our impressive, given that they have oc- in Education for its exceptional and in- school. I like coming to a clean school curred during an era of revenue reduc- novative achievements in educating everyday.’’ tions at the State and Federal levels, children. And, finally, Kallie Konklin captures in a relatively poor community where Riverside Elementary School is truly the overall success of Riverside by more than 40 percent of the children a model of educational success. On my writing, ‘‘If you are wondering why recent visit to Riverside, 10 fourth- qualify for free and reduced lunches, Riverside is a school of excellence, I graders shared with me their essays on think you came to the right person to and in a part of the State experiencing what makes Riverside a special place ask. . . . Our teachers are very kind, falling enrollment and economic de- to learn. Toni Gohman, Amanda caring and patient with our needs and cline. Kunde, Allison Morris, Tom Stoxen, different personalities. . . . Last, but Despite repeated State revenue Kallie Konklin, Gretchen Gramer, not least, we have Mrs. Engler, our shortfalls, the Pierz Public School Dis- Paige Phillips, Kaela Middleton, Anna principal. She is the one who keeps ev- trict has managed to preserve a bal- Razidlo, and Emma Higgenbothem are erything running smoothly, and deals anced budget. The district operates on to be commended for their exceptional with all of the politics associated with a very lean administrative staff, whose writing ability and for superbly read- running a large grade school.’’ superintendent and business manager ing their essays at an all-school assem- As Kallie and several other pupils perform all central administrative bly. noted, much of the credit for Riverside functions, including curriculum, I would like to quote briefly from Elementary School’s success belongs to human resources, plant management, several of the essays to offer a true fla- its principal, Cathy Engler, and her student services, transportation, and vor of the exceptional educational dedicated teachers. The students and food service. This restraint has allowed achievements at Riverside Elementary. staff at Riverside Elementary under- the district to devote the vast majority Amanda Kunde writes, ‘‘I feel safe stand that, in order to be successful, a of its resources to the classroom. and happy here at Riverside. . . . Mrs. school must go beyond achieving aca- The district’s commitment to its Engler, the teachers and the teachers’ demic success; it must also provide a classrooms has allowed the schools to assistants are awesome. It’s nice to nurturing environment where students keep class sizes small—ranging from 19 know that people care about me.’’ develop the knowledge, skills, and atti- to 27—with half of the classrooms kept Allison Morris writes, ‘‘Our teachers tudes for success in life. All of the fac- to fewer than 23 students. By contrast, make learning fun, interesting & excit- ulty, staff, and students at Riverside in Minnesota, the number of students ing. They . . . not only teach the Elementary should be very proud of per classroom averages between 27 to standard subjects like reading and their accomplishment. 30. The district also provides all-day math, they help teach us to be respon- I congratulate Riverside Elementary kindergarten for all, which is not sup- sible for our actions, and to respect one in Brainerd, MN, for winning the ported by the State’s school revenue another.’’ Award for Excellence in Education and formula. Gretchen Gramer writes, ‘‘Every stu- for its exceptional contributions to The Pierz School District has also dent has a different personality. We education in Minnesota.∑ demonstrated its commitment to pro- help each other when we are stuck and f viding exceptional facilities for its stu- when we are hurt. . . . We get rewarded dents. The district has added a new when we are good by a new program HONORING CAROLE PAGONES computer lab in each of the past 3 called ‘Caught Being Good.’ . . . We ∑ Mr. JOHNSON. Mr. President, I rise years; remodeled an old gymnasium have other great helpers at our school. today to publicly recognize and honor into a new performing arts center; and The custodians, the nurse, the office Carole Pagones on the occasion of her built a new gymnasium, an eight-lane staff and the cooks all do a great job.’’ retirement from Main Street Sioux running track with state-of-the-art Toni Gohman writes, ‘‘Riverside is an Falls, Inc. Under her extraordinary electronic timing equipment, two irri- awesome school. It has an awesome leadership, Main Street Sioux Falls gated baseball fields, and a newly re- principal, great teachers, and respect- helped to engineer a dramatic revital- modeled football stadium. ful and kind students.’’ ization of the core commercial district Much of the credit for the Pierz Pub- Tom Stoxen writes, ‘‘All of the peo- in South Dakota’s largest city. lic School District’s success belongs to ple at our school are really friendly When Carole took the helm at Main Superintendent George Weber, elemen- and helpful to all of the kids. . . . The Street Sioux Falls, first-floor vacan- tary school principal Lealen Swoboda, cooks are really nice and cook good cies in downtown buildings were at a high school principal Paul DeMorett, food. We even get seconds sometimes, discouraging 69 percent, and the down- and their dedicated teachers. The stu- but not on the dessert.’’ town area was usually deserted after 5

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 516 CONGRESSIONAL RECORD—SENATE February 1, 2006 o’clock. Like so many towns and cities, she spent much of her adult life con- (The nominations received today are Sioux Falls struggled to maintain the fined to a wheelchair. Faced with seem- printed at the end of the Senate pro- vitality of the area that was once its ingly insurmountable odds, Jessie used ceedings.) heart and soul. her experience to better the lives of f While some merely lamented this sit- many others with similar handicaps. A MESSAGE FROM THE HOUSE uation, Carole energetically set about fixture in transportation activist changing it. During a 12-year stint as groups, she spoke across the country At 6:12 p.m., a message from the the executive director of Main Street on behalf of her causes. House of Representatives, delivered by Sioux Falls, and later as the organiza- Jessie testified before the U.S. Sen- Mr. Hays, one of its reading clerks, an- tion’s development director, she initi- ate Committee on Banking, Housing, nounced that the House agree to the ated new events to draw people to the and Urban Affairs in 2002 at a Housing amendment of the Senate to the area. She worked to enhance the area’s and Transportation Subcommittee amendment of the House to the bill (S. appearance to make it more inviting. meeting. Jessie emphasized the need 1932) to provide for reconciliation pur- The historic preservation of building for effective public transportation and suant to section 202(a) of the concur- facades and outdoor dining opportuni- cited her own experiences as a person rent resolution on the budget for fiscal ties are particularly valuable enhance- unable to drive. Her testimony was year 2006 (H. Con. Res. 95). ments for the downtown area. And she powerful and useful as the Senate The message also announced that the wielded her personal charm to persuade worked on the Transportation Equity House has passed the following bill, in individual businesses to return to the Act for the 21st Century. which it requests the concurrence of area. Jessie was optimistic, energetic, and the Senate: Today, any visitor to downtown passionate. I am proud of her efforts, H.R. 4659. An act to amend the USA PA- Sioux Falls can immediately sense the and I am grateful for her dedication to TRIOT Act to extend the sunset of certain wonderful results of Carole’s efforts. this important cause. I know that she provisions of such Act. Numerous shops, restaurants, and will be missed not only by her husband, The message further announced that other businesses now operate in an Jim Tehranchi, and two sons, David the House has agreed to the following area that is once again one of the city’s and Michael, and her many friends, but concurrent resolution, in which it re- most desirable locations. Statistics tell by the many people whose lives she quests the concurrence of the Senate: the same story—under Carole’s tenure, touched through her devotion to public H. Con. Res. 332. Concurrent resolution the vacancy rate that once stood at transportation.∑ providing for a conditional adjournment of the House of Representatives. nearly three quarters of all first-floor f downtown properties has been whittled The message also announced that down to a mere 7 percent. TRIBUTE TO MARTHA TSCHETTER pursuant to section 703 of the Social Besides restoring the vibrancy of the ∑ Mr. THUNE. Mr. President, today I Security Act (42 U.S.C. 903 note), the core downtown area, Carole has also rise to recognize Martha Tschetter for order of the House of December 18, 2005, helped Sioux Falls prepare for trans- her tireless work bringing warmth and and upon the recommendation of the formational developments that will ex- kindness to total strangers. Mrs. Minority Leader, the Speaker on Janu- pand and improve what we have tradi- Tschetter, at the age of 85, has worked ary 18, 2006, appointed the following tionally considered to be ‘‘downtown’’. tirelessly since 1988 hooking quilts for member on the part of the House of For example, the Philips-to-the-Falls a Mennonite charity. In November, Representatives to the Social Security project will link downtown with the Martha donated her 3,000th quilt to Advisory Board for a term of 6 years: natural amenities of nearby Falls charity. Martha’s contribution to her Mrs. Barbara Kennelly of Connecticut. Park. And development is now gaining community does not stop there. The message further announced that steam on the ‘‘East Bank’’ of the Big Martha’s service to her community pursuant to 20 U.S.C. 2l03(b), and the Sioux River, opposite the vibrant area did not start eighteen years ago but order of the House of December 18, 2005, on the west side of the river. began many decades ago. Mrs. the Speaker on January 23, 2006, ap- Though Carol’s presence at Main Tschetter served as a teacher in the pointed from private life to the Board Street Sioux Falls will be sorely Freeman area for the better part of five of Trustees of the American Folklore missed following her retirement, she decades. Martha spent thirty six years Life Center in the Library of Congress leaves the organization well prepared as a full time teacher in the Freeman on the part of the House of Representa- to build upon her remarkable record of area only to serve another twelve years tives for a term of 6 years: Appointed success. Fortunately, Sioux Falls and as a substitute teacher at Freeman El- Mr. Charlie Seeman of Spring Creek, the entire State will continue to ben- ementary. Nevada, and Reappointed Ms. Kay efit from Carole’s leadership through Martha is a shining reminder to us Kaufman Shelemay of Cambridge, Mas- her membership on the State’s Board all that life does not end at 65. She has sachusetts. of Regents and her ongoing participa- never stopped giving of herself to help The message also announced that tion in many Main Street Sioux Falls those in need. Today, I am glad to rise pursuant to section 1909(b) of events. with Martha’s friends and family in SAFETEA–LU (Public Law 109–59), and On behalf of all South Dakotans, I congratulating her on her continual the order of the House of December 18, congratulate Carole Pagones for her service to her community.∑ 2005, the Speaker on January 23, 2006, outstanding leadership, and I wish her f appointed the following members on continued successes on all her new the part of the House of Representa- challenges and opportunities.∑ MESSAGES FROM THE PRESIDENT tives to the National Surface Transpor- f Messages from the President of the tation Policy and Revenue Study Com- United States were communicated to mission: Mr. Jack L Schenendorf of TRIBUTE TO JESSIE TEHRANCHI the Senate by Ms. Evans, one of his Chevy Chase, Maryland, and Mr. Mat- ∑ Mr. SHELBY. Mr. President, Jessie secretaries. thew K. Rose of Westlake, Texas. Tehranchi was a passionate advocate f The message further announced that for improved public transportation and pursuant to section 1238(b)(3) of the universal health care from my State of EXECUTIVE MESSAGES REFERRED Floyd D. Spence National Defense Au- Alabama. Jessie dedicated her time to As in executive session the Presiding thorization Act for Fiscal Year 2001 (22 helping others as she worked to advo- Officer laid before the Senate messages U.S.C. 7002), as amended by division P cate on behalf of the issues that shaped from the President of the United of the Consolidated Appropriations her life. States submitting sundry nominations Resolution, 2003 (22 U.S.C. 6901), and Jessie’s passion was personal; diag- which were referred to the Committee the order of the House of December 18, nosed with multiple sclerosis in 1987, on Armed Services. 2005, the Speaker on January 25, 2006,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 517 appointed the following members on ures to Reduce the Incidental Catch of titled ‘‘Annual Adjustment of Ceiling on Al- the part of the House of Representa- Seabirds in the Hawaii Pelagic Longline lowable Charge for Certain Disclosures tives to the United States-China Eco- Fishery’’ ((RIN0648–AS30) (I.D.060505D)) re- Under the Fair Credit Reporting Act Section nomic and Security Review Commis- ceived on January 16, 2006; to the Committee 612(f)’’ received on January 18, 2006; to the on Commerce, Science, and Transportation. Committee on Commerce, Science, and sion for terms to expire December 31, EC–5467. A communication from the Acting Transportation. 2007: Mr. Peter T. R. Brookes of Spring- Deputy Assistant Administrator for Regu- EC–5475. A communication from the Sec- field, Virginia, and Ms. Kerri Houston latory Programs, Office of Sustainable Fish- retary, Federal Trade Commission, transmit- of Great Falls, Virginia. eries, National Oceanic and Atmospheric Ad- ting, pursuant to law, the report of a rule entitled ‘‘Rules and Regulations under the Tex- f ministration, Department of Commerce, transmitting, pursuant to law, the report of tile Fiber Products Identification Act’’ (16 EXECUTIVE AND OTHER a rule entitled ‘‘Magnuson-Stevens Fishery CFR part 303) received on January 18, 2006; to COMMUNICATIONS Conservation and Management Act Provi- the Committee on Commerce, Science, and Transportation. The following communications were sions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery, EC–5476. A communication from the Sec- laid before the Senate, together with Emergency Temporary Rule to Address Had- retary, Federal Trade Commission, transmit- accompanying papers, reports, and doc- dock Bycatch in Herring Fishery’’ (RIN0648– ting, pursuant to law, the report of a rule en- uments, and were referred as indicated: AT36) received on January 16, 2006; to the titled ‘‘Premerger Notification: Reporting EC–5461. A communication from the Direc- Committee on Commerce, Science, and and Waiting Period Requirements: Final tor, Office of Sustainable Fisheries, National Transportation. Rules Amending Premerger Notification Oceanic and Atmospheric Administration, EC–5468. A communication from the Direc- Rules’’ (RIN3084–AA91) received on January Department of Commerce, transmitting, pur- tor, Office of Sustainable Fisheries, National 25, 2006; to the Committee on Commerce, suant to law, the report of a rule entitled Oceanic and Atmospheric Administration, Science, and Transportation. EC–5477. A communication from the Pro- ‘‘Temporary Rule, Quota Adjustment for the Department of Commerce, transmitting, pur- gram Analyst, Federal Aviation Administra- Closed Area I Hook Gear Haddock Special suant to law, the report of a rule entitled tion, Department of Transportation, trans- Access Program’’ (RIN0648–AT08) received on ‘‘Atlantic Highly Migratory Species; Atlan- mitting, pursuant to law, the report of a rule January 16, 2006; to the Committee on Com- tic Bluefin Tuna Fisheries; Temporary Rule; entitled ‘‘Establishment of Class D Airspace; merce, Science, and Transportation. Inseason Retention Limit Adjustment’’ Modification to Class E: Rogers, AR’’ EC–5462. A communication from the Acting (I.D.121205F) received on January 16, 2006; to ((RIN2120–AA66) (2006–0002)) received on Jan- Director, Office of Sustainable Fisheries, Na- the Committee on Commerce, Science, and uary 25, 2006; to the Committee on Com- tional Oceanic and Atmospheric Administra- Transportation. merce, Science, and Transportation. tion, Department of Commerce, transmit- EC–5469. A communication from the Assist- EC–5478. A communication from the Pro- ting, pursuant to law, the report of a rule en- ant Administrator for Procurement, Na- gram Analyst, Federal Aviation Administra- titled ‘‘Atlantic Herring Fishery; Closure of tional Aeronautics and Space Administra- tion, Department of Transportation, trans- Directed Fishery for Management Area 1B’’ tion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule (I.D.112505D) received on January 16, 2006; to port of a rule entitled ‘‘Property Administra- entitled ‘‘Hazardous Material Training Re- the Committee on Commerce, Science, and tion and Reporting for Interagency Acquisi- quirements, Correction’’ ((RIN2120–AG75) Transportation. tions’’ (RIN2700–AD20) received on January (2006–0001)) received on January 25, 2006; to EC–5463. A communication from the Acting 18, 2006; to the Committee on Commerce, the Committee on Commerce, Science, and Deputy Assistant Administrator for Regu- Science, and Transportation. Transportation. latory Programs, Office of Sustainable Fish- EC–5470. A communication from the Assist- EC–5479. A communication from the Pro- eries, National Oceanic and Atmospheric Ad- ant Administrator for Procurement, Na- gram Analyst, Federal Aviation Administra- ministration, Department of Commerce, tional Aeronautics and Space Administra- tion, Department of Transportation, trans- transmitting, pursuant to law, the report of tion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule a rule entitled ‘‘Groundfish Fisheries of the port of a rule entitled ‘‘NASA Research An- entitled ‘‘Supplemental Oxygen; WITH- Exclusive Economic Zone Off the Coast of nouncements—Small Business Subcon- DRAWAL’’ ((RIN2120–AI65) (2006–0001)) re- Alaska; Recordkeeping and Reporting’’ tracting Plans and Publication Acknowl- ceived on January 25, 2006; to the Committee ((RIN0648–AR67) (I.D.062105B)) received on edgement and Disclaimers’’ (RIN2700–AD03) on Commerce, Science, and Transportation. January 16, 2006; to the Committee on Com- received on January 18, 2006; to the Com- EC–5480. A communication from the Pro- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–5464. A communication from the Acting tation. tion, Department of Transportation, trans- Deputy Assistant Administrator for Regu- EC–5471. A communication from the Direc- mitting, pursuant to law, the report of a rule latory Programs, Office of Sustainable Fish- tor, National Institute of Standards and entitled ‘‘Standard Instrument Approach eries, National Oceanic and Atmospheric Ad- Technology, Department of Commerce, Procedures; Miscellaneous Amendments ministration, Department of Commerce, transmitting, pursuant to law, the report of (43)’’ ((RIN2120–AA65) (2006–0002)) received on transmitting, pursuant to law, the report of a rule entitled ‘‘Small Grants Programs and January 25, 2006; to the Committee on Com- a rule entitled ‘‘Fisheries of the Exclusive Precision Measurement Grants Program; merce, Science, and Transportation. Economic Zone Off the Coast of Alaska; Allo- Availability of Funds’’ (RIN0693–ZA64) re- EC–5481. A communication from the Pro- cating Bering Sea and Aleutian Islands King ceived January 16, 2006; to the Committee on gram Analyst, Federal Aviation Administra- and Tanner Crab Fishery Resources; Correc- Commerce, Science, and Transportation. tion, Department of Transportation, trans- tion’’ (RIN0648–AS47) received on January 16, EC–5472. A communication from the Dep- mitting, pursuant to law, the report of a rule 2006; to the Committee on Commerce, uty Bureau Chief, Consumer and Govern- entitled ‘‘Standard Instrument Approach Science, and Transportation. mental Affairs Bureau, Federal Communica- Procedures; Miscellaneous Amendments EC–5465. A communication from the Acting tions Commission, transmitting, pursuant to (16)’’ ((RIN2120–AA65) (2006–0003)) received on Deputy Assistant Administrator for Regu- law, the report of a rule entitled ‘‘Tele- January 25, 2006; to the Committee on Com- latory Programs, Office of Sustainable Fish- communications Relay Services and Speech- merce, Science, and Transportation. eries, National Oceanic and Atmospheric Ad- to-Speech Services for Individuals with EC–5482. A communication from the Pro- ministration, Department of Commerce, Hearing and Speech Disabilities, Report and gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of Order and Order on Reconsideration’’ (FCC tion, Department of Transportation, trans- a rule entitled ‘‘Fisheries of the Caribbean, 05–203) received on January 16, 2006; to the mitting, pursuant to law, the report of a rule Gulf of Mexico, and South Atlantic; Shrimp Committee on Commerce, Science, and entitled ‘‘Standard Instrument Approach Fishery Off the Southern Atlantic States; Transportation. Procedures; Miscellaneous Amendments Amendment 6’’ (RIN0648–AS16) received on EC–5473. A communication from the Sec- (36)’’ ((RIN2120–AA65) (2006–0001)) received on January 16, 2006; to the Committee on Com- retary, Federal Trade Commission, transmit- January 25, 2006; to the Committee on Com- merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. EC–5466. A communication from the Acting titled ‘‘Premerger Notification: Reporting EC–5483. A communication from the Pro- Deputy Assistant Administrator for Regu- and Waiting Period Requirements: Final gram Analyst, Federal Aviation Administra- latory Programs, Office of Sustainable Fish- Rule Amending Premerger Notification tion, Department of Transportation, trans- eries, National Oceanic and Atmospheric Ad- Rules’’ (RIN3084–AA91) received on January mitting, pursuant to law, the report of a rule ministration, Department of Commerce, 18, 2006; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Pratt transmitting, pursuant to law, the report of Science, and Transportation. and Whitney JT9D–7R4 Turbofan Engines’’ a rule entitled ‘‘Fisheries Off West Coast EC–5474. A communication from the Sec- ((RIN2120–AA64) (2006–0011)) received on Jan- States and in the Western Pacific; Western retary, Federal Trade Commission, transmit- uary 25, 2006; to the Committee on Com- Pacific Pelagic Fisheries; Additional Meas- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 518 CONGRESSIONAL RECORD—SENATE February 1, 2006 EC–5484. A communication from the Pro- tion, Department of Transportation, trans- EC–5500. A communication from the Chief, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Regulations and Administrative Law, United tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: States Coast Guard, Department of Home- mitting, pursuant to law, the report of a rule Turbomeca Arriel 2B and 2B1 Turboshaft En- land Security, transmitting, pursuant to entitled ‘‘Airworthiness Directives: Dowty gines’’ ((RIN2120–AA64) (2006–0003)) received law, the report of a rule entitled ‘‘Draw- Aerospace Propellers Type R321/4–82–F/8, on January 25, 2006; to the Committee on bridge Operation Regulations (including 2 Type R324/4–82–F/9, Type R333/4–82–F/12, and Commerce, Science, and Transportation. regulations): [CGD08–05–049], [CGD01–05–102]’’ Type R334/4–82–F/13’’ ((RIN2120–AA64) (2006– EC–5493. A communication from the Pro- (RIN1625–AA09) received on January 26, 2006; 0006)) received on January 25, 2006; to the gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, Committee on Commerce, Science, and tion, Department of Transportation, trans- and Transportation. Transportation. mitting, pursuant to law, the report of a rule EC–5501. A communication from the Chief, EC–5485. A communication from the Pro- entitled ‘‘Airworthiness Standards; Normal, Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- Utility, Acrobatic, and Commuter Category States Coast Guard, Department of Home- tion, Department of Transportation, trans- Airplanes; Correction’’ (RIN2120–ZZ78) re- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule ceived on January 25, 2006; to the Committee law, the report of a rule entitled ‘‘Draw- entitled ‘‘Airworthiness Directives: Rolls on Commerce, Science, and Transportation. bridge Operation Regulations (including 2 Royce plc RB211 Trent 800 Series Turbofan EC–5494. A communication from the Pro- regulations): [CGD05–06–001], [CGD05–06–004]’’ Engines’’ ((RIN2120–AA64) (2006–0007)) re- gram Analyst, Federal Aviation Administra- (RIN1625–AA09) received on January 26, 2006; ceived on January 25, 2006; to the Committee tion, Department of Transportation, trans- to the Committee on Commerce, Science, on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule and Transportation. EC–5486. A communication from the Pro- entitled ‘‘Airworthiness Directives: EC–5502. A communication from the Chief, gram Analyst, Federal Aviation Administra- CENTRAIR 101 Series Gliders’’ ((RIN2120– Regulations and Administrative Law, United tion, Department of Transportation, trans- AA64) (2006–0002)) received on January 25, States Coast Guard, Department of Home- mitting, pursuant to law, the report of a rule 2006; to the Committee on Commerce, land Security, transmitting, pursuant to entitled ‘‘Airworthiness Directives: Airbus Science, and Transportation. law, the report of a rule entitled ‘‘Regulated Model A318–100, A319–100, A320–200, A321–100, EC–5495. A communication from the Acting Navigation Area, Chicago Sanitary and Ship and A321–200 Series Airplanes; and Model Deputy Assistant Administrator for Regu- Canal, Romeoville, IL’’ (RIN1625–AA11) re- A320–111 Airplanes’’ ((RIN2120–AA64) (2006– latory Programs, Office of Sustainable Fish- ceived on January 26, 2006; to the Committee 0010)) received on January 25, 2006; to the eries, National Oceanic and Atmospheric Ad- on Commerce, Science, and Transportation. Committee on Commerce, Science, and ministration, Department of Commerce, EC–5503. A communication from the Chief, Transportation. transmitting, pursuant to law, the report of Regulations and Administrative Law, United EC–5487. A communication from the Pro- a rule entitled ‘‘Fisheries of the Caribbean, States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- Gulf of Mexico, and South Atlantic; Gulf of land Security, transmitting, pursuant to tion, Department of Transportation, trans- Mexico Essential Fish Habitat Amendment’’ law, the report of a rule entitled ‘‘Security mitting, pursuant to law, the report of a rule (RIN0648–AS66) received on January 25, 2006; Zones (including 2 regulations): [COTP entitled ‘‘Airworthiness Directives: Fokker to the Committee on Commerce, Science, Prince William Sound 02–011], [COTP Prince Model F27 Mark 050 Airplanes’’ ((RIN2120– and Transportation. William Sound 05–012]’’ (RIN1625–AA87) re- AA64) (2006–0008)) received on January 25, EC–5496. A communication from the Direc- ceived on January 26, 2006; to the Committee 2006; to the Committee on Commerce, tor, Office of Sustainable Fisheries, National on Commerce, Science, and Transportation. Science, and Transportation. Oceanic and Atmospheric Administration, EC–5504. A communication from the Chief, EC–5488. A communication from the Pro- Department of Commerce, transmitting, pur- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- suant to law, the report of a rule entitled States Coast Guard, Department of Home- tion, Department of Transportation, trans- ‘‘Atlantic Highly Migratory Species; Atlan- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule tic Bluefin Tuna Fisheries; Temporary Rule; law, the report of a rule entitled ‘‘Anchorage entitled ‘‘Airworthiness Directives: Boeing Inseason Retention Limit Adjustment’’ Regulations; San Pedro Bay, CA’’ (RIN1625– Model 767–200 and –300 Series Airplanes’’ (I.D.122805B) received on January 25, 2006; to AA01) received on January 26, 2006; to the ((RIN2120–AA64) (2006–0009)) received on Jan- the Committee on Commerce, Science, and Committee on Commerce, Science, and uary 25, 2006; to the Committee on Com- Transportation. Transportation. merce, Science, and Transportation. EC–5497. A communication from the Acting EC–5505. A communication from the Chief, EC–5489. A communication from the Pro- Deputy Assistant Administrator for Regu- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- latory Programs, Office of Sustainable Fish- States Coast Guard, Department of Home- tion, Department of Transportation, trans- eries, National Oceanic and Atmospheric Ad- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule ministration, Department of Commerce, law, the report of a rule entitled ‘‘Safety entitled ‘‘Airworthiness Directives: Empresa transmitting, pursuant to law, the report of Zones (including 5 regulations): [COTP San Brasileira de Aeronautica SA Model EMB– a rule entitled ‘‘Fisheries of the Caribbean, Francisco Bay 05–011], [COTP ST Petersburg 135BJ, –135ER, 135KE, –135KL, 135LR, –145, Gulf of Mexico, and South Atlantic; Gulf of 05–163], [COTP Charleston 06–003], [COTP –145ER, –145MR, –145LR, –145XR, –145MP, and Mexico Commercial Grouper Fishery; Trip Charleston 05–143], [CGD13–06–002]’’ (RIN1625– –145EP Airplanes’’ ((RIN2120–AA64) (2006– Limit’’ (RIN0648–AT12) received on January AA00) received on January 26, 2006; to the 0005)) received on January 25, 2006; to the 25, 2006; to the Committee on Commerce, Committee on Commerce, Science, and Committee on Commerce, Science, and Science, and Transportation. Transportation. Transportation. EC–5498. A communication from the Acting EC–5506. A communication from the Chief, EC–5490. A communication from the Pro- Director, Office of Sustainable Fisheries, Na- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- tional Oceanic and Atmospheric Administra- States Coast Guard, Department of Home- tion, Department of Transportation, trans- tion, Department of Commerce, transmit- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Validation entitled ‘‘Airworthiness Directives: Empresa titled ‘‘Fisheries of the Exclusive Economic of Merchant Mariners’’ Vital Information Brasileira de Aeronautica SA Model EMB–135 Zone Off Alaska; Groundfish in the Bering and Issuance of Coast Guard Merchant Mari- Airplanes, and Model EMB–145, –145ER, Sea and Aleutian Islands Management Area’’ ners’ Licenses and Certificates of Registry’’ –145MR, –145LR, –145XR, –145MP, and –145EP (I.D. 122305A) received on January 25, 2006; to (RIN1625–AA85) received on January 26, 2006; Airplanes’’ ((RIN2120–AA64) (2006–0001)) re- the Committee on Commerce, Science, and to the Committee on Commerce, Science, ceived on January 25, 2006; to the Committee Transportation. and Transportation. on Commerce, Science, and Transportation. EC–5499. A communication from the Acting EC–5507. A communication from the Chief, EC–5491. A communication from the Pro- Director, Office of Sustainable Fisheries, Na- Regulations and Administrative Law, United gram Analyst, Federal Aviation Administra- tional Oceanic and Atmospheric Administra- States Coast Guard, Department of Home- tion, Department of Transportation, trans- tion, Department of Commerce, transmit- land Security, transmitting, pursuant to mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Shipping; entitled ‘‘Airworthiness Directives: titled ‘‘Fisheries Off West Coast States and Technical, Organizational and Conforming Turbomeca Astazou XIV B and XIV H Turbo- in the Western Pacific; West Coast Salmon Amendments’’ (RIN1625–ZA05) received on shaft Engines’’ ((RIN2120–AA64) (2006–0004)) Fisheries; In season Action #10—Adjustment January 26, 2006; to the Committee on Com- received on January 25, 2006; to the Com- of the Recreational Fishery from Leadbetter merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Point, Washington, to Cape Falcon, Oregon’’ EC–5508. A communication from the Regu- tation. (I.D. 110905E) received on January 25, 2006; to latory Ombudsman, Federal Motor Carrier EC–5492. A communication from the Pro- the Committee on Commerce, Science, and Safety Administration, Department of gram Analyst, Federal Aviation Administra- Transportation. Transportation, transmitting, pursuant to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 519 law, the report of a rule entitled ‘‘Commer- mitting, pursuant to law, the report of a rule Baker Motley; to the Committee on Bank- cial Driver’s License Standards; School Bus entitled ‘‘Amendment of Section 73.202(b), ing, Housing, and Urban Affairs. Endorsement’’ (RIN2126–AA94) received on Table of Allotments, FM Broadcast Stations By Mr. JOHNSON: January 25, 2005; to the Committee on Com- (Eden, Texas)’’ (MB Docket No. 03–74) re- S. 2236. A bill to amend Public Law 106-348 merce, Science, and Transportation. ceived on January 25, 2006; to the Committee to extend the authorization for establishing EC–5509. A communication from the Pro- on Commerce, Science, and Transportation. a memorial in the District of Columbia or its gram Analyst, National Highway Traffic EC–5517. A communication from the Legal environs to honor veterans who became dis- Safety Administration, Department of Advisor to the Bureau Chief, Media Bureau, abled while serving in the Armed Forces of Transportation, transmitting, pursuant to Federal Communications Commission, trans- the United States; to the Committee on En- law, the report of a rule entitled ‘‘Amend- mitting, pursuant to law, the report of a rule ergy and Natural Resources. ment to Incentive Grant Criteria for Occu- entitled ‘‘Amendment of Section 73.202(b), By Mr. SANTORUM (for himself, Mr. pant Protection Programs’’ (RIN2127–AJ72) Table of Allotments, FM Broadcast Stations NELSON of Florida, and Mr. KYL): received on January 25, 2006; to the Com- (Pearsall and Dilley, Texas)’’ (MB Docket S. 2237. A bill to withhold United States as- mittee on Commerce, Science, and Transpor- No. 03–87) received on January 25, 2006; to the sistance from the Palestinian Authority tation. Committee on Commerce, Science, and until certain conditions have been satisfied; EC–5510. A communication from the Pro- Transportation. to the Committee on Foreign Relations. gram Analyst, National Highway Traffic EC–5518. A communication from the Legal By Mr. BAYH (for himself and Mr. Safety Administration, Department of Advisor to the Bureau Chief, Media Bureau, BINGAMAN): Transportation, transmitting, pursuant to Federal Communications Commission, trans- S. 2238. A bill to amend title XVIII and XIX law, the report of a rule entitled ‘‘Tire Safe- mitting, pursuant to law, the report of a rule of the Social Security Act to assure uninter- ty’’ (RIN2127–AJ65) received on January 25, entitled ‘‘Amendment of Section 73.202(b), rupted access to necessary medicines under 2006; to the Committee on Commerce, Table of Allotments, FM Broadcast Stations the Medicare prescription drug program; to Science, and Transportation. (Statesville and Clemmons, North Carolina, the Committee on Finance. EC–5511. A communication from the Pro- Iron Gate, Virginia)’’ (MB Docket No. 03–219) By Mr. MARTINEZ (for himself and gram Analyst, National Highway Traffic received on January 25, 2006; to the Com- Mr. NELSON of Florida): Safety Administration, Department of mittee on Commerce, Science, and Transpor- S. 2239. A bill to prohibit offshore drilling Transportation, transmitting, pursuant to tation. on the outer Continental Shelf off the State law, the report of a rule entitled ‘‘Petitions EC–5519. A communication from the Legal of Florida, and for other purposes; to the for Reconsideration of FMVSS No. 102, Advisor to the Bureau Chief, Media Bureau, Committee on Energy and Natural Re- Transmission Shift Lever Sequence, Starter Federal Communications Commission, trans- sources. Interlock and Transmission Braking Effect’’ mitting, pursuant to law, the report of a rule f (RIN2127–AJ74) received on January 25, 2006; entitled ‘‘Amendment of Section 73.202(b), to the Committee on Commerce, Science, Table of Allotments, FM Broadcast Stations SUBMISSION OF CONCURRENT AND and Transportation. (La Grange, Richlands, Shallotte, SENATE RESOLUTIONS EC–5512. A communication from the Legal Swansboro, Topsail Beach, and Wrightsville The following concurrent resolutions Advisor to the Bureau Chief, Media Bureau, Beach, North Carolina)’’ (MB Docket No. 05– Federal Communications Commission, trans- 16) received on January 25, 2006; to the Com- and Senate resolutions were read, and mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- referred (or acted upon), as indicated: entitled ‘‘Amendment of Section 73.202(b), tation. By Mr. COLEMAN (for himself and Mr. Table of Allotments, FM Broadcast Stations f KENNEDY): (Dubach, Natchitoches, Oil City and Shreve- S. Res. 363. A resolution designating Feb- port, Louisiana, and Groesbeck, Longrview, INTRODUCTION OF BILLS AND ruary 2006 as ‘‘Go Direct Month’’; considered Nacogdoches, Tennessee Colony and JOINT RESOLUTIONS and agreed to. Waskom, Texas)’’ (MB Docket No. 05–47) re- The following bills and joint resolu- By Mr. VITTER (for himself and Ms. ceived on January 25, 2006; to the Committee LANDRIEU): on Commerce, Science, and Transportation. tions were introduced, read the first S. Res. 364. A resolution honoring the valu- EC–5513. A communication from the Legal and second times by unanimous con- able contributions of Catholic schools in the Advisor to the Bureau Chief, Media Bureau, sent, and referred as indicated: United States; considered and agreed to. Federal Communications Commission, trans- By Mr. BYRD (for himself, Mr. ROCKE- By Mr. THUNE (for himself, Mr. LIE- mitting, pursuant to law, the report of a rule FELLER, and Mr. KENNEDY): BERMAN, Mr. TALENT, Mr. BROWN- entitled ‘‘Amendment of Section 73.202(b), S. 2231. A bill to direct the Secretary of BACK, Mr. CHAMBLISS, Mr. VOINOVICH, Table of Allotments, FM Broadcast Stations Labor to prescribe additional coal mine safe- and Mr. JOHNSON): (Wheatland, Rock River, Lusk, Gillette, ty standards, to require additional penalties S. Con. Res. 79. A concurrent resolution ex- Moorcroft, Pine Haven, Upton, Wyoming, for habitual violators, and for other pur- pressing the sense of Congress that no and Edgemont, Custer, Murdo, Wall and Ells- poses; to the Committee on Health, Edu- United States assistance should be provided worth AFB, South Dakota)’’ (MB Docket cation, Labor, and Pensions. directly to the Palestinian Authority if any No.) received on January 25, 2006; to the By Mr. VITTER: representative political party holding a ma- Committee on Commerce, Science, and S. 2232. A bill to require the Secretary of jority of parliamentary seats within the Pal- Transportation. the Army to submit to Congress a report estinian Authority maintains a position call- EC–5514. A communication from the Legal identifying activities for hurricane and flood ing for the destruction of Israel; considered Advisor to the Bureau Chief, Media Bureau, protection in Lake Pontchartrain, Lou- and agreed to. Federal Communications Commission, trans- isiana, and for other purposes; to the Com- f mitting, pursuant to law, the report of a rule mittee on Environment and Public Works. entitled ‘‘Amendment of Section 73.202(b), By Mrs. FEINSTEIN: ADDITIONAL COSPONSORS Table of Allotments, FM Broadcast Stations S. 2233. A bill to reform and improve the S. 408 (Hartford and South Haven, Michigan)’’ (MB regulation of lobbying and congressional eth- Docket No. 03–257) received on January 25, ics; to the Committee on Rules and Adminis- At the request of Mr. DEWINE, the 2006; to the Committee on Commerce, tration. name of the Senator from Georgia (Mr. Science, and Transportation. By Mr. SMITH (for himself and Mr. ISAKSON) was added as a cosponsor of S. EC–5515. A communication from the Legal BINGAMAN): 408, a bill to provide for programs and Advisor to the Bureau Chief, Media Bureau, S. 2234. A bill to amend title XVIII of the activities with respect to the preven- Federal Communications Commission, trans- Social Security Act to reduce cost-sharing tion of underage drinking. mitting, pursuant to law, the report of a rule under part D of such title for certain non-in- S. 731 entitled ‘‘Amendment of Section 73.202(b), stitutionalized full-benefit dual eligible indi- Table of Allotments, FM Broadcast Stations viduals; to the Committee on Finance. At the request of Mr. CONRAD, the (Barstow, California; Newcastle, Texas; By Mr. SCHUMER (for himself, Mrs. name of the Senator from Michigan Anacoco, Louisiana; Erie, Pennsylvania; and CLINTON, Mr. BAYH, Ms. MIKULSKI, (Ms. STABENOW) was added as a cospon- Greenfield, California)’’ (MB Docket Nos. 03– Mr. OBAMA, Mr. WYDEN, Mr. SALAZAR, sor of S. 731, a bill to recruit and retain 147, 03–148, 03–177, 03–178, and 03–180) received Mr. DURBIN, Mrs. FEINSTEIN, Mr. more qualified individuals to teach in on January 25, 2006; to the Committee on DEWINE, Ms. STABENOW, Mr. KERRY, Tribal Colleges or Universities. Commerce, Science, and Transportation. Mr. PRYOR, Mr. LEVIN, Mr. LIEBER- S. 843 EC–5516. A communication from the Legal MAN, Mrs. LINCOLN, and Mr. DAYTON): Advisor to the Bureau Chief, Media Bureau, S. 2235. A bill to posthumously award a At the request of Mr. SANTORUM, the Federal Communications Commission, trans- congressional gold medal to Constance name of the Senator from Delaware

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(Mr. BIDEN) was added as a cosponsor of 1727, a bill to provide grants for pros- National Guard and requesting con- S. 843, a bill to amend the Public ecutions of cases cleared through use of sultation by the Department of Defense Health Service Act to combat autism DNA backlog clearance fund. with Congress and the chief executive through research, screening, interven- S. 1948 officers of the States prior to offering tion and education. At the request of Mr. DEWINE, his proposals to change the National S. 910 name was added as a cosponsor of S. Guard force structure. At the request of Ms. SNOWE, the 1948, a bill to direct the Secretary of S. RES. 357 name of the Senator from Iowa (Mr. Transportation to issue regulations to At the request of Mr. MCCAIN, the HARKIN) was added as a cosponsor of S. reduce the incidence of child injury name of the Senator from New York 910, a bill to require that health plans and death occurring inside or outside (Mr. SCHUMER) was added as a cospon- provide coverage for a minimum hos- of passenger motor vehicles, and for sor of S. Res. 357, a resolution desig- pital stay for mastectomies, other purposes. nating January 2006 as ‘‘National Men- lumpectomies, and lymph node dissec- S. 2039 toring Month’’. tion for the treatment of breast cancer At the request of Mr. DURBIN, the f and coverage for secondary consulta- name of the Senator from Oregon (Mr. STATEMENTS ON INTRODUCED tions. SMITH) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS S. 1215 2039, a bill to provide for loan repay- By Mr. BYRD (for himself, Mr. At the request of Mr. GREGG, the ment for prosecutors and public defend- name of the Senator from South Caro- ers. ROCKEFELLER, and Mr. KEN- NEDY): lina (Mr. DEMINT) was added as a co- S. 2178 S. 2231. A bill to direct the Secretary sponsor of S. 1215, a bill to authorize At the request of Mr. SCHUMER, the of Labor to prescribe additional coal the acquisition of interests in under- name of the Senator from California mine safety standards, to require addi- developed coastal areas in order better (Mrs. BOXER) was added as a cosponsor tional penalties for habitual violators, to ensure their protection from devel- of S. 2178, a bill to make the stealing and for other purposes; to the Com- opment. and selling of telephone records a mittee on Health, Education, Labor, S. 1419 criminal offense. and Pensions. At the request of Mr. LUGAR, the S. 2182 Mr. ROCKEFELLER. Mr. President, name of the Senator from South Da- At the request of Mr. ISAKSON, the it is my honor today to join with my kota (Mr. THUNE) was added as a co- names of the Senator from Colorado colleague Senator BYRD, who I am sure sponsor of S. 1419, a bill to maintain (Mr. ALLARD), the Senator from South will be here very shortly. We are very the free flow of information to the pub- Carolina (Mr. DEMINT), the Senator proud to announce that we are, as an lic by providing conditions for the fed- from Oklahoma (Mr. INHOFE) and the entire West Virginia delegation, intro- erally compelled disclosure of informa- Senator from Louisiana (Mr. VITTER) ducing the Federal Mine Safety and tion by certain persons connected with were added as cosponsors of S. 2182, a Health Act of 2006. the news media. bill to terminate the Internal Revenue The last few weeks have been an S. 1504 Code of 1986, and for other purposes. emotional roller coaster in West Vir- At the request of Mr. BUNNING, his S. 2183 ginia and across large parts of the name was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, country as we watched the damage and 1504, a bill to establish a market driven the name of the Senator from Indiana the pain and the crying and the anger telecommunications marketplace, to (Mr. BAYH) was added as a cosponsor of because of a series of coal mine acci- eliminate government managed com- S. 2183, a bill to provide for necessary dents that happened in West Virginia petition of existing communication beneficiary protections in order to en- where 14 miners lost their lives and in service, and to provide parity between sure access to coverage under the Medi- the State of Kentucky where a miner functionally equivalent services. care part D prescription drug program. lost his life. There is no real way of de- S. 1530 S. 2201 scribing the sadness and the grief of being with families as they find out At the request of Mrs. MURRAY, the At the request of Mr. OBAMA, the name of the Senator from Washington names of the Senator from New York their coal-miner spouses are no longer alive. (Ms. CANTWELL) was added as a cospon- (Mrs. CLINTON) and the Senator from Everybody understands that coal sor of S. 1530, a bill to provide a Fed- Maryland (Ms. MIKULSKI) were added as eral tax exemption for forest conserva- cosponsors of S. 2201, a bill to amend mining is very dangerous, but you go tion bonds, and for other purposes. title 49, United States Code, to modify in every day with the hope that it will be all right. It is a way of life. People S. 1691 the mediation and implementation re- ask, Why do you go into coal mining? At the request of Mr. CRAIG, the quirements of section 40122 regarding name of the Senator from Georgia (Mr. changes in the Federal Aviation Ad- They go into coal mining to keep the lights of America on and they do it to ISAKSON) was added as a cosponsor of S. ministration personnel management 1691, a bill to amend selected statutes system, and for other purposes. earn a good wage. What we have to do is make sure the to clarify existing Federal law as to S. 2206 legacy of these 15 miners who died—1 the treatment of students privately At the request of Mr. VITTER, the in Kentucky and 14 in West Virginia, 15 educated at home under State law. name of the Senator from Nevada (Mr. miners in all—is that we make sure S. 1710 ENSIGN) was added as a cosponsor of S. this kind of tragedy never happens At the request of Mr. SANTORUM, the 2206, a bill to amend title X of the Pub- again. name of the Senator from Rhode Island lic Health Service Act to prohibit fam- It is amazing to be in a coal-mining (Mr. CHAFEE) was added as a cosponsor ily planning grants from being awarded community when tragedy hits. People of S. 1710, a bill to amend section 255 of to any entity that performs abortions. pull together amazingly, in Kentucky the National Housing Act to remove S. RES. 355 very much like West Virginia in that the limitation on the number of re- At the request of Mr. NELSON of Ne- respect, and there is a sense of family. verse mortgages that may be insured braska, the names of the Senator from One person’s loss is every person’s loss. under the FHA mortgage insurance Connecticut (Mr. DODD), the Senator Obviously, we have the losses that program for such mortgages. from Iowa (Mr. GRASSLEY), the Senator come in Iraq and in wartime in general. S. 1727 from Oregon (Mr. SMITH) and the Sen- But there is something about coal min- At the request of Mr. VITTER, the ator from Kansas (Mr. ROBERTS) were ing. When there is a death in coal min- name of the Senator from Georgia (Mr. added as cosponsors of S. Res. 355, a ing, it is devastating to a community ISAKSON) was added as a cosponsor of S. resolution honoring the service of the and it takes a long time to heal.

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Therefore, more rescue teams have to be a part of an because they have gone through some- people will be getting into mining— operation. If you are going to start a thing which is truly difficult. some will be small, some will be larger. business, a rescue team within your I note that in the case of Kentucky, We have to make sure they will be min- workforce has to be a part of what you we even have evidence of a miner who ing safely and responsibly. That takes do—not simply wait for a rescue team was killed two years ago who was actu- vigilance on our part, on the part of 2 hours away to collect itself and then ally videotaping with his video camera the Secretary of Labor, and on MSHA’s come. That is usually too late. It is things which he thought were not prop- part. That is why Senator BYRD, my amazing to me that that situation exer in that particular mine, as he was senior Senator, will no doubt submit ists. killed. He was still videotaping as he the bill. We have to also develop a schedule of was killed. But we want to call immediate atten- fines for mining violations. They have Legislation is needed. tion to the Mine Safety and Health Ad- to mean something. The average mine I note the presence on the floor of my ministration and the Secretary of violation at Sago—there seem to be distinguished senior colleague, Senator Labor because they have in their power several hundred of them—all seems to BYRD. right now the ability to cause to hap- be $60 or $270. That doesn’t change be- What we plan to do in the Senate and pen a number of the suggestions which havior. That encourages a company to in the House—we in the Senate and our we are making. They can simply do it. say, Look, we will pay because there is three Members in the House—is, in They have the rulemaking power to do no real penalty on us. fact, to take the first step toward im- that, but they have not done that. Fines can be charged up to $60,000, proving mine safety and doing it What we are doing is looking at a few and we are going to increase that. through legislation. ways that the Mine Safety and Health Mines can be shut down by Federal It is a sad thing to say, for the coun- Administration and also the Secretary mine inspectors if they choose to do try and for all of us, where we have of Labor, Elaine Chao, can act aggres- that. But for the most part they have gone through a period of years where sively to improve mine safety, as they not chosen to do that. The lesson has we haven’t had large numbers of people can do without a single change in any to sink in to be responsible as a coal killed in the mines, that we have been law at all. In many cases, Congress has mine or else you can’t do it. lulled into thinking that mining is not given them this authority. It is just a Another matter in our legislation is dangerous. That has been compounded matter of the Secretary of Labor mov- that we have to notify the MSHA im- by the fact that the obsession with oil ing on these issues. It ought to ring mediately when there is an accident. which the President spoke about last loud and clear, and there ought to be That was not done in a couple of our night has been very real. What is going results from that. cases. In one case, it took a very long on overseas in Afghanistan, Iraq, and In our bill, we also instruct the Sec- period of time to notify the agency. other places of danger across the world retary to promulgate rules quickly to That seems a small thing, but that is a has generally tended to pull us away, I require a series of things: advanced huge thing, particularly because small think maybe for 20 years, from a re- communication and breathing appa- mines today don’t necessarily have view of what coal mine safety legisla- ratus, technologies that can be de- their own rescue teams. tion, rules, and regulation through ployed in our mines. There have to be extra alerts that go MSHA, the Mine Safety and Health This is something which has baffled out across the Federal and the State Agency, ought to be. Things haven’t Senator BYRD, myself, and our delega- bureaucracy and within the mining changed a lot. The safety technology in tion for a long time. We have a lot of community so that rescue teams can the mines has not changed a lot. There rules and regulations; regarding get to the spot as soon as possible. is a bit of a lax attitude, and a little breathing apparatuses, for example; ox- So we want the Federal mine safety bit of indifference. This is the world we ygen supplies, for example—which have agency to make the health of miners live in—the world of mining—and it is not changed since 1977, or before. We its first and foremost priority. as it is, and it ever shall be. That kind have just gone through a period of As of the day that first problem hap- of thinking we have to stop. years when we have not put the focus pened at Sago with the death of so As a delegation, led by Senator BYRD, on coal mine safety. Now that is at an many miners, it has become my first we are determined to do that. We are end. We have to have advanced commu- priority and will stay that way until determined that the legacy of these 14 nications and breathing apparatus we get what we need in coal mine safe- miners in West Virginia and the one in technologies. ty, working with the companies, with Kentucky will be that this kind of acci- It has been said often—it will be said the Federal Government and, where dent never takes place again. We do once again—that we could talk with necessary, to use legislation. not want that to happen. Neil Armstrong on the Moon when he The enforcement of mine safety laws The irony is that coal, which has al- was there many years ago, but we can’t requires a set of penalties that reflects ways been taken for granted by the talk with a coal miner in a two-way the seriousness. We cannot have a situ- American people, to my distress, is a communications system who may be ation such as we had at Sago Mine—$60 full 31 percent—and it has been for 1,000 or 2,000 feet underground. To say or $270 fines with over 200 violations. years—of all of our energy use in the technology for that doesn’t exist is They have to reflect the seriousness, America. People are always thinking to say that America isn’t America. and be proportional. They have to be about importing oil, and we do. That is I have had in my office, as I am sure larger and have impact. Companies a tremendous addition to our trade def- others have, numerous people in the cannot just say, I will go ahead and icit, and it causes all kinds of other last several days pouring out ideas pay that, but I don’t have to make any problems when we are dealing with they are working on or have developed. change because I can afford to pay very unstable countries—increasingly The families of the victims gave us that; then I don’t have to have people unstable countries. But all the while many ideas of what could be done. We coming in and looking at what is going coal has been sitting there. We have a are a country of new technologies. We on in my mine as much. 250-year supply of coal in the United have simply declined to apply it to coal MSHA has minimal penalties and States of America. That can be sub- mine safety, and the coal mines have that is the fault of all of us; but pri- stituted for much of that oil. been a bit lax to take the initiative on marily MSHA should do its job. As part

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Mine operators have been of a coal mine, the danger of a coal tainty about what contributed to the using fresh air escapeways to house mine, these are things which are part tragedies at the Sago and Alma mines coal conveyer belts. What does that of people’s lives. Most people in West that killed 14 coal miners. We know mean? The first thing we need to un- Virginia, most people across the United these tragedies have highlighted gross derstand, mines are required to have States of America, have never been weaknesses in mine emergency pre- fresh air escapeways. These are sup- down a coal mine because it is re- paredness and the failure of leadership posed to be free from potentially com- stricted and people cannot wander in to at the Federal Mine Safety and Health bustible material, combustible gases, look around. Those who have oversight Administration to get tough about res- and the possibility of fire. Where there responsibility have to make sure they cue procedures. is a beltway—which costs $100 million do their job. We know that communications tech- plus in some cases; it is a very large I, for one, believe those who do rep- nology in our Nation’s coal mines is in- operation—a single friction could ig- resent the mining State need to take adequate. The Federal mine regulators nite a fire. That fire, then, can take off this responsibility, as do the compa- require only that a telephone line con- into the coal seams and cause terrible nies, as do the operators at the ground nect the working sections of mines to damage and destruction of human life. level, and also the miners themselves. I the surface. If that telephone line does Belt fires such as the one resulting in have had a slew of ideas in the last sev- not work, in the event of an emer- the deaths of the two brave West Vir- eral days. I am optimistic we can find gency, the miners trapped underground ginians at the Alma mine in southern technology—it may come out of are cut off from the rescue effort. West Virginia are some of the most DARPA or DOD. Remember in the first Those on the surface cannot get a mes- dangerous occurrences in coal mining gulf war, the Marines, Air Force, Navy, sage to the miners underground and in any form. The very least we can do and Army could not communicate with the miners underground cannot get a to protect miners is keep the entrances each other when they went into Ku- message to those on the surface. to the mines—where these miners risk wait. Their radio bands were all dif- At the Sago and Alma mines, fami- their lives every day to provide the ferent. Everyone knows that story. lies waited, waited, waited in anguish rest of the country with the energy— That was bad. They fixed it. That is for 40 hours, not knowing if their loved free of such avoidable hazard. That was what we have in our coal mines. That ones were alive or dead because the the rule. That was the law for many has to be fixed. communications equipment in the years. Mine safety moved to the top of my mine did not work. For reasons we can only guess, legislative priority list the very day I We know that Federal mine safety of- MSHA altered the enforcement prac- heard of these tragedies. I commend ficials cannot immediately locate min- tices to allow for entry coal belts in this important legislation to my col- ers trapped underground. At both the 2004. That is wrong. That is the lack of leagues. I invite them to join Senator Sago and Alma mines, families waited, vigilance on the part of all who watch BYRD and myself in cosponsoring this and waited, and waited while rescue over mining. legislation. teams searched meticulously through Finally, our legislation calls for the The PRESIDING OFFICER. The Sen- the underground caverns. Those teams creation of a position of miner ombuds- ator from West Virginia is recognized. could only make educated guesses man. People say, So what? There is a Mr. BYRD. How much time do I have about the location of the trapped min- big ‘‘so what.’’ It is a fact that miners under the order? ers, putting the rescue teams’ lives and in some mines are afraid to report safe- The PRESIDING OFFICER. There is the lives of the trapped miners at in- ty deficiencies. They are afraid to re- 251⁄2 minutes remaining on the minor- creased risk while the search went on. port certain matters because they ity side. There is no more specific We know that the MSHA notification think if they do they will get in trou- order. and response system is ponderously ble or get fired or their sister or broth- Mr. BYRD. How much time was there slow. Federal mine safety officials did er will get fired from a coal mine. I am at the beginning? not know of the Sago explosion until 2 not making an accusation, but I heard The PRESIDING OFFICER. The al- hours after it happened. It took an- a great deal of talk about that condi- lotted time was 45 minutes. other 9 hours—9 long, excruciating tion when I was in West Virginia for Mr. BYRD. And 25 minutes remain? hours—before rescue teams could enter many days, along with my senior Sen- The PRESIDING OFFICER. Correct. the mine. ator, Senator BYRD. I heard that a Mr. BYRD. Mr. President, it has been The same thing happened at the great deal. almost 1 month since the explosion Alma mine. Federal mine safety offi- The miners have to have a voice in that killed 12 miners at the Sago mine cials did not know of the underground an overall Federal agency. That voice in Upshur County, WV, and almost 2 fire for 21⁄2 hours, and in that time the in the overall Federal agency—MSHA— weeks since the conveyor belt fire that fire spread and got worse. We know has to be out of the political process, killed two miners at the Aracoma Federal mine regulators require only almost detached, in a sense, from Alma mine in Logan County, WV. In that miners have a 1-hour emergency MSHA itself. That is important be- that same time, the Mine Safety and breathing device; and at the Sago cause we have to provide people a place Health Administration, MSHA, of the mine, 1 hour of oxygen was not nearly to report mine safety problems. They U.S. Department of Labor has briefed adequate to sustain those miners have to be able to do it anonymously my office on several occasions. The through a 40-hour rescue operation. We and they have to be able to do it feel- Senate Labor-HHS Appropriations Sub- also know that the Mine Safety and ing safe about so doing. committee, at my request and under Health Administration, tragically— My West Virginia colleague and I do the leadership of Chairman ARLEN tragically—abandoned its assessment not pretend to be doing a complete fix SPECTER and ranking member TOM of the rules governing these 1-hour of mine safety legislation. We do be- HARKIN, has held a hearing and solic- emergency breathing devices in Decem- lieve our act is a first strong step on a ited testimony from mine safety ex- ber of 2001. What a travesty. path that Congress should have started perts. The West Virginia delegation in We know that the mine rescue teams, down some time ago. It is immensely the House and the Senate has met with at both the Sago and Alma mines, were sad it took the deaths of 14 West Vir- the Governor of West Virginia, Gov- forced to wait for a frustrating amount ginians and 1 Kentuckian to galvanize ernor Joe Manchin, has met with the of time because the coal operators had

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We know that FELLER and the West Virginia delegation, then this statutory floor will help MSHA has not taken steps to address tion in the House, I am introducing to ensure that those penalties will it, or to update and improve the rules legislation today that is a mandate for hurt—let me say that again—if pen- related to the number of rescue teams action. Our legislation does not amend alties are required in this kind of situa- per mine and their ability to respond the Mine Act. Our delegation takes the tion, then this statutory floor will help rapidly. The only recent effort to up- position that the Mine Act already pro- to ensure that those penalties will date these rules was halted by MSHA— vides the Secretary of Labor with hurt, and hurt sufficiently to encour- now get that—the only recent effort to every authority necessary to prevent age violators to comply with the law. update these rules was halted by MSHA these kinds of tragedies. Instead, the Our legislation prohibits the use of in 2002. legislation that I am introducing on belt entries for ventilation in con- The Sago mine was a habitual viola- behalf of myself and Mr. ROCKE- travention of an MSHA regulation tor with 276 citations and orders issued FELLER—and which is being likewise issued in 2004, which likely—hear me in 2004 and 2005. The coal operator introduced in the House of Representa- now—which likely played a part in the never paid a fine more than $440, even tives today—our legislation directs the Alma fire. though mandatory health and safety Labor Secretary to employ the au- Our legislation creates a science and standards were repeatedly, repeatedly, thorities of the Mine Act. It directs the technology office in the Labor Depart- repeatedly violated. Meanwhile, MSHA Labor Secretary, within 90 days, to ment to help expedite the introduction assessed fines as low as $99 for viola- promulgate a series of health and safe- of the most advanced health and safety tions that were classified as ‘‘signifi- ty rules aimed at improving mine safe- technologies into the mines, and to en- cant and substantial.’’ Let me say that ty enforcement and emergency pre- sure that Federal mine safety officials again. Meanwhile, MSHA assessed fines paredness. are actively pulling from other Federal as low as $99 for violations that were This legislation directs the Labor agencies those technologies that can classified as ‘‘significant and substan- Secretary to establish a rapid notifica- help to protect miners. No longer—hear tial’’ in threatening the safety and tion and response system. This legisla- me; hear me now: no longer—should health of the miners at Sago. tion requires coal operators to expedi- miners be sent underground with safe- MSHA has broad authority to protect tiously notify MSHA of emergencies. ty equipment that is decades out of coal miners, and the 1977 Mine Act is Any coal operator who fails to expedi- date. Our legislation creates the new posi- the strongest and most sweeping work- tiously notify Federal mine safety offi- tion of ombudsman in the Labor De- place safety law ever enacted in the cials will be subject to a $100,000 fine. partment’s Inspector General’s office United States, and, yet, even with We must reduce the amount of time to allow miners to more easily report these tools—even with these tools—the that is lost between a mine emergency safety violations. To be effective, such Mine Safety and Health Administra- and MSHA’s notification and arrival on a position requires the appointment tion failed—yes, it failed—to protect the scene. and the confirmation of someone with Our legislation directs the Labor Sec- the 14 miners who perished at the Sago at least 5 years—no political hack— retary to reassess regulations that gov- and Alma mines. What a shame. What someone with at least 5 years of exper- ern mine rescue teams to ensure that a shame. tise in mine safety and health. No MSHA has the authority to require their numbers are sufficient and that place for a political hack. A miner that secondary communications equip- obstacles to their deployment are should never have to feel that he has ment be available in the event of an minimized. Mine rescue teams ought to no options other than to continue to be able to respond just as local fire de- emergency. That authority was not work in a dangerous environment. used. MSHA has the authority to re- partments would respond to an emer- Now, I speak from the heart. I grew quire that emergency breathing de- gency. It must not take 11 hours. up in a coal miner’s home. My dad was vices be placed in the mines in the Our legislation requires coal opera- a coal miner—a coal miner. I married a event of an extended recovery effort. tors to store additional emergency coal miner’s daughter. Loretta Lynn That authority was not used. That au- breathing supplies underground to sus- sings a song. She is a coal miner’s thority was not used. MSHA has the tain miners who may be trapped for an daughter. Well, my wife is a coal min- authority to penalize habitual viola- extended period. Our legislation reer’s daughter. My brother-in-law died tors, and to close those mines where quires the Labor Secretary to update of silicosis, black lung. His father was pattern violations threaten a coal min- and improve the rules governing emer- killed by a slate fall in a coal mine. So er’s life. That authority was not used. gency communications equipment that I speak from the viewpoint of a coal That authority was not used. What a would allow miners underground to miner, a coal miner’s son. travesty. communicate with surface rescue ef- For 5 years, the leadership in the MSHA is the Federal agency charged forts, and allow surface rescue efforts Labor Department and the Mine Safety with protecting coal miners. I will say to locate miners underground. Never and Health Administration has worked that again. MSHA is the Federal agen- again—never again—should a coal against—get that—worked against the cy charged with protecting coal min- miner or any other miner lack access health and safety needs of coal miners. ers, but it has scuttled—get that; it has to a reasonable supply of oxygen under- If we must hold the hand of the Labor scuttled—18 initiatives in the last 5 ground or be unable to receive direc- Department—if we have to hold the years to update and improve mine safe- tions from the surface about escape hand of the Labor Department—and ty and emergency preparedness. routes—never again. lead it like a stubborn and obstinate MSHA’s leadership has embraced the On the enforcement side, our legisla- child, to force it to promulgate rules to status quo as good enough, and that at- tion requires the Labor Secretary to implement the Mine Act and save lives, titude puts miners’ lives at risk. create a new $10,000 mandatory and then that is exactly what we should do. In the past, mine disasters such as minimum penalty for coal operators If this administration and if MSHA will these have spurred tougher mine safety who display negligence or reckless dis- not lead, then this Congress must lead, laws. The Farmington, WV, disaster regard for safety standards. By neg- and, if necessary, poke, prod, kick, and spurred the 1969 Coal Act, and subse- ligence or reckless disregard, I am push MSHA into fulfilling its mandate. quent disasters spurred the 1977 Mine talking about coal operators who knew At this late date, we need more than Act. Now, I was here at the time in or should have known of a dangerous platitudes—more than platitudes—to both instances. I was in the Senate. condition or practice and failed to take protect the safety of our Nation’s min- This time, the legacy of the Sago and the steps necessary to fix the problem, ers. We are not just talking about West

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Virginia miners, not just talking about did, my father was able to raise his troduced today by Senators BYRD and coal miners in West Virginia. We need four boys. ROCKEFELLER. resources. We need swift action. And The reason I mention that to the dis- The recent tragedies at Sago Mine we need to impress deeply upon the tinguished Senator from West Virginia and Alma Mine in West Virginia re- psyche of MSHA—they better hear is mine safety means saving people’s mind us that the safety of the Nation’s that—impress deeply upon the psyche lives. Growing up in Nevada, my dad workers is paramount. Mining con- of MSHA and the Nation’s coal mine worked many times down in the mines tinues to be extremely hazardous—it operators that the safety of miners will alone. That was against the law, but he has consistently been the first or sec- not be compromised for personal profit did it all the time. It was against the ond most dangerous industry in the or for politics. law, but there were no mine inspectors. country. This year we have already had Protecting the safety of our miners is He was down there alone all the time. 17 mine fatalities, 15 of them in coal a moral responsibility. Hear me. Pro- I have watched with interest the rash mines, and 14 of them in West Virginia. tecting the safety of our miners is a of mining accidents in West Virginia And sadly, I understand that two more moral responsibility, and this legisla- and Kentucky in the last few weeks. I miners may have been killed today. tion will help to make sure that we want the Senators from West Virginia Our entire Nation joins their families never, ever forget that. to know that I will do anything I can and communities in mourning these I send the bill to the desk, a bill by legislatively to make sure these mines fallen miners. We have a continuing Mr. BYRD for himself and Mr. ROCKE- are safe. I speak from experience. Min- obligation to do everything we can to FELLER. I ask that it be relayed to the ing is a terribly difficult job. That is protect the safety of America’s work- appropriate committee. why there are so many songs written ers. It is obvious that we are not meet- The PRESIDING OFFICER. The bill about the dangers of mining. ing that obligation. will be received and appropriately re- As I indicated, when I was growing Two weeks ago, I traveled with Sen- ferred. up, my dad didn’t have much protec- ator ROCKEFELLER, HELP Committee The minority leader is recognized. tion from the State. They abandoned Chairman ENZI, and Subcommittee Mr. REID. Has the Senator from Searchlight. There wasn’t a lot going Chairman ISAKSON to meet with the family members of the miners who West Virginia yielded the floor? on, so they didn’t watch it very much. were killed at Sago Mine, and with Mr. BYRD. Yes, I yield the floor, and A rock fell on the head of my dad’s best coalminers, company representatives, I thank the distinguished leader. friend. They carried him out of the and health and safety experts. Each of The PRESIDING OFFICER. The mi- mine. It killed him. He wasn’t as fortu- us made a sincere commitment to im- nority leader is recognized. nate as my dad because his widow Mr. REID. I had the opportunity to proving the Nation’s mine safety laws. raised the three Hudgens children This legislation provides a vital first listen to the remarks of Senators BYRD alone. There are lots of accidents. step. It requires swift action by the and ROCKEFELLER. I wanted to add my These things happen. Mine Safety and Health Administra- remarks about mine safety. Without proper protection, there is tion to adopt standards that are long As I have told the Senator from West no occupation more dangerous than Virginia, my father was a miner. When overdue and bring mine safety stand- being down in a hole. ards out of the Stone Age and into the I was less than a week old, my father I applaud the Senator from West Vir- 21st century. It will bring stronger en- was working in a mine at Chloride, AZ. ginia for protecting his State as he al- forcement and up-to-date technology It was a gold mine. It was a vertical. ways does. But understand also that in to every mine in America. There were two men in the hole. That faraway Nevada, 2,500 miles away, you First and foremost, we need to ensure was standard operating procedure at have a Senator who will do anything that the rescue and communications the time. There was only one person possible to make sure that in the State technology available to our Nation’s present to light the holes for obvious of West Virginia and in all places miners is the most up-to-date avail- reasons. So my dad’s working com- where mining takes place, there are able. Coal companies have spent mil- panion, a man named Carl Myers, had Federal regulations in place to protect lions on improving techniques for ex- gone up to the next level so he would people like my dad. tracting coal and metals from the be away from the dynamite. In those Mr. BYRD. Mr. President, if I may be ground, but miners still have to rely on days, they didn’t have product liability recognized. oxygen units and phone lines that were protection, and so my dad had lit 12 The PRESIDING OFFICER. The Sen- developed 30 years ago. We already holes. One of them went off early. The ator from West Virginia. know better communications and fuse ran and blew my dad in the air, Mr. BYRD. Let me thank my friend, miner tracking technology exists in blew the soles off his shoes, blew his the leader, our leader on this side of other countries. It has been available carbide light out. In those days, you the aisle, who is a gold miner’s son. in the United States for several years would take a sinking ladder down in There are not many of us in here who but, despite its proven availability to the hole with you, and when you would are gold miners’ sons. I am proud that help save miners’ lives, only a handful go out, when the holes were burning, my leader is a gold miner’s son. I am of mines here in the U.S. are using it. you would take it up with you. My dad proud that he assured us, from his This bill would create a dedicated of- was in a state of shock and didn’t know standpoint and within his power, that fice at MSHA to explore mine safety that it had blown one of the legs off the he will do everything possible—and I technologies and to work with other ladder. So every time he would try to hope he will—to help bring this legisla- Federal agencies to ensure that our Na- put the ladder down to climb out, he tion to the floor. He understands that tion’s mines are using the newest and would fall. And he kept falling. it is needed, and I will welcome his as- best safety equipment. The man in the next level who heard sistance in that regard. I am proud of While innovation is important, we the 1 hole go off knew there were 11 him as a gold miner’s son. I am glad he also need to ensure that we use all of others that were supposed to go off and reminds us of this from time to time. I the tools available today to keep our knew my dad hadn’t come out. This believe this legislation is badly needed. Nation’s miners safe. Earlier this week, man, Carl Myers, climbed down the I implore my leader to do everything 72 workers at a mine in Canada were hole and, even though he was a smaller he can to see that this bill gets on the saved because Canadian mines are re- man than my father, helped my dad calendar and gets taken up by the Sen- quired to provide adequate stores of ox- out of the hole, drug him up to the next ate and acted upon promptly. ygen. It’s a travesty that we aren’t level. The other holes went off. My dad I thank all Senators and yield the doing the same for American miners. went to the hospital and spent some floor. This bill would require every coal mine time there. But as a result of the he- Mr. KENNEDY. Mr. President, I want in this country to have rescue cham- roic feat of Carl Myers, who received a to express my support for the Federal bers available, with emergency air sup- medal for heroism for doing what he Mine Safety and Health Act of 2006, in- plies and breathing devices to help

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 525 keep miners alive while they are wait- lobbying and raises congressional eth- On another front, numerous Senate ing for rescue. ics standards. and House campaigns have registered We also need to see that every mine There is a perception in America that lobbyists as Treasurers for Members’ is adequately prepared to respond to members of Congress care less about PACs and in other key finance roles. future emergencies. When miners are the public interest and more about ad- It’s another backdoor way for a lob- trapped underground, every minute is vancing their own personal and finan- byist to insinuate his or her way into a precious. Yet our laws and policies do cial interests. We need to make funda- politician’s inner circle. not require mine rescue teams to be mental changes in how we permit lob- Published reports confirm that 71 onsite. All too often it takes hours for byists to influence legislation, hear- lawmakers now list lobbyists as treas- rescuers to reach a mine and, when ings, appropriations, and our general urers to their PACs or their campaign they do arrive, they are not familiar oversight of the Executive Branch. committees, nearly a fivefold increase with the mine’s layout. We also are los- The Democratic leadership bill to re- since 1998. We need to make a clean ing experienced miners to work on form lobbying rules, the Honest Lead- break from this kind of collaboration these teams, as the average age of res- ership and Open Government Act, that’s fast on the rise. cue workers is rising. The number of which I am cosponsoring, contains sen- The legislation I am introducing prohibits the formation of any political trained rescuers is decreasing, even as sible enough reforms. committee by a politician if a person demand for coal production increases. Rather than standing pat, the meas- registered as a lobbyist is formally af- This legislation would require coal ure I am introducing today is tougher filiated with such an entity. Alex companies to have onsite rescue teams medicine. I believe it will go a long Knott at the Center for Public Integ- employed by the mine, who are famil- way to changing the view of constitu- rity stated in the Wall Street Journal ents that Congress is corrupt and ethi- iar with the layout of the mine and are last week that ‘‘By putting a lobbyist cally challenged. at the ready in the case of an emer- in charge of your political operations, The measure: institutes a Congress- gency. It also directs the Secretary of you are conflicted from the start.’’ He’s wide two year ban on Senators, House Labor to develop requirements for the absolutely correct. training and qualifications of mine res- members and their staffs lobbying Cap- Senators, House Members, their cue workers, and the equipment and itol Hill; takes a zero tolerance ap- staffs and lobbyists alike ought to technology used in mine rescues. proach to lobbyist offered sports and brace themselves for major change. We also need to ensure that our pen- entertainment tickets and meals; pro- The old rules and regulations that gov- alties are a significant deterrent to hibits any lobbyist sponsored, or paid ern Washington are due for overhaul, mine operators who continually violate for, travel; and eliminates the option of and I believe that the two comprehen- the law. Sago Mine had an injury rate registered lobbyists working in any ca- sive leadership bills will represent a nearly three times that of the national pacity for a Senator’s or House Mem- good start to that process. I hope my average and had been cited by MSHA ber’s election campaigns or fundraising colleagues are receptive to even more for over 200 safety violations in 2005. operations. stringent efforts, in the form of this Nearly half of these were ‘‘serious and A New York Times poll this past Fri- legislation I am introducing today, and substantial’’—meaning that the viola- day sums up, in stark terms, public look forward to the full Senate debate tions had the potential to lead to seri- perceptions of Congress. on this issue in the coming months. ous injury. Eighteen of the violations When asked ‘‘Do you think that re- I ask unanimous consent that the were so serious that they led to partial cent reports that lobbyists may have text of the legislation be printed in the closures of the mine. bribed members of Congress are iso- RECORD. I know that President Bush has pro- lated incidents or is this the way There being no objection, the bill was posed raising maximum fines for the things work in Congress’’, 77 percent of ordered to be printed in the RECORD, as most flagrant violations from $60,000 to the respondents said bribing is the follows: $220,000. But this ignores the critical ‘‘way things work’’ in Congress. The S. 2233 failures of our minimum penalties, survey indicates a 61 percent dis- Be it enacted by the Senate and House of Rep- which are so low as to be toothless. It approval rating of Congress as well. resentatives of the United States of America in is difficult to believe that penalties One poll participant, Mr. Donald Congress assembled, lower than traffic tickets will deter Pertius from Arkansas, commented SECTION 1. SHORT TITLE. that ‘‘It seems like the integrity of This Act may be cited as the ‘‘Lobbyist Re- companies that make millions of dol- form Act of 2006’’. Congress Members in the last few years lars in profits each year. This legisla- SEC. 2. TWO-YEAR TOTAL BAN ON LOBBYING BY tion would ensure that willful and neg- has just gone to pot.’’ MEMBERS OF CONGRESS AND EM- ligent violators of the law would face a A key step, that will go a long way to PLOYEES OF CONGRESS. minimum fine of $10,000. Mine opera- clearing up the perception that individ- Subsection (e) of section 207 of title 18, tors who fail to immediately notify uals leaving the Hill immediately trade United States Code, is amended to read as on their contacts and friendships, is a follows: MSHA of an emergency face fines of up ‘‘(e) RESTRICTIONS ON MEMBERS OF CON- to $100,000. two year Congress-wide ban on lob- GRESS AND OFFICERS AND EMPLOYEES OF THE This bill starts a long overdue proc- bying for Members and staff once they LEGISLATIVE BRANCH.— ess to improve the safety of our Na- leave their jobs. ‘‘(1) IN GENERAL.— tion’s miners. We must act before an- Members and staff make a beeline for ‘‘(A) PROHIBITION.—Any person who is a other tragedy like those at the Sago K Street when they leave the Hill. Ac- Member of Congress, an elected officer of ei- and Alma Mines occurs. I commend cording to the New York Times, 50 per- ther House of Congress, or an employee of a cent of the 36 Senators retired since House of Congress and who, within 2 years Senator BYRD and Senator ROCKE- after that person leaves office, knowingly FELLER and the West Virginia Delega- 1998 and 40 percent of the 162 House makes, with the intent to influence, any tion for crafting this legislation. And I Members have signed up as lobbyists. communication to or appearance before any join them in asking my colleagues to The Democratic leadership bill, and of the persons described in subparagraph (B), support its swift passage. from what I understand the Republican on behalf of any other person (except the measure being drafted, restricts staff United States) in connection with any mat- By Mrs. FEINSTEIN: from lobbying their former offices. ter on which such former Member of Con- S. 2233. A bill to reform and improve That is good but we need to go further. gress or elected officer seeks action by a the regulation of lobbying and congres- We need to change the minds of peo- Member, officer, or employee of either House sional ethics; to the Committee on ple across America that working in the of Congress, in his or her official capacity, shall be punished as provided in section 216 Rules and Administration. Senate or House is about a commit- of this title. Mrs. FEINSTEIN. Mr. President, I ment to public service—not a revolving ‘‘(B) CONTACT PERSONS COVERED.—The per- am introducing legislation today that door to cashing in as a private sector sons referred to in subparagraph (A) with re- reforms and improves the regulation of lobbyist. spect to appearances or communications are

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Congress if that person is an employee of the we felt compelled to offer an alter- In fact, Senator MARTINEZ and I have Senate or an employee of the House of Rep- native that will protect our State’s in- been fighting an almost daily battle to resentatives; terests in perpetuity. protect our State’s tourism economy, ‘‘(B) the term ‘employee of the House of This legislation offers historic pro- which is heavily dependent on our Representatives’ means an employee of a tections that would create a Florida beautiful beaches and abundant fish- Member of the House of Representatives, an Exclusion Zone—a buffer area extend- eries. At the same time, we have been employee of a committee of the House of ing 150 miles south of the Panhandle fighting to preserve our military’s Representatives, an employee of a joint committee of Congress whose pay is disbursed by that would also place the Florida vital testing and training sites there in the Clerk of the House of Representatives, Straits and Atlantic Coast perma- the eastern gulf. and an employee on the leadership staff of nently off limits to oil and gas explo- The Martinez-Nelson Permanent Pro- the House of Representatives; ration. tection for Florida Act will forever ‘‘(C) the term ‘employee of the Senate’ All leases inside the Florida Exclu- safeguard the State’s tourism-depend- means an employee of a Senator, an em- sion Zone would be relinquished or re- ent economy from offshore drilling, ployee of a committee of the Senate, an em- moved in exchange for royalty forgive- while also removing active drilling ployee of a joint committee of Congress ness on active leases in the Central and leases in the eastern gulf. It creates whose pay is disbursed by the Secretary of Western Gulf of Mexico. These relin- the Senate, and an employee on the leader- the Florida Exclusion Zone, which will ship staff of the Senate; quished leases must also be environ- extend out at least 260 miles off much ‘‘(D) the term ‘Member of Congress’ means mentally restored to their original con- of the State’s west coast, and at least a Senator or a Member of the House of Rep- dition. In addition, the Permanent Pro- 150 miles off the Florida Straits and all resentatives; and tection for Florida Act would remove the way around the entire east coast. ‘‘(E) the term ‘Member of the House of the mandatory inventory of the Outer In short, our proposal will protect Representatives’ means a Representative in, Continental Shelf and extend the cur- Florida’s economy and its environ- or a Delegate or Resident Commissioner to, rent Presidential moratorium through ment; and, at the same time, enhance Congress.’’. 2020. our Nation’s military preparedness. SEC. 3. BAN ON GIFTS FROM LOBBYISTS. This bill sends a message that is loud We, therefore, expect to receive strong Paragraph 1(a)(2) of rule XXXV of the and clear—Florida’s waters are off lim- Standing Rules of the Senate is amended by support from the Florida Congressional adding at the end the following: ‘‘This clause its. Florida’s leaders have worked too Delegation. shall not apply to a gift from a lobbyist.’’. long and too hard on building up these We also expect to receive support SEC. 4. PROHIBITION ON PRIVATELY FUNDED protections just to have them dis- from our fellow Senators representing TRAVEL. appear during a brief moment of high other coastal States. That is because Paragraph 2(a)(1) of rule XXXV of the energy prices. We have a lot at stake we are fighting not only to protect Standing Rules of the Senate is amended by and it is time to solidify our protec- Florida, but many other environ- striking ‘‘an individual’’ and inserting ‘‘an tions into law. mentally fragile areas along our Na- organization recognized under section I believe these historic protections tion’s coastline. In fact, a key provi- 501(c)(3) of the Internal Revenue Code of 1986 will garner significant support from that is not affiliated with any group that sion of our bill extends the Outer Con- lobbies before Congress’’. our State’s congressional delegation tinental Shelf moratorium from 2012 to and coastal members of Congress that SEC. 5. REGISTERED LOBBYISTS PROHIBITED 2020. FROM SERVING ON AUTHORIZED PO- are concerned with resource explo- Senator MARTINEZ and I speak as one LITICAL COMMITTEES. ration off their coasts. on this issue, and, together, we believe Subsection (d) of section 302 of the Federal I urge those that are looking for bi- we can accomplish great things for Election Campaign Act of 1971 (2 U.S.C. partisan solutions to energy explo- Florida and the country. We ask our 432(e)) is amended by adding at the end the ration to join with me and my col- following new paragraph: colleagues to recall with us the words league Senator NELSON in supporting ‘‘(6) No political committee may be des- of former President Teddy Roosevelt, ignated as an authorized committee if a per- this legislation. who, in essence, said, ‘‘A nation that son registered as a lobbyist under section 4 Mr. NELSON of Florida. Mr. Presi- destroys its environment destroys of the Lobbying Disclosure Act of 1995 is for- dent, I rise today to introduce with my itself.’’ mally affiliated with such committee.’’. fellow Senator from Florida, MEL MAR- We look forward to working with the TINEZ, legislation we believe will en- Chairman and Ranking Member of the By Mr. MARTINEZ (for himself hance our Nation’s military prepared- Energy Committee, and the rest of our and Mr. NELSON of Florida): ness, while also protecting the State of colleagues, to enact this legislation as S. 2239. A bill to prohibit offshore Florida’s economy from harm by oil soon as possible. drilling on the outer Continental Shelf drilling. off the State of Florida, and for other It could be said that debate on this f purposes; to the Committee on Energy issue began 37 years ago last month. It SUBMITTED RESOLUTIONS and Natural Resources. was in January 1969 when an explosion Mr. MARTINEZ. Mr. President, I rise at an offshore drilling site caused a today to join my colleague from Flor- 200,000-gallon crude oil spill off Califor- SENATE RESOLUTION 363—DESIG- ida, Senator BILL NELSON, in intro- nia’s coast. While small in comparison NATING FEBRUARY 2006 AS ‘‘GO ducing the Permanent Protection for to other spills, that incident dealt a DIRECT MONTH’’ Florida Act of 2006. devastating blow to neighboring beach- Mr. COLEMAN (for himself and Mr. I believe this bipartisan legislation es and aquatic life. KENNEDY) submitted the following res- will provide Florida’s pristine coast- As tides brought an 800-square-mile olution; which was considered and line, beaches, and our critical military slick ashore, oil coated 35 miles of the agreed to: training area with strong, permanent coastline, blackening beaches and kill- S. RES. 363 protections—while at the same time ing thousands of birds, dolphins, seals, providing limited oil and gas explo- fish and other wildlife. A national out- Whereas the Department of Treasury issued over 70,000 checks worth approxi- ration in areas that have traditionally cry followed, and sparked a movement mately $61,000,000 that were illegally signed been under Presidential moratoria. that led to legal bans on drilling on the for in 2004; Our Nation is struggling with crip- Outer Continental Shelf, including the Whereas the Department of the Treasury pling energy prices and the growing eastern Gulf of Mexico off of Florida. receives approximately 500,000 telephone

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calls each year regarding problems with Whereas Catholic schools saved the United Nebraska, and Mr. SARBANES) submitted an paper checks; States $19,000,000,000 in educational funding amendment intended to be proposed by him Whereas the use of direct deposit has re- during fiscal year 2005; to the bill H.R. 4297, to provide for reconcili- sulted in approximately $5,000,000,000 in sav- Whereas Catholic schools produce students ation pursuant to section 201(b) of the con- ings for the Federal Government since 1986; strongly dedicated to their faith, values, current resolution on the budget for fiscal Whereas 1 out of every 5 newly eligible So- families, and communities by providing an year 2006; which was ordered to lie on the cial Security recipients has yet to sign up intellectually stimulating environment rich table. for direct deposit; in spiritual, character, and moral develop- SA 2698. Mr. BINGAMAN (for himself, Mr. Whereas the United States would generate ment; and ROCKEFELLER, Mrs. MURRAY, Ms. CANTWELL, approximately $120,000,000 in annual savings Whereas in the 1972 pastoral message con- Mrs. CLINTON, Mr. KENNEDY, Mr. KOHL, Mr. if all federal beneficiaries used direct de- cerning Catholic education, the National LIEBERMAN, Mr. SCHUMER, Mr. MENENDEZ, posit; Conference of Catholic Bishops stated, ‘‘Edu- Mr. KERRY, Mr. LEAHY, Mr. DURBIN, Mr. DAY- Whereas the use of direct deposit is a more cation is one of the most important ways by TON, Mrs. FEINSTEIN, and Mr. BAYH) sub- secure, reliable, and cost effective method of which the Church fulfills its commitment to mitted an amendment intended to be pro- payment because the use of direct deposit— the dignity of the person and building of posed by him to the bill H.R. 4297, supra; (1) eliminates the risk of lost or stolen community. Community is central to edu- which was ordered to lie on the table. checks; cation ministry, both as a necessary condi- SA 2699. Mr. LAUTENBERG submitted an (2) helps protect against fraud; and tion and an ardently desired goal. The edu- amendment intended to be proposed by him (3) provides citizens of the United States cational efforts of the Church, therefore, to the bill H.R. 4297, supra; which was or- with more control over their money; must be directed to forming persons-in-com- dered to lie on the table. Whereas the Department of the Treasury munity; for the education of the individual SA 2700. Mr. KENNEDY (for himself and and the Federal Reserve Bank has launched Christian is important not only to his soli- Mr. HARKIN) submitted an amendment in- ‘‘Go Direct’’, a national campaign organized tary destiny, but also the destinies of the tended to be proposed by him to the bill H.R. to encourage citizens of the United States to many communities in which he lives.’’: Now, 4297, supra; which was ordered to lie on the use direct deposit for the receipt of Social therefore, be it table. Security and other Federal benefits; and Resolved, That the Senate— SA 2701. Mr. DURBIN submitted an amend- Whereas, by working with financial insti- (1) recognizes the goals of Catholic Schools ment intended to be proposed by him to the tutions, advocacy groups, and community Week, an event cosponsored by the National bill H.R. 4297, supra; which was ordered to lie organizations, the sponsors of ‘‘Go Direct’’ Catholic Educational Association and the on the table. educate citizens of the United States about United States Conference of Catholic SA 2702. Mr. KENNEDY submitted an the advantages of using direct deposit and Bishops that recognizes the vital contribu- amendment intended to be proposed by him assist them during the enrollment process: tions of thousands of Catholic elementary to the bill H.R. 4297, supra; which was or- Now, therefore, be it and secondary schools in the United States; dered to lie on the table. Resolved, That the Senate— and (1) supports the goals and ideas of ‘‘Go Di- f (2) congratulates Catholic schools, stu- rect’’; dents, parents, and teachers across the TEXT OF AMENDMENTS (2) proclaims February 2006 as ‘‘Go Direct United States for their ongoing contribu- Month’’; SA 2697. Mr. NELSON of Florida (for tions to education, and for the vital role (3) commends Federal, State, and local himself, Mr. DURBIN, Mr. BINGAMAN, they play in promoting and ensuring a governments, and the private sector, for pro- Mr. LAUTENBERG, Mrs. MURRAY, Mr. brighter, stronger future for this Nation. moting February as ‘‘Go Direct Month’’; and SCHUMER, Mrs. CLINTON, Mr. KOHL, Mr. (4) encourages all citizens of the United f LEAHY, Mr. DAYTON, Mr. FEINGOLD, Mr. States to— LIEBERMAN, Mr. NELSON of Nebraska, (A) participate in events and awareness SENATE CONCURRENT RESOLU- TION 79—EXPRESSING THE and Mr. SARBANES) submitted an initiatives held during the month of Feb- amendment intended to be proposed by ruary; SENSE OF CONGRESS THAT NO (B) become informed about the conven- UNITED STATES ASSISTANCE him to the bill H.R. 4297, to provide for ience and safety of direct deposit; and SHOULD BE PROVIDED DIRECTLY reconciliation pursuant to section (C) consider signing up for direct deposit of TO THE PALESTINIAN AUTHOR- 201(b) of the concurrent resolution on Social Security or other Federal benefits. ITY IF ANY REPRESENTATIVE the budget for fiscal year 2006; which f POLITICAL PARTY HOLDING A was ordered to lie on the table; as follows: SENATE RESOLUTION 364—HON- MAJORITY OF PARLIAMENTARY SEATS WITHIN THE PALES- At the appropriate place, insert the fol- ORING THE VALUABLE CON- lowing: TRIBUTIONS OF CATHOLIC TINIAN AUTHORITY MAINTAINS A POSITION CALLING FOR THE SEC. ll. PROTECTION FOR MEDICARE BENE- SCHOOLS IN THE UNITED FICIARIES WHO ENROLL IN THE STATES DESTRUCTIOIN OF ISRAEL PRESCRIPTION DRUG BENEFIT DUR- Mr. VITTER (for himself and Ms. Mr. THUNE (for himself, Mr. LIEBER- ING 2006. (a) EXTENDED PERIOD OF OPEN ENROLLMENT LANDRIEU) submitted the following res- MAN, Mr. TALENT, Mr. BROWNBACK, Mr. DURING ALL OF 2006 WITHOUT LATE ENROLL- CHAMBLISS, Mr. VOINOVICH, and Mr. olution; which was considered and MENT PENALTY.—Section 1851(e)(3)(B) of the agreed to: JOHNSON) submitted the following con- Social Security Act (42 U.S.C. 1395w– S. RES. 364 current resolution; which was consid- 21(e)(3)(B)) is amended— Whereas Catholic schools in the United ered and agreed to: (1) in clause (iii), by striking ‘‘May 15, States have received international acclaim S. CON. RES. 79 2006’’ and inserting ‘‘December 31, 2006’’; and (2) by adding at the end the following new for academic excellence while providing stu- Resolved by the Senate (the House of Rep- sentence: dents with lessons that extend far beyond resentatives concurring), That it is the sense the classroom; of Congress that no United States assistance ‘‘An individual making an election during Whereas Catholic schools present a broad should be provided directly to the Pales- the period beginning on November 15, 2006, curriculum that emphasizes the lifelong de- tinian Authority if any representative polit- and ending on December 15, 2006, shall speci- velopment of moral, intellectual, physical, ical party holding a majority of parliamen- fy whether the election is to be effective and social values in the young people of the tary seats within the Palestinian Authority with respect to 2006 or with respect to 2007 United States; maintains a position calling for the destruc- (or both).’’. Whereas Catholic schools in the United tion of Israel. (b) ONE-TIME CHANGE OF PLAN ENROLLMENT States today educate 2,420,590 students and FOR MEDICARE PRESCRIPTION DRUG BENEFIT maintain a student-to-teacher ratio of 15 to f DURING ALL OF 2006.— 1; AMENDMENTS SUBMITTED AND (1) IN GENERAL.—Section 1851(e) of the So- Whereas the faculty members of Catholic PROPOSED cial Security Act (42 U.S.C. 1395w–21(e)) is schools teach a highly diverse body of stu- amended— dents; SA 2697. Mr. NELSON, of Florida (for him- (A) in paragraph (2)(B)— Whereas more than 27.1 percent of school self, Mr. DURBIN, Mr. BINGAMAN, Mr. LAUTEN- (i) in the heading, by striking ‘‘FOR FIRST 6 children enrolled in Catholic schools are mi- BERG, Mrs. MURRAY, Mr. SCHUMER, Mrs. CLIN- MONTHS’’; norities, and more than 13.6 percent are non- TON, Mr. KOHL, Mr. LEAHY, Mr. DAYTON, Mr. (ii) in clause (i), by striking ‘‘the first 6 Catholics; FEINGOLD, Mr. LIEBERMAN, Mr. NELSON, of months of 2006,’’ and all that follows through

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 528 CONGRESSIONAL RECORD—SENATE February 1, 2006 ‘‘is a Medicare+Choice eligible individual,’’ point of sale contractor under part D of title shall be made in a timely manner from the and inserting ‘‘2006,’’; and XVIII of such Act. Medicare Prescription Drug Account under (iii) in clause (ii), by inserting ‘‘(other than (b) EFFECTIVE DATE AND ENFORCEMENT.— section 1860D–16 of the Social Security Act during 2006)’’ after ‘‘paragraph (3)’’; and (1) EFFECTIVE DATE.—The amendment (42 U.S.C. 1395w–116) and shall be deemed to (B) in paragraph (4), by striking ‘‘2006’’ and made by subsection (a) shall take effect on be payments from such Account under sub- inserting ‘‘2007’’ each place it appears. the date of enactment of this Act. section (b) of such section. (2) CONFORMING AMENDMENT.—Section (2) ENFORCEMENT.—The Secretary may im- (2) RETROACTIVE APPLICATION TO BEGINNING 1860D–1(b)(1)(B)(iii) of the Social Security pose a civil monetary penalty in an amount OF 2006.—The costs incurred by a pharmacy Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is not to exceed $15,000 for conduct that a spon- which may be reimbursed under paragraph amended by striking ‘‘subparagraphs (B) and sor of a prescription drug plan or an organi- (1) shall include costs incurred during the pe- (C) of paragraph (2)’’ and inserting ‘‘para- zation offering an MA–PD plan knows or riod beginning on January 1, 2006, and before graph (2)(C)’’. should know is a violation of the provisions the date of enactment of this Act. (c) EFFECTIVE DATE.—The amendments of paragraph (4) or (5) of section 1860D–4(b) of (d) RECOVERY OF COSTS FROM PLANS BY made by this section shall take effect as if the Social Security Act (42 U.S.C. 1395w– SECRETARY NOT PHARMACIES.—The Secretary included in the enactment of the Medicare 104(b)), as added by subsection (a). The provi- of Health and Human Services shall establish Prescription Drug, Improvement, and Mod- sions of section 1128A of the Social Security a process for recovering the costs described ernization Act of 2003 (Public Law 108–173). Act (42 U.S.C. a–7a), other than subsections in subsection (c)(1) from prescription drug (a) and (b) and the second sentence of sub- plans (as defined in section 1860D–1(a)(3)(C) SA 2698. Mr. BINGAMAN (for him- section (f), shall apply to a civil monetary of the Social Security Act (42 U.S.C. 1394w– self, Mr. ROCKEFELLER, Mrs. MURRAY, penalty under the previous sentence in the 101(a)(3)(C))) and MA–PD plans (as defined in Ms. CANTWELL, Mrs. CLINTON, Mr. KEN- same manner as such provisions apply to a section 1860D–41(a)(14) of such Act (42 U.S.C. NEDY, Mr. KOHL, Mr. LIEBERMAN, Mr. penalty or proceeding under subsection (a) of 1395w–151(a)(14))) if the Secretary determines such section 1128A(a). SCHUMER, Mr. MENENDEZ, Mr. KERRY, that such plans should have incurred such Mr. LEAHY, Mr. DURBIN, Mr. DAYTON, SEC. lll. FEDERAL FALLBACK FOR FULL-BEN- costs. Amounts recovered pursuant to the EFIT DUAL ELIGIBLE INDIVIDUALS preceding sentence shall be deposited in the Mr. FEINSTEIN, and Mr. BAYH) sub- FOR 2006. mitted an amendment intended to be Medicare Prescription Drug Account de- (a) IN GENERAL.— scribed in subsection (c)(1). proposed by him to the bill H.R. 4297, (1) IN GENERAL.—If a full-benefit dual eligi- to provide for reconciliation pursuant ble individual (as defined in section 1935(c)(6) SEC. lll. ENSURING THAT FULL-BENEFIT DUAL of the Social Security Act (42 U.S.C. 1396u– ELIGIBLE INDIVIDUALS ARE NOT to section 201(b) of the concurrent reso- OVERCHARGED. lution on the budget for fiscal year 5(c)(6))), or an individual who is presumed to (a) IN GENERAL.—Section 1860D–14 of the 2006; which was ordered to lie on the be such an individual pursuant to subsection (b), presents a prescription for a covered part Social Security Act (42 U.S.C. 1395w–114) is table; as follows: D drug (as defined in section 1860D–2(e) of amended— At the appropriate place, insert the fol- such Act (42 U.S.C. 1395w–102(e))) at a phar- (1) by redesignating subsection (d) as sub- lowing: macy in 2006 and the pharmacy is unable to section (e); and SEC. lll. TRANSITION REQUIREMENTS. locate or verify the individual’s enrollment (2) by inserting after subsection (c) the fol- (a) REQUIREMENT.— through a reasonable effort, including the lowing new subsection: (1) IN GENERAL.—Section 1860D–4(b) of the use of the pharmacy billing system or by ‘‘(d) ENSURING FULL-BENEFIT DUAL ELIGI- Social Security Act (42 U.S.C. 1395w–104(b)) is calling an official Medicare hotline, or to bill BLE INDIVIDUALS ARE NOT OVERCHARGED.— amended by adding at the end the following for the prescription through the plan serving ‘‘(1) IN GENERAL.—The Secretary shall, as new paragraph: as the national point of sale contractor, the soon a possible after the date of enactment ‘‘(4) FORMULARY TRANSITION.—The sponsor pharmacy may provide a 30-day supply of the of this subsection, establish processes for the of a prescription drug plan is required to pro- drug to the individual. following: vide at least a 30-day supply of any drug that (2) REFILL.—The pharmacy may provide an ‘‘(A) TRACKING INAPPROPRIATE PAYMENTS.— a new enrollee in the plan was taking prior additional 30-day supply of a drug if the The Secretary shall track full-benefit dual to enrolling in such plan. For individuals re- pharmacy continues to be unable to locate eligible individuals enrolled in a prescription siding in a long-term care setting, the spon- the individual’s enrollment through such drug plan or an MA–PD plan to determine sor of a prescription drug plan is required to reasonable efforts or to bill for the prescrip- whether such individuals were inappropri- provide at least a 90-day supply of any drug tion through the plan serving as the national ately subject under the plan to a deductible such individual was taking prior to enrolling point of sale contractor when a prescription or cost-sharing that is greater than is rein such plan. A formulary transition supply is presented on or after the date that a pre- quired under section 1860D–14. provided under this section shall be made by scription refill is appropriate, but in no case ‘‘(B) REDUCTION IN PAYMENTS TO PLANS AND the sponsor of a prescription drug plan with- after December 31, 2006. REFUNDS TO INDIVIDUALS.—If the Secretary out imposing any prior authorization re- (3) COST-SHARING.—The cost-sharing for a determines under subparagraph (A) that an quirements or other access restrictions for prescription filled pursuant to this sub- individual was overcharged, the Secretary individuals stabilized on a course of treat- section shall be cost-sharing provided for shall— ment and at the dosage previously prescribed under section 1860D–14(a) of the Social Secu- ‘‘(i) reduce payments to the sponsor of the by a physician or recommended by a physi- rity Act (42 U.S.C. 1395w–114(a)). prescription drug plan under section 1860D–15 cian going forward. (b) PRESUMPTIVE ELIGIBILITY.—An indi- or to the organization offering the MA–PD ‘‘(5) CUSTOMER SERVICE.—The sponsor of a vidual shall be presumed to be a full-benefit plan under section 1853 that inappropriately prescription drug plan is required to pro- dual eligible individual (as so defined) if the charged the individual by an amount equal vide— individual presents at the pharmacy with— to the inappropriate charges; and ‘‘(A) accessible and trained customer serv- (1) a government issued picture identifica- ‘‘(ii) refund such amount to the individual ice representatives available for full business tion card; within 60 days of the determination that the hours from coast to coast to provide knowl- (2) reliable evidence of Medicaid enroll- individual was inappropriately charged. edgeable assistance to individuals seeking ment, such as a Medicaid card, recent his- help with Medicare Part D including, but not tory of Medicaid billing in the pharmacy pa- If the Secretary does not provide for the re- limited to, beneficiaries, caseworkers, SHIP tient profile, or a copy of a current Medicaid fund under clause (i) within the 60 days pro- counselors, pharmacists, doctors, and care- award letter; and vided for under such clause, interest at the givers; (3) reliable evidence of Medicare enroll- rate established under section 6621(a)(1) of ‘‘(B) at least one dedicated phone line for ment, such as a Medicare identification card, the Internal Revenue Code of 1986 shall be pharmacists with sufficient staff to reduce a Medicare enrollment approval letter, a payable from the end of such 60-day period wait times for pharmacists seeking Medicare Medicare Summary Notice, or confirmation until the date of the refund. Part D assistance to no more than 20 min- from an official Medicare hotline. ‘‘(2) REQUIREMENT.—The processes estab- utes; and (c) PAYMENTS TO PHARMACISTS.— lished under paragraph (1) shall provide for ‘‘(C) sufficient staff to reduce wait times (1) IN GENERAL.—The Secretary of Health the ability of an individual to notify the Sec- for all Medicare Part D-related calls to plan and Human Services shall reimburse phar- retary if the individual believes that they phone lines to no more than 20 minutes.’’. macists, to the extent that such pharmacists were inappropriately subject under the plan (2) APPLICATION.—The requirements under are not otherwise reimbursed by States or to a deductible or cost-sharing that is great- paragraphs (4) and (5) of section 1860D–4(b) of plans, for the costs incurred in complying er than is required under section 1860D–14.’’. the Social Security Act (42 U.S.C. 1395w– with the requirements under subsection (a), (b) REPORT TO CONGRESS.—Not later than 104(b)), as added by subsection (a), shall including acquisition costs, dispensing costs, January 1, 2007, the Secretary of Health and apply to the plan serving as the national and other overhead costs. Such payments Human Services shall submit a report to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 529 Congress on the implementation of the proc- payments to pharmacies as may be necessary shall include, in the case of a prescription esses established under subsection (d) of sec- to reimburse pharmacies fully for— drug plan or an MA–PD plan that has an inition 1860D–14 of the Social Security Act (42 (A) transaction fees associated with the tial coverage limit (as described in section U.S.C. 1395w–114), as added by subsection (a). point-of-sale facilitated identification and 1860D–2(b)(3)), a requirement that, prior to SEC. lll. REIMBURSEMENT OF STATES FOR enrollment processes referred to in sub- enrolling a part D eligible individual in the 2006 TRANSITION COSTS. section (a)(3); and plan, the plan must obtain a certification (a) REIMBURSEMENT.— (B) costs associated with technology or signed by the enrollee or the legal guardian (1) IN GENERAL.—Notwithstanding section software upgrades necessary to make any of the enrollee that meets the requirements 1935(d) of the Social Security Act (42 U.S.C. identification and enrollment inquiries as described in clause (ii) and includes the fol- 1396u–5(d) or any other provision of law, the part of the processes under subsection (a)(3). lowing text: ‘I understand that the Medicare Secretary of Health and Human Services (2) TIME.—Payments under paragraph (1) Prescription Drug Plan or MA–PD Plan that shall reimburse States for 100 percent of the shall be made with respect to fees and costs I am signing up for may result in a gap in costs incurred by the State during 2006 for incurred during the period beginning on De- coverage during a given year. I understand covered part D drugs (as defined in section cember 1, 2005, and ending on June 1, 2006. that if subject to this gap in coverage, I will 1860D–2(e) of such Act (42 U.S.C. 1395w– (3) PAYMENTS FROM ACCOUNT.—Payments be responsible for paying 100 percent of the 102(e))) for part D eligible individuals (as de- under paragraph (1) shall be made from the cost of my prescription drugs and will confined in section 1860D–1(a)(3)(A) of the Social Medicare Prescription Drug Account under tinue to be responsible for paying the plan’s Security Act (42 U.S.C. 1394w–101(a)(3)(A))) section 1860D–16 of the Social Security Act monthly premium while subject to this gap which the State reasonably expected would (42 U.S.C. 1395w–116) and shall be deemed to in coverage. For specific information on the have been covered under such part but were be payments from such Account under sub- potential coverage gap under this plan, I un- not because the individual was unable to ac- section (b) of such section. derstand that I should contact (insert name cess on a timely basis prescription drug ben- SEC. lll. STATE COVERAGE OF NON-FOR- of the sponsor of the prescription drug plan efits to which they were entitled under such MULARY PRESCRIPTION DRUGS FOR or the sponsor of the MA–PD plan) at (insert part. Such payments shall be made from the FULL-BENEFIT DUAL ELIGIBLE INDI- toll free phone number for such sponsor of Medicare Prescription Drug Account under VIDUALS DURING 2006. such plan).’. section 1860D–16 of the Social Security Act (a) STATE COVERAGE OF NON-FORMULARY ‘‘(ii) CERTIFICATION REQUIREMENTS DE- (42 U.S.C. 1395w–116) and shall be deemed to PRESCRIPTION DRUGS FOR FULL-BENEFIT DUAL SCRIBED.—The certification required under be payments from such Account under sub- ELIGIBLE INDIVIDUALS DURING 2006.—For pre- clause (i) shall meet the following require- section (b) of such section. scriptions filled during 2006, notwithstanding ments: (2) RETROACTIVE APPLICATION TO BEGINNING section 1935(d) of the Social Security Act (42 ‘‘(I) The certification shall be printed in a OF 2006.—The costs incurred by a State which U.S.C. 1396v(d)), a State (as defined for pur- typeface of not less than 18 points. may be reimbursed under paragraph (1) shall poses of title XIX of such Act) may provide ‘‘(II) The certification shall be printed on a include costs incurred during the period be- (and receive Federal financial participation single piece of paper separate from any mat- ginning on January 1, 2006, and before the for) medical assistance under such title with ter not related to the certification. date of enactment of this Act. respect to prescription drugs provided to a ‘‘(III) The certification shall have a head- (b) RECOVERY OF COSTS FROM PLANS BY full-benefit dual eligible individual (as de- ing printed at the top of the page in all cap- SECRETARY NOT STATES.—The Secretary of fined in section 1935(c)(6) of such Act (42 ital letters and bold face type that states the Health and Human Services shall establish a U.S.C. 1396v(c)(6)) that are not on the for- following: ‘WARNING: POTENTIAL MEDI- process for recovering the costs described in mulary of the prescription drug plan under CARE PRESCRIPTION DRUG COVERAGE subsection (a)(1) from prescription drug part D or the MA–PD plan under part C of GAP’.’’. plans (as defined in section 1860D–1(a)(3)(C) title XVIII of such Act in which such indi- (b) EFFECTIVE DATE.—The amendment of the Social Security Act (42 U.S.C. 1394w– vidual is enrolled. 101(a)(3)(C))) and MA–PD plans (as defined in (b) APPLICATION.— made by this section shall take effect on the section 1860D–41(a)(14) of such Act (42 U.S.C. (1) MEDICARE AS PRIMARY PAYER.—Nothing date of enactment of this Act. 1395w–151(a)(14))) if the Secretary determines in subsection (a) shall be construed as chang- that such plans should have incurred such ing or affecting the primary payer status of SA 2700. Mr. KENNEDY (for himself costs. Amounts recovered pursuant to the a prescription drug plan under part D or an and Mr. HARKIN) submitted an amend- preceding sentence shall be deposited in the MA–PD plan under part C of title XVIII of ment intended to be proposed by him Medicare Prescription Drug Account de- the Social Security Act with respect to pre- to the bill H.R. 4297, to provide for rec- scribed in subsection (a)(1). scription drugs furnished to any full-benefit (c) STATE.—For purposes of this section, onciliation pursuant to section 201(b) dual eligible individual (as defined in section the term ‘‘State’’ includes the District of Co- of the concurrent resolution on the 1935(c)(6) of such Act (42 U.S.C. 1396v(c)(6)) lumbia. budget for fiscal year 2006; which was during 2006. SEC. lll. FACILITATION OF IDENTIFICATION ordered to lie on the table; as follows: (2) THIRD PARTY LIABILITY.—Nothing in AND ENROLLMENT THROUGH PHAR- At the end, add the following: MACIES OF FULL-BENEFIT DUAL EL- subsection (a) shall be construed as limiting IGIBLE INDIVIDUALS IN THE MEDI- the authority or responsibility of a State SEC. ll. REPEAL OF STATE OPTIONS FOR AL- CARE PART D DRUG PROGRAM. under section 1902(a)(25) of the Social Secu- TERNATIVE PREMIUMS AND COST (a) IN GENERAL.—The Secretary of Health rity Act (42 U.S.C. 1396a(a)(25)) to seek reim- SHARING AND FLEXIBILITY IN BEN- and Human Services shall provide for out- bursement from a prescription drug plan, an EFIT PACKAGES UNDER THE MED- reach and education to every pharmacy that MA–PD plan, or any other third party, of the ICAID PROGRAM. has participated in the Medicaid program costs incurred by the State in providing pre- (a) REPEAL OF STATE OPTION FOR ALTER- under title XIV of the Social Security Act, scription drug coverage during 2006. NATIVE PREMIUMS AND COST SHARING.— particularly independent pharmacies, on the (1) REPEAL.—Section 1916A of the Social following: SA 2699. Mr. LAUTENBERG sub- Security Act, as added by sections 6041(a), (1) The needs of full-benefit dual eligible mitted an amendment intended to be 6042(a), and 6043(a) of the Deficit Reduction individuals and the challenges of meeting proposed by him to the bill H.R. 4297, Act of 2005, is repealed. those needs. (2) CONFORMING AMENDMENTS.— to provide for reconciliation pursuant (A) Subsection (y) of section 1903 of the So- (2) The processes for the transition from to section 201(b) of the concurrent reso- Medicaid prescription drug coverage to cov- cial Security Act (42 U.S.C. 1396b), as added erage under such part D for such individuals. lution on the budget for fiscal year by section 6043(b) of the Deficit Reduction (3) The processes established by the Sec- 2006; which was ordered to lie on the Act of 2005, is repealed. retary to facilitate, at point of sale, identi- table; as follows: (B) Section 1916 of the Social Security Act fication of drug plan assignment of such pop- At the appropriate place, insert the fol- (42 U.S.C. 1396o) is amended— ulation or enrollment of previously unidenti- lowing: (i) in subsection (f), by striking ‘‘and sec- fied or new full-benefit dual eligible individ- SEC. ll. REQUIREMENT OF SIGNED CERTIFI- tion 1916A’’ after ‘‘(b)(3)’’; and uals into Medicare part D prescription drug CATION PRIOR TO PLAN ENROLL- (ii) by striking subsection (h). coverage, including how pharmacies can use MENT UNDER PART D. (C) Section 1938(c) of the Social Security such processes to help ensure that such pop- (a) IN GENERAL.—Section 1860D–1(b)(1) of Act, as added by section 6082 of the Deficit ulation makes a successful transition to the Social Security Act (42 U.S.C. 1395w–101) Reduction Act of 2005, is amended— Medicare part D without a lapse in prescrip- is amended by adding at the end the fol- (i) in paragraph (3), by striking ‘‘and tion drug coverage. lowing new subparagraph: 1916A’’; and (b) HOLDING PHARMACIES HARMLESS FOR ‘‘(D) SPECIAL RULE FOR PLANS WITH AN INI- (ii) in paragraph (5), by striking ‘‘sections CERTAIN COSTS.— TIAL COVERAGE LIMIT.— 1916 and 1916A’’ and inserting ‘‘section 1916’’. (1) IN GENERAL.—The Secretary of Health ‘‘(i) IN GENERAL.—The process for enroll- (b) REPEAL OF STATE OPTION OF PROVIDING and Human Services shall provide for such ment established under subparagraph (A) BENCHMARK BENEFIT PACKAGES.—

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(1) REPEAL.—Section 1937 of the Social Se- (2) in paragraph (2)— same outreach strategies for children under curity Act, as added by section 6044(a) of the (A) by striking ‘‘include’’ and all that fol- title XIX; and Deficit Reduction Act of 2005, is repealed. lows through ‘‘a child who is an’’ and insert- ‘‘(II) the enhanced FMAP for a State for a (2) CONFORMING AMENDMENTS.— ing ‘‘include a child who is an’’; and fiscal year otherwise determined under sub- (A) Sections 1938 and 1939 of the Social Se- (B) by striking the semicolon and all that section (b) shall be increased by 5 percentage curity Act, as added and redesignated, re- follows through the period and inserting a points (without regard to the application of spectively, by section 6082 of the Deficit Re- period; and the 85 percent limitation under that sub- duction Act of 2005, are redesignated as sec- (3) by striking paragraph (4). section) with respect to such expenditures. tions 1937 and 1938, respectively, of the So- (b) NO EXCLUSION OF CHILDREN WITH AC- ‘‘(ii) OUTREACH STRATEGIES DESCRIBED.— cial Security Act. CESS TO HIGH-COST COVERAGE.—Section For purposes of clause (i), the outreach (B) 1937(b)(3) of the Social Security Act, as 2110(b)(3) of the Social Security Act (42 strategies described in this clause are the redesignated by subparagraph (A), is amend- U.S.C. 1397jj(b)(3)) is amended— following: ed by inserting ‘‘(as added by section 6044(a) (1) in the paragraph heading, by striking ‘‘(I) PRESUMPTIVE ELIGIBILITY.—The State of S. 1932 of the 109th Congress, as passed by ‘‘RULE’’ and inserting ‘‘RULES’’; provides for presumptive eligibility for chil- the Senate on December 21, 2005)’’. (2) by striking ‘‘A child shall not be consid- dren under this title and under title XIX. (c) EFFECTIVE DATE.—The repeals and ered to be described in paragraph (1)(C)’’ and ‘‘(II) ADOPTION OF 12-MONTH CONTINUOUS ELI- amendments made by subsections (a) and (b) inserting the following: GIBILITY.—The State provides that eligibility shall take effect as if included in the enact- ‘‘(A) CERTAIN NON FEDERALLY FUNDED COV- for children shall not be redetermined more ment of the Deficit Reduction Act of 2005. ERAGE.—A child shall not be considered to be often than once every year under this title SEC. ll. ADDITIONAL FUNDING FOR THE STATE described in paragraph (1)(C)’’; and or under title XIX. CHILDREN’S HEALTH INSURANCE (3) by adding at the end the following: ‘‘(III) ELIMINATION OF ASSET TEST.—The PROGRAM. ‘‘(B) NO EXCLUSION OF CHILDREN WITH AC- State does not apply any asset test for eligi- (a) IN GENERAL.—Section 2104(a) of the So- CESS TO HIGH-COST COVERAGE.—A State may bility under this title or title XIX with re- cial Security Act (42 U.S.C. 1397dd(a)) is include a child as a targeted vulnerable child spect to children. amended— if the child has access to coverage under a ‘‘(IV) PASSIVE RENEWAL.—The State pro- (1) in paragraph (9), by striking group health plan or health insurance cov- vides for the automatic renewal of the eligi- ‘‘$4,050,000,000’’ and inserting ‘‘$6,550,000,000’’; erage and the total annual aggregate cost for bility of children for assistance under this and premiums, deductibles, cost sharing, and title and under title XIX if the family of (2) in paragraph (10), by striking similar charges imposed under the group which such a child is a member does not re- ‘‘$5,000,000,000’’ and inserting ‘‘$7,500,000,000’’. health plan or health insurance coverage port any changes to family income or other (b) FUNDS IN ADDITION TO FUNDS PROVIDED with respect to all targeted vulnerable chil- relevant circumstances, subject to TO ELIMINATE FISCAL YEAR 2006 SHORT- dren in the child’s family exceeds 5 percent verification of information from State data- FALLS.—The Secretary of Health and Human of such family’s income for the year in- bases.’’. Services shall carry out subsection (d) of sec- volved.’’. (b) MEDICAID.— (1) IN GENERAL.—Section 1902(l) of the So- tion 2104 of the Social Security Act (42 (c) CONFORMING AMENDMENTS.— cial Security Act (42 U.S.C. 1396a(l)) is U.S.C. 1397dd(d)), as added by section 6101(a) (1) Titles XIX and XXI of the Social Secu- amended— of the Deficit Reduction Act of 2005, (includ- rity Act (42 U.S.C. 1396 et seq.; 1397aa et. (A) in paragraph (3), by inserting ‘‘subject ing the determination of a State’s allotment seq.) are amended by striking ‘‘targeted low- to paragraph (5)’’, after ‘‘Notwithstanding for fiscal year 2006 under paragraph (2)(C) of income’’ each place it appears and inserting subsection (a)(17),’’; and that subsection), without regard to the ‘‘targeted vulnerable’’. amendment made by subsection (a)(1) pro- (B) by adding at the end the following: (2) Section 2101(a) of such Act (42 U.S.C. ‘‘(5)(A) Notwithstanding the first sentence viding increased funding for State allot- 1397aa(a)) is amended by striking ‘‘unin- ments for fiscal year 2006. of section 1905(b), with respect to expendi- sured, low-income’’ and inserting ‘‘low-in- tures incurred to carry out any of the out- SEC. ll. REPEAL OF THE SCHEDULED PHASE- come’’. reach strategies described in subparagraph OUT OF THE LIMITATIONS ON PER- (3) Section 2102(b)(3)(C) of such Act (42 (B) for individuals under 19 years of age who SONAL EXEMPTIONS AND ITEMIZED U.S.C. 1397bb(b)(3)(C)) is amended by insert- DEDUCTIONS. are eligible for medical assistance under sub- ing ‘‘, particularly with respect to children section (a)(10)(A), the Federal medical assist- (a) IN GENERAL.—The Internal Revenue whose family income exceeds 200 percent of Code of 1986 is amended— ance percentage is equal to the enhanced the poverty line’’ before the semicolon. FMAP described in section 2105(b) and in- (1) by striking subparagraphs (E) and (F) of (4) Section 2102(b)(3)(E), section section 151(d)(3), and creased under section 2105(c)(2)(C)(i)(II), but 2105(a)(1)(D)(ii), paragraphs (1)(C) and (2) of only if the State carries out the same out- (2) by striking subsections (f) and (g) of section 2107, and subsections (a)(1) and reach strategies for children under title XXI. section 68. (d)(1)(B) of section 2108 of such Act (42 U.S.C. ‘‘(B) For purposes of subparagraph (A), the (b) EFFECTIVE DATE.—The amendments 1397bb(b)(3)(E); 1397ee(a)(1)(D)(ii); 1397gg; outreach strategies described in this sub- made by this section shall apply to taxable 1397hh) are amended by striking ‘‘low-in- paragraph are the following: years beginning after December 31, 2005. come’’ each place it appears. ‘‘(i) PRESUMPTIVE ELIGIBILITY.—The State (c) APPLICATION OF EGTRRA SUNSET.—The (5) Section 2110(a)(27) of such Act (42 U.S.C. provides for presumptive eligibility for such amendments made by this section shall be 1397jj(a)(27)) is amended by striking ‘‘eligible individuals under this title and title XXI. subject to title IX of the Economic Growth low-income individuals’’ and inserting ‘‘tar- ‘‘(ii) ADOPTION OF 12-MONTH CONTINUOUS ELI- and Tax Relief Reconciliation Act of 2001 to geted vulnerable individuals’’. GIBILITY.—The State provides that eligibility the same extent and in the same manner as (d) EFFECTIVE DATE.—The amendments for such individuals shall not be redeter- the provision of such Act to which such made by this section take effect on October mined more often than once every year amendment relates. 1, 2006. under this title or under title XXI. ‘‘(iii) ELIMINATION OF ASSET TEST.—The SA 2701. Mr. DURBIN submitted an SEC. 203A. INCREASE IN FEDERAL FINANCIAL PARTICIPATION UNDER SCHIP AND State does not apply any asset test for eligi- amendment intended to be proposed by MEDICAID FOR STATES WITH SIM- bility under this title or title XXI with re- him to the bill H.R. 4297, to provide for PLIFIED ENROLLMENT AND RE- spect to such individuals. reconciliation pursuant to section NEWAL PROCEDURES FOR CHIL- ‘‘(iv) PASSIVE RENEWAL.—The State pro- 201(b) of the concurrent resolution on DREN. vides for the automatic renewal of the eligi- the budget for fiscal year 2006; which (a) SCHIP.—Section 2105(c)(2) of the Social bility of such individuals for assistance was ordered to lie on the table; as fol- Security Act (42 U.S.C. 1397ee(c)(2)) is under this title and under title XXI if the amended by adding at the end the following: lows: family of which such an individual is a mem- ‘‘(C) NONAPPLICATION OF LIMITATION AND IN- ber does not report any changes to family in- On page 19, strike lines 19 through 22 and CREASE IN FEDERAL PAYMENT FOR STATES WITH come or other relevant circumstances, sub- insert the following: SIMPLIFIED ENROLLMENT AND RENEWAL PROCE- ject to verification of information from SEC. 203. ELIGIBILITY OF ALL UNINSURED CHIL- DURES.— State databases.’’. DREN FOR SCHIP. ‘‘(i) IN GENERAL.—Notwithstanding sub- (2) CONFORMING AMENDMENT.—The first sen- (a) IN GENERAL.—Section 2110(b) of the So- section (a)(1) and subparagraph (A)— tence of section 1905(b) of the Social Secu- cial Security Act (42 U.S.C. 1397jj(b)) is ‘‘(I) the limitation under subparagraph (A) rity Act (42 U.S.C. 1396d(b)) is amended by amended— on expenditures for items described in sub- striking ‘‘section 1933(d)’’ and inserting ‘‘sec- (1) in paragraph (1)— section (a)(1)(D) shall not apply with respect tions 1902(l)(5) and 1933(d)’’. (A) by striking subparagraph (B); and to expenditures incurred to carry out any of (c) EFFECTIVE DATE.—The amendments (B) by redesignating subparagraph (C) as the outreach strategies described in clause made by this section take effect on October subparagraph (B); (ii), but only if the State carries out the 1, 2006.

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SEC. 203B. LIMITATION ON PAYMENTS TO STATES ‘‘(4) MONITORING AND ADJUSTMENT OF PE- for such States eligible for an allotment THAT HAVE AN ENROLLMENT CAP RIOD REQUIRED TO BE UNINSURED.—The Sec- under this subparagraph for such fiscal year; BUT HAVE NOT EXHAUSTED THE retary shall— and STATE’S AVAILABLE ALLOTMENTS. ‘‘(A) monitor the availability and reten- ‘‘(ii) in the case of a commonwealth or ter- (a) IN GENERAL.—Section 2105 of the Social tion of employer-sponsored health insurance ritory described in subsection (c)(3), the Security Act (42 U.S.C. 1397ee) is amended by coverage of dependent children; and same proportion as the proportion of the adding at the end the following: commonwealth’s or territory’s allotment ‘‘(h) LIMITATION ON PAYMENTS TO STATES ‘‘(B) adjust the period determined under under subsection (c) (determined without re- THAT HAVE AN ENROLLMENT CAP BUT HAVE paragraph (1) as needed for the purpose of gard to subsection (f)) to 1.05 percent of the NOT EXHAUSTED THE STATE’S AVAILABLE AL- promoting the retention of private or em- total amount of the allotments under such LOTMENTS.— ployer-sponsored health insurance coverage section for commonwealths and territories ‘‘(1) IN GENERAL.—Notwithstanding any of dependent children and timely access to other provision of this section, payment health care services for such children.’’. eligible for an allotment under this subpara- shall not be made to a State under this sec- (b) COST-SHARING FOR CHILDREN IN FAMI- graph for such fiscal year. INIMUM ALLOTMENT.— tion if the State has an enrollment freeze, LIES WITH HIGH FAMILY INCOME.—Section ‘‘(B) M ‘‘(i) IN GENERAL.—No allotment to a State enrollment cap, procedures to delay consid- 2103(e)(3) of the Social Security Act (42 for a fiscal year under this subsection shall eration of, or not to consider, submitted ap- U.S.C. 1397cc(e)(3)) is amended by adding at be less than 50 percent of the amount of the plications for child health assistance, or a the end the following new subparagraph: allotment to the State determined under waiting list for the submission or consider- ‘‘(C) CHILDREN IN FAMILIES WITH HIGH FAM- subsections (b) and (c) for the preceding fis- ation of such applications or for such assist- ILY INCOME.— cal year. ance, and the State has not fully expended ‘‘(i) IN GENERAL.—For children not de- ‘‘(ii) PRO RATA REDUCTIONS.—The Secretary the amount of all allotments available with scribed in subparagraph (A) whose family in- shall make such pro rata reductions to the respect to a fiscal year for expenditure by come exceeds 400 percent of the poverty line allotments determined under this subsection the State, including allotments for prior fis- for a family of the size involved, subject to paragraphs (1)(B) and (2), the State shall im- as are necessary to comply with the require- cal years that remain available for expendi- ments of clause (i). ture during the fiscal year under subsection pose a premium that is not less than the cost ‘‘(C) AVAILABILITY AND REDISTRIBUTION OF (c) or (g) of section 2104 or that were redis- of providing child health assistance to children in such families, and deductibles, cost UNUSED ALLOTMENTS.—In applying sub- tributed to the State under subsection (f) or sections (e) and (f) with respect to additional (g) of section 2104. sharing, or similar charges shall be imposed under the State child health plan (without allotments made available under this sub- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) section, the procedures established under shall not be construed as prohibiting a State regard to a sliding scale based on income), except that the total annual aggregate cost- such subsections shall ensure such additional from establishing regular open enrollment allotments are only made available to States periods for the submission of applications for sharing with respect to all such children in a family under this title may not exceed 5 per- which have elected to provide coverage child health assistance.’’. under section 2111. (b) EFFECTIVE DATE.—The amendments cent of such family’s income for the year involved. ‘‘(3) USE OF ADDITIONAL ALLOTMENT.—Addi- made by this section take effect on October tional allotments provided under this sub- ‘‘(ii) INFLATION ADJUSTMENT.—The dollar 1, 2006. section are not available for amounts ex- amount specified in clause (i) shall be in- SEC. 203C. ADDITIONAL ENHANCEMENT TO FMAP pended before October 1, 2005. Such amounts creased, beginning with fiscal year 2008, from TO PROMOTE EXPANSION OF COV- are available for amounts expended on or ERAGE TO ALL UNINSURED CHIL- year to year based on the percentage in- after such date for child health assistance DREN UNDER MEDICAID AND SCHIP. crease in the consumer price index for all for uninsured children (as defined in section (a) IN GENERAL.—Title XXI (42 U.S.C. urban consumers (all items; United States 2111(b)). 1397aa et seq.) is amended by adding at the city average). Any dollar amount established ‘‘(4) REQUIRING ELECTION TO PROVIDE COV- end the following: under this clause that is not a multiple of ERAGE.—No payments may be made to a ‘‘SEC. 2111. ADDITIONAL ENHANCEMENT TO $100 shall be rounded to the nearest multiple State under this title from an allotment pro- FMAP TO PROMOTE EXPANSION OF of $100.’’. COVERAGE TO ALL UNINSURED vided under this subsection unless the State (c) ADDITIONAL ALLOTMENTS FOR STATES CHILDREN UNDER MEDICAID AND has made an election to provide child health SCHIP. PROVIDING COVERAGE TO ALL UNINSURED assistance for all uninsured children (as so ‘‘(a) IN GENERAL.—Notwithstanding sub- CHILDREN IN THE STATE.— defined) in the State, including such children section (b) of section 2105 (and without re- (1) IN GENERAL.—Section 2104 of the Social whose family income exceeds 200 percent of gard to the application of the 85 percent lim- Security Act (42 U.S.C. 1397dd) is amended by the poverty line.’’. inserting after subsection (c) the following: itation under that subsection), the enhanced (2) CONFORMING AMENDMENTS.—Section 2104 FMAP with respect to expenditures in a ‘‘(d) ADDITIONAL ALLOTMENTS FOR STATES of the Social Security Act (42 U.S.C. 1397dd) quarter for providing child health assistance PROVIDING COVERAGE TO ALL UNINSURED is amended— to uninsured children whose family income CHILDREN IN THE STATE.— (A) in subsection (a), by inserting ‘‘subject exceeds 200 percent of the poverty line, shall ‘‘(1) APPROPRIATION; TOTAL ALLOTMENT.— to subsection (d),’’ after ‘‘under this sec- be increased by 5 percentage points. For the purpose of providing additional al- tion,’’; ‘‘(b) UNINSURED CHILD DEFINED.— lotments to States to provide coverage of all (B) in subsection (b)(1), by inserting ‘‘and ‘‘(1) IN GENERAL.—For purposes of sub- uninsured children (as defined in section subsection (d)’’ after ‘‘Subject to paragraph section (a), subject to paragraph (2), the 2111(b)) in the State under the State child (4)’’; and term ‘uninsured child’ means an uncovered health plan, there is appropriated, out of any (C) in subsection (c)(1), by inserting ‘‘sub- child who has been without creditable cov- money in the Treasury not otherwise appro- ject to subsection (d),’’ after ‘‘for a fiscal erage for a period determined by the Sec- priated— year,’’. retary, except that such period shall not be ‘‘(A) for fiscal years 2007, 2008, and 2009, (d) EFFECTIVE DATE.—The amendments less than 6 months. $3,000,000,000; made by this section take effect on October ‘‘(2) SPECIAL RULE FOR NEWBORN CHIL- ‘‘(B) for fiscal year 2010, $5,000,000,000; and 1, 2006. DREN.—In the case of a child 12 months old or ‘‘(C) for fiscal year 2011, $7,000,000,000. younger, the period determined under para- ‘‘(2) STATE AND TERRITORIAL ALLOTMENTS.— SA 2702. Mr. KENNEDY submitted an graph (1) shall be 0 months and such child ‘‘(A) IN GENERAL.—In addition to the allot- amendment intended to be proposed by shall be considered uninsured upon birth. ments provided under subsections (b) and (c), him to the bill H.R. 4297, to provide for ‘‘(3) SPECIAL RULE FOR CHILDREN LOSING subject to subparagraph (B) and paragraphs reconciliation pursuant to section MEDICAID OR SCHIP COVERAGE DUE TO IN- (3) and (4), of the amount available for the 201(b) of the concurrent resolution on CREASED FAMILY INCOME.—In the case of a additional allotments under paragraph (1) for child who, due to an increase in family in- a fiscal year, the Secretary shall allot to the budget for fiscal year 2006; which come, becomes ineligible for coverage under each State with a State child health plan was ordered to lie on the table; as fol- title XIX or this title during the period be- that provides coverage of all uninsured chil- lows: ginning on the date that is 12 months prior dren (as so defined) in the State approved On page 19, strike lines 19 through 22 and to the date of enactment of the All Kids under this title— insert the following: Health Insurance Coverage Act of 2005 and ‘‘(i) in the case of such a State other than SEC. 203. EXTENSION OF RESEARCH CREDIT. ending on the date of enactment of such Act, a commonwealth or territory described in (a) EXTENSION.— the period determined under paragraph (1) subsection (ii), the same proportion as the (1) IN GENERAL.—Subparagraph (B) of sec- shall be 0 months and such child shall be proportion of the State’s allotment under tion 41(h)(1) (relating to termination), as considered uninsured upon the date of enact- subsection (b) (determined without regard to amended by section 113 of this Act, is amendment of the All Kids Health Insurance Cov- subsection (f)) to 98.95 percent of the total ed by striking ‘‘December 31, 2006’’ and in- erage Act of 2005. amount of the allotments under such section serting ‘‘December 31, 2008’’.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 532 CONGRESSIONAL RECORD—SENATE February 1, 2006 (2) CONFORMING AMENDMENT.—Subpara- meet on Wednesday, February 1, 2006, of Law and Public Health, Columbia graph (D) of section 45C(b)(1) (relating to at 10 a.m. for a hearing titled, ‘‘Hurri- University, New York, NY. special rule), as amended by section 113 of cane Katrina: Managing the Crisis and The PRESIDING OFFICER. Without this Act, is amended by striking ‘‘December Evacuating New Orleans.’’ objection, it is so ordered. 31, 2006’’ and inserting ‘‘December 31, 2008’’. The PRESIDING OFFICER. Without (3) EFFECTIVE DATE.—The amendments f objection, it is so ordered. made by this subsection shall apply to PRIVILEGES OF THE FLOOR amounts paid or incurred after December 31, COMMITTEE ON INDIAN AFFAIRS 2005. Mr. GRASSLEY. Mr. President, I ask Mr. BAUCUS. Mr. President, I ask (b) EXPANSION OF CREDIT TO EXPENSES OF unanimous consent that the Com- unanimous consent that the following GENERAL COLLABORATIVE RESEARCH CON- mittee on Indian Affairs be authorized fellows and interns with the Finance SORTIA.— to meet on Wednesday, February 1, Committee staff be granted the privi- (1) IN GENERAL.—Section 41 is amended— lege of the floor for the duration of the (A) by striking ‘‘an energy research con- 2006, at 9:30 a.m. in room 106 of the Dirksen Senate Office Building to con- debate on the tax reconciliation bill: sortium’’ in subsections (a)(3) and (b)(3)(C)(i) Mary Baker, Robin Burgess, Tiffany and inserting ‘‘a research consortium’’, duct an oversight hearing on Off-Res- (B) by striking ‘‘energy’’ each place it ap- ervation Gaming. The Process for Con- Smith, Tom Louthan, Richard Litsey, pears in subsection (f)(6)(A), sidering Gaming Applications lands eli- Stuart Sirkin, Zachary Henderson, (C) by inserting ‘‘or 501(c)(6)’’ after ‘‘sec- gible for gaming pursuant to the Indian Lesley Meeker, Britt Sandler, and tion 501(c)(3)’’ in subsection (f)(6)(A)(i)(I), Gaming Regulatory Act. Lauren Shields. and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (D) by striking ‘‘ENERGY RESEARCH’’ in the objection, it is so ordered. objection, it is so ordered. heading for subsection (f)(6) and inserting f ‘‘RESEARCH’’. COMMITTEE ON THE JUDICIARY (2) EFFECTIVE DATE.—The amendments Mr. GRASSLEY. Mr. President, I ask RESTRICTING ASSISTANCE TO THE made by this subsection shall apply to tax- unanimous consent that the Com- PALESTINIAN AUTHORITY able years ending after December 31, 2005. mittee on the Judiciary be authorized Mr. FRIST. Mr. President, I ask f to meet to conduct a hearing on ‘‘Con- unanimous consent that the Senate solidation in the Energy Industry: NOTICES OF HEARINGS/MEETINGS proceed to immediate consideration of Raising Prices at the Pump?’’ on S. Con. Res. 79, which was submitted SUBCOMMITTEE ON WATER AND POWER Wednesday, February 1, 2006, at 9:30 earlier today. Ms. MURKOWSKI. Mr. President, I a.m. in Hart Senate Office Building The PRESIDING OFFICER. The would like to announce for the infor- room 226. clerk will report the resolution by mation of the Senate and the public Witness list title. that a hearing has been scheduled be- The legislative clerk read as follows: fore the Subcommittee on Water and Panel I: The Honorable Bill Kovacic, Commissioner and former General A concurrent resolution (S. Con. Res. 79) Power of the Committee on Energy and expressing the sense of Congress that no Natural Resources. Counsel, Federal Trade Commission, United States assistance should be provided The hearing will be held on Tuesday, Washington, DC; James Wells, Direc- directly to the Palestinian Authority if any February 28 at 2:30 p.m. in room SD–366 tor, Natural Resources and Environ- representative political party holding a ma- of the Dirksen Senate Office Building. ment, United States Government Ac- jority of parliamentary seats within the Pal- countability Office, Washington, DC; estinian Authority maintains the position The purpose of the hearing is to re- calling for the destruction of Israel. ceive testimony on the Bureau of Rec- The Honorable Richard Blumenthal, There being no objection, the Senate lamation’s Reuse and Recycling Pro- Attorney General, State of Con- proceeded to consider the resolution. gram, title XVI of P.L. 102–575. necticut, Hartford, CT; R. Preston Mr. FRIST. Mr. President, I ask Because of the limited time available McAfee, Stanley Johnson Professor of unanimous consent that the concur- for the hearing, witnesses may testify Business, Economics and Management, rent resolution be agreed to and the by invitation only. However, those California Institute of Technology, motion to reconsider be laid upon the wishing to submit written testimony Pasadena, CA; Tyson Slocom, Acting table. for the hearing record should send two Director, Energy Program, Public Citi- The PRESIDING OFFICER. Without copies of their testimony to the Com- zen’s, Washington, DC; Tim Hamilton, objection, it is so ordered. mittee on Energy and Natural Re- Founder and Executive Director, Auto- motive United Trades Organization, The concurrent resolution (S. Con. sources, United States Senate, Wash- Res. 79) was agreed to, as follows: ington, DC 20510–6150. Seattle, WA. S. CON. RES. 79 For further information, please con- The PRESIDING OFFICER. Without tact Kellie Donnelly, 202–224–9360 or objection, it is so ordered. Resolved by the Senate (the House of Rep- resentatives concurring), That it is the sense Shannon Ewan at 202–224–7555. SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND PROPERTY RIGHTS of Congress that no United States assistance f Mr. GRASSLEY. Mr. President, I ask should be provided directly to the Pales- tinian Authority if any representative polit- AUTHORITIES FOR COMMITTEES unanimous consent that the Sub- ical party holding a majority of parliamen- TO MEET committee on the Constitution, Civil tary seats within the Palestinian Authority Rights and Property Rights be author- maintains a position calling for the destruc- COMMITTEE ON COMMERCE, SCIENCE, AND ized to meet to conduct a hearing on tion of Israel. TRANSPORTATION ‘‘An Examination of the Death Penalty f Mr. GRASSLEY. Mr. President, I ask in the United States’’ on Wednesday, unanimous consent that the Com- February 1, 2006, at 1:30 p.m. in SD226. DESIGNATING FEBRUARY 2006 AS mittee on Commerce, Science, and ‘‘GO DIRECT MONTH’’ Transportation be authorized to meet Witness list Mr. FRIST. Mr. President, I ask on Wednesday, February 1, 2006, at 10 Panel I: Mrs. Ann Scott, Tulsa, OK; unanimous consent that the Senate a.m. on Women in Sports. Ms. Vicki Schieber, Chevy Chase, MD. proceed to the immediate consider- The PRESIDING OFFICER. Without Panel II: Dr. John McAdams, Pro- ation of S. Res. 363, which was sub- objection, it is so ordered. fessor of Political Science, Marquette mitted earlier today. COMMITTEE ON HOMELAND SECURITY AND University, Milwaukee, WI; Mr. Ste- The PRESIDING OFFICER. The GOVERNMENTAL AFFAIRS phen Bright, President and Counsel, clerk will report the resolution by Mr. GRASSLEY. Mr. President, I ask Southern Center for Human Rights, At- title. unanimous consent that the Com- lanta, GA; Dr. Paul Rubin, Professor of The legislative clerk read as follows: mittee on Homeland Security and Gov- Economics, Emory University, At- A resolution (S. Res. 363) designating Feb- ernmental Affairs be authorized to lanta, GA; Dr. Jeffrey Fagan, Professor ruary 2006 as ‘‘Go Direct Month.’’

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 533 There being no objection, the Senate (2) helps protect against fraud; and Whereas the faculty members of Catholic proceeded to consider the resolution. (3) provides citizens of the United States schools teach a highly diverse body of stu- Mr. KENNEDY. Mr. President, it’s a with more control over their money; dents; privilege to join my colleague Senator Whereas the Department of the Treasury Whereas more than 27.1 percent of school and the Federal Reserve Bank has launched children enrolled in Catholic schools are mi- GRASSLEY in submitting this important ‘‘Go Direct’’, a national campaign organized norities, and more than 13.6 percent are non- resolution commemorating February to encourage citizens of the United States to Catholics; 2006 as Go Direct Month. use direct deposit for the receipt of Social Whereas Catholic schools saved the United In 2004, the Treasury Department Security and other Federal benefits; and States $19,000,000,000 in educational funding issued over 70,000 checks worth $61 mil- Whereas, by working with financial insti- during fiscal year 2005; lion that were illegally signed for. The tutions, advocacy groups, and community Whereas Catholic schools produce students Treasury receives approximately half a organizations, the sponsors of ‘‘Go Direct’’ strongly dedicated to their faith, values, million phone calls each year from peo- educate citizens of the United States about families, and communities by providing an the advantages of using direct deposit and intellectually stimulating environment rich ple having problems with paper checks. assist them during the enrollment process: in spiritual, character, and moral develop- Go Direct encourages Americans to Now, therefore, be it ment; and use direct deposit for their Federal Resolved, That the Senate— Whereas in the 1972 pastoral message con- checks, such as Social Security. Under (1) supports the goals and ideas of ‘‘Go Di- cerning Catholic education, the National direct deposit, the Federal Government rect’’; Conference of Catholic Bishops stated, ‘‘Edu- transfers its payments directly to a (2) proclaims February 2006 as ‘‘Go Direct cation is one of the most important ways by person’s bank account, eliminating the Month’’; which the Church fulfills its commitment to risk of lost or stolen checks. Since 1986, (3) commends Federal, State, and local the dignity of the person and building of governments, and the private sector, for pro- community. Community is central to edu- direct deposit has also saved the Fed- moting February as ‘‘Go Direct Month’’; and cation ministry, both as a necessary condi- eral Government $5 billion in adminis- (4) encourages all citizens of the United tion and an ardently desired goal. The edu- trative costs—$120 million a year for States to— cational efforts of the Church, therefore, Social Security checks alone. (A) participate in events and awareness must be directed to forming persons-in-com- Now, the Treasury Department and initiatives held during the month of Feb- munity; for the education of the individual the Federal Reserve have launched Go ruary; Christian is important not only to his soli- Direct to encourage Americans to pro- (B) become informed about the conven- tary destiny, but also the destinies of the tect their Federal benefits and take ience and safety of direct deposit; and many communities in which he lives.’’: Now, (C) consider signing up for direct deposit of therefore, be it more control of their money. Go Direct Social Security or other Federal benefits. Resolved, That the Senate— Month, promoted by the Federal Gov- (1) recognizes the goals of Catholic Schools ernment and by State and local govern- f Week, an event cosponsored by the National ments and the private sector as well, HONORING THE CONTRIBUTIONS Catholic Educational Association and the will inform as many citizens as pos- United States Conference of Catholic OF CATHOLIC SCHOOLS IN THE sible about the advantages of direct de- Bishops that recognizes the vital contribu- UNITED STATES posit and help them adopt direct de- tions of thousands of Catholic elementary posit for the future. Mr. FRIST. Mr. President, I ask and secondary schools in the United States; and I urge my colleagues to approve this unanimous consent that the Senate proceed to the immediate consider- (2) congratulates Catholic schools, stu- worthwhile resolution and to encour- dents, parents, and teachers across the age their constituents to take advan- ation of S. Res. 364, which was sub- United States for their ongoing contribu- tage of this time-saving and problem- mitted earlier today. tions to education, and for the vital role avoiding initiative. The PRESIDING OFFICER. The they play in promoting and ensuring a Mr. FRIST. Mr. President, I ask clerk will report the resolution by brighter, stronger future for this Nation. unanimous consent that the resolution title. f The legislative clerk read as follows: be agreed to, the preamble be agreed PROVIDING FOR A CONDITIONAL to, and the motion to reconsider be laid A resolution (S. Res. 364) honoring the val- ADJOURNMENT OF THE HOUSE upon the table. uable contributions of Catholic schools in The PRESIDING OFFICER. Without the United States. Mr. FRIST. Mr. President, I ask objection, it is so ordered. There being no objection, the Senate unanimous consent that the Senate The resolution (S. Res. 363) was proceeded to consider the resolution. proceed to the immediate consider- agreed to. Mr. FRIST. Mr. President, I ask ation of H. Con. Res. 332, which was re- The preamble was agreed to. unanimous consent that the resolution ceived from the House. The resolution, with its preamble, be agreed to, the preamble be agreed The PRESIDING OFFICER. The reads as follows: to, and the motion to reconsider be laid clerk will report the concurrent resolution by title. S. RES. 363 upon the table. The legislative clerk read as follows: Whereas the Department of Treasury The PRESIDING OFFICER. Without issued over 70,000 checks worth approxi- objection, it is so ordered. A concurrent resolution (H. Con. Res. 322) mately $61,000,000 that were illegally signed The resolution (S. Res. 364) was providing for a conditional adjournment of for in 2004; agreed to. the House of Representatives. Whereas the Department of the Treasury The preamble was agreed to. There being no objection, the Senate receives approximately 500,000 telephone The resolution, with its preamble, proceeded to consider the concurrent calls each year regarding problems with reads as follows: resolution. paper checks; S. RES. 364 Mr. FRIST. Mr. President, I ask Whereas the use of direct deposit has re- unanimous consent that the resolution sulted in approximately $5,000,000,000 in sav- Whereas Catholic schools in the United ings for the Federal Government since 1986; States have received international acclaim be agreed to, the motion to reconsider Whereas 1 out of every 5 newly eligible So- for academic excellence while providing stu- be laid upon the table, and that any cial Security recipients has yet to sign up dents with lessons that extend far beyond statements relating to the concurrent for direct deposit; the classroom; resolution be printed in the RECORD. Whereas the United States would generate Whereas Catholic schools present a broad The PRESIDING OFFICER. Without approximately $120,000,000 in annual savings curriculum that emphasizes the lifelong de- objection, it is so ordered. if all federal beneficiaries used direct development of moral, intellectual, physical, The concurrent resolution (H. Con. posit; and social values in the young people of the Res. 332) was agreed to, as follows. Whereas the use of direct deposit is a more United States; secure, reliable, and cost effective method of Whereas Catholic schools in the United H. CON. RES. 332 payment because the use of direct deposit— States today educate 2,420,590 students and Resolved by the House of Representatives (the (1) eliminates the risk of lost or stolen maintain a student-to-teacher ratio of 15 to Senate concurring), That when the House ad- checks; 1; journs on the legislative day of Wednesday,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 534 CONGRESSIONAL RECORD—SENATE February 1, 2006 February 1, 2006, on a motion offered pursu- The bill (S. 1219) was read the third Senators are aware, once all time ex- ant to this concurrent resolution by its Ma- time and passed, as follows: pires Senators may offer amendments, jority Leader or his designee, it stand ad- S. 1219 and therefore a series of stacked votes journed until 2 p.m. on Tuesday, February 7, over the course of tomorrow afternoon 2006, or until the time of any reassembly pur- Be it enacted by the Senate and House of Rep- suant to section 2 of this concurrent resolu- resentatives of the United States of America in is to be expected. Senators should ex- tion, whichever occurs first; and that when Congress assembled, pect a busy afternoon, and I ask Mem- the House adjourns on the legislative day of SECTION 1. TEMPORARY CONVEYANCE OF bers to remain close to the Chamber Wednesday, February 8, 2006, or Thursday, WATER RIGHTS TO DRY PRAIRIE tomorrow while these amendments are February 9, 2006, on a motion offered pursu- RURAL WATER ASSOCIATION, INC. considered to this tax reconciliation ant to this concurrent resolution by its Ma- (a) IN GENERAL.—The Assiniboine and bill. We don’t know exactly how many jority Leader or his designee, it stand ad- Sioux Tribes of the Fort Peck Indian Res- ervation, Montana (referred to in this sec- amendments that will be, but once journed until 2 p.m. on Tuesday, February 14, those amendments start we will go 2006, or until the time of any reassembly pur- tion as the ‘‘Tribes’’) may, with the approval suant to section 2 of this concurrent resolu- of the Secretary, enter into a lease or other straight through those amendments tion, whichever occurs first. temporary conveyance of water rights recog- until completion, whether that be to- SEC. 2. The Speaker or his designee, after nized under the Fort Peck-Montana Compact morrow night or on Friday. We will fin- consultation with the Minority Leader, shall (Montana Code Annotated 85–20–201) with the ish the bill this week and it is possible notify the Members of the House to reassem- Dry Prairie Rural Water Association, Incor- we could finish it tomorrow night if we ble at such place and time as he may des- porated (or any successor non-Federal enti- have good cooperation from both sides ty) for the purpose of meeting the water ignate if, in his opinion, the public interest of the aisle on this legislation. But if shall warrant it. needs of that association, in accordance with section 5 of the Fort Peck Reservation Rural not, we will go into Friday to complete f Water System Act of 2000 (Public Law 106– the bill. STATE HIGH RISK POOL FUNDING 382; 114 Stat. 1454). Progress was good today. There was a EXTENSION ACT OF 2005 (b) CONDITIONS OF LEASE.—With respect to lot of discussion over the course of the a lease or other temporary conveyance de- day. We have a lot of people who said Mr. FRIST. Mr. President, I ask scribed in subsection (a)— they wished to offer amendments and I unanimous consent that the HELP (1) the term of the lease or conveyance do hope that they would reconsider and Committee be discharged and the Sen- shall not exceed 100 years; and (2)(A) the lease or conveyance may be ap- make sure, if the amendment is to be ate proceed to the immediate consider- offered, it is a substantive amendment, ation of H.R. 4519. proved by the Secretary without monetary compensation to the Tribes; and important to the tax reconciliation bill The PRESIDING OFFICER. Without (B) the Secretary shall not be subject to li- and, if not, not offer the amendment. objection, it is so ordered. The clerk ability for any claim relating to any com- Thus we could get through this tomor- will report the bill by title. pensation or consideration received by the row night. The legislative clerk read as follows: Tribes under the lease or conveyance. f A bill (H.R. 4519) to amend the Public (c) NO PERMANENT ALIENATION OF WATER.— Health Service Act to extend funding for the Nothing in this section authorizes a perma- ADJOURNMENT UNTIL 9:30 A.M. operation of State high risk health insurance nent alienation of any water by the Tribes. TOMORROW pools. f Mr. FRIST. Mr. President, if there is There being no objection, the Senate ORDERS FOR THURSDAY, no further business to come before the proceeded to consider the bill. FEBRUARY 2, 2006 Senate, I ask unanimous consent the Mr. FRIST. Mr. President, I ask Senate stand in adjournment under the unanimous consent that the bill be Mr. FRIST. Mr. President, I ask previous order. read a third time and passed, the mo- unanimous consent that when the Sen- There being no objection, the Senate, tion to reconsider be laid upon the ate completes its business today, it at 8 p.m., adjourned until Thursday, table, and that any statements relating stand in adjournment until 9:30 a.m. on February 2, 2006, at 9:30 a.m. Thursday, February 2. I further ask to the bill be printed in the RECORD. f The PRESIDING OFFICER. Without that following the prayer and pledge, objection, it is so ordered. the morning hour be deemed expired, NOMINATIONS The bill (H.R. 4519) was read the third the Journal of proceedings be approved Executive nominations received by time and passed. to date, the time for the two leaders be the Senate February 1, 2006: reserved, and the Senate proceed to f IN THE ARMY consideration of H.R. 4297, the tax rec- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WATER NEEDS OF THE DRY PRAI- onciliation bill; provided further that IN THE UNITED STATES ARMY TO THE GRADE INDICATED RIE RURAL WATER ASSOCIATION when the Senate resumes the bill there WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: be 31⁄2 hours remaining for each side Mr. FRIST. Mr. President, I ask To be lieutenant general unanimous consent that the Senate under the statute; further, that the bill MAJ. GEN. DAVID P. VALCOURT, 0000 proceed to the immediate consider- be subject to debate only until the majority leader is recognized at 10:45 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ation of Calendar No. 355, S. 1219. IN THE UNITED STATES ARMY TO THE GRADE INDICATED The PRESIDING OFFICER. The on Thursday. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND clerk will report the bill by title. The PRESIDING OFFICER. Without RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The legislative clerk read as follows: objection, it is so ordered. To be lieutenant general A bill (S. 1219) to authorize certain tribes f LT. GEN. RAYMOND T. ODIERNO, 0000 in the State of Montana to enter into a lease HE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN PROGRAM THE UNITED STATES ARMY TO THE GRADE INDICATED or other temporary conveyance of water WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND rights to meet the water needs of the Dry Mr. FRIST. Mr. President, today the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Prairie Rural Water Association, Inc. Senate did begin consideration of the To be lieutenant general There being no objection, the Senate House version of the tax relief bill that MAJ. GEN. STANLEY A. MCCHRYSTAL, 0000 proceeded to consider the bill. this body passed last November. We THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. FRIST. Mr. President, I ask now have 7 hours remaining under the IN THE UNITED STATES ARMY TO THE GRADE INDICATED unanimous consent that the bill be statutory time limit for this piece of UNDER TITLE 10, U.S.C., SECTION 601: read a third time and passed, the mo- legislation. We began with 20 hours and To be major general tion to reconsider be laid upon the now have 7 hours remaining. BRIG. GEN. ELDER GRANGER, 0000 table, and that any statements relating Tomorrow, we will continue debate IN THE NAVY to the bill be printed in the RECORD. on this important bill. At this point I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without expect further debate tomorrow morn- IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND objection, it is so ordered. ing until all time has expired. As all RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—SENATE 535 To be vice admiral TIMOTHY J. DUNCAN, 0000 JEFFREY S. NELSON, 0000 AN T. DUONG, 0000 JENNIFER B. NELSON, 0000 REAR ADM. ROBERT T. CONWAY, JR., 0000 JAMES S. EADIE, 0000 RANDALL J. NETT, 0000 WILLIAM B. NEWMAN, 0000 IN THE AIR FORCE TRACY J. EICHER, 0000 HERMAN R. ELLEMBERGER, 0000 LINH C. NGUYEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SPRING R. ELLEMBERGER, 0000 SHAWNN D. NICHOLS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT L. ELLER, 0000 MATTHEW G. NIEMI, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: AMY S. ERICKSON, 0000 BROCK P. NOLAN, 0000 JASON H. EVES, 0000 CHARLES M. NOLDER, 0000 To be major GEOFFREY L. EWING, 0000 MARK A. NOVAS, 0000 JON J. OPRY, 0000 BRUCE S. ABE, 0000 SHANNON D. FABER, 0000 LUIS B. OTERO, 0000 CLIFTON W. BAILEY, 0000 DELANO S. FABRO, JR., 0000 HANS F. OTTO, 0000 KEVIN H. BLACK, 0000 OLUWOLE O. FADARE, 0000 PATRICIA A. PANKEY, 0000 MICHAEL D. BROOKS, 0000 TROY D. FATE, 0000 MICHAEL W. PEELLE, 0000 JEFFREY S. BROWN, 0000 BRYAN A. FICARRA, JR., 0000 JACQUELINE J. PERCY, 0000 ROBERT M. CRITTENDEN, 0000 CARLIE D. FINAN, 0000 MICHELE ANN PHILLIPS, 0000 AARON W. ENGELS, 0000 RYAN O. FINSTEN, 0000 KEVIN C. PLAISANCE, 0000 EDITHANN JENNINGS GRAHAM, 0000 KEITH A. FISHER, 0000 ERIC V. PLOTT, 0000 JODY S. HARRISON, 0000 ERIC M. FLAKE, 0000 MATTHEW S. POGODZINSKI, 0000 BRENT E. HAVEY, 0000 TRACY M. FROEHLICH, 0000 GINGER L. POLE, 0000 CLAYTON G. HICKS, 0000 SCOTT ALAN FUJIMOTO, 0000 GLEN T. PORTER, 0000 GRETCHEN B. JUNGERMANN, 0000 HEIDI L. GADDEY, 0000 JAMES M. PROBASCO, 0000 ALFRED G. KHALLOUF, 0000 NORA E. GERSON, 0000 CHARLES V. PULS, 0000 CARL A. LABELLA III, 0000 JULIE L. GLENN, 0000 JOSEPH PUSKAR, 0000 BRIAN J. LOREI, 0000 SANJAY A. GOGATE, 0000 JULIA D. QUINLAN, 0000 JENNIFER F. MCCARTHY, 0000 PAMELA K. GORDON, 0000 ERICA D. RADDEN, 0000 NORMAN L. MCGEATHY III, 0000 RUSSELL K. GORE, 0000 CARL C. REID, 0000 JOANNA SAENZ MCPHERSON, 0000 STEVEN M. GORE, 0000 SARA J. REID, 0000 MASOUD MILANI, 0000 CHRISTOPHER R. GORMAN, 0000 JENNIFER L. RIPPON, 0000 LEONARDO M. RIOSANDERSEN, 0000 ALLISON E. GORREBEECK, 0000 DEBRA A. ROBERTS, 0000 LEE E. ROUNDY, 0000 JOSEPH T. GOWER, 0000 BEN C. ROBINSON, 0000 JENNIFER B. SAMS, 0000 RICHARD T. GRECO, 0000 MARK O. ROBINSON, 0000 LOGAN SMITH, 0000 KELLIE D. GRIFFITH, 0000 JOHN C. ROCKWELL, 0000 STEPHEN H. SPECK, 0000 STUART R. GROSS, 0000 DAVID C. RODRIGUEZ, 0000 JANICE TIMOTHEE, 0000 MARK A. GUNST, 0000 DAVID C. ROE, 0000 JAMES D. WATTS, 0000 KARRN E. GUSTAFSON, 0000 CRAIG A. ROHAN, 0000 RYAN COOPER WAYLAND, 0000 GERALD R. HADDOCK II, 0000 BENJAMIN G. ROMICK, 0000 ANN E. ZIONIC, 0000 AUDREY M. HALL, 0000 NADEEM A. HAMID, 0000 PAOLO G. RONCALLO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TAYLOR S. HAN, 0000 DANIEL T. ROSE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR EVELYN M. HARDER, 0000 MARK T. ROVICK, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARTIN J. HARSSEMA, 0000 MELINDA L. RUFF, 0000 RAFAEL RUIZ, 0000 To be major MICHELLE R. HARSSEMA, 0000 CHAD W. HARSTON, 0000 HANS D. SCHURICHT, 0000 STEVEN J. ACEVEDO, 0000 MARSHALL T. HAYES, 0000 JENNIFER A. SCOBLE, 0000 ZARAH ANN A. ALBA, 0000 KEVIN D. HETTINGER, 0000 JIFFY C. SETO, 0000 ANTOIN M. ALEXANDER, 0000 ARTHUR V. HICKSON, 0000 ABDUL Q. SHAHID, 0000 MICHAEL B. ALEXANDER, 0000 AQUILLA L. HIGHSMITHTYLER, 0000 CATHERIN T. D. SHOFF, 0000 BRETT K. ANDERSON, 0000 JOSHUA A. HODGE, 0000 MEGAN M. SHUTTSKARJOLA, 0000 BRIAN A. ARTZBERGER, 0000 STEFANIE K. HORNE, 0000 JEFFREY A. SIMERVILLE, 0000 LEE S. ASTLE, 0000 STEVEN J. HOSPODAR, 0000 ANAND K. SINGH, 0000 KAREN M. AYOTTE, 0000 ROBERT J. HOWE, 0000 KAMAL D. SINGH, 0000 LAURA E. BABER, 0000 DAVID T. HSIEH, 0000 ALLEN R. SKIDMORE, 0000 SCOTT A. BALDRIDGE, 0000 DAVID L. HUANG, 0000 KRISTEN A. SOLTISTYLER, 0000 NICOLE M. BALLINGER, 0000 JUDY M. HUYNH, 0000 JAMES E. SOWRY, 0000 CHRISTINE L. BALTZER, 0000 TEODOR J. HUZIJ, 0000 BARTON C. STAAT, 0000 SHANE B. BANKS, 0000 JULIA C. JACKSON, 0000 MICHAEL W. STACEY, 0000 SCOTT J. BARNACLE, 0000 MICHAEL W. JACKSON, 0000 EVELYN L. STENDER, 0000 RICHARD J. BARNETT, 0000 THEODORE J. JERDEE, 0000 THOMAS G. STERNBERG, 0000 DEAN W. BARTHOLOMEW, 0000 JEFFREY JOHNS, 0000 DUSTIN E. STEVENSON, 0000 IAN M. BAXTER, 0000 LYELL K. JONES, JR., 0000 DESHAWN K. STEWART, 0000 JONATHAN B. BERG, 0000 KURT W. KAMPERT, 0000 LOYAL R. STIERLEN, 0000 BRIAN S. BERKE, 0000 DREW M. KEISTER, 0000 MARY C. STOCKKEISTER, 0000 JEANETTE KEENAN BERRONG, 0000 MICHAEL P. KENNEY, 0000 SHAYNE C. STOKES, 0000 DOMINGO R. BICALDO, 0000 TINA R. KINSLEY, 0000 SARA R. STORCH, 0000 GRETCHEN E. BLACK, 0000 LEE M. KUXHAUS, 0000 JAMES E. STORMO, 0000 JAMES J. BOEHMKE, JR., 0000 ROSELIA I. LABBE, 0000 TEDDY J. SU, 0000 BRADLEY J. BOETIG, 0000 JULIO R. LAIRET, 0000 RICHARD L. SUNDERMEYER, 0000 JUSTIN B. BOGE, 0000 THOMAS A. LAMPERTI, 0000 ERICH L. SWAFFORD, 0000 TERESA A. BONZANI, 0000 JASON W. LANE, 0000 WILLIAM E. SWILER, 0000 BRIAN M. BOSSCHER, 0000 WAYNE A. LATACK, 0000 JEFFREY P. TAN, 0000 JONATHAN N. BOWMAN, 0000 HARRISON Q. LE, 0000 JOHN J. THOPPIL, 0000 MICHAEL S. BOXUM, 0000 PETER A. LEARN, 0000 JILL M. TIA, 0000 KARA M. BOYER, 0000 CHRISTOPHER T. LEBRUN, 0000 ROBERT J. TIBESAR, 0000 CHRISTOPHER N. BRESSLER, 0000 JASON C. LEE, 0000 STEPHEN J. TITUS, 0000 JONATHAN D. BREWER, 0000 RACHEL A. L. LEONARDI, 0000 LUAN C. TRAN, 0000 BEATRICE Y. BREWINGTON, 0000 AMY C. LOTHIAN, 0000 TIMOTHY D. TRAPP, 0000 CHRISTOPHER M. BROWN, 0000 PATRICK S. LOVEGROVE, 0000 ZOLTAN A. VARRO, 0000 JAMES K. BROWN, 0000 BRANT J. LUTSI, 0000 ALEJANDRO A. VEGA, 0000 JEFFREY D. BUSHNELL, 0000 MICHAEL R. LYAKER, 0000 JASON M. WAGNER, 0000 CHRISTOPHER W. CALABRIA, 0000 DAVID H. LYNCH, 0000 SHAKA M. WALKER, 0000 MATTHEW A. CARLSON, 0000 JOHN W. LYNCH III, 0000 WILLIAM J. WALKER, 0000 KEN J. CARPENTER, 0000 ROBERT A. LYONS, 0000 CHARLES J. WANKER, 0000 NOELLE A. CARPENTER, 0000 GLEN D. MACPHERSON, 0000 KRISTIN K. WARNER, 0000 PHIL O. CASTILLO, 0000 IRENE MANHSIAO, 0000 JOHN L. WASHBURN, JR., 0000 NATHAN D. CECAVA, 0000 VINCENT C. MARCONI, 0000 GERALD M. WEBB, 0000 MAURICE G. CHEN, 0000 JON KYLE MARTI, 0000 DAVID E. WEBER, 0000 JENNIFER C. CHOW, 0000 SHELLY D. MARTIN, 0000 CHRIS A. WENTZEL, 0000 ANTHONY J. CIAMPA, 0000 VIRGINIA G. MATHESON, 0000 STEPHANIE L. WERNER, 0000 STEPHANIE L. CIAMPA, 0000 STEPHEN C. MATURO, 0000 NGOZI U. WEXLER, 0000 RAYMOND J. CLYDESDALE, 0000 MARILYN A. MAYNE, 0000 DOUGLAS W. WHITE, 0000 BRIAN G. COMER, 0000 SEAN P. MAYO, 0000 KEVIN M. WHITE, 0000 JOHNATHAN M. COMPTON, 0000 HEATH B. MCANALLY, 0000 SARA A. WHITTINGHAM, 0000 CHRISTIE M. COOKSEY, 0000 DANIEL S. MCBRIDE, 0000 CHRISTOPHER D. WILLIAMS, 0000 BRETT D. COONS, 0000 JONATHAN W. MCCLAIN, 0000 TRAVIS D. WILSON, 0000 AMY A. COSTELLO, 0000 PATRICK E. MCCLESKEY, 0000 WENDI E. WOHLTMANN, 0000 ERIC C. CRABTREE, 0000 MATTHEW J. MCKAY, 0000 TORY W. WOODARD, 0000 ROBERT M. CROMER, 0000 ANDREA BARBER MCMURPHY, 0000 BRENT M. WYATT, 0000 JOHN M. CROWE, 0000 BETHANNE K. MILLER, 0000 HEATHER L. YUN, 0000 TERESA A. CRUTCHLEY, 0000 LEE A. MILLER, 0000 STEVEN R. ZIEBER, 0000 LISA K. CULTON, 0000 RUSSEL S. MILLER, 0000 IN THE ARMY OSCAR J. CURRIE, 0000 KI LEE MILLIGAN, 0000 RICHARD L. DAGROSA, 0000 CHINMOY MISHRA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EILEEN H. DAUER, 0000 JASON A. MITCHELL, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE CHARLES M. DAVIS, 0000 JEFFREY W. MOLLOY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEVEN W. DAVIS, 0000 JUSTIN E. MORGAN, 0000 To be colonel PAUL T. DEFLORIO, 0000 JOSHUA C. MORGANSTEIN, 0000 SUSANN DEMARINO, 0000 JASON C. MORVANT, 0000 MITCHELL S. ACKERSON, 0000 NICOLE M. DEYAMPERT, 0000 MARK S. MULLER, 0000 LARRY W. BIEDERMAN, 0000 BRAD A. DEYKIN, 0000 KARSTEN MUNCK, 0000 BRENSON P. BISHOP, 0000 JAYSON C. DOCK, 0000 JAVIER A. MUNIZ, 0000 STEPHEN B. BOYD, 0000 JOSEPH J. DUBOSE, 0000 ROMAN M. J. NATION, 0000 STEVEN M. COLWELL, 0000

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JOSEPH N. CONN, JR., 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JAMES W. BISHOP, 0000 PATRICK J. DOLAN, 0000 SECTION 624: MICHAEL J. BISSONETTE, 0000 GREGG L. DREW, 0000 EDUARDO C. BITANGA II, 0000 ROBERT F. EWING, 0000 To be major BRENT W. BLAND, 0000 RICHARD R. GENZMAN, 0000 JACK G. ABATE, 0000 DONALD P. BLAND, 0000 DENNIS M. GOODWIN, 0000 RAYMOND E. BARNETT, 0000 ALDRICK C. BLUNT, 0000 WAYLAND HAMLIN, 0000 JAMES KOLB, 0000 MICHAEL A. BOCCOLUCCI, 0000 KERRY N. HAYNES, 0000 ROBERT J. BODISCH, JR., 0000 LAWRENCE M. HENDEL, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DARYL S. BOERSMA, 0000 BERT S. KOZEN, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE BRAD P. BOITNOTT, 0000 ROB E. NOLAND, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., BRANDON M. BOLLING, 0000 JAMES D. REECE, 0000 SECTION 624: CHRISTOPHER L. BOPP, 0000 TIMOTHY M. SAMORAJSKI, 0000 GARY A. BOURLAND, 0000 WILLIAM D. WEST, 0000 To be major DEREK M. BRANNON, 0000 GLENN R. WOODSON, 0000 DEAN L. JONES, 0000 SEAN C. BRAZIEL, 0000 TOBIN J. BREVITZ, 0000 IN THE MARINE CORPS DENNIS L. PARKS, 0000 CHRISTOPHER A. SUTHERLAND, 0000 ERI W. BRINKERHOFF, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IAN C. BRINKLEY, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TO THE GRADE INDICATED IN THE UNITED STATES MA- FRANK J. BROGNA III, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER J. BRONZI, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., 12203: BRANDON C. BROOKS, 0000 SECTION 624: DANA R. BROWN, 0000 To be colonel To be major GREGORY L. BROWN, 0000 SHANNON M. BROWN, 0000 STEPHEN J. MCNULTY, 0000 PETER G. BAILIFF, 0000 JEROME BRYANT, 0000 EDWARD B. RAPP III, 0000 ROY H. BARRETT II, 0000 SHAWN J. BUDD, 0000 ROBERT R. UNDERWOOD, 0000 DWIGHT D. BELIN, 0000 BRYANT E. BUDDE, 0000 STEPHEN D. WALDRON, 0000 TIMOTHY D. SECHREST, 0000 THOMAS A. BUDREJKO, 0000 DONALD C. WAYMAN, 0000 DAWN M. BURKE, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROBERT S. BURRELL, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE APPOINTMENT TO THE GRADE INDICATED IN THE GAREY W. BURRILL, JR., 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SEAN K. BUTLER, 0000 SECTION 624: SECTION 624: WALTER J. BUTLER, JR., 0000 To be major RUSSELL P. BUTTRAM, 0000 To be lieutenant colonel JEFFREY D. CABANA, 0000 ISRAEL GARCIA, 0000 LONNIE M. CAMACHO II, 0000 RALPH P. HARRIS III, 0000 CEDRIC M. INGRAM, 0000 LOUIS A. CAMARDO II, 0000 CHARLES L. THRIFT, 0000 MARK A. IVY, 0000 DANIEL R. CAMPBELL, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROGER N. RUDD, 0000 RAFAEL A. CANDELARIO II, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JAMES I. SAYLOR, 0000 RONALD M. CANNIZZO, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LEO J. CANNON, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: PATRICK L. CANTWELL, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE FREEDOM J. CARLSON, 0000 To be lieutenant colonel UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MARK E. CARLTON, 0000 SECTION 624: MICHAEL J. CARREIRO, 0000 CARNELL LUCKETT, 0000 To be major MICHAEL R. CHALLGREN, 0000 CARLOS D. SANABRIA, 0000 JOHN L. CHERRY, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR BEN A. CACIOPPO, JR., 0000 WILLIAM D. CHESAREK, JR., 0000 APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL R. GLASS, 0000 ALICIA A. CHIARAMONTE, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JEFFREY C. HACKETT, 0000 CHAD A. CHORZELEWSKI, 0000 SECTION 624: DONALD L. HULTZ, 0000 CHRISTOPHER M. CHOWN, 0000 WALTER D. ROMINE, JR., 0000 JESUS M. CLAUDIO, 0000 To be lieutenant colonel GREGORY H. CLAYTON, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR C. R. CLIFT, 0000 STEPHEN J. DUBOIS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DARIUS COAKLEY, 0000 CHARLES T. PARTON, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., GERALD C. COLLINS, 0000 JOHN D. PAULIN, 0000 SECTION 624: DANIEL E. COLVIN, JR., 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be major ADAM S. CONWAY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOHN COOK, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., PETER M. BARACK, JR., 0000 SCOTT J. COOK, 0000 SECTION 624: TIMOTHY L. COLLINS, 0000 TOMMY D. CORNSTUBBLE, JR., 0000 STEVEN J. LENGQUIST, 0000 STEPHEN L. COSBY, 0000 To be major RALPH G. PRATT, 0000 JOHN M. COSTELLO, 0000 JOHN D. SOMICH, 0000 HEATHER J. COTOIA, 0000 JAY A. ROGERS, 0000 BRADLEY S. COWLEY, 0000 STANLEY M. WEEKS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN P. COYNE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- KEITH S. CRABTREE, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE PATRICK R. CRAWFORD, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be major ERIC T. CREEKMORE, 0000 SECTION 624: HENRY L. CRUSOE, 0000 BENJAMIN J. ABBOTT, 0000 CHRISTOPHER C. CURRAN, 0000 To be major CHRISTOPHER G. ABRAHAM, 0000 STEPHANIE L. DAUGHERTY, 0000 CEASAR M. ACHICO, 0000 ARTHUR L. DAVIDSON, JR., 0000 SEAN P. HOSTER, 0000 ERIC J. ADAMS, 0000 JOHN S. DAVIDSON, 0000 TIMOTHY D. WHEELER, 0000 JOHN B. ADAMS, 0000 SAMUEL D. DAVIS, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TROY C. ADAMS, 0000 SHALISA W. DAVIS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JOSEPH S. AGRES, 0000 CHRISTOPHER E. DEANTONI, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHELLE E. AKERS, 0000 MICHAEL J. DEDDENS, 0000 SECTION 624: EZIEKEL E. ALLEN, 0000 CORY E. DEKRAAI, 0000 PATRICK E. ALLEN, 0000 GERALD DELIRA, JR., 0000 To be major JUSTIN J. ANDERSON, 0000 STEVEN M. DEMATTEO, 0000 KAIN C. ANDERSON, 0000 MARK E. DETHLEFSEN, 0000 NEIL G. ANDERSON, 0000 MICHAEL C. ANDERSON, 0000 PATRICIA R. DEYONG, 0000 EDWARD M. MOEN, JR., 0000 JUSTIN J. ANSEL, JR., 0000 KEVIN L. DIGMAN, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JAMES F. ARMAGOST, 0000 ERIC C. DILL, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE PHILLIP N. ASH, 0000 JEFFREY S. DIMMIG, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THOMAS A. ATKINSON, 0000 FRANK DIORIO, JR., 0000 SECTION 624: WENCESLAO AVALOS, 0000 ANDREW P. DIVINEY, 0000 MEREDITH B. AWAD, 0000 ERIC L. DIXON, 0000 To be major JULIE L. AYLWIN, 0000 JENNIFER M. DOLAN, 0000 ENRIQUE A. AZENON, 0000 WILLIAM P. DONNELLY III, 0000 CARL BAILEY, JR., 0000 MICHAEL J. BABILOT, 0000 DAVID A. DOUCETTE, 0000 JAMES A. JONES, 0000 JOSEPH T. BACHMANN, 0000 ERIC J. DOUGHERTY, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ANTHONY BAGGS, 0000 STEVEN R. DOUGLAS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL A. BAHE, 0000 TROY M. DOWNING, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CASEY M. BARNES, 0000 MATTHEW J. DREIER, 0000 SECTION 624: GILBERT A. BARRETT III, 0000 BRIAN S. DRYZGA, 0000 JOHN C. BARRY, 0000 NICOLE C. DUBE, 0000 To be major FRANCIS A. BARTH III, 0000 NEAL W. DUCKWORTH, 0000 KENNETH W. BATTAGLIA, 0000 CINDY R. DUGGAN, 0000 GREGORY M. GOODRICH, 0000 CHARLES S. BAUER, 0000 CHRISTOPHER M. DUKE, 0000 MARK W. WASCOM, 0000 CHRISTOPHER D. BEASLEY, 0000 RICHARD E. DUNN, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR STEPHANI M. BECK, 0000 MICHAEL A. DURHAM II, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE BRIAN M. BELL, 0000 PATRYCK J. DURHAM, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JESSE J. BELSKY, 0000 TANYA M. DURHAM, 0000 SECTION 624: GARRETT L. BENSON, 0000 JAMES F. EDWARDS III, 0000 CHARLES H. BERCIER III, 0000 SCOTT C. EDWARDS, 0000 To be major STEVEN C. BERGER, 0000 PHILIP E. EILERTSON, 0000 BRIAN D. BERNTH, 0000 MARK D. ERAMO, 0000 JAYSON A. BRAYALL, 0000 JOHN F. BERRIGAN III, 0000 BRUCE J. ERHARDT, JR., 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR AMY E. BERTAS, 0000 KYRL A. ERICKSON, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE THEODORE C. BETHEA II, 0000 KEVIN M. ERKER, 0000

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EDWARD ESPOSITO, 0000 JASON E. JOLLIFF, 0000 KIRK B. NELSON, 0000 BRYAN M. ESPRIT, 0000 DERRICK L. JONES, 0000 EDWARD T. NEVGLOSKI, 0000 MICHAEL F. ESTORER, 0000 NATHAN E. JUBECK, 0000 DEREK J. NEYMEYER, 0000 MATTHEW S. FAHRINGER, 0000 TIMOTHY A. KAMB, 0000 ALEXANDRA K. NIELSEN, 0000 ROBERT A. FARIAS, 0000 TIM Y. KAO, 0000 SIEBRAND H. NIEWENHOUS IV, 0000 JOSEPH A. FARLEY, 0000 BRIAN K. KELLER, 0000 THOMAS B. NOEL, 0000 MICHAEL M. FARRELL, 0000 DOUGLAS K. KELLER, 0000 DONALD A. NOLAN, 0000 THOMAS P. FAVOR, 0000 JAMES H. KELLER, 0000 WADE H. NORDBERG, 0000 JAMEY M. FEDERICO, 0000 SHAWN M. KELLY, 0000 ERIC J. NULL, 0000 WILLIAM A. FEEKS, 0000 TIMOTHY L. KELLY, 0000 DANIEL M. OCONNOR, 0000 SCOTT E. FERENCE, 0000 STEVEN C. KEMPTON, 0000 KYLE R. OCONNOR, 0000 ERNEST D. FERRARESSO, 0000 JOHN F. KESTERSON, 0000 JONATHAN R. OHMAN, 0000 TODD P. FERRIS, 0000 BRIAN M. KIBEL, 0000 ERIC D. OLIPHANT, 0000 GREGORY L. FIELD, 0000 TROY O. KIPER, 0000 DONALD W. OLIVER, JR., 0000 ANDREW J. FINAN, 0000 WILFRID A. KIRKBRIDE, 0000 WILLIAM C. OLIVER, 0000 MARTIN J. FISHER, 0000 JOSHUA KISSOON, 0000 DAVID A. OLSON, 0000 CHARLES B. FLOURNOY, 0000 TODD A. KISTLER, 0000 JEREMY R. ORR, 0000 TIMOTHY M. FLYNN, 0000 MICHAEL C. KLINE, 0000 THOMAS S. PAGE, JR., 0000 RYAN P. FORD, 0000 TOMIS M. KNEPPER, 0000 STEPHEN S. PAINTER, 0000 DUANE C. FORSBERG, 0000 CURT R. KNOWLES, 0000 MARK A. PAOLICELLI, 0000 DARIN J. FOX, 0000 DEWAYNE L. KNOWLES, 0000 RANDALL A. PAPE, 0000 BRYAN R. FREEMAN, 0000 BRIAN T. KOCH, 0000 BENJAMIN J. PAPPAS, 0000 LAWRENCE M. GAINES, 0000 LIA B. KOLOSKI, 0000 THOMAS W. PARKER, 0000 IAN C. GALBRAITH, 0000 THOMAS H. KOLOSKI, 0000 RICHARD E. PARKINSON, 0000 KATIA M. GARCIA, 0000 SCOTT M. KOLTICK, 0000 HENRY J. PARRISH, 0000 KENNETH C. GARDNER, JR., 0000 JEFFERSON L. KOSICH, 0000 RICHARD H. PARRISH, 0000 KATE I. GERMANO, 0000 CONSTANTINE KOUTSOUKOS, 0000 ROSS A. PARRISH, 0000 JEREMY L. GETTINGS, 0000 KEITH E. KOVATS, 0000 TEAGUE A. PASTEL, 0000 PAUL M. GHIOZZI, 0000 BRYAN C. KUS, 0000 PARKE A. PAULSON, 0000 PETER M. GIBBONS, 0000 JAMES R. KYTE, 0000 LESLIE T. PAYTON, 0000 STEVE E. GILLETTE, 0000 JOSEPH B. LAGOSKI, 0000 ROBERT A. PEAL, 0000 THOMAS H. GILLEY IV, 0000 JUSTIN D. LAMORIE, 0000 DARIEN A. PEDOTA, 0000 JAMES R. GLADDEN III, 0000 DEREK E. LANE, 0000 ELIZABETH D. PEREZ, 0000 RICHARD L. GLADWELL, JR., 0000 VINCENT G. LARATTA, 0000 GABRIEL A. PEREZ, 0000 SEAN M. GLEASON, 0000 SCOTT H. LAROCCA, 0000 CHRISTOPHER M. PERRINE, 0000 IAN T. GLOVER, 0000 ANDREAS D. LAVATO, 0000 BRADLEY W. PHILLIPS, 0000 JENNIFER M. GODDARD, 0000 GABRIEL E. LEAL, 0000 FORD C. PHILLIPS, 0000 JEFFREY D. GOODELL, 0000 JOSEPH S. LEE, 0000 DARRYL A. PIASECKI, 0000 REBECCA L. GOODRICHHINTON, 0000 KATHY R. LEEWOOD, 0000 DAVID W. PINION, 0000 BRADLEY V. GORDON, 0000 JOEL T. LEGGETT, 0000 ROBERT F. PIPER III, 0000 JAMES H. GORDON, 0000 JOHN G. LEHANE, 0000 BENJAMIN T. PIPES, 0000 JOSHUA S. GORDON, 0000 SAMUEL C. LEIGH, 0000 RICHARD H. PITCHFORD, 0000 BRIAN T. GRANA, 0000 FREDERICK L. LEWIS, 0000 CLAY A. PLUMMER, 0000 CRAIG A. GRANT, 0000 GREGORY W. LEWIS, 0000 JEFFREY S. POOL, 0000 MAX S. GREEN, 0000 JONATHAN B. LINDSEY, 0000 DENNIS R. POWERS, 0000 BRANDON C. GREGOIRE, 0000 JOSEPH B. LINGGI, 0000 MELISSA PRATT, 0000 COLLEEN R. GRIMM, 0000 JOHN W. LITTON, 0000 KEVIN J. PRINDIVILLE, 0000 RICHARD R. GRIMM, 0000 JAMES W. LIVELY, 0000 SEAN T. QUINLAN, 0000 KELLY J. GRISSOM, 0000 MICHAEL J. LIVINGSTON, 0000 CRAIG T. RALEIGH, 0000 JAMES W. GROOMS II, 0000 SHANE M. LONG, 0000 AARON R. RAMERT, 0000 ROBERT J. GUICE, 0000 CARL M. LOWE, 0000 GEORGE P. RAMSEY, 0000 REGINA M. GUSTAVSSON, 0000 BRIAN M. LUCERO, 0000 OMAR J. RANDALL, 0000 JOHN T. GUTIERREZ, 0000 GEORGE W. LUNDY III, 0000 MARK L. RANEY, 0000 MATTHEW B. HAKOLA, 0000 JONATHAN C. LUTTMANN, 0000 DANNY G. RAYMOND, 0000 JEREMY G. HALL, 0000 CHARLES B. LYNN III, 0000 DAVID L. REAS, 0000 MICHAEL S. HALL, 0000 WILLIAM W. MA, 0000 DANIEL N. REBER, 0000 MARK E. HALVERSON, 0000 SCOTT J. MABEE, 0000 ANDREW P. REED, 0000 ALFRED B. HAMMETT II, 0000 MAREK Z. MAKAREWICZ, 0000 PHILLIP A. REEVES, 0000 JEFFREY L. HAMMOND, 0000 SKYLER D. MALLICOAT, 0000 ROBERT B. REHDER, JR., 0000 ROBERT M. HANCOCK, 0000 TODD M. MANYX, 0000 DAVID M. REILLY, 0000 MARK A. HAND, 0000 WILLIAM M. MAPLES, 0000 PETER O. REITMEYER, 0000 DAVID W. HANDY, 0000 MICHAEL C. MARGOLIS, 0000 JABARI J. RENEAU, 0000 JAMES A. HANLEY II, 0000 SOCRATES S. MAROUDIS, 0000 SHELTON RICHARDS, 0000 CHARLES M. HARRIS, 0000 DANIEL L. MARTIN, 0000 BRYAN D. RICHARDSON, 0000 MARIUS L. HARRISON, 0000 JAMES T. MARTIN, 0000 JASON P. RICHTER, 0000 ELIZABETH A. HARVEY, 0000 BRETT E. MATTHEWS, 0000 NEAL E. RICKNER, 0000 HOWARD H. HATCH, 0000 RENEE L. MATTHEWS, 0000 RICHARD J. RIGHTER, 0000 CORY M. HAVENS, 0000 MATTHEW D. MCBROOM, 0000 SEAN P. RILEY, 0000 ROBERT C. HAWKINS, 0000 MICHAEL C. MCCARTHY, 0000 BENJAMIN S. RINGVELSKI, 0000 BRENDAN G. HEATHERMAN, 0000 DAVID A. MCCOMBS, 0000 RANDALL C. RISHER, 0000 ROBERT P. HEFFNER, JR., 0000 BRIAN P. MCDERMOTT, 0000 JULIAN J. RIVERA, 0000 ERIK B. HEISER, 0000 KEVIN M. MCDONALD, 0000 TIMOTHY C. RIZNER, 0000 WILLIAM C. HENDRICKS IV, 0000 MICHAEL S. MCFADDEN, 0000 CHRISTIAN D. RIZZO, 0000 SEAN D. HENRICKSON, 0000 RICHARD C. MCGAHHEY, JR., 0000 MICHAEL J. ROACH, 0000 MICHAEL E. HERNANDEZ, 0000 MATTHEW R. MCINERNEY, 0000 JASON P. ROBERTS, 0000 LARRY J. HERRING, 0000 GEOFFREY J. MCKEEL, 0000 RICHARD C. ROBERTS, 0000 RALPH HERSHFELT III, 0000 ARIC A. MCKENNA, 0000 MARK W. RODGERS, 0000 BERNARD HESS, 0000 NEIL D. MCKENNA IV, 0000 CLAIBORNE H. ROGERS, 0000 DREW R. HESS, 0000 BRIAN P. MCLAUGHLIN, 0000 SCOTT M. ROLPH, 0000 CHERRONE A. HESTER, 0000 MYLES C. MCLAUGHLIN, 0000 DAVID T. ROMLEY, 0000 DOUGLAS P. HIBSHMAN, 0000 JEFFREY J. MEISENGER, 0000 DAVID M. ROONEY, 0000 MICHAEL D. HICKS, 0000 NATHAN A. MENTINK, 0000 RICHARD A. ROSENSTEIN, JR., 0000 DALE A. HIGHBERGER, 0000 THOMAS B. MERRITT, JR., 0000 SAM L. ROY, 0000 CRAIG P. HIMEL, 0000 ANDREW A. MERZ, 0000 JUSTIN R. RUMPS, 0000 CHRISTOPHER M. HOBSON, 0000 CHRISTOPHER V. MEYERS, 0000 FREDERICK W. RUSSELL III, 0000 THOMAS A. HODGE, 0000 DANIEL R. MILLANE, 0000 TRAVIS G. RUSSELL, 0000 PATRICK A. HODGES, 0000 KENT J. MILLER, 0000 CHRISTIAN S. RUWE, 0000 ROBERT E. HOFFLER, JR., 0000 KOLTER R. MILLER, 0000 CHARLES W. RYAN, 0000 GREGORY S. HOFFMAN, 0000 NATHAN A. MILLER, 0000 JOHN T. RYAN, 0000 LUKE T. HOLIAN, 0000 BARRON E. MILLS, 0000 RUSSELL C. RYBKA, 0000 TERRELL D. HOOD, 0000 DAVID H. MILLS, 0000 CHRISTI L. SADDLER, 0000 JAMES B. HOOVER, 0000 BRUNO G. MITCHELL, 0000 LOUIE G. SAGISI, 0000 JEFFREY S. HOUSTON, 0000 STEPHEN J. MONSOUR, 0000 DENNIS W. SAMPSON, JR., 0000 MICHAEL P. HOWARD, 0000 ERIC S. MONTALVO, 0000 JOHN E. SAMPSON, 0000 WILLIAM C. HOWLETT, 0000 DAVID B. MOORE, 0000 SOUNTHONE SANANIKONE, 0000 RYAN M. HOYLE, 0000 JOE L. MOORE, 0000 ROLANDO R. SANCHEZ, 0000 GEORGE A. HUGGINS, 0000 BRUCE L. MORALES, 0000 DOUGLAS C. SANDERS, 0000 ALEXANDER R. HULT, 0000 RICHARD K. MORRIS, 0000 MAURICE A. SANDERS, 0000 DAVID C. HUMPHREYS, 0000 BILLIE D. MORTON, JR., 0000 DENNIS A. SANTARE, 0000 ROBERT C. HUNTER, 0000 STEPHEN H. MOUNT, 0000 WILLIAM A. SANTMYER, 0000 PER D. HURST, 0000 DAVID A. MUELLER, 0000 JOHN E. SARNO, 0000 BENJAMIN K. HUTCHINS, 0000 BRIAN W. MULLERY, 0000 KEVIN T. SAUNDERS, 0000 CHRISTOPHER S. IEVA, 0000 KEVIN M. MULLIGAN, 0000 GLENN SCHMID, 0000 CARLOS T. JACKSON, 0000 RAMON J. MUNOZ, 0000 JOSEPH G. SCHMITT, 0000 JOHN B. JACKSON III, 0000 TANYA M. MURNOCK, 0000 DAVID E. SCHNEIDER, 0000 ROB L. JAMES, 0000 STEVEN R. MURPHY, 0000 PAUL M. SCHNEIDER, 0000 JESSE A. JANAY, 0000 TIMOTHY I. MURRAY, 0000 WILLIAM M. SCHRADER, 0000 JACOB A. JENKINS, 0000 DANIEL T. NAROZNIAK, 0000 SEAN D. SCHROCK, 0000 BRENT A. JOHNSON, 0000 JOHN B. NAYLOR, 0000 JASON L. SCHWARTZ, 0000 MICHAEL J. JOHNSON, 0000 ANTHONOL L. NEELY, 0000 JOHN T. SCHWENT, JR., 0000 SAMUEL L. JOHNSON, 0000 YOHANNES G. NEGGA, 0000 ROBERT C. SELLERS, 0000 TERRY D. JOHNSON, 0000 SHANNON J. NELLER, 0000 MICHAEL P. SHAND, 0000

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DAVID B. SHEALY, 0000 ERIC S. SYVERSON, 0000 BENJAMIN M. VENNING, 0000 DANIEL B. SHEEHAN III, 0000 ERIK C. TAUREN, 0000 CHARLIE R. VONBERGEN, 0000 RYAN P. SHEEHY, 0000 BRIAN J. TAYLOR, 0000 PAT P. VONGSAVANH, 0000 BRIAN O. SHELLMAN, 0000 JAMES T. TAYLOR, 0000 FRANCIS M. WALD, 0000 WILLIAM SHERIDAN IV, 0000 STEPHEN J. TAYLOR, 0000 STEVEN O. WALLACE, 0000 WILLIAM F. SIEVE II, 0000 BRADLEY J. TEEMLEY, 0000 WALTER J. WALLACE, 0000 JOHN T. SILVA, 0000 THOMAS M. TENNANT, 0000 RANDAL M. WALSH, 0000 FRANK L. SIMMONS, 0000 GREGORY A. THIELE, 0000 WAYNE J. WALTRIP, 0000 WILLIAM T. SIMMONS, 0000 AMY N. THOMAS, 0000 CHRISTIAN M. WARD, 0000 MICHAEL D. SKAGGS, 0000 WILLIAM A. THOMAS II, 0000 GREGORY J. WARDMAN, JR., 0000 RICHARD T. SLACK, 0000 ANDREW J. THOMPSON, 0000 ANTONIO H. WATERS, 0000 SAMUEL L. SLAYDON, 0000 ERIC N. THOMPSON, 0000 BRITT A. WATSON, 0000 DAVID P. SMAY IV, 0000 IAN F. THOMPSON, 0000 ANTHONY L. SMITH, 0000 JEREMY S. THOMPSON, 0000 KEITH S. WEINSAFT, 0000 DANIEL B. SMITH, 0000 PATRICK F. TIERNAN, 0000 WILLIAM S. WEIS, 0000 ELIESER R. SMITH, 0000 WINSTON S. TIERNEY, 0000 JEFFREY A. WHITE, 0000 KEITH D. SMITH, 0000 ARCHIE L. TINJUM, JR., 0000 MICHAEL S. WILBUR, 0000 MIRANDA D. SMITH, 0000 VIRGIL E. TINKLE, 0000 DARBY R. WILER, 0000 ROGER A. SMITH, 0000 EMMANUEL V. TIPON, 0000 MICHAEL B. WILLIAMS, 0000 TRACI L. SNIVELY, 0000 CURTIS J. TOMCZAK, 0000 JERRY D. WILLINGHAM, 0000 JARED A. SPURLOCK, 0000 EDMUND B. TOMLINSON, 0000 BRETT M. WILSON, 0000 MATTHEW A. SPURLOCK, 0000 MICHAEL D. TRAPP, 0000 BRYAN D. WILSON, 0000 MICHAEL W. STEHLE, 0000 SCOTT T. TRENT, 0000 PETER A. WILSON, 0000 JAMES T. STEIDLE, 0000 JAMES W. TROY, 0000 MATTHEW D. WINKELBAUER, 0000 JEFFREY S. STEPHENS, 0000 JOSEPH M. TURGEON, 0000 WILLARD E. WINKENHOFER III, 0000 MARK A. STIFFLER, 0000 JOSEPH B. TURKAL, 0000 JEFFREY W. WITHEE, 0000 RONALD D. STORER, 0000 TRAY A. TURNER, 0000 KENNETH P. WOODS, 0000 STEVEN W. STORMANT, 0000 JAMES D. UTSLER, 0000 TOMMY R. WRIGHT, 0000 GRAYSON T. STORY, 0000 GLENN H. VANAIRSDALE, 0000 DAVID L. YAGGY, 0000 DEAN T. STOUFFER, 0000 MARK R. VANDERBEEK, 0000 JAMISON YI, 0000 ROBERT A. SUCHER, 0000 TOBIAS K. VANESSELSTYN, 0000 NEBYOU YONAS, 0000 THEODORE P. SUDMEYER, 0000 DAVID J. VANLANEN, 0000 DANIEL R. ZAPPA, 0000 BYRON D. SULLIVAN, 0000 SCOTT E. VASQUEZ, 0000 JAMES L. ZEPKO, 0000 MICHAEL N. SWIFT, 0000 ANTONIO E. VELASQUEZ II, 0000 THOMAS G. ZIEGLER, JR., 0000 TROY S. SYBESMA, 0000 ANDREW E. VELLENGA, 0000 RUTH A. ZOLOCK, 0000

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The House met at 10 a.m. and was forward and lead the House in the space shuttle ‘‘Challenger’’ tragically called to order by the Speaker pro tem- Pledge of Allegiance. died while seeking the wonders and pore (Mrs. MILLER of Michigan). Mr. POE led the Pledge of Allegiance worlds of space. f as follows: In the tradition of great explorers of I pledge allegiance to the Flag of the the past like Columbus, the Conquis- DESIGNATION OF THE SPEAKER United States of America, and to the Repub- tadores and Lewis and Clark, the astro- PRO TEMPORE lic for which it stands, one nation under God, nauts aboard the space shuttle ‘‘Chal- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. lenger’’ were exploring and embarking fore the House the following commu- f on the last frontier when they gave nication from the Speaker: ANNOUNCEMENT BY THE SPEAKER their lives on January 28, 1986. That courageous ‘‘Challenger’’ crew of WASHINGTON, DC, The SPEAKER pro tempore. The Francis Scobee, Michael Smith, Judith February 1, 2006. Chair will entertain up to 15 one- I hereby appoint the Honorable CANDICE S. Resnick, Ellison Onizuka, Gregory Jar- minute speeches on each side. MILLER to act as Speaker pro tempore on vis, high school teacher Christa this day. f McAuliffe and Texan Ronald McNair J. DENNIS HASTERT, HELP OUR LOCAL SMALL were the best of the brave, the bold and Speaker of the House of Representatives. BUSINESSES the brazen. They were not only remem- f (Mrs. KELLY asked and was given bered by NASA in my hometown of PRAYER permission to address the House for 1 Houston, but throughout the world. minute and to revise and extend her re- These magnificent seven epitomized The Reverend Don Davidson, Pastor, the spirit of the explorers of old and First Baptist Church, Alexandria, Vir- marks.) Mrs. KELLY. Madam Speaker, I rise will be remembered for their sense of ginia, offered the following prayer: adventure and courage. Space explo- Dear God, our Heavenly Father, today to urge my colleagues to work more collectively and comprehensively ration is America’s marvelous mission maker of all that there is, the One in that will continue to be our dream and whom we live and move and have our in Congress during the legislative year ahead to help our local small busi- our goal. being. We pause at the beginning of These seven brothers and sisters of this day to acknowledge that You are nesses. The President stressed last night that the tax and economic poli- space and their enduring legacy are God, and we are not. We are but Your part of that goal to conquer and to servants, and we humbly bow before cies to help small businesses lead to continued economic growth and new challenge space. That’s just the way it You. is. Thank You for this rich and diverse jobs. Now is the time to put those country, the United States of America, words into action. f and for this great deliberative body and During the past month, I have held RONALD REAGAN ORAL HISTORY the role each Member plays in leading town hall forums with small business PROJECT owners and employees in New York’s our government and charting our Na- (Mr. GOODE asked and was given tion’s course. Hudson Valley. We agreed that there are five areas that we should focus our permission to address the House for 1 Grant these men and women wisdom minute and to revise and extend his re- and courage for the decisions of this efforts to help our small businesses: One, lower health insurance costs for marks.) hour. Give them strength for today and Mr. GOODE. Madam Speaker, first I bright hope for tomorrow. Speak, Lord, small businesses. Two, stop excessive and redundant want to say it is a pleasure to be here and may these hear You and obey You, Federal regulations on small business. with Reverend Don Davidson today. that Your will can be done on Earth Three, level the playing field for Reverend Davidson used to live in the just as it is in Heaven. small businesses and give them the Fifth District of Virginia, and I want We confess our sinfulness, but we are same advantages as larger companies. to wish him the best in his new loca- reminded of the scripture that says if Four, permanently end the death tax tion in Alexandria. we confess our sins, You are faithful that is a direct hit on family-owned Days before we observe Ronald Rea- and just and will forgive us our sins small businesses and family farms. gan’s birthday, I think it important to and cleanse us from all unrighteous- Five, extend tax relief for small busi- share some of the achievements of Ron- ness. We ask for Your grace in abun- nesses to help them grow and create ald Reagan’s Oral History Project de- dance. jobs. veloped by the Miller Center at the Through Jesus Christ, I pray. Amen. Let us fully demonstrate our com- University of Virginia. f mitment to small businesses by con- This project began in August 2001. In 45 interviews, it has recorded volumes THE JOURNAL tinuing to pursue legislative solutions to the challenges being faced by small about President Reagan’s political ca- The SPEAKER pro tempore. The businesses in the Hudson Valley and reer. The purpose of the Oral History Chair has examined the Journal of the throughout our country. Project is to record recollections of last day’s proceedings and announces f persons apart from the pressures of in- to the House her approval thereof. cumbency. Pursuant to clause 1, rule I, the Jour- THE ‘‘CHALLENGER’’ A majority of the almost 3,000 pages nal stands approved. MAGNIFICENT SEVEN of transcripts will be released later this f (Mr. POE asked and was given per- month, and the Miller Center will hold mission to address the House for 1 a three-part forum to celebrate their PLEDGE OF ALLEGIANCE minute.) release. The SPEAKER pro tempore. Will the Mr. POE. Madam Speaker, 20 years Nancy Reagan commented that the gentleman from Texas (Mr. POE) come ago, the seven crew members of the Miller Center has become a valuable

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

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 540 CONGRESSIONAL RECORD—HOUSE February 1, 2006 part of our lives, as it works closely eral guidelines and deadlines. I know President was speaking and encour- with the Ronald Reagan Presidential that many local governments across aging Americans to support our troops. Library to create a definitive oral his- the Nation right now are struggling to Shame, shame. tory of the Reagan presidency. meet HAVA’s requirements at the risk f f of losing all of their Federal funding. The ‘‘Help America Vote Act’’ was RECESS MINE SAFETY AND HEALTH ACT written to strengthen our election The SPEAKER pro tempore. Pursu- OF 2006 process, and to bring it up to date na- ant to clause 12(a) of rule I, the House (Mrs. CAPITO asked and was given tionwide. For many areas this means will stand in recess subject to the call permission to address the House for 1 buying new voting machines. This is no of the Chair. minute and to revise and extend her re- easy task, Madam Speaker, for many Accordingly (at 10 o’clock and 12 marks.) areas that are still using the same reli- minutes a.m.), the House stood in re- Mrs. CAPITO. Madam Speaker, first I able machines that had been in use for cess subject to the call of the Chair. would like to thank the Nation and my many decades. Local governments need f fellow West Virginians for their pray- time to make such an important deci- ers during our month of sorrow caused sion, not a deadline with a threat of b 1305 by our coal mining accidents. As you Federal penalties. AFTER RECESS know, two major mining accidents My legislation buys more time for The recess having expired, the House took place in West Virginia, killing 12 local governments who are acting in was called to order by the Speaker pro miners at Sago mine in Upshur County good faith to follow the letter of the tempore (Mr. LAHOOD) at 1 o’clock and and 2 at the Alma mine in Logan Coun- law by extending HAVA’s deadlines 5 minutes p.m. ty. Today the West Virginia Congres- from May to the general election in sional delegation, on a bipartisan basis, November. This is commonsense re- f will introduce the Federal Mine Safety form of necessary legislation, and I ANNOUNCEMENT BY THE SPEAKER and Health Act of 2006. This mine safe- urge my colleagues to support it. PRO TEMPORE ty legislation will require the Mine f The SPEAKER pro tempore. Pursu- Safety and Health Administration to ant to clause 8 of rule XX, the Chair issue regulations to provide for imme- SUPPORT OUR TROOPS will postpone further proceedings diate notification of mine accidents, (Mr. YOUNG of Florida asked and today on motions to suspend the rules new regulations for mine safety teams, was given permission to address the on which a recorded vote or the yeas and to ensure a quick response and im- House for 1 minute.) and nays are ordered, or on which the prove technology to keep miners safe. Mr. YOUNG of Florida. Madam vote is objected to under clause 6 of This legislation creates an MSHA Of- Speaker, last night in this Chamber, as rule XX. fice of Science and Technology and ex- the President of the United States was Record votes on postponed questions amine mine safety and rescue tech- encouraging Americans to support our will be taken later today. nologies, including refuge chambers. troops, my wife was sitting in this gal- The world watched as tragedy was lery right over here, and she was or- f averted in Canada this past weekend dered to leave the gallery because she ELIMINATING FLOOR PRIVILEGES because 72 trapped miners were able to was doing, and this was in the middle OF FORMER MEMBERS AND OF- escape to a designated safe haven. of the President’s speech, what the FICERS American miners deserve to have the President said we should all do. Mr. DREIER. Mr. Speaker, I move to best safety equipment as well. She had on this shirt, a very conserv- suspend the rules and agree to the reso- It is important that this House act ative shirt, long sleeves, high neck. lution (H.Res. 648) to eliminate floor on legislation to improve the safety of But it says ‘‘Support our Troops.’’ privileges and access to Member exer- our coal mines. I spent time with the Someone at this door in the gallery or- cise facilities for registered lobbyists friends and family of the Sago mine dered her to leave. When she got into who are former Members or officers of victims, both as we awaited the news of the corridor, they explained to her that the House. the rescue efforts and after we heard she was a demonstrator, that she was a The Clerk read as follows: the tragic result. I do not want to protester. Besides that they lied about watch more families endure what the what she did. They said she had on a H. RES. 648 families of the Sago victims have gone jacket, she flashed open the jacket and Resolved, through. exposed this shirt. Not true. She did SECTION 1. FLOOR PRIVILEGES OF FORMER I urge my colleagues, whether your not have a jacket on. Then they called MEMBERS AND OFFICERS. State is a major producer of coal or her a demonstrator and a protester. Clause 4 of rule IV of the Rules of the House of Representatives is amended to read not, to join the West Virginia delega- When asked about this incident by a as follows: tion in helping to prevent future mine reporter from the St. Petersburg Times ‘‘4. (a) A former Member, Delegate, or Resi- tragedies. in my home district, they denied, de- dent Commissioner; a former Parliamen- f nied, and said she left on her own voli- tarian of the House; or a former elected offi- tion. cer of the House or former minority em- HELP AMERICA VOTE ACT My wife supports our troops on every ployee nominated as an elected officer of the (Mr. FITZPATRICK of Pennsylvania day, every hour, every waking hour. It House shall not be entitled to the privilege asked and was given permission to ad- is with a passion, because of a passion of admission to the Hall of the House and dress the House for 1 minute.) that comes from the hours and the rooms leading thereto if he or she— ‘‘(1) is a registered lobbyist or agent of a Mr. FITZPATRICK of Pennsylvania. days and the weeks and the months foreign principal as those terms are defined Madam Speaker, I rise today in support that she has spent in our military hos- in clause 5 of rule XXV; of legislation that I introduced yester- pitals ministering to those who have ‘‘(2) has any direct personal or pecuniary day to delay penalties to local govern- been wounded in the line of duties, interest in any legislative measure pending ments who are unable to meet the May helping with their families. before the House or reported by a committee; deadlines imposed by the Help America Yes, she has a real passion for our or Vote Act of 2002. As a former county troops, and she shows it in many, many ‘‘(3) is in the employ of or represents any commissioner with firsthand experi- ways. Most members in this House party or organization for the purpose of influencing, directly or indirectly, the passage, ence with local voting boards, I know know that. But because she had on a defeat, or amendment of any legislative pro- how hard it is to maintain the high shirt that someone did not like that posal. standards we hold for our democratic said ‘‘Support our Troops,’’ she was ‘‘(b) The Speaker may promulgate regula- process while meeting prescribed Fed- kicked out of this gallery while the tions that exempt ceremonial or educational

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 541 functions from the restrictions of this The SPEAKER pro tempore. Under Mr. Speaker, let me begin by thank- clause.’’. certain circumstances, yes. ing my friend from Arkansas for point- SEC. 2. PROHIBITING ACCESS TO MEMBER EXER- Does the gentleman have another in- ing to some of the important aspects of CISE FACILITIES FOR LOBBYISTS quiry? WHO ARE FORMER MEMBERS OR OF- this legislation. FICERS. Mr. SNYDER. Mr. Speaker, I would We are committed to bold, strong, (a) IN GENERAL.—The House of Representa- like a further amplification on that. dynamic reform for this institution. tives may not provide access to any exercise Clearly, a registered lobbyist, since Mr. The Republican Party, Mr. Speaker, facility which is made available exclusively DREIER’s legislation specifically refers has stood for reform ever since I can to Members and former Members, officers to registered lobbyists, who are former remember. When I was in the minority, and former officers of the House of Rep- Members, have a direct personal inter- we had the privilege of working on the resentatives, and their spouses to any former est in this legislation pending today. I Joint Committee on the Organization Member, former officer, or spouse who is a am not sure how that application, per- lobbyist registered under the Lobbying Dis- of Congress, and that committee made closure Act of 1995 or any successor statute haps I have not been clear in my ques- a wide range of recommendations that or agent of a foreign principal as defined in tion, how a registered lobbyist who is a would have focused on improving the clause 5 of rule XXV. For purposes of this former Member could be on the House deliberative nature of this institution, section, the term ‘‘Member of the House of floor today when Mr. DREIER’s legisla- the transparency that is necessary, and Representatives’’ includes a Delegate or tion specifically involves registered the accountability. Unfortunately, Resident Commissioner to the Congress. lobbyists who are former Members. when we Republicans were in the mi- (b) REGULATIONS.—The Committee on The SPEAKER pro tempore. What is nority, they were not implemented. House Administration shall promulgate reg- the gentleman’s inquiry? ulations to carry out this section. When we won the majority in 1994, we Mr. SNYDER. My inquiry is: Are proceeded with very sweeping reforms The SPEAKER pro tempore. Pursu- those Members, former Members, who which focused on lobbying and a wide ant to the rule, the gentleman from are registered lobbyists, are they not range of other areas. California (Mr. DREIER) and the gentle- under current rules prohibited from I have always argued, Mr. Speaker, woman from New York (Ms. SLAUGH- being on the floor today because they that when we are completed with re- TER) each will control 20 minutes. would have, obviously, a personal informs, what we should do is proceed The Chair recognizes the gentleman terest in this, the intent of Mr. with more reform; and it needs to be from California. DREIER’s bill? done in a way in which we recognize PARLIAMENTARY INQUIRY The SPEAKER pro tempore. Would the deliberative nature of this institu- Mr. SNYDER. Mr. Speaker, a par- the gentleman restate his question. tion. I love this institution, Mr. Speak- liamentary inquiry, if I might. Because Mr. SNYDER. Mr. Speaker, my ques- er. I proudly describe myself as an in- of the State of the Union last night, tion is: If a former Member, who is cur- stitutionalist. But we have a problem and we always have the tradition of rently a registered lobbyist, may that that needs to be addressed. lots of former Members, I have two or former Member, who is currently a We have just begun this process of three parliamentary inquiries that I former lobbyist, be on the floor today beginning the reforms for the Second would like to ask about the rules of the during the consideration of this bill? Session of the 109th Congress. We have House governing this debate today. The SPEAKER pro tempore. Such a been working on reforms in the past Under rule IV, clause 4, if I might former Member should not be on the session of Congress and in Congresses read it, because I think most Members floor given the pendency of this mo- before that, but today we begin the may not have looked at this in a while: tion. work following the President’s great Mr. SNYDER. Mr. Speaker, that is ‘‘former Members, Delegates and Resi- State of the Union message on the what my understanding was. dent Commissioners; former Parlia- issue of reform; and that is why this The SPEAKER pro tempore. Does the mentarians of the House; and former measure that we are moving forward elected officers and minority employ- gentleman have another inquiry? Mr. SNYDER. Mr. Speaker, I do. with is one that we believe is very im- ees nominated and elected as officers of Under the rules that I just read, it re- portant, very transparent and gets at a the House shall be entitled to the privi- fers to the Hall of the House and rooms problem that does exist. leges of admission to the Hall of the leading thereto. I assume that means The fact of the matter is, every sin- House and rooms leading thereto only the Speaker’s Lobby and the two gle American has the constitutional if, cloakrooms. Is that the Speaker’s in- right to petition their government. It ‘‘(1) they do not have any direct per- terpretation of that rule? is a precious right that we need to pro- sonal or pecuniary interest in any leg- The SPEAKER pro tempore. The gen- tect, and we need to do everything pos- islative measure pending before the tleman is correct. It also includes the sible to ensure that every American House or reported by a committee; and, Rayburn Room, just off the House can in fact come to their elected rep- ‘‘(2) they are not in the employ of or floor. resentative and state their opinion. do not represent any party or organiza- Mr. SNYDER. Mr. Speaker, my third Concern has come forward from a tion for the purpose of influencing, di- parliamentary inquiry, under current number of Members, and this has ex- rectly or indirectly, the passage, defeat rules, I see no exemption, under the isted really since the beginning of or amendment of any legislative meas- current rule, for any kind of an edu- time, or since the beginning of this in- ure pending before the House reported cational function to occur during the stitution, where we have now seen by a committee or under consideration consideration of this measure; is that former Members who are registered in any of its committees or sub- correct? lobbyists come to the House floor and committees.’’ The SPEAKER pro tempore. The gen- engage in lobbying activity. It is In Mr. DREIER’s proposal today, it tleman is correct. against the rules, it is not supposed to specifically includes all registered lob- Mr. SNYDER. Mr. Speaker, my happen, but in fact it has happened. byists, any former Members that are fourth parliamentary inquiry, this bill That is why this resolution is designed registered. is now under our suspension calendar. to ensure, Mr. Speaker, that former The SPEAKER pro tempore. What is Is it the Speaker’s ruling that no Members of Congress who are reg- the gentleman’s inquiry? amendments are allowed to broaden istered lobbyists do not have any kind Mr. SNYDER. My inquiry is this: the application of this rule? of advantage over the average Amer- Under the current rules that we are op- The SPEAKER pro tempore. The gen- ican when it comes to access to Mem- erating under today, do the rules pro- tleman is correct. bers of the United States House of Rep- hibit any registered lobbyist who is a The gentleman from California (Mr. resentatives. former Member from being on the floor DREIER) may proceed. This resolution is clear. It says for of the House today or in the rooms ad- Mr. DREIER. Mr. Speaker, I yield the House of Representatives, the joining thereto? myself such time as I may consume. House floor and the gym, that former

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 542 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Members of Congress are not able, if and they are suddenly committed to Mr. OXLEY. Mr. Speaker, I have no they are registered lobbyists, to have producing an ethical Congress. And so particular problem with dealing with access there. We believe that this is a we are opening this year with another former Member/lobbyists on the floor concern that needs to be addressed; and ethics rules change. of the House. This is where we do our I hope very much that we will be able It is a reform that I support, because business. The rule frankly has always to, as I have been very pleased in the the stranglehold lobbyists have over been that there is no lobbying on the past several weeks to work in a bipar- our process is indeed a tremendous floor of the House. And, frankly, in 24 tisan way on the passage of this meas- problem facing our Nation. plus years here, I have never had that ure. The fact that there are 34,000 reg- experience, even since I have been com- Let me state, Mr. Speaker, that this istered lobbyists in Washington today, mittee chairman. So to some extent we is the first step in our process of great- 63 for each Member of Congress, dem- are somewhat tilting at windmills. er reform. My friend from Arkansas onstrates just how much power special My big concern really is what the has come forward with some very in- interests wield in this Congress. And message is in terms of Members, teresting ideas. He testified before the clearly, former Members of this body former Members who are lobbyists in Rules Committee. I will say to him who lobby should not have special ac- the wellness center, as we call it. I hap- right now that I am very happy and cess to lawmakers on the floor or the pen to chair that, and I have been for a pleased to look at the proposals that he gym. number of years, one of the last has offered and consider them legisla- But let me be clear, that this rules vestiges of bipartisanship and camara- tively. change is so minor in relation to the derie in this institution that many of This is the first day of the Second magnitude of the problem that it does us share, many times with former Session of the 109th Congress, but there not amount to a drop in the ocean. In Members who have continually been are a wide range of reforms that Speak- fact, I suspect it is illegal already. members of the wellness center and er HASTERT and I and others have pro- First, we know that they should not have come down and enjoyed the cama- posed. There are a wide range of re- be here, but we have ignored that rule raderie, the exercise. forms that have been proposed by our and done nothing to enforce it. But Not once in that time have I been colleagues on the other side of the more importantly, shifting the blame lobbied, nor have I heard any com- aisle. for the rampant corruption in Wash- plaints since I have been chairman of So I am convinced we can, in a bipar- ington only to lobbyists is part of an the wellness center about lobbying tak- tisan way, work to increase the level of effort to avoid the central issue. ing place. I think it is a perhaps un- written rule. Maybe it ought to be a transparency and make sure that there Corrupt lobbyists like Jack Abramoff written rule, but to ban these distin- is a greater degree of accountability to have done much harm to this country, guished former Members that we all this institution. This step is one that but they can only be as corrupt as served with on both sides of the aisle, we can begin with; and it is one that those in power allow them to be. Let whether it is Lee Hamilton or whether should enjoy, as I said, strong bipar- me say that again. They have done a it is Jack Fields or Jack Quinn or Bill tisan support. lot to harm the country, but they can Archer, former chairman of the Ways Mr. Speaker, I reserve the balance of only be as corrupt as those in power and Means Committee, I think really my time. allow them to be. A true responsibility for corruption does a disservice to this institution, b 1315 begins and ends here in this Chamber and I am really concerned about it. Let us take a look at the language of Ms. SLAUGHTER. Mr. Speaker, just with those who pull the strings. Lobby- this proposal. It basically says if you over a year ago, on the very first day of ists are simply the symptom. The dis- are a former Member/lobbyist, a Bill the last session of Congress, I stood on ease is here. Because after all, lobby- Archer or a Jack Fields, you are no the floor and watched the Republican ists are writing the bills that come out longer welcome in the wellness center, majority force through a new set of of this House because the Republican you can just go ahead and clean out House rules, rules designed to destroy leadership wanted it that way. House your locker. But if you are a convicted the House Ethics Committee and to rules are being ignored and our ethics felon, and not a former Member/lob- protect the leadership and their Mem- process destroyed because the Repub- bers from any measure of real account- byist, you can participate in the lican leadership wants it that way. wellness center. It seems to me rather ability. We now have a government that is incongruous and rather upside down to- And ironically they called it an eth- too corrupt to sustain itself any wards trying to come to grips with ics reform package. As a result of that longer, too undemocratic to even pre- some of these alleged problems that package we still do not have a working tend to be a democracy. We simply can- are out there. ethics committee today. not allow Band-aid packages like the Mr. DREIER. Mr. Speaker, will the On that day the word ‘‘corruption’’ one presented today to take the place gentleman yield? became synonymous with Congress in of real reform. It is self-evident now Mr. OXLEY. I yield to the gentleman the minds of many of the American that those who put America up for sale from California. people. 2005 went on to be a year de- have neither the ability nor the credi- Mr. DREIER. Mr. Speaker, as I said fined by corruption in a way never be- bility to lead us in a new direction. at the outset, I thank my friend for fore seen. The magnitude of the Repub- It is going to take a lot more than yielding, this is the first step in the be- lican culture of corruption over- preventing former Members from going ginning of the 109th Congress second whelming this House has only been ex- to the House gym to produce an ethical session in dealing with this issue of re- ceeded by the high cost of that corrup- Congress. If we ever hope to restore form, and we are open to making any tion for every man, woman and child in true democracy to our government, it kind of modification. I will tell you the this country. is going to take a fundamental change notion of having convicted felons hav- From the Medicare legislation affect- in the culture of this institution, one ing access to the House floor obviously ing the health of our seniors, to the devoutly to be wished and felt and cer- we find that abhorrent, and so I will safety of our troops in Iraq, to the en- tainly a thing that we will work hard just assure my friend that that is an ergy bills that determine if families for on this side. issue that we are more than happy to can afford to heat their homes during Mr. Speaker, I reserve the balance of address. the winter and drive their cars, noth- my time. Mr. FRANK of Massachusetts. Mr. ing has proved too precious to avoid Mr. DREIER. Mr. Speaker, I yield 3 Speaker, will the gentleman yield? being sold for a price. minutes to my good friend and class- Mr. OXLEY. I yield to the gentleman But despite this shameful record mate, the gentleman from Ohio (Mr. from Massachusetts. today, the Republican majority asks us OXLEY), the distinguished chairman of Mr. FRANK of Massachusetts. I do to believe they have now seen the light the Committee on Financial Services. suggest a possible compromise, because

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 543 there is a certain self-interest. Let us the discussions we have been having like could be, might be some kind of be honest among the Members. Perhaps across the Capitol over a period of 6 or reform, we miss the crux of the issue, the modification could be that any 8 months now, why we cannot come in which is changing that system that al- former Member using any piece of with a comprehensive proposal and lows legislation at 3 o’clock in the equipment would have to yield to a have an opportunity to debate it. morning and a vote is left open. current Member. We need to make the process more Mr. DREIER. Mr. Speaker, reclaim- Mr. OXLEY. Well, I think the gen- transparent, through disclosure. We ing my time. tleman from Massachusetts makes a need to have tougher restrictions on Mr. Speaker, I would simply say that good point. I think once we start down gifts. We need a tougher enforcement the Republican Party has been and this slippery slope it is really not in program and, most importantly, we continues to be the party of reform. We the best interests of this institution. need to fix the badly broken ethics sys- are committed with this first step that And I think, talking to Members pri- tem. So it seems to me if we are really we are taking today, with this pack- vately on both sides of the aisle, I committed to reforming the House, age, that addresses something that is think that we have clearly overreached then putting this Band-aid really does just not right. here. I have no problem with the floor not get at the crux of the issue. Former Members of Congress, who privileges, but the wellness center is a Mr. DREIER. Mr. Speaker, I yield are registered lobbyists should not different animal. myself such time as I may consume to have access to the floor of the House of Ms. SLAUGHTER. Mr. Speaker, I enter into a colloquy with the gen- Representatives, and that is something yield 2 minutes to the gentleman from tleman. that we are going to do. It is not a Massachusetts (Mr. MEEHAN). I want to simply say once again, Mr. Band-aid. No one is arguing that this is Mr. MEEHAN. Mr. Speaker, I rise to Speaker, that all of the items that he comprehensive reform. This is a first urge my colleagues to support com- has outlined, whether it is dealing with step towards the large process which prehensive lobbying reform. Over the the issue of a gift ban, greater trans- will allow us to address the concerns past few years special interests have parency and accountability, looking at that have come forward. had a larger and larger say over who the issue of privately funded travel, all Mr. Speaker, I reserve the balance of gets what in America, and the voices of of these are issues, as the gentleman my time. average citizens are being shut out. knows and as others know, that Speak- Ms. SLAUGHTER. Mr. Speaker, I The worst excesses of the Congress of er HASTERT is committed to addressing yield 3 minutes to the gentleman from the 1980s pale in comparison with what in a comprehensive way. Massachusetts (Mr. FRANK). is going on in Washington today. K And it is our intention, I hope very Mr. FRANK of Massachusetts. Mr. Street has become Congress’ back of- much that as we craft legislation, that Speaker, the problem that we are deal- fice. That is where the bills are written we will be able to do so in a bipartisan ing with is exemplified by what we are and the deals are made. Lobbyists from way. We felt strongly, Mr. Speaker, dealing with today, a bill that comes to the energy companies wrote the energy that at the outset here, as we begin the the floor under suspension of the rules. bill to increase their already excessive second session of the 109th Congress, I do not think the party of reform dis- profits, and lobbyists from the pharma- that this issue which falls within the tinguishes itself by bringing up this ceutical industry wrote the prescrip- jurisdiction of the Rules Committee, issue in a way that does not allow tion drug bill that actually makes it il- which I am privileged to chair, could be amendment. Why not bring this to the legal for the Federal Government to addressed on the opening day to make floor in an open rule? buy drugs in bulk for the 40 million it clear that we are committed to com- The fact is that we have had in this Americans who are on Medicare. prehensive reform. House for years now, under Republican Sadly, today’s proposal does nothing And so anyone who would lead some- rule, a suppression of democracy, a to address the abuses of power that one to believe otherwise is just plain failure to throw things open. Why was have allowed lobbyists unfettered ac- wrong. So I would simply say to my there a necessity to have this under a cess to government. Something barring colleague that I do look forward to suspension? Why should not this be former lawmakers, current lobbyists working. He has very, very creative, open? form the gym or the floor of the House good, interesting and important ideas Mr. DREIER. Mr. Speaker, will the and calling it lobbying reform is sort of in the legislative package that he has gentleman yield? like putting a Band-aid on a broken put forward, and I am committed to Mr. FRANK of Massachusetts. I yield leg. It does not even begin to address looking at every single one of those as to the gentleman from California. the real problems that have allowed we craft our legislation. Mr. DREIER. Mr. Speaker, I thank the system to get so out of control. I am happy to yield to my friend. my friend for yielding. Mr. DREIER. Mr. Speaker, will the Mr. MEEHAN. Mr. Speaker, I am Mr. Speaker, let me just state that gentleman yield? happy to hear all of that, but the crux the process of suspension of rules is a Mr. MEEHAN. I yield to the gen- of the issue here is that there is no way time honored structure that has ex- tleman from California. that not allowing former Members, for isted here which requires a super ma- Mr. DREIER. Mr. Speaker, I will be example, to be in the gym and to be on jority. This measure will not pass unhappy to yield the gentleman addi- the floor would have undone what was less two-thirds of the Members, a bi- tional time if it is necessary. The gen- done in the energy bill, for example. partisan coalition of Members, vote in tleman was not here on the floor when There is no way that that would stop support of it. I gave my opening statement, and from the $8 billion of tax credits for the oil Mr. FRANK of Massachusetts. Mr. the private conversation that you and I industry. There is no way that we Speaker, reclaiming my time, the gen- have had, I would like to again state would not have passed a Medicare pre- tleman misses the point entirely. The for the record, Mr. Speaker, that this is scription drug bill that actually makes question is not whether we pass some- simply a first step in dealing with the it illegal to buy prescriptions in bulk if thing, which frankly seems to me rath- issue of comprehensive reform of the somehow former Members were not al- er trivial. I am going to vote for it, I lobbying and ethics process to which lowed to come to the floor. think it is better than not. It is inter- my friend referred. All I am saying is, while I recognize esting it took the party of reform, I would like to for the record say the fact that this is one of the ideas what, 11 years to stumble across it. that. I thank my friend for yielding. that is out there, we really need to, and But what is important is what is not Mr. MEEHAN. Mr. Speaker, I look I am willing to sit down, I would love here. The gentleman misunderstands forward to working on bipartisan lob- to work with the majority on this, but the legislative process if he thinks that bying reform, but it is seems to me we need to have comprehensive reform. he satisfies it by saying, okay, we will pretty clear that we need real lobbying Mr. Speaker, I am worried that by take one piece of this and we will bring reform. There is no reason why, given taking little pieces here that sound it up and we will decide what is up and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 544 CONGRESSIONAL RECORD—HOUSE February 1, 2006 what is not, and we will open it up to mentioned, precisely they are going to a problem of a rogue lobbyist or a pack debate. be considered, not only under regular of them. Nor is it a matter of a handful It is the lack of debate that has been order by the appropriate committees, of disconnected, corrupt lawmakers a problem. It is also the case, of course, but the Speaker has asked that all of taking favors in return for official ac- that the corruption we are dealing with those committees act with great tions. goes very deep. And I have to say that promptness; in other words, that they ‘‘The problem starts not with lobby- the suggestion that the Republican report back within 4 to 6 weeks. ists but inside Congress. Over the past Party, the assertion, is a party of re- So we are offering what we are offer- 5 years, the rules and norms that gov- form simply does not square with the ing today, which is important, which I ern congressional deliberation, debate facts. am glad as my friend from Massachu- and voting have routinely been vio- Let us talk about some of the legisla- setts says he is going to vote for and I lated, especially in the House of Rep- tion. The problem frankly has not been will join with him in voting for. In ad- resentatives, in ways that mark a dra- former Members. When you came to dition, we are offering so much democ- matic break from custom.’’ prescription drugs and dealing with the racy that we are submitting to the reg- Lobbying reform alone is not going pharmaceutical industry in general, it ular order the consideration of all of to right this ship. We need a com- has been future former Members. these ideas that have been mentioned prehensive plan that gets to the root of b 1330 by the distinguished Member from the problem, the deterioration and mis- Massachusetts (Mr. MEEHAN) and oth- management of our institutions of gov- That is current Members who plan to ers. ernance, particularly this institution. be former Members in the arms of the So substantive ideas of importance, Congressional Democrats have of- industry that they were voting to regu- the first day we are back we have fered such a plan in the Honest Leader- late. brought forth to the floor, due to the ship and Open Government Act, intro- Frankly, Mr. Speaker, we have got a leadership and instruction of the duced today. Yesterday I joined my serious systemic problem of corruption Speaker, who has demanded that we colleagues Mr. OBEY, Mr. FRANK and that I am prepared at this point to cor- act immediately, and with regard to Mr. ALLEN, along with 127 other origi- rect myself. I am one of those who input ability, ability for discussion, for nal cosponsors, in introducing H. Res. talks about in Washington a vast right- thought, et cetera; in other words, 659, a 14-point plan that would address wing conspiracy. It now seems clear to plenty of democracy, we are also offer- many of the abuses of power that we me that we instead have had a vast ing that, Mr. Speaker, with regard to have witnessed in recent years. Among right-wing kleptocracy, and putting all of these other important ideas many other things, our plan would re- people out of the gym is not a begin- which our friends on the other side of form the earmarking process, end pro- ning of dealing seriously with that the aisle have mentioned. They have tracted rollcalls, require House-Senate problem. mentioned some of them. conference committees to actually Mr. DREIER. Mr. Speaker, I am very So in summary, Mr. Speaker, this is meet and vote, and ensure Members happy to yield 4 minutes to the gen- an important piece of legislation that I that they have time to read and under- tleman from Florida (Mr. LINCOLN am glad we are bringing forth today. It stand what they are voting on. DIAZ-BALART), the distinguished vice shows the seriousness of the Speaker of I will gladly support the first step chairman of the Committee on Rules, the House, of the chairman of the that we are taking today, but unless we my friend from Miami. Rules Committee, of the Committee of enact meaningful and comprehensive Mr. LINCOLN DIAZ-BALART of Rules generally and the leadership to reforms of the way this Chamber con- Florida. Mr. Speaker, I thank the dis- consider this important issue. So I am ducts its business, Jack Abramoff will tinguished chairman for the time. I glad we are considering it the first day be the least of our concerns. was walking by here and then stumbled we are back. Ms. SLAUGHTER. Mr. Speaker, may here on this interesting debate. Mr. DREIER. Mr. Speaker, may I in- I inquire if my colleague has more I think our friends have to decide quire of the Chair how much time is re- speakers. which of two arguments that have been maining on both sides? Mr. DREIER. I do not have any more propounded is really the argument The SPEAKER pro tempore (Mr. speakers on this side. We are expecting they have to come down upon in sup- LAHOOD). The gentleman from Cali- no requests. port of. fornia (Mr. DREIER) has 6 minutes re- Ms. SLAUGHTER. Mr. Speaker, I One is, we have heard, that we offer maining. The gentlewoman from New yield 5 minutes to the gentleman from lack of democracy. We just heard that. York (Ms. SLAUGHTER) has 12 minutes Arkansas (Mr. SNYDER). I guess that means insufficient input, remaining. Mr. DREIER. Mr. Speaker, I yield 30 ability for Members, et cetera. Another Mr. DREIER. Mr. Speaker, I reserve seconds to the gentleman from Arkan- debate we just heard is that the legisla- the balance of my time. sas (Mr. SNYDER). tion that we brought forth should do Ms. SLAUGHTER. Mr. Speaker, I am Mr. SNYDER. Mr. Speaker, I thank more. pleased to yield 21⁄2 minutes to the gen- the gentlewoman from New York (Ms. We have presented this resolution the tleman from North Carolina (Mr. SLAUGHTER) for the time. I thank the first day that we are back to do what PRICE). gentleman from California (Mr. we are able to do on the first day we Mr. PRICE of North Carolina. Mr. DREIER) for his courtesy yesterday in are back, having done it through reg- Speaker, I first want to commend my letting me testify before his committee ular order. In other words, the Rules colleague from California, Mr. DREIER, and then this discussion today. Committee had a hearing on this reso- for introducing what he rightly says is Unfortunately, this has been a rushed lution and brought it forth yesterday a first step toward reining in the cul- process. Our first day back in the new for the consideration of the floor ture of abuse and corruption that has session and we start out with a bill today. been laid bare by the various scandals being presented without amendment, With regard to the other aspects that currently surrounding this institution. with very little understanding of it. As have been mentioned here, it is pre- I know that broader lobbying reform the gentleman from California (Mr. cisely because of our offer of full de- is on the way, but I want to suggest DREIER) pointed out, it already is mocracy, regular order, the committee that lobbying abuses are only part of a against the rules of lobbying that we process that the Speaker has in- more comprehensive problem that is have been hearing about on the House structed that this legislation go going to require a more comprehensive floor, as he indicated in his floor com- through, the ethics reform go through, solution. ments just a short time ago, is already that it is not before us in its comple- Congressional scholars Norman against the rules. The problem on the tion today. In other words, with regard Ornstein and Tom Mann put it this way House floor is enforcement, and so any to all these other ideas that have been in a recent article: ‘‘This is not simply changes we are making about lobbying

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 545 on the House floor is essentially just a single one of those items that my Mr. DREIER. Mr. Speaker, if the gen- repeat of what is already the rule. friend from Arkansas has mentioned, tleman would further yield, I am just Mr. DREIER. Mr. Speaker, will the Mr. Speaker, we are more than willing reading from the committee report gentleman yield? to look at and consider as we work on here, Mr. Speaker, and it is very spe- Mr. SNYDER. I yield to the gen- this issue of comprehensive reform. I cific in saying that you referred to tleman from California. thank my friend for yielding. ‘‘educational functions from the re- Mr. DREIER. Mr. Speaker, I will just Mr. SNYDER. Mr. Speaker, based on strictions of this clause, such as a joint clarify again. If former Members of that comment, I am going to vote for meeting to receive a message from a Congress, who are registered lobbyists, the gentleman’s bill today. I am very foreign head of state,’’ and last night being paid to represent interests, are disappointed if we come to the end of the State of the Union message would not allowed to even enter the Chamber this year and I do not have an oppor- have obviously been an exemption; ‘‘a when we are doing our work here on tunity to present these ideas on the tour when the House is not in session’’ the House floor, it is very clear there floor of the House for debate. when no Members of Congress are on will not be a problem. I thank my I have an alternative I filed yester- the House floor. I suppose they could friend for yielding. day, and I encourage Members to take be conceivably when the House is not Mr. SNYDER. Mr. Speaker, as you a look at, H. Res. 663, and it says if you in session but I do not know when they pointed out, you indicated, under the register as a former Member to be a have ever been. Or for Former Mem- current rules the activities you have registered lobbyist, you do not get the ber’s Day, when there is a conclave of heard about are already not allowed former Members’ privileges. Once you former Members of the House and Sen- under our current rules. no longer are a registered lobbyist you Mr. DREIER. Right, but the best way ate who come here to the House floor get them back. It seems to be very, to enforce this, of course, is just to en- for the former Members’ meeting. very clear, and we do not have to get sure that those who are paid lobbyists So we are very specific and I thank into this mumbo-jumbo about the gym do not even get to come on to the my friend for yielding. versus not the gym and all those kinds House floor. Mr. SNYDER. Mr. Speaker, reclaim- Mr. SNYDER. Well, that is what the of things. ing my time, the language of the bill There is also a section of the bill current rule is. It is not just about lob- says educational functions. There are being proposed today that I think may bying on the floor. It is privilege. This already exemptions for ceremonial be a weakening of current law. Under is the current rule, the privilege of ad- events, but you are still going to have current law, this is what it says cur- mission to the hall of the House. That to explain to me when we have a vote rently: The Speaker shall promulgate is the current rule. on whatever regulation the Speaker Let me continue with my comments. such regulations as may be necessary comes out on this, and why Billy Tau- To me I agree with the gentleman to implement this rule and to ensure zin, coming over here during the heat from Massachusetts’ (Mr. MEEHAN) its enforcement. That language is of a close vote on Medicare, would not comment. This is probably not the being changed under the proposal by be able to have scheduled for him in greatest place to start but it is a place Mr. DREIER, and it says, ‘‘The Speaker the cloakroom an educational function to start, but our goal ought to be this. may promulgate regulations that ex- to educate undecided Members at 2 Our goal ought to be for Joe Q. Arkan- empt ceremonial or educational func- a.m. on what a bill means, not to sas back home, that wants to come to tions from the restrictions of this lobby. the Nation’s capital and lobby, how can clause.’’ So I think that is one of the things he be treated fairly and equally along- First of all, we will not have the op- that people have not talked about, are side everyone else. We have a situation portunity, I do not believe, to vote on not aware it is in the bill. I am going now where former Members, who are whatever regulation the Speaker puts to support this bill, but I think this is well sought after when they leave this out. Educational function can be all a very, very poor way, in a rushed man- body or the Senate to be lobbyists, kinds of things in this body. For exam- ner, in a nontransparent manner to they have privileges that Joe Q. and ple, my fear is that it could be inter- begin this discussion of reform of this Jane Q. Arkansas do not have. preted to be, during the heat of a close body. What are some of those? First of all, vote on a Medicare prescription drug Mr. DREIER. Mr. Speaker, let me when they pull their car into one of the bill, that very well respected former yield myself such time as I may con- House parking lots, they show their Member Billy Tauzin could be brought sume to respond to the gentleman by former Member’s ID, they are waved over here to meet with 12 undecided simply saying we all know what it is right in. They get a parking place. Members, not to lobby, but to educate that we are trying to do here, and I be- They do not have to stand in the secu- these undecided Members on what this lieve that we are in a position where rity lines. They can just walk. They bill means. Somebody is going to have we will address those things. are bypassed on around. They can roam to explain to me, it is very clear from The prospect of the kind of gathering all through the halls of the Capitol or the way of the language of this bill is taking place in the cloakroom, which any of the office buildings in the House written, that the intent is that former my friend just outlined, is obviously or the Senate side. They have access to Members who are registered lobbyists outrageous, and I will say that I am de- the Members’ dining room where only who have a personal or pecuniary in- termined to make sure that it does not Members, and I have been lobbied at terest or are lobbying on behalf of happen. I will say that, again, all of the the Members’ dining room. They have whatever is on the floor of the House issues that my friend has brought for- access to memorial services. I have would be allowed, under the Speaker’s ward we look forward to addressing in been actually lobbied at the memorial exemption to come and perform an edu- comprehensive legislation. service for a former Member that had cational function in one of these rooms Mr. Speaker, I reserve the balance of passed away. They can roam the halls back here. my time. I do not think that Joe Q. Arkansas at all hours, day or night. They can go b 1345 to the rooms behind the committees is going to have that opportunity. Jane that Joe Q. Arkansas cannot do. Q. Arkansas is not going to have that Ms. SLAUGHTER. Mr. Speaker, I So our goal ought to be to provide opportunity. That is the problem when yield 2 minutes to the gentleman from equality with people from back home. we pick on one little portion about Washington (Mr. MCDERMOTT). Mr. DREIER. Mr. Speaker, will the this. We do not have hearings, we do Mr. MCDERMOTT. Mr. Speaker, this gentleman yield? not have discussion, we do not get peo- bill is the fox adjusting the lock on the Mr. SNYDER. I yield to the gen- ple like Thomas Mann and Norm hen house door. I intend to submit for tleman from California. Ornstein and the Heritage Foundation the record before the end of the day an Mr. DREIER. Mr. Speaker, just a to really thrash this stuff through and article from 1995 when the then Speak- quick comment. I will say that every have the Members thrash it through. er of the House set up the K Street

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 546 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Project. K stands for kleptomania or quell the legend, DeLay leaned back in his ship in fighting federal workplace safety reg- kleptocracy. I’m not sure exactly what chair and said, ‘‘No, let it get bigger.’’ ulations, also made a decisive partisan trans- the K stands for, but this project was Inside the House Republican leadership, formation, its contributions going from 53 set up in 1995; and what is going on the former pest exterminator from Houston percent Democratic to 71 percent Republican is the enforcer. His mission is to ensure that in one year. today is an absolutely predictable re- money flows along the same stream as pol- The once-threadbare NRCC raised a record sult of what was done in 1995 when the icy, that the probusiness deregulatory agen- $18.7 million from January through June, lobbyists were told, Don’t hire any da of the House Republicans receives the un- four times as much as its Democratic coun- Democrats. You only hire Republicans. divided financial support of the corporate in- terpart. Its two elite organizations, which You only give to Republicans. You terests that benefit from it. His motto is an offer private sessions with House leaders at don’t give to Democrats. unabashedly blunt interpretation of the dic- the Capitol Hill Club, are suddenly fat and For us to come out here today and tums of Speaker Newt Gingrich: ‘‘If you happy: 225 corporations and political action put a bill up here as though it were want to play in our revolution, you have to committees have joined the House Council at live by our rules.’’ $5,000 apiece, and 150 are enrolled in the Con- going to do anything, when it is pro- The role of money in the revolution has gressional Forum for $15,000 to $20,000 each. posed by the people who put the K been obscured by the titanic clash with Rep. Bill Paxon of New York, the NRCC’s Street Project together in the first President Clinton and the Democrats over chairman, estimates that he has met pri- place, is absolutely unbelievable. This balanced budgets and the reshaping of the vately with ‘‘200 to 300’’ chief executive offi- House is in a delusional state that any- federal government, but it is part of that cers of Fortune 500 companies to make his thing is changing on behalf of the peo- larger struggle. Money is at the center of pitch. ple. Gingrich’s transformation of the House. ‘‘If you believe in the revolution and The fact is that this is what you get With the new alignment of ideological allies what’s happening, then it’s time to follow when you have a K Street Project in in the business and political worlds, there common sense,’’ Paxon tells them. ‘‘Why do are unparalleled opportunities for both the you support the enemy? Why do you give place. And they are not fixing it this people who give the money and the people money to people who are out there conway, and they want to wrap us all who receive it. sciously every day trying to undermine around it and say, well, you’ll help us It is such an obvious quid pro quo that it what’s good for you?’’ He often leaves, Paxon fix it this way by keeping some old goes almost unnoticed. From House Repub- says, with a financial pledge. Member out of the gym from playing licans come measures that gratify industry: Another $20 million, double the Demo- basketball with me. Come on, they weakening environmental standards, loos- cratic number, has come to the party in un- have all got my phone number. They ening workplace safety rules, limiting the restricted contributions known as soft have got everybody’s phone number in legal liability of corporations, defunding money, used for party rebuilding efforts, nonprofit groups that present an opposing voter drives and policy initiatives. Leading this whole building. And for you to view. From the beneficiaries of that legisla- the way in the soft money realm this year think that this silly little piece of leg- tion come millions of dollars in campaign have been tobacco companies that, con- islation is going to do one thing about contributions. cerned about regulation by the Food and cleaning up this town is simply non- ‘‘The Republicans have a wonderful situa- Drug Administration, gave a record $1.5 mil- sense. tion,’’ said one trade association president, a lion to the Republicans during the first six We ought to be talking about public longtime Democrat. ‘‘They don’t have to months, tenfold what they gave two years funding of elections. Then we would be prostitute themselves. They are ideologi- ago. talking about reform. But you are not cally in sync’’ with the corporate PACs. Gingrich, DeLay, Majority Leader Dick ‘‘Every politician dreams of being able to Armey of Texas and Republican Conference going to reform it by keeping a couple meet your conscience and raise money at the Chairman John Boehner of Ohio all have es- of guys off the floor or a couple of guys same time.’’ tablished separate PACs this year with goals out of the gym or whatever. That is Yet money is also the source of increasing of raising millions of dollars more. Ging- simply not going to work, and it is tension among House Republicans that could rich’s new PAC, dubbed ‘‘Monday Morning’’ foolish. Everyone should vote ‘‘no’’ on ultimately weaken them, if not tear them in honor of a refrain from his swearing-in this rule. apart. The conflict, in essence, is between speech, has already raised more than [From the Washington Post, Nov. 27, 1995] ideology and populist reform. One wing $330,000, with pledges of an additional $60,000 wants to collect as much corporate money as since its inception a few months ago. SPEAKER AND HIS DIRECTORS MAKE THE CASH possible to sustain and expand the revolu- Advised by kitchen cabinets of industry FLOW RIGHT tion. Another wing fears that this will dis- lobbyists, these leadership fund-raising oper- (By David Maraniss and Michael Weisskopf) illusion voters who brought the Republicans ations will distribute money to Republican In the annals of the House Republican rev- to power to change the traditional ways of congressional candidates, strengthening the olution, a pivotal moment came last April doing business in Washington. Gingrich bond between the revolution and industry when an unsuspecting corporate lobbyist en- stands in the middle aware, people around while reinforcing the loyalty of House col- tered the inner chamber of Majority Whip him say, that his tenure could depend in part leagues to Gingrich and his lieutenants. Tom DeLay, whose aggressive style has on his ability to resolve the conflict. The freshman class, 73 Republican new- earned him the nickname ‘‘the Hammer.’’ Gingrich, DeLay and their comrades have comers who consider themselves the van- The Texas congressman was standing at his set in motion a historic shift in campaign guard of the revolution, has proved as ambi- desk that afternoon, examining a document giving. As recently as 1993 the National Re- tious in the fund-raising realm as elsewhere. that listed the amounts and percentages of publican Congressional Committee, the main They have bumped up the average price of a money that the 400 largest political action vehicle for fundraising for House GOP can- fund-raising ticket fourfold from the pre- committees had contributed to Republicans didates, was millions of dollars in debt. But vious term to $1,000, hired professional con- and Democrats over the last two years. by soliciting contributions from the cor- sultants to run their events and solicit con- Those who gave heavily to the GOP were la- porate world through a combination of te- tributions, and formed steering committees beled ‘‘Friendly,’’ the others ‘‘Unfriendly.’’ nacity, cheerleading and intimidation— of lobbyists to advise them. Almost all have ‘‘See, you’re in the book,’’ DeLay said to ‘‘playing offense’’ all the time, as DeLay de- liquidated their campaign debts in the first his visitor, leafing through the list. At first scribes it—the revolution has established a 10 months of their first term, and more than the lobbyist was not sure where his group formidable money machine. The turnaround half belong to the NRCC’s $100,000 Club, hav- stood, but DeLay helped clear up his confu- has been dramatic. House Republicans re- ing at least that much cash ready for next sion. By the time the lobbyist left the conceived 58 percent of the money from the top year. The average Republican freshman gressman’s office, he knew that to be a 400 PACs during the first six months this raised $123,000 in the first six months, nearly friend of the Republican leadership his group year and their numbers are rising every double the amount of their Democratic col- would have to give the party a lot more month. Last year two of every three PAC leagues. money. dollars went to the ruling Democrats. The Even reform-minded freshmen who oppose It didn’t take long for the word to spread trend is evident in all industries, including PACs have pursued them aggressively. Sam around town about the Hammer and his those with traditional Democratic ties. Brownback of Kansas solicited Washington book. By some accounts—apocryphal as it The Transportation Political Education lobbyists to contribute to a fund-raising turns out—DeLay even made lobbyists turn League, for example, gave only 3 percent to event for him soon after he had returned to their contribution totals and initial them, the Republicans last year but 42 percent this from Ross Perot’s United We Stand conven- like a report card. Such stories actually year. The No. 1 corporate contributor to the tion in August. There he had given a speech make DeLay’s job easier. When an aide once GOP in 1995, United Parcel Service, which denouncing the Washington lobbying scene asked whether efforts should be made to worked closely with DeLay and the leader- as ‘‘a domestication process where you bring

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 547 in new, fresh legislators and then you start wanted to get in to see him, DeLay added, ing cause of Tate’s Democratic opponent in to try to tame them and assist them with ‘‘you need to hire a Republican.’’ The hard- 1994, Mike Kreidler. gifts and meals and trips almost like you core liberal lobbyist was soon transferred to While he was ‘‘surprised to see you opposed would a horse with a sugar cube.’’ Several London. Randy Tate,’’ DeLay wrote, ‘‘you now have lobbyists who received Brownback’s fund- One drug company hired a Democrat to the opportunity to work toward a positive raising invitation angrily turned him down. head its office, but after he was unmasked at future relationship.’’ The note got more de- A few days after the House Republicans a DeLay fund-raiser, he called the whip’s of- manding—‘‘your immediate support for took power last January, DeLay turned to fice the next day to plead that his firm not Randy Tate is personally important to me one of his most trusted allies in the lobbying be scorned by the House Republicans. His po- and the House Republican leadership community, David Rehr of the National Beer sition was only temporary, he said, and he team’’—before closing with an offer of re- Wholesalers Association, and said, ‘‘I want would soon be replaced by someone more demption: ‘‘I hope I can count on you being you to do something with the freshmen just aligned with the revolution. on the winning team. ‘‘ to get them on the right course.’’ Rehr was ‘‘There are just a lot of people down on K The aftermath of that letter captures a member of a small group of Washington Street who gained their prominence by being DeLay’s unapologetic mode of operation. A lobbyists who had remained loyal to the Re- Democrat and supporting the Democrat reporter received a copy of it and called publicans throughout the long period of cause, and they can’t regain their promi- DeLay’s PAC director, Karl Gallant. Gallant Democratic control. His informal duties now nence unless they get us out of here,’’ said asked the reporter how he obtained the let- included serving as a PAC adviser to both DeLay. ‘‘We’re just following the old adage ter. When he was told it came from a lob- DeLay and the NRCC. of punish your enemies and reward your byist, Gallant responded, ‘‘That tells me it’s Rehr set up a seminar at NRCC head- friends. We don’t like to deal with people effective. They want you to write a negative quarters entitled ‘‘Seven Steps in Liqui- who are trying to kill the revolution. We story so we’ll back off. You just made my dating Your Debt and Building for the Fu- know who they are. The word is out.’’ day.’’ ture,’’ and more than a quarter of the fresh- At times, Republican leaders have had to DeLay agreed, distributing the article to man class attended. Rehr instructed them to choose between friends, and money may have his colleagues. ‘‘It had great impact,’’ DeLay set up steering committees of PAC sup- been a factor. When the Commerce Com- said later. ‘‘It raised him (Tate) a bunch of porters to be their ‘‘eyes and ears’’ in the mittee voted on a sweeping telecommuni- money. We know who we sent the letters to Washington community. He suggested that cations deregulation bill in May, for exam- and who we got checks from.’’ they contact the NRCC and House comple, its legislation appeared to favor AT&T One other result: Kreidler recently decided mittee chairmen for a list of PACs relevant and other long-distance firms over the re- not to challenge Tate in 1996, citing as one to their committee assignments. gional Bell companies. A last-minute amend- factor his difficulty in raising PAC money. Make contacts personally, Rehr, whose ment by Chairman Thomas Bliley would For Gingrich, learning the value of fund- own PAC contributed $144,492 to the House have complicated entry of the seven regional raising has been a gradual process. Staffers Republicans in the first six months this Bells into the long-distance market. AT&T at the NRCC in the 1970s and early 1980s year, advised the freshmen. If a PAC opposed has a plant in Bliley’s Richmond district and would roll their eyes when the small-college them during the campaign, they should not a new PAC profile: reversing a past pref- history professor with mutton-chop side- take it personally. Those PACs, he said, erence for Democrats, it has given 58 percent burns strolled through the door, knowing should now be considered ‘‘additional pros- to GOP lawmakers this year. they were in for a long day of lectures on the pects.’’ But the baby Bells, with combined PAC do- Ming dynasty and a barrage of expensive Rehr is among a new breed of Capitol Hill nations double those of AT&T and with in- ideas for promoting his conservative oppor- operators on the rise, fortyish, ideological fluential lobbyists such as Mattoon, appealed tunity society. ‘‘In those early days Newt and fervently committed to the House revo- the decision. Help came from Paxon and dep- was very naive about money,’’ said Steve lution and its two primary bankers, DeLay uty whip Denny Hastert of Illinois, both Stockmeyer, then the executive director of and Paxon. The lobbyists span the corporate Commerce Committee members who had the NRCC. ‘‘He was always coming up with world, commanding networks of business al- voted for the Bliley provision as part of the ideas on how to spend it, not raise it.’’ lies along with large PACs of their own orga- May bill. But after hearing from Bell lobby- But despite his early naivete about the nizations. Dan Mattoon of BellSouth, an- ists, they argued for change at a Speaker’s ways of money, Gingrich, more than DeLay other lecturer at the NRCC seminar, is the Advisory Group meeting in early July, con- or any other figure, was most responsible for leadership’s main link to local telephone tending that the Bells would be prevented turning the revolution into a money ma- companies. Bob Rusbuldt, a top insurance from competing, a participant said. Gingrich chine. lobbyist, taps the financial resources of the directed Bliley to ‘‘rescrub’’ the bill, and by Two years ago the financial situation for related fields of mortgage banking and real mid-July the Bliley provision was deleted. the Republicans seemed bleak. They were estate. Jim Boland of Philip Morris draws Two weeks before the new bill passed the ‘‘walking in the valley of the shadow of from the tobacco industry and its food sub- House, Pacific Telesis Group’s chief execu- death,’’ as Paxon, installed by Gingrich as sidiaries. Freelance lobbyists such as former tive hosted a fund-raiser for Gingrich at his chairman of the NRCC, put it. Bush White House aide Gary Andres bring San Francisco home, raising $20,000. They were the minority party in the House lists of diverse clients and the ability to pen- Paxon said he was guided by his ‘‘driving and Senate and without the White House. etrate new fund-raising channels. passion’’ for deregulation, not fund-raising Their fund-raising relied largely on a direct- The Republican takeover has been a time calculations, in siding with the Bells. ‘‘I mail list that had become utterly obsolete. for ‘‘cashing in,’’ as a PAC director close to haven’t sat down with a legislative cal- Of the more than 1 million names on it, only Gingrich put it, and also a time for ‘‘getting endar,’’ he said, ‘‘and said this is the time to one in 10 had given to the party in recent right.’’ Lobbyists whose PACs or clients once go after this industry group.’’ years. Many were in nursing homes or dead. gave heavily to Democrats have been eager But some fund-raising efforts have been But by April 1994 Gingrich had become con- to show they found religion, leading to such less than subtle. Ways and Means Committee vinced that the Republicans would seize con- scenes as the one late one recent night at Chairman Bill Archer lectured corporate trol of the House that year. He went over to one of the steak and cigar restaurants fash- leaders not to give to Democrats. In an Oct. the NRCC and wrote personal appeals for ionable along Pennsylvania Avenue. 23 letter, signed by the Oklahoma GOP dele- funds claiming that the Republicans would ‘‘Man,’’ said a lobbyist approaching a GOP gation, corporate lobbyists were told that soon be in the majority. leadership aide and pleading to be restored they were expected to support freshman Tom ‘‘Gingrich was for my purposes the whole to good graces, ‘‘just want to tell you, we’ve Coburn in his tough reelection race. ballgame when we wanted to raise money,’’ given like 70 percent to you guys now.’’ ‘‘As you are courted by others to get in- said Grace Wiegers, then director of fund- DeLay, for his part, has launched what has volved in this race, we want to make our po- raising for the NRCC and now the head of come to be known as the ‘‘K Street Strat- sition clear,’’ the letter read. ‘‘We strongly Gingrich’s leadership PAC, Monday Morning. egy,’’ named for the downtown Washington support our good friend and colleague, Tom In August and September he met individ- avenue lined with lobbying headquarters, Coburn, and we will be unified as we work on ually with more than 150 Republican mem- law firms and trade associations. The strat- his behalf. We trust you will join us in our bers, assigning fund-raising tasks and goals egy is to pressure those firms to remove effort and certainly not oppose us.’’ to each. Incumbents from safe seats were Democrats from top jobs and replace them That letter was mild compared with a asked to raise $50,000 for Republican chal- with Republicans. similar dispatch earlier in the year from lengers or vulnerable colleagues. Ranking Headhunters now call DeLay’s office in DeLay, a no-nonsense missive that helped es- minority members of House committees search of recommendations. When one cor- tablish his reputation as ‘‘the Hammer.’’ made pledges to Gingrich to raise even larger poration lobbyist sought a meeting with the Days before freshman Randy Tate of Wash- amounts traveling for other candidates on whip, DeLay telephoned the firm’s CEO and ington state was to hold a fund-raiser in the road. complained that his agent in Washington Washington, DeLay sent out a letter listing When the revolution arrived, Gingrich had was ‘‘a hard-core libera1.’’ If the company the exact sum each PAC had given to the los- a system already in place for maintaining

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 548 CONGRESSIONAL RECORD—HOUSE February 1, 2006 and expanding the money operation. DeLay The real fight, Gingrich told his aides, was cluded, was that campaigns are too expen- would be his hammer. Paxon would serve as not over money but information and how it sive. He believed that most of the criticism cheerleader. Majority Leader Armey would is disseminated. Money was one weapon in of the campaign system came from ‘‘nonsen- position himself as ideological arbiter, at- that struggle and important to the move- sical socialist analysis based on hatred of the tacking corporations for funding nonprofit ment as a way to counter the American mass free enterprise system.’’ agencies that opposed the revolution. Con- media, which the speaker considered largely Smith was sitting one row behind Gingrich ference Chairman Boehner would nourish hostile to the revolution. and off to his right when he delivered those business coalitions, bringing them in for reg- Gingrich said as little as possible about the conclusions at the hearing. She wanted to ular Thursday sessions to plan how the cor- issue after the handshake, promising that at watch his eyes and his facial expressions as porate world could advance conservative pol- some point he would deliver a white paper on a means of gauging his earnestness, she said, icy. Committee chairmen Bliley of Com- the subject. As months went by, the reform- but as he continued to attack the reformers, merce, Archer of Ways and Means and Bud ers grew increasingly agitated. At Shays’s including some of the groups she had been Shuster of Transportation would cultivate request, Gingrich met with the reformers in working with, she became increasingly dis- industries in their turfs. his office late on the afternoon of Sept. 29 traught. The lines between elected revolutionaries just before the Columbus Day break. While ‘‘His anger at the media drove what he and their business cohorts occasionally Shays hoped to discuss another reform issue said,’’ she concluded. She retreated to her of- blurred. Lobbyists helped DeLay write his involving a gift ban, the meeting devolved fice, where she reached a final decision on regulatory moratorium bill. Shuster raised into a tense confrontation over campaign fi- Gingrich’s earlier ultimatum to her. She money for the revolution with the assistance nance reform between Gingrich and Smith, would work from the outside. Gingrich’s lieutenants expressed satisfac- of his former political aide, Ann Eppard, a who had just planted a story with conserv- tion with his speech. If reform is inevitable, lobbyist whose clients included Amtrak, ative columnist Robert Novak in which she they say, it will not involve the elimination Conrail, Federal Express and the Pennsyl- said that the leadership was not telling the of PACs and it will not diminish the role of vania Turnpike Authority, all of whom had truth about their intentions on reform. money in the revolution. DeLay said he issues pending before Shuster’s committee. ‘‘He got so mad. He kicked the staff out would work the system until PACs gave an Eppard maintains a close relationship with and yelled at them, he was so unhappy,’’ appropriate amount to the Republicans. her old boss. At the same time that she was Smith recalled. The session was ‘‘testy and ‘‘Ninety percent would be about right,’’ he soliciting money from industry for the ‘‘Bud pointed,’’ according to Brownback. Gingrich declared. DeLay has a running competition Shuster Portrait Committee’’ which com- was overwhelmed by other concerns that with Gingrich over who can raise more missioned a painting of the chairman in his day, including Medicare and Bosnia. He was money. There are scores of revolutionaries committee room, she was also sending out late for a meeting at the White House, and doing the same thing, but he is not worried fundraising letters for Republican can- freshman Smith kept jabbing at him. that they might trip over each other. didates. One to industry colleagues on behalf Noting that Smith was working with Com- ‘‘It’s a big country,’’ said the Hammer. of a Virginia candidate ended with the bold- mon Cause and United We Stand in pushing PARLIAMENTARY INQUIRY faced assertion: ‘‘This dinner is of personal campaign reform, Gingrich told her that she importance to Chairman Shuster.’’ had to decide whether she wanted to be an Mr. SNYDER. Mr. Speaker, under the Given the place Gingrich assigned to fund- outsider or work with the House leadership. rules of the House, this is a proposal to raising, his handshake agreement with Presi- ‘‘Whatever you decide is okay with me,’’ he change the rules, when a provision says dent Clinton in June to form a bipartisan said. ‘‘We just have to know.’’ the Speaker may promulgate regula- commission on campaign finance reform Smith wanted to know why Gingrich need- tions, under the rules of the House, will took his allies by surprise. More than any ed a time-consuming commission, why he there or will there not be a vote of ap- other act, it revealed the tensions within his could not just support legislation elimi- proval of those promulgated regula- revolution. nating PACs, as he had when he was in the tions by the Speaker on the definition At the next meeting of the House leader- minority. She told the speaker that he tried of educational functions? ship, the tone, said one participant, was, to carry too much of the burden himself and The SPEAKER pro tempore (Mr. ‘‘Why the hell did you go and do that?’’ that he should let others take the load on Armey, responsible for scheduling the rev- this issue. LAHOOD). The Chair will read this. olution’s legislative agenda, worried about Then, according to Smith’s recollection of Mr. SNYDER. You’re a great reader, how he would be able to fit the issue into an the scene, corroborated by others in the Mr. Speaker. already packed calendar. DeLay, and to a room, ‘‘Newt looked at me and said, Nobody The SPEAKER pro tempore. The de- lesser degree Paxon, questioned whether the can do it but me! I have the most experience. gree to which the pending proposal timing was right and whether the Repub- I’m the only one who can do this. I’ll just changes the status quo is a matter for licans should cede anything to Clinton and have to take some time this week and write the House to debate. It is not the func- the Democrats now that the revolution’s a paper on it.’ ‘‘ tion of the Chair to interpret a legisla- money machine was operating so effectively. Shortly after that meeting the leadership tive proposal while it is under debate. Gingrich’s response was that the handshake announced that the Oversight Committee Mr. SNYDER. I am sorry, when the ‘‘buys us time.’’ He needed to think the issue would hold hearings on campaign finance re- Speaker promulgates regulations, re- through, he said. form starting Nov. 2 and that Gingrich would Another wing of Gingrich’s House, rep- be the first to testify. One aide took memos gardless of a minor change or a major resented by populist freshmen Brownback from a group of informal advisers, including change, my inquiry is: Does that or and Linda Smith of Washington, along with Stockmeyer, the former NRCC director who does that not require a vote of the veteran moderate Christopher Shays of Con- now ran the National Association of Busi- body? necticut, was pushing Gingrich from the ness PACs. PACs were invented as a reform The SPEAKER pro tempore. I will other side. If the Republicans did not clean in the 1970s, he noted, and another round of stand by what I said. The terms of the up Washington and prove that they were not reforms doing away with them would prob- resolution must speak for themselves. continuing business as usual, they said, the ably create a system that was worse. Mr. SNYDER. I will stand with you, revolution would collapse from a fatal flaw Sen. Mitch McConnell of Kentucky sent a Mr. Speaker. Thank you. of political hubris. If reform did not happen letter over to the House noting that the Re- Ms. SLAUGHTER. Mr. Speaker, I on the Republican watch, said Shays, it publicans had killed campaign finance re- yield back the balance of my time. would become ‘‘our Achilles’’ heel’’ While form before the 1994 elections—‘‘proof posi- Mr. DREIER. Mr. Speaker, I yield Shays and Brownback took Gingrich’s hand- tive that this issue is not a hindrance to us shake with Clinton as a sign that he sup- at the polls.’’ In a handwritten P.S., McCon- myself the balance of my time. ported reform, Smith was skeptical. She said nell added: ‘‘We’d be foolish to throwaway Mr. Speaker, I want to close this de- she thought he was just stalling. our ability to compete.’’ bate by saying again that we do have a Gingrich found himself in a familiar posi- Another Gingrich aide began piecing to- problem that exists, and we are com- tion: on both sides of a debate and looking gether his speech. He plunged into a long as- mitted to bringing about major institu- for another way entirely. He understood the signed reading list and followed up on the tional reform. Increasing the level of call for reform and had a lingering resent- speaker’s request to compare the amount of transparency and disclosure is a high ment toward PACs for funding the Demo- money spent in political campaigns with priority. We have seen guilty pleas crats when they controlled Congress. But he what is spent in advertising products. Com- from lobbyists who have done things also, he and his aides say, felt equally panies spent $100 million selling two stomach strongly that the revolutionaries should not acid pills recently, he discovered, one-sixth that are absolutely reprehensible, and unilaterally disarm themselves while they of the total amount spent on all congres- we want to do everything that we can, were engaged in a more profound struggle of sional campaigns last year. One of the great in a bipartisan way, to ensure that what he called the ‘‘Information Age.’’ myths of American politics, Gingrich con- those things never happen again.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 549 Every American has the right to pe- Limits gifts and travel: Bans gifts, including a measure banning from the House gym tition their government. Every single meals, tickets, entertainment and travel, from former members of Congress who are now American has the right to petition lobbyists and non-governmental organizations lobbyists. This bill is being rushed to the floor their government. We do not believe that retain or employ lobbyists, prohibits lobby- in order to assure the American people that that anyone should have an unfair ad- ists from funding, arranging, planning or par- Congress is ‘‘cracking down’’ on lobbying vantage over any other American when ticipating in congressional travel. practices in response to recent scandals. it comes to that. That is why what we Regulates Member travel on private jets: This measure does nothing to address the are doing here today is the right thing Requires Members to pay full charter costs root cause of the scandals—the ever-growing to do. Former Members of Congress when using corporate jets for official travel and size and power of the Federal Government. who are registered lobbyists should not to disclose relevant information in the CON- As long the Federal Government continues to be on the House floor when the House GRESSIONAL RECORD, including the owner or regulate, tax, and subsidize the American peo- of Representatives is doing its busi- lessee of the aircraft and the other passengers ple, there will be attempts to influence those ness. on the flight. who write the laws and regulations under Today, we begin the work of the Sec- Shuts down the K Street Project: Makes it a which the people must live. Human nature ond Session of the 109th Congress, and criminal offense and a violation of the House being what it is, there will also be those lobby- it is very apparent that we will be able Rules for Members to take or withhold official ists and policymakers who will manipulate the to enjoy strong bipartisan support for action, or threaten to do so, with the intent to power of the regulatory state to enrich them- this first step on the road to reform. influence private employment decisions. selves. As I have said before, and I fear I will There are many other things that need Slows the revolving door: Prohibits former have plenty of opportunity to say again, the to be addressed. The Speaker of the Members, executive branch officials and sen- only way to get special interest money and in- House has been working on this. I have ior staff from lobbying their former colleagues fluence out of politics is to get the money and been working with him on this issue, for 2 years; eliminates floor and gym privileges power out of Washington. Instead of passing and he is committed to getting input for former Members and officers who are lob- new regulations and laws regulating the peo- from Members on both sides of the byists; and requires Members and senior staff ple’s right to petition their government, my col- aisle and to work in a bicameral way to disclose outside job negotiations. leagues should refuse to vote for any legisla- with our colleagues who serve in the Ends the practice of adding special interest tion that violates the constitutional limits on other body. provisions in the dead of the night: Prohibits Federal power or enriches a special interest at I have had countless meetings with consideration of conference reports and other the expense of American taxpayers. Returning Democrats and Republicans. I have legislation not available in printed form and on to constitutional government is the only way to been listening to proposals, and I be- the Internet for at least 24 hours; requires full ensure that our republican institutions will not lieve that we are going to have an op- and open debate in conference and a vote by be corrupted by powerful interests seeking portunity to address those understand- the conferees on the final version of the legis- special privileges. able concerns so that the American lation; prohibits consideration of a conference Mr. DREIER. Mr. Speaker, I yield people will once again be able to hold report that contains matters different from back the balance of my time. this institution in high regard. It is a what the conferees voted on. The SPEAKER pro tempore. The challenge. This is the greatest delib- Toughens public disclosure of lobbying ac- question is on the motion offered by erative body known to man, but I be- tivities: Requires lobbyists to file quarterly re- the gentleman from California (Mr. lieve that it is our responsibility to do ports with more information, including cam- DREIER) that the House suspend the what it is that we are going to do here paign contributions, fundraisers and other today. rules and agree to the resolution, H. events that honor Members, and the name of Ms. JACKSON-LEE of Texas. Mr. Speaker, Res. 648. each Member contacted. Report must be in I rise today in support of H. Res. 648, Mr. The question was taken. electronic format, searchable on the Internet; The SPEAKER pro tempore. In the DREIER’s provision to eliminate floor privileges increases civil and criminal penalties for lobby- and access to Member exercise facilities for opinion of the Chair, two-thirds of registered lobbyists who are former Members ists who violate the rules. those present have voted in the affirm- The most obvious place to begin these re- or officers of the House. ative. Since the founding of our country, interest forms is here, where we conduct business Mr. DREIER. Mr. Speaker, on that I groups, or ‘‘factions,’’ as Madison called them every day. It is unconscionable that we would demand the yeas and nays. in 1787, were seen as both a boon and a allow this access to special interest groups in The yeas and nays were ordered. bane to giving the American people fair rep- a place where citizens of this country are not The SPEAKER pro tempore. Pursu- resentation. Fully 90 years before votes were allowed to step. The House has played favor- ant to clause 8 of rule XX and the finally given to African Americans and former ites, against the people we took an oath to Chair’s prior announcement, further slaves, and 150 years before universal suf- protect and serve. proceedings on this question will be frage, our Founding Fathers understood the Lobbyists should not be allowed on the postponed. dangers of interest groups and the biased ef- floor, or in exercise rooms maintained for the f well-being and personal use of congressional fect they can have on policy and law. RELATING TO CONSIDERATION OF Unfortunately, in 2006, the interest groups Members, staff, and employees. I am ashamed that we have to urge my Re- S. 1932, DEFICIT REDUCTION ACT now have the higher hand at the expense of OF 2005 our citizens and constituents. The pockets of publican colleagues to adopt more effective powerful Members of Congress, and the un- measures. It should be a no-brainer. Let’s Mr. PUTNAM. Mr. Speaker, by direc- equal access former Members of Congress start with this simple reform and keep it going tion of the Committee on Rules, I call have, supercede their responsibility to their until we succeed in delivering the government up House Resolution 653 and ask for its constituents. This is unequal access to de- ‘‘of the people, by the people, and for the peo- immediate consideration. mocracy. ple,’’ back to the people. The Clerk read the resolution, as fol- Reforms are desperately needed, and for It is for these reasons that I vigorously sup- lows: once, we have bipartisan agreement. The dif- port drawing a clear ethical line at that door H. RES. 653 ficulty now, is determining where reform is and preventing unjust and unethical influence Resolved, That the House hereby concurs in needed urgently and unequivocally, and see- in our place of business. I urge my colleagues the Senate amendment to the House amending it through to established law. to also extend their support for H. Res. 648 ment to the bill (S. 1932) to provide for rec- As a co-sponsor for the Honest Leadership and renew our dedication to our constituencies onciliation pursuant to section 202(a) of the and Open Government Act of 2006, which we and ethical principles. concurrent resolution on the budget for fis- will all be considering soon enough, I can say Mr. PAUL. Mr. Speaker, anyone who doubts cal year 2006 (H. Con. Res. 95). that today’s bill should be the beginning of that symbols often take priority over substance UNFUNDED MANDATE POINT OF ORDER many reforms. in Washington only needs to consider that Mr. MCDERMOTT. Mr. Speaker, pur- The Honest Leadership and Open Govern- among our first items of business the House suant to section 426 of the Congres- ment Act of 2006: of Representatives is considering this year is sional Budget Act of 1974, I make a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 550 CONGRESSIONAL RECORD—HOUSE February 1, 2006 point of order against consideration of have before us today an example of the b 1400 this rule, H. Res. 653. Section 425 of President’s ownership society: you own Meanwhile, the cost of prescription that same act states that a point of the problem. This bill removes Federal drugs will rise and the number of peo- order lies against legislation which im- money from child support enforcement ple helped will fall. poses an unfunded mandate in excess of and for caring for abused kids, requir- It all happened when Republicans specified amounts against State or ing States to pick up the tab. gathered and locked out America. Why local governments. Section 426 of the Republicans will twist arms to pass debate in public when you can decide it Budget Act specifically states that a this unconscionable and unfunded man- in secrecy? That is the way the Repub- rule may not waive the application of date. If you are a middle-class student, licans like to do it. They hope no one section 425. Republican reconciliation will have will notice. They forgot that when mid- H. Res. 653 states that the House you seeing red because your college dle America is floundering in a lifeboat hereby concurs in the Senate amend- education will be awash in high-priced with loss of pensions, loss of health ment to the bill S. 1932 to provide for debt. Republican leaders care so much care, loss of jobs, the Republicans cap- reconciliation. This self-executing rule about middle-class America that they size the boat. It is hard not to notice. effectively waives the application of are cutting $12 billion in student loans. Water is pouring in all around us, just section 425 to provisions in the under- Want an education? Financial insti- like New Orleans. Remember when the lying bill on child support enforcement tutions give Republicans a lot more President said, ‘‘Brownie, you are which the Congressional Budget Office money than you do. Now you get to doing a heck of a job.’’ He sure did. informs us impose an intergovern- give the financial institutions a whole Rarely have we seen so much lost over mental mandate as defined by the Un- lot more money. That is some rabbit- so little, dinner. funded Mandates Reform Act. out-of-the-hat trick. By the magic of Republicans have raised the bar with Therefore, I make a point of order Republican reconciliation, students reconciliation. As bad as it will be for that the rule may not be considered will pay more, your parents will pay students and as hard as it will be for pursuant to section 426. more when they try to help you, and seniors, Republicans saved their worst The SPEAKER pro tempore. The gen- America will pay more when we deny tactics for our most vulnerable and de- tleman from Washington makes a point the next generation the opportunity to fenseless citizens: Kids in foster care, of order that the resolution violates get a higher education. kids in single parent households, kids section 426(a) of the Congressional in low-income families, and kids in Republicans increase the interest Budget Act of 1974. families with a disabled parent. In accordance with section 426(b)(2) rate for their core corporate constitu- This reconciliation cuts almost $3 of that Act, the gentleman has met the ency and increase the failure rate of billion from programs for America’s threshold burden to identify the spe- the Nation investing in a more impor- most vulnerable children. Deadbeat cific language in the resolution on tant asset: our next generation. Repub- dads, have a great day, guys. The Re- which the point of order is predicated. lican reconciliation offers dollars that publicans have given you a head start Under section 426(b)(4) of the Act, the make no sense. That is what happens out of responsibility. Someone may gentleman from Washington (Mr. when Republican Members have to an- find you eventually. The program to MCDERMOTT) and the gentleman from swer to their leadership before their make sure that child support is paid Florida (Mr. PUTNAM) each will control constituents. crumbles under this Republican rule. 10 minutes of debate on the question of Republicans talk about security, but Today Republicans have resigned consideration. there is no security in gutting a stu- from their responsibility to take care Pursuant to section 426(b)(3) of the dent loan program that invests in of America’s interests. They say all of Act, after that debate, the Chair will America’s future. There is no common these problems are up to the States to put the question of consideration, to sense either. That is no surprise, of solve on their own because that is what wit: Will the House now consider the course. Republican reconciliation sac- they mean by an ownership society: resolution? rifices common sense for uncommon States own the problems. The Chair recognizes the gentleman greed. Republicans are now telling States to from Washington (Mr. MCDERMOTT) for Students from solid middle-class put more welfare recipients into make- 10 minutes. families will suffer. So will seniors who work activities, but they do not pro- Mr. MCDERMOTT. Mr. Speaker, I use Medicare, because almost $7 billion vide any resources to achieve that yield myself such time as I may con- in Medicare cuts are buried inside this goal. They do not even let child care sume. Republican reconciliation. Seniors will funding keep pace with inflation. So Mr. Speaker, I have no doubt that a pay more so that America’s wealthiest States may have to cut child care as- lot of moderate Republicans wish they can keep more. sistance to pay for the new welfare re- were somewhere else today, anywhere The Republicans have squandered our quirements. It is just one more un- where they could escape the embarrass- commitment to America’s distin- funded mandate for the States and one ment of voting against the American guished citizens in order to trade need more burden for working families. people one more time in a brand-new for greed. Part B premiums for some Now, cash would be nice, but they year just after that State of the Union Medicare beneficiaries are going up be- have drained the Treasury to pay for last night. cause the Republicans locked them- the President’s economic stimulus. Here we go again. The first legisla- selves into a conference committee Now it is an addiction. Just keep giv- tive act of 2006 looks just like the last without the Democrats and locked the ing the wealthiest Americans more and legislative day of 2005. Republicans call American people out. more money. There is no end to how this a reconciliation, but it is really much money the President is willing to Republican resignation from meeting On Friday, the nonpartisan Congres- give them, and there is no end to how the needs of American people or ad- sional Budget Office informed us that much money it will take from a host of dressing the issues that threaten our $28 billion in cuts to Medicaid in this foreign governments to finance a def- security. bill would impose new costs on 13 mil- icit rising higher than the sky. This vote will occur out in the open lion poor and working-poor recipients. Reconciliation by Republicans is a on the House floor, but the deals were These are the people the President said one-point program: Make the rich rich- cut in secret behind closed doors with last night we are taking care of your er. It was crafted in secret. At least the American people locked out and health care. Brother, you don’t want a now finally it is out in the open. the Republican Party locked in. guy like that taking care of you. Mr. Speaker, I reserve the balance of Until Republican leaders got what By 2015, new fees would end insurance my time. they wanted, and it is not in the best coverage for 65,000 Medicaid enrollees, Mr. PUTNAM. Mr. Speaker, I yield interest of the American people, we 60 percent of them children. myself such time as I may consume.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 551 Mr. Speaker, the bill before us today entitlement program without raising support collection program to which he has changed somewhat from its travels an underfunded mandate objection. Un- refers. By 2010, we will spend $28 billion in the Senate. The rhetoric on the less your goal is to prevent any reduc- on the same program; by 2015, $34 bil- other side of the aisle has not. It is the tion in Federal spending, which I think lion. same old tired class-warfare rhetoric, it is fair to stipulate is their goal, this The gentleman is worried about more befitting of a response to the is not a meaningful objection. June, July, August, September, Octo- State of the Union than anything at all Even with this change, CBO expects ber, and yes, even November. We are related to a parliamentary inquiry re- child support collections will grow worried about 2010, 2020, and 2030, about garding unfunded mandates. each and every year and the projec- getting our arms around an exploding The specific point as it relates to an tions bear that out, rising from $24 bil- entitlement program that is engorging unfunded mandate claim by the other lion today to $28 billion in 2010 and $34 the entire Federal budget, and your ac- side regarding the child support billion in 2015, clearly only a Demo- tions to stop any and all responsible changes in the Deficit Reduction Act is cratic definition of a cut. budgeting to prevent entitlement simply not correct. According to the Other features of the Deficit Reduc- spending from taking up two-thirds of GAO, in 2004 the Federal Government tion Act would provide States signifi- the Federal budget within the decade, paid 88 percent of all child support pro- cant Federal welfare funds, including to prevent any meaningful Social Secu- gram costs. Eighty-eight percent. Ten $17 billion in annual TANF block rity reform that would guarantee that States made money on their program grants through 2010 and $3 billion in GenX-ers out there will have the same from the taxpayers from the other 40 mandatory child care through 2010, a $1 opportunities that those in their seven- States. Ten States retained more child billion increase above current law. ties have, to prevent the types of enti- Mr. Speaker, I reserve the balance of support collections than it cost them tlement reforms that are needed to my time. to operate it. They actually generated save the very programs that you are so Mr. MCDERMOTT. Mr. Speaker, I substantial profit with the Federal yield 2 minutes to the distinguished proud of in Social Security and Med- Government picking up 100 percent of gentleman from Michigan (Mr. LEVIN), icaid and Medicare, that are worthy their costs, the Federal Government who stopped the attempt to privatize pillars of this domestic government, obviously not being a nebulous con- Social Security. you block each and every time, includ- cept, the Federal government being the Mr. LEVIN. Mr. Speaker, last night ing this action which is a very modest other 40 States subsidizing 10 States’ the President of the United States said, savings that still generates more child support programs to the tune of a ‘‘Wise policies such as welfare reform money each and every year by substan- profit. have made a difference in the character tial sums than the previous and still Over the next 5 years, the Federal of our country.’’ guarantees a high level of service to Government will spend nearly $20 bil- What you are doing on the Repub- the young people. lion on child support program costs. lican side, I am afraid, is in character. Mr. LEVIN. Mr. Speaker, will the That is after the changes that are It is not class warfare on our side, it is gentleman yield? made here in the Deficit Reduction your warfare against the children of Mr. PUTNAM. I yield to the gen- Act, and still far more than the States America. tleman from Michigan. are expected to spend. States continue It is not our definition, it is CBO’s Mr. LEVIN. Does the gentleman deny to receive $500 million in Federal in- and I quote from a letter of January 31 point blank the estimate of CBO, we do centive funds every year, on top of $2 to Mr. RANGEL: ‘‘As requested by your not control it, that this bill will lead to in Federal funds for every $1 of State staff, CBO has reviewed the child sup- a reduction of $8.4 billion in child sup- funds spent for a 66 percent Federal port provisions in the conference agree- port for the kids of America? Do you matching rate. Not a bad deal. ment for S. 1932, the Deficit Reduction deny the CBO estimate? Set in this context, this claim of un- Act of 2005, and we have determined Mr. PUTNAM. Mr. Speaker, reclaim- funded mandates is simply not correct that those provisions contain an inter- ing my time, nowhere in the CBO score and not meaningful. The child support governmental mandate as defined in for this report is there any estimates savings in the Deficit Reduction Act the Unfunded Mandates Reform Act.’’ that States will lose TANF funds for result from ending the practice of That is what CBO says. failure to operate satisfactory child States claiming Federal matching And CBO says something else. That support programs. They would score as funds for spending Federal child sup- this conference report, with the an additional Federal savings if they port incentive funds, double dipping, if changes you have made, will lead to a did, and that is just not there. you will. reduction in the amount collected for This double dipping cannot be justi- I think I have answered the gentle- the kids of America in child support of man’s question. fied. Closing this loophole, which is $8.4 billion. That is CBO, not Demo- Mr. Speaker, I reserve the balance of what it amounts to, saves $1.6 billion crats saying that. my time. over 5 years with no impact on services So I just want to tell everybody who being provided to the clients. The is thinking of voting for this con- Mr. MCDERMOTT. Mr. Speaker, I change would not take effect until fis- ference report, you should expect now, yield myself the balance of my time. cal year 2008, giving States 2 years to next week, June, July, August, Sep- Mr. Speaker, it probably does not adjust to the change. And States could tember, October, and yes, in November, surprise most Americans when Repub- replace every penny of expected Fed- the citizens of this country and of your licans and Democrats have different eral savings by increasing their own district, will be asking you to justify opinions on a bill, so let me highlight spending modestly with the Federal how you cut funding for child support the opinion of a third voice, U.S. Con- Government filling in the difference. in a way that would lead to the kids of ference of Catholic Bishops. Here is States could unlock $2 Federal dollars your district and America combined what they say about the legislation be- for every $1 spent under the program’s losing $8.4 billion in child support. fore us. 66 percent match rate. So if States That is kids who need it, families who Our Bishops’ Conference is deeply dis- want to increase spending by $900 mil- need it, from people who owe it. appointed that the final budget reconcili- lion, they would have to pony up $300 Yes, as the President said yesterday, ation conference agreement coming once million of their own. Again, not a bad there are some wise policies that make again before the House of Representatives in- deal for the States. I think it is a re- cludes provisions in these areas which we be- a difference in the character of our lieve could prove harmful to many low-in- turn that most investors would accept country, not what you are doing today. come children, families, elderly and people readily. Mr. PUTNAM. Mr. Speaker, I yield with disabilities who are least able to pro- CBO’s letter that the gentleman re- myself such time as I may consume. vide for themselves. Because of these con- fers to shows it is impossible to achieve I remind the gentleman that today cerns, we ask you to oppose the budget rec- even modest savings in this open-ended we will spend $24 billion on the child onciliation conference agreement.

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BISHOPS’ PRESIDENT URGES HOUSE TO REJECT the needs of the most vulnerable among us. McHugh Price (GA) Smith (NJ) BUDGET AGREEMENT Therefore, we urge you to reject the con- McKeon Pryce (OH) Smith (TX) ference agreement and work for policies that McMorris Putnam Sodrel WASHINGTON (January 30, 2006).—The re- Mica Radanovich Souder cent budget reconciliation bill fails to ‘‘meet put poor children and families first. Miller (FL) Ramstad Stearns the needs of the most vulnerable among us,’’ There are many challenges and much tu- Miller (MI) Regula Sullivan said Bishop William S. Skylstad, president of mult in Washington that demand the atten- Moran (KS) Rehberg Sweeney the United States Conference of Catholic tion of our leaders. However, an essential Murphy Reichert Tancredo Bishops in a January 24 letter to the House priority of government is to provide for the Musgrave Renzi Taylor (NC) of Representatives. general welfare of its people, especially ‘‘the Myrick Reynolds Terry Bishop Skylstad said the greatest concerns least among us.’’ Neugebauer Rogers (AL) Thomas Ney Rogers (KY) Thornberry were over: increased Medicaid cost-sharing Mr. PUTNAM. Mr. Speaker, I yield Northup Rogers (MI) Tiahrt burdens; cuts to child support enforcement; myself the balance of my time. Norwood Rohrabacher Tiberi changes in Temporary Assistance for Needy Nunes Ros-Lehtinen Turner Families programs which underfund work This debate has devolved into a 10- Nussle Royce Upton programs and childcare; and cuts to agri- minute extension of the overall con- Osborne Ryan (WI) Walden (OR) culture conservation programs. cept of deficit reduction. The unfunded Otter Ryun (KS) Walsh ‘‘We urge you to reject the conference mandates claim does not ring true. Oxley Saxton Wamp Paul Schmidt Weldon (FL) agreement and work for policies that put There is more money going into these Pearce Schwarz (MI) Weldon (PA) poor children and families first,’’ Bishop States. States have been double-dip- Pence Sensenbrenner Weller Skylstad said. ping, and the action in this bill today Peterson (PA) Sessions Westmoreland The text of the entire letter follows. Petri Shadegg Whitfield will simply close that loophole and end Pickering Shaw Wicker JANUARY 24, 2006. that practice, particularly by the 10 Pitts Shays Wilson (NM) HOUSE OF REPRESENTATIVES, States that have been operating on Platts Sherwood Wilson (SC) Washington, DC. Federal dollars at a profit. Poe Shuster Wolf DEAR REPRESENTATIVE: In December, as Pombo Simmons Young (AK) President of the United States Conference of Mr. PUTNAM. Mr. Speaker, I yield Porter Simpson Young (FL) back the balance of my time. Catholic Bishops, I wrote to you expressing NAYS—201 serious concerns about provisions in the The SPEAKER pro tempore (Mr. Abercrombie Fattah Millender- budget reconciliation bill. The proposed SIMPSON). The question is: Will the Ackerman Filner McDonald changes in Medicaid, child support enforce- House now consider the resolution? Allen Ford Miller (NC) ment funding, Temporary Assistance for The question was taken; and the Andrews Frank (MA) Miller, George Needy Families (TANF), and agriculture Speaker pro tempore announced that Baca Gonzalez Mollohan Baird Gordon Moore (KS) conservation programs, in particular, could the ayes appeared to have it. have a negative impact upon the most vul- Baldwin Green, Al Moore (WI) nerable in our nation. Mr. MCDERMOTT. Mr. Speaker, on Barrow Green, Gene Moran (VA) Our Bishops’ Conference is deeply dis- that I demand the yeas and nays. Bean Grijalva Murtha Becerra Gutierrez Nadler appointed that the final budget reconcili- The yeas and nays were ordered. Berkley Harman Napolitano ation conference agreement coming once The vote was taken by electronic de- Berman Hastings (FL) Neal (MA) again before the House of Representatives in- vice, and there were—yeas 226, nays Berry Herseth Oberstar cludes provisions in these areas which we be- 201, not voting 6, as follows: Bishop (GA) Higgins Obey lieve could prove harmful to many low-in- Bishop (NY) Hinchey Olver come children, families, elderly and people [Roll No. 2] Blumenauer Hinojosa Ortiz with disabilities who are least able to pro- YEAS—226 Boren Holden Owens Boswell Holt Pallone vide for themselves. Because of these con- Aderholt Davis (KY) Hayworth Boucher Honda Pascrell cerns, we ask you to oppose the budget rec- Akin Davis, Jo Ann Hefley Boyd Hoyer Pastor onciliation conference agreement. Alexander Davis, Tom Hensarling Brady (PA) Inslee Payne Among the areas of most concern to us are: Bachus Deal (GA) Herger Brown (OH) Israel Pelosi Increased Medicaid cost-sharing burdens Baker DeLay Hobson Brown, Corrine Jackson (IL) Peterson (MN) and eroding federal benefit standards which Barrett (SC) Dent Hoekstra Butterfield Jackson-Lee Pomeroy can result in low-income children, families, Bartlett (MD) Diaz-Balart, L. Hostettler Capps (TX) Price (NC) Barton (TX) Diaz-Balart, M. Hulshof pregnant women, elderly and those with dis- Capuano Jefferson Rahall Bass Doolittle Hyde Cardin Johnson, E. B. Rangel abilities not getting the care they need. Beauprez Drake Inglis (SC) Cardoza Jones (OH) Reyes Cuts to child support enforcement, which Biggert Dreier Issa Carnahan Kanjorski Ross will mean collecting billions less in child Bilirakis Duncan Jenkins Carson Kaptur Rothman support for children and families than under Bishop (UT) Ehlers Jindal Case Kennedy (RI) Roybal-Allard current law. Blackburn Emerson Johnson (CT) Chandler Kildee Ruppersberger TANF-related provisions, including: Blunt English (PA) Johnson (IL) Clay Kilpatrick (MI) Rush Immediate and significant changes in state Boehlert Everett Johnson, Sam Cleaver Kind Ryan (OH) TANF work rules (although additional pro- Boehner Feeney Jones (NC) Clyburn Kucinich Sabo Bonilla Ferguson Keller posals to increase hours worked per week Conyers Langevin Salazar Bonner Fitzpatrick (PA) Kelly Cooper Lantos Sa´ nchez, Linda were wisely abandoned) without providing Bono Flake Kennedy (MN) Costa Larsen (WA) T. sufficient additional funding needed to run Boozman Foley King (IA) Costello Larson (CT) Sanchez, Loretta work programs and provide child care. This Boustany Forbes King (NY) Cramer Lee Sanders will mean states may have to choose be- Bradley (NH) Fortenberry Kingston Crowley Levin Schakowsky tween cutting child care for low-income Brady (TX) Fossella Kirk Cuellar Lewis (GA) Schiff working families, reducing other services for Brown (SC) Foxx Kline Cummings Lipinski Schwartz (PA) Brown-Waite, Franks (AZ) Knollenberg low-income people, or cutting back on cash Davis (AL) Lofgren, Zoe Scott (GA) Ginny Frelinghuysen Kolbe Davis (CA) Lowey Scott (VA) assistance for needy families; policies that Burgess Gallegly Kuhl (NY) Davis (FL) Lynch Serrano could have the effect of disadvantaging two- Burton (IN) Garrett (NJ) LaHood Davis (IL) Maloney Sherman parent families and married couples; and Buyer Gerlach Latham Davis (TN) Markey Skelton failure to restore TANF benefit eligibility to Calvert Gibbons LaTourette DeFazio Marshall Slaughter recently-arrived legal immigrants. Cuts to Camp (MI) Gilchrest Leach DeGette Matheson Smith (WA) key agriculture conservation programs, Campbell (CA) Gillmor Lewis (CA) Delahunt Matsui Snyder Cannon Gingrey Lewis (KY) which will undermine efforts to promote soil DeLauro McCarthy Solis Cantor Gohmert Linder Dicks McCollum (MN) Spratt conservation, improve water quality, protect Capito Goode LoBiondo Dingell McDermott Stark wildlife, and maintain biodiversity. Carter Goodlatte Lucas Doggett McGovern Strickland We recognize that the bill also includes Castle Granger Lungren, Daniel Doyle McIntyre Stupak positive elements, such as additional funding Chabot Graves E. Edwards McKinney Tanner for victims of Hurricane Katrina and a pro- Chocola Green (WI) Mack Emanuel McNulty Tauscher gram to promote marriage and healthy fami- Coble Gutknecht Manzullo Engel Meehan Taylor (MS) Cole (OK) Hall Marchant lies. We are also grateful that cuts to the Eshoo Meek (FL) Thompson (CA) Conaway Harris McCaul (TX) Etheridge Meeks (NY) Thompson (MS) Food Stamps program were dropped from the Crenshaw Hart McCotter Evans Melancon Tierney package. However, we believe that, overall, Cubin Hastings (WA) McCrery Farr Michaud Towns the impact of this bill will be to fail to meet Culberson Hayes McHenry

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 553 Udall (CO) Wasserman Weiner floor for what we hope will be its final, I look forward to passing this reform Udall (NM) Schultz Wexler final consideration. bill and reaffirming sound oversight Van Hollen Waters Woolsey Vela´ zquez Watson Wu For the first time since 1997, the Con- and fiscal responsibility here in Wash- Visclosky Watt Wynn gressional budget resolution included ington. This legislation is a step to- Waxman deficit reduction instructions to au- wards smarter, more competent gov- NOT VOTING—6 thorizing committees to find and ernment. I urge Members to support it. Hastert Hunter Miller, Gary achieve mandatory program savings for Mr. Speaker, I reserve the balance of Hooley Istook Shimkus a more accountable government. It my time. does this by finding smarter ways to b 1436 Ms. SLAUGHTER. Mr. Speaker, I spend and by slowing the rate of the yield myself such time as I may con- Mr. LARSON of Connecticut and Mr. growth of government, especially on sume. SCOTT of Virginia changed their vote the mandatory side of the ledger. from ‘‘yea’’ to ‘‘nay.’’ The Deficit Reduction Act seeks to I insert in the RECORD two documents Mr. AKIN, Mr. BROWN of South curb the unsustainable growth rate of referring to this bill. Carolina, and Mrs. CUBIN changed mandatory programs that are set to HOUSE OF REPRESENTATIVES, their vote from ‘‘nay’’ to ‘‘yea.’’ consume 62 percent of our total budget COMMITTEE ON GOVERNMENT REFORM, Washington, DC, January 30, 2006. So the question of consideration was in the next decade if left unchecked. decided in the affirmative. The agreement will stimulate reform BUDGET RECONCILIATION AND THE ALEXANDER The result of the vote was announced of these entitlement programs, many STRATEGY GROUP as above recorded. of which are outdated, inefficient and VOTE NO UNTIL WE KNOW A motion to reconsider was laid on excessively costly. DEAR COLLEAGUE: Do you know why the the table. Mr. Speaker, I am proud of this legis- pending Budget Reconciliation Conference The SPEAKER pro tempore (Mr. lation, and I am proud of the work that Report contains none of the $10 billion in SIMPSON). The gentleman from Florida this House, through its authorizing cuts to pharmaceutical companies that (Mr. PUTNAM) is recognized for 1 hour. committees, through the Budget Com- passed the Senate? Mr. PUTNAM. Mr. Speaker, for the mittee process, through, in short, reg- Neither do I. purpose of debate only, I yield the cus- ular order has achieved. I am proud of But I have a guess. On the back of this let- tomary 30 minutes to the gentlewoman that. I am proud that this legislation ter is the interim disclosure for the first six from New York (Ms. SLAUGHTER), pend- begins a long-term effort at slowing months of 2005, showing: ing which I yield myself such time as I the growth of entitlement spending. PhRMA, may consume. During consideration of Our goal was to control government The Alexander Strategy Group, this resolution, all time yielded is for spending so that Americans can keep Ed Buckham, and the purpose of debate only. more of their own money instead of Tony Rudy Mr. Speaker, we are dealing with the having the government seize more. The all working together on ‘‘Medicare, Med- Deficit Reduction Act yet again to ad- authorizing committees from both icaid, Prescription Drug Issues, and Budget dress some technical amendments that Chambers have worked very hard to Process.’’ (The final disclosure forms are not were made by the Senate. House Reso- find savings within their individual ju- due until February 15). lution 653 provides that the House risdictions that total nearly $40 billion Postpone the vote on Budget Reconcili- agree with the Senate amendments to in efficiency. The agreement allows ation until after an investigation is con- the House passed version of S. 1932. S. programs and agencies to weed out ducted on the role of the scandal-ridden 1932 provides for reconciliation as de- waste, fraud, abuse, duplication of ef- Alexander Strategy Group in the negotia- scribed in the Congressional budget fort, so that we can channel more Fed- tions. Ask the Speaker to create a bipartisan investigation. resolution of 2006. eral dollars to programs that succeed You don’t want to vote in favor of a taint- As a member of both the Rules Com- and to the people who are truly in ed bill. Vote No until we know. mittee and the Budget Committee and need, to serve the intended populations Sincerely, a conferee on this legislation, I am more efficiently, more effectively, and HENRY A. WAXMAN, pleased to bring this legislation to the in smarter ways. Ranking Minority Member.

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VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 557 Ms. SLAUGHTER. Mr. Speaker, we doing it to provide a tax cut for the care in emergency rooms absent a find- have heard a great deal from the Re- richest Americans. ing of gross negligence. Those are the only three changes publican Party recently about its com- b 1445 mitment to reforming the way the from the conference report that this House does business. Every Member of this body needs to body, the House of Representatives, Again today the Republicans have know the serious consequences of this passed by a six-vote margin before we told us that they have learned from vote today. A vote for this bill is a vote recessed for the holidays. So, sub- their mistakes, and they will never to literally take away health care from stantively, with those changes, the bill again allow special interests to dis- our children so we can give more before us, if this resolution passes that tract them from doing the work of the money to the super-rich. A vote for brings the bill up for consideration, is American people. this bill is a vote to weaken Medicare identical. Actions speak louder than words, and for our struggling seniors, who are hav- With regard to the issues that are in this budget bill before us today is proof ing enough trouble with the so-called the jurisdiction of the Energy and that despite all the talk of reform Medicare reform bill that we passed Commerce Committee, which I chair, nothing has changed with its leader- here and is giving everybody a fit try- the legislation would effectively put us ship. This is a bill that cuts Medicare ing to understand Medicare part D and in the Digital Age on February 17, 2009. spending by $6.4 billion. It cuts child that thousands are doing without their America and television sets would go support enforcement by $1.5 billion. It medication because of it. all digital on that day. The analog tele- cuts $343 million from foster care pro- It will also put college education far- vision signals that have come into our grams. ther out of the reach of our students, homes over the air since the birth of Last year, we knew what was behind even though the President last night TVs since the 1940s, or maybe in some this bill. It was tax cuts for the very discussed that our competitiveness de- cases since the 1930s, would end; and we rich. In order to offset the administra- pends on what we are teaching our stu- would have the new era finally before tion’s unprecedented giveaway to the dents today, so we can fund more tax- us. country’s richest citizens, they are cut giveaways. Remember, that is what In 2004, at my first DTV hearing since willing to cut the services to the need- you are voting for. becoming chairman of the Energy and iest Americans. All of us, while we A vote for this bill supports the cul- Commerce Committee, I announced were home in January, heard from cit- ture of corruption, and also America that expediting the DTV transition izen after citizen, constituent after can and must do better than this budg- would be a top priority. I also noted constituent, of the harm that this bill et reconciliation and what this party is that the 85 percent loophole in the cur- would do to them, begging us not to offering us today. I urge all of my col- rent law has delayed the consumer benefits of digital television, and it has vote for it. Such an indefensible set of leagues to vote ‘‘no’’ on this bill and prevented the clearing of very vital priorities is still the major reason why vote ‘‘yes’’ for a new day here in Wash- broadcast spectrum for critical public the majority gave us this bill again ington. safety and wireless broadband uses. today, but this year things are even Mr. Speaker, I reserve the balance of my time. The DTV legislation in the pending worse. bill brings needed certainty that will We are being asked to vote on a bill Mr. PUTNAM. Mr. Speaker, I am allow consumers, broadcasters, cable that more than ever before proves that pleased to yield 5 minutes to the distinguished chairman of the Energy and and satellite operators, manufacturers, the culture of corruption is alive and retailers, and the government to pre- Commerce Committee, Mr. BARTON. well in this Congress. At the behest of pare for the end of the transition. It in- the drug and managed care industries, Mr. BARTON of Texas. Mr. Speaker, I rise today in support of H. Res. 653, a cludes a strong consumer education who met with the key legislators in measure. It helps ensure that all con- resolution that will concur in the Sen- closed, backdoor sessions, the Repub- sumers have continued access to broad- ate amendment to S. 1932, the Deficit lican conferees have changed this legis- cast programming, regardless of wheth- Reduction Act of 2005. In passing this lation so that it will save these indus- er they use analog or digital tele- resolution, the House will make impor- tries a total of $42 billion. visions or whether they watch tele- tant reforms in telecommunications Now, how do they suggest that we vision signals broadcast by a local sta- and Medicaid, which are under the ju- pay for this new and improved give- tion or subscribe to cable TV. away to the corporate lobby? By in- risdiction of the Energy and Commerce The package also includes necessary creasing the co-payments and reducing Committee. revisions to Medicaid. Medicaid is a health coverage for children, for sen- This resolution is necessary because victim of its own success. The program iors and for people with disabilities when the other body took up the budg- has grown so expensive that it is who rely on Medicaid. et reform package, or the reconcili- unsustainable in its current form. The This last year showed us the terrible ation package, they struck three items Nation’s Governors on both sides of the consequences of poor leadership. We of the conference report that had a aisle understand the grim future of saw a national disaster turn into a na- nonfinancial impact under what is Medicaid without reform. They told us tional tragedy because of a failed gov- called the Byrd Rule in the other body. over and over in hearings before the ernment response. We saw self-interest The three items are a report requir- Energy and Commerce Committee that run amok as top lawmakers violated ing value-based purchasing for the Medicaid will bankrupt the States un- the people’s trust, and they were in- Health and Human Services Depart- less some reasonable reforms are en- dicted and forced to step down in the ment to report to Congress on a date acted. These were Democrat Governors wake of scandal. We saw our troops and certain for a hospital or for a value- and Republican Governors. They told the people of Iraq struggle heroically based purchasing program. That was us what they needed done, and we at- to lift not just the weight of a vicious the first thing struck. tempted to do it. insurgency, but also the burden of poor The second thing struck was a The proposal that is embedded in the planning and unfulfilled promises from MedPAC report which would have pro- pending legislation contains common- the White House. vided a Medicare Payment Advisory sense reforms and will help fix some of Here again today, Republicans are Commission report to Congress on that the flaws in the current Medicaid pro- acting to make the American people same hospital value-based purchasing gram to ensure that it will continue to victims of unscrupulous, disingenuous program. be the safety net that protects our Na- leadership, while they talk of reform The third thing that was struck was tion’s most vulnerable citizens. and change, and we cannot afford an- a section that would have shielded Some of these reforms include allow- other year like the last one. from legal liability certain hospitals ing States to charge some basic copays Remember, that as you cut the very and physicians who enforce cost-shar- to higher-income beneficiaries, reduc- life out of these programs, you are ing requirements for nonemergency ing Medicaid overpayments for drugs,

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We would also make obligation to pay claims before the Medicaid Congress clearly intended for all children it more difficult to hide assets so that program pays for the care of an individual. under Medicaid to continue to receive EPSDT wealthy clients can pretend to be poor The Conference Report amends the list of services and we will work with Administrator to qualify for long-term Medicaid cov- third parties named in Section 1902(a)(25) of McClellan to ensure that all children will con- erage in nursing homes. the Social Security Act for which states must tinue to receive access to these important We were tasked in the budget resolu- take all reasonable measures to ascertain the services. tion to reduce the growth of Federal legal liability to include, among others, phar- CLARIFYING MEDICAID’S NEW CO-PAYMENT POLICIES spending in this program. Overall, the macy benefits managers. In implementing the new premium and cost net savings over a 5-year period are a I would like to clarify that the addition of sharing provisions contained in section 6041, little over $4.5 billion. It is the right pharmacy benefit managers to the definition of it was the intent of Congress that Medicaid thing to do, regardless of the budget liable third parties is in the instance when they populations below one hundred percent of the implication; but the budget implica- are at risk for the underlying benefit, such as federal poverty level would be exempt from tion is positive. operating as a plan sponsor for purposes of the general application of cost sharing and I recognize that some of my critics providing health benefits or as a risk-bearing premiums. The only two exceptions to this rule will say that even a modest reform will entity under the new Medicare Part D program were that these individuals could still be sub- hurt the poor. I would submit to you as a stand-alone PDP. This addition is not ject to minimal co-payments for non-preferred that Medicaid in its current form is meant to make pharmacy benefit managers drugs and could be charged co-payments if hurting the poor. liable when they are acting merely in an ad- they sought non-emergency services in an CLARIFYING THE TREATMENT OF DISTRIBUTOR SERVICE ministrative capacity on behalf of a liable third emergency room. FEES UNDER THE NEW MEDICAID PHARMACY REIM- party. CLARIFYING INTENT ON MEDICARE ADVANTAGE BUDGET BURSEMENT REFORMS The intent is not to create an additional li- NEUTRALITY ADJUSTMENT I want to clarify specifically how bona fide ability where none exists today. Pharmacy The phase out of the budget neutrality ad- services fees, which are negotiated between a benefit managers may or may not be liable justment for Medicare Advantage plans under manufacturer and pharmaceutical distributor, third parties. It is dependent upon whether section 5301 of S. 1932, the Deficit Reduction should be treated under the new Medicaid they are ultimately responsible for the pay- Act and the joint statement which accom- pharmacy reimbursement metric. Manufactur- ment of a claim. It is my understanding that panied the Conference Report in the Senate ers pay bona fide service fees for specific the health plan or employer contracting with requiring adjustments for differences in coding services provided by the distributor. Service the pharmacy benefit manager is ultimately at patterns is intended to include adjustments for fees are a relatively new business model to risk for the underlying claim, so it is my belief coding that is inaccurate or incomplete for the the pharmaceutical distribution industry and this will not create new liability for the phar- purpose of establishing risk scores that are how they should be treated under federal re- macy benefit manager. I understand that this consistent across both fee-for-service and imbursement programs first came into ques- same intention was addressed in a colloquy Medicare Advantage settings, even if such tion when the new Average Sales Price (ASP) coding is accurate or complete for other pur- metric under the Medicare Modernization Act on the Senate side between Senator BOND and Senator GRASSLEY on December 21, poses. was being recently implemented. Ms. SLAUGHTER. Mr. Speaker, I am 2005. I am pleased to note that Congress specifi- pleased to yield 3 minutes to the gen- cally did not include service fees as a price CLARIFYING MEDICAID’S COVERAGE FOR EPSDT tleman from South Carolina (Mr. SERVICES concession to be incorporated into the calcula- SPRATT), the ranking member of the There have recently been some public dis- tion of ASP and CMS subsequently confirmed Budget Committee. that, ‘‘Bona fide service fees that are paid by cussions about what benefits states would be Mr. SPRATT. Mr. Speaker, it is easy a manufacturer to an entity, that represent fair required to provide for children under the ben- to criticize the contents of this rec- market value for bona-fide service provided by efit flexibility provisions contained in Section onciliation bill because it hurts chil- the entity, and are not passed on in whole or 6044 of the Deficit Reduction Act. Section dren, single-parent families, students in part to a client or customer of the entity 6044 specifies that states may provide flexible struggling to finance their college edu- should not be included in the calculation of benefit packages, but only if such package cation, and many others who are the ASP.’’ provides, for any child under age 19, wrap most vulnerable among us. But I rise The conferees did not intend to have bona around benefits packages that consist of today to criticize the process because fide services fees included in the calculation of ‘‘early and periodic screening, diagnostic, and this a process known as reconciliation; the Medicaid Average Manufacturer Price treatment services defined in section 1905(r).’’ and the purpose of reconciliation is (AMP) based reimbursement methodology as This language reflects the clear legislative that as you come to the end of a budget established in the pharmacy reimbursement intent by both the House and Senate that all season, we use this to change manda- provisions of the conference agreement. children should continue to receive access to tory spending and change revenues so CLARIFYING CHANGES TO MEDICAID THIRD PARTY coverage of early and periodic screening, di- that you reconcile the actual budget to LIABILITY STANDARD agnostic, and treatment services (‘‘EPSDT’’) what otherwise would occur. The provision regarding the meaning of a services. That was what Members agreed to Ordinarily in the past, reconciliation new Medicaid third-party liability provision in- and the language was drafted accordingly. In has led to deficit reduction. That is the cluded in section 6036 of the conference addition, this is exactly how the Congressional purpose. That is the reason it is a pri- agreement on S. 1932, the ‘‘Deficit Reduction Budget Office (‘‘CBO’’) scored this proposal. In ority process in the budget process. In Act of 2005’’ seeks to clarify the obligation of the most recent score of S. 1932, CBO said the budget summit agreement of 1990, third parties that are legally responsible for that ‘‘states would be permitted to enroll chil- we saved $482 billion in budget rec- payment of a claim for a health care item or dren in a benchmark benefit plan but would be onciliation; in 1993, we saved $433 bil- service, and the requirements for third parties required to provide supplemental coverage of lion in reconciliation; in the balanced to provide states with coverage eligibility and all other Medicaid benefits, including early and budget agreement of 1997, we saved $118 claims data. Specifically, that section amends periodic screening, diagnostic, and treatment billion. the list of third parties named in section services.’’ So what do we save today when you 1902(a)(25) of the Social Security Act for In a statement released during the Senate put together this spending-cut bill, $39 which states must ascertain the legal liability debate on S. 1932, CMS Administrator Mark billion in reconciled spending cuts, to pay for medical care and services available McClellan also indicated that CMS had deter- with the tax bill that will follow it, the under the state’s Medicaid plan. The provision mined that children under age 19 will still be reconciliation tax bill? You add $17 bil- adds ‘‘pharmacy benefit managers’’ to this list, entitled to receive EPSDT benefits if they are lion to the deficit over that period of and introduces a new phrase ‘‘legally respon- enrolled in benchmark or benchmark equiva- time. There is no deficit reduction. sible for payment of a claim for a health care lent coverage. Further, Administrator McClel- Worse still, if you look back at all of item or service’’. lan said that in implementing section 6044, the taxes we passed in this budget

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 559 cycle this previous year leading up to we are looking at the areas in our claim that they are going to cut $40 fiscal year 2006, starting with the budget that the appropriations process billion to ‘‘restore fiscal discipline.’’ transportation bill and including the does not even impact. We are talking Now, you inherited $5.6 trillion surplus. energy bill and including a 1-year about the so-called mandatory spend- You followed an administration that patch, $31 billion, in the Alternative ing, entitlement spending, the things had four budget surpluses in a row. Minimum Tax, the total tax reduction that are on automatic pilot. That is b 1500 comes to $122 billion. But let me re- where more than half of our money And you want to restore fiscal dis- mind you, I just included and we have goes in this Congress. cipline to the extraordinary fiscal irre- just included, they just included in this So we are simply saying for the first sponsibility you have been pursuing for tax bill, $31 billion, a 1-year fix in the time in 7 years, let’s begin to get a 5 years. A good objective, folks. AMT. If all of these taxes are reflected handle on that. Let’s control that part But the reality is they plan on cut- on a 5-year basis, there is an additional of the budget. Because everybody ting an additional $70 billion in taxes. $167 billion to add to that. knows the government needs money to Cut $40 billion in spending, cut $70 bil- Here is the bottom line. Here is what provide services. But what we are say- lion in taxes. You do not have to be you are voting for today if you vote for ing right now is we need reform. We much above the sixth grade to under- this bill. If you look at it over a true 5- need discipline to rein in spending. We stand that is going to add to your def- year time period and add up all of the need courage to make decisions that icit. taxes in addition to the reconciliation are difficult at times because we have No, while the President called for in- tax cuts that have been passed in this to live like every American has to live, creased funding for education last budget cycle, the addition to the def- by setting priorities and tightening our night, this Republican majority today icit is $380 billion after deducting the belts. wants to cut funds for students going $40 billion included in this reconcili- Finally, this is an act that will bring to college. While the President recog- ation bill. That is the net effect on the commitment to make sure that every nized the need to make health insur- deficit. task of government is accomplished ance more affordable, this majority So anybody coming here to the well more efficiently and more effectively today intends to cut funding for Med- of the House or going to the voting ma- than it ever has been before. That is icaid to the poorest of citizens. chine to register his or vote thinking what this Deficit Reduction Act does, Meanwhile, we now know that as the that this is going to reduce the deficit and I urge its passage. Republican budget axe fell on the poor has another thought coming. This bill Ms. SLAUGHTER. Mr. Speaker, I and students, powerful special interests will increase the deficit, considering yield 31⁄2 minutes to the gentleman in the dark of night in the conference the tax cuts that have been passed this from Maryland (Mr. HOYER), the minor- got $20 billion in cuts back, back. Half past year. It will leave us with a deficit ity whip. of all of the cuts they got back. increase of $280 billion over the next 5 Mr. HOYER. Mr. Speaker, I wish I I urge my colleagues, vote against years. That is why the process is a had at least a half an hour to respond this irresponsible, mean-spirited, nega- sham and that is reason enough to vote to my friend from Florida who just tive proposal, which is contrary to the against the bill. spoke. interests of the American people and Mr. PUTNAM. Mr. Speaker, I yield 2 We have run up $1.58 trillion of addi- the product of Republican fiscal irre- minutes to another gentleman from tional deficits in the last 60 months sponsibility, and a pretense of support Florida (Mr. CRENSHAW), a distin- under your leadership. Last night, the for priorities of education and health guished member of the Committee on President of the United States ad- care, while at the same time cutting the Budget. dressed the American people from this our investment in education of our Mr. CRENSHAW. Mr. Speaker, I House Chamber. He demanded that we children and the health of our people, thank the gentleman for yielding. make his tax cuts permanent. Of and imposing upon our children and Mr. Speaker, I rise in strong support course, he also urged new Federal our grandchildren the extraordinary of this Deficit Reduction Act. It takes spending, among other things for en- costs of our fiscal profligacy. I would hope that a number of you another giant step in trying to get our ergy independence, a good objective; on would in fact be fiscally responsible own financial house in order here in education, math and science, a good and vote ‘‘no’’ on this bad package. Congress, and that is what the Amer- objective; prevention and treatment for Mr. PUTNAM. Mr. Speaker, I yield 2 ican people want. They want us to con- HIV/AIDS. All worthy endeavors of our minutes to the senior member of the trol the way we spend their dollars. great Nation. Budget Committee, the gentleman We took a step when we cut taxes, as But President Bush and this Repub- from Kansas (Mr. RYUN). was pointed out just a minute ago. lican Congress, which have had com- Mr. RYUN of Kansas. Mr. Speaker, When you cut taxes across the board plete control of our Federal Govern- recently the Congressional Budget Of- and you let people keep more of what ment for 5 years, continue to refuse to fice released its economic and budget they earn, well, guess what is hap- answer the most basic, most obvious projections for the coming decade; and pening? They get to decide whether to and most necessary question: How do they reiterate what we already know, spend it, whether they want to save it, we pay for these plans and proposals? that is, that mandatory spending is whether they want to invest it; and The plain truth is, they do not pay growing at an unsustainable rate. when that happens, the economy be- for them. The plain truth is, the Presi- If we do not slow down the growth, gins to grow. dent and this Republican Congress we are going to have some very tough We have had 21⁄2 years of positive have pursued the most irresponsible choices in the years to come and the growth in the economy. What hap- fiscal policies in the history of our Na- days ahead, because the growth, by pened? The deficit has gone down be- tion, turning a projected $5.6 trillion 2030, is expected to continue at 60 per- cause more money comes into the surplus into a $4 trillion deficit today, cent. At a time when the economy is Treasury when the economy grows. a $9.6 trillion turnaround in 60 months. strong and growing, we cannot forget Then last year we took step two. We Now President Bush and this Repub- the problems of mandatory spending wrote a budget here in this House that lican Congress want to enact tax cuts, programs, that they loom very large. actually reduced nondefense spending even as we face record budget deficits In his State of the Union address, by one-half of one percent. That is the and debt brought about by their poli- President Bush warned that the retire- first time that has happened since Ron- cies, even as they prepare to ask for a ment of baby boomers will present fu- ald Reagan was President, and that is $780 billion increase in the debt limit, ture Congresses with impossible another giant step in the right direc- the fourth time they have done so. choices. And these are the choices: tion. Today’s budget bill is part and parcel staggering tax increases, immense def- Here we are now, step three. We are of the Republican Party’s free-lunch icit, or deep cuts in each category of looking at deficit reduction. And now philosophy. Our Republican friends spending.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 560 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Right now the House has a choice. poor, the elderly, the disabled, and The Senate bill also eliminated a $10 billion We can either begin to address the children covered by Medicaid. slush fund designed to entice HMOs to partici- growing entitlement by passing the Now, here are the specifics, and you pate in the prescription drug program. The Re- Deficit Reduction Act, or we can con- can see them on this chart right here. publican conferees dropped this provision, tinue to ignore the problem and leave The Senate cut $36 billion in overpay- providing another $10 billion gift to the HMOs those difficult choices for a future ments to HMOs and Medicare. That infor a total of $32 billion. date. cluded $26 billion in savings by more Finally, the Senate included a provision de- By passing the Deficit Reduction Act accurately calculating their payments. signed to get the best prices for Medicaid by today, the House is choosing to address The negotiators, without any help increasing rebates from drug companies for a that problem. The Deficit Reduction from anybody but the lobbyists, re- nearly $10 billion saving. That provision was Act will begin the process of reform in wrote the provision to save just $4 bil- dropped. mandatory spending and save the lion, providing a $22 billion windfall to Instead our Republican colleagues went American taxpayers $40 billion over the the HMOs. after the people who couldn’t afford to be in next 5 years. The American people The Senate also eliminated a $10 bil- that room—the Medicaid beneficiaries. elected us to Congress to spend their lion slush fund designed to induce Through a combination of benefit reductions, dollars wisely. We cannot assert that HMOs to participate in the prescription increased copayments and premiums, along doing our job as we have been allows drug program by overpayments. The with rules making it harder for the elderly to those programs to grow without re- Republican conferees dropped this pro- gain access to nursing homes, they saved $25 view. vision, providing another $10 billion billion. The Medicare program, for example, gift to HMOs, for a total of $32 billion. According to CBO, about 13 million Med- has run on autopilot for almost 40 Finally, the Senate included a provi- icaid enrollees will pay more to see their doc- years without any review. The Deficit sion designed to get the best prices for tor. CBO reports 80 percent of the savings Reduction Act will make important Medicaid by increasing rebates from from this provision will come from decreased changes to reform Medicaid and other drug companies for a nearly $10 billion use of services. So this bill will be adding to important programs to ensure that we saving. My good Republican colleagues the rolls of the uninsured—contrary to the goal are being responsible stewards of tax- dropped that provision too. of expanding coverage touted by President payers’ dollars. Instead, our colleagues on the Repub- Bush last night. It is important that the House, as we lican side went after the people who This bill is Exhibit A for special interests and begin 2006, that we show fiscal re- could not be represented in the room lobbyists writing legislation behind closed straint. It is also important in the and who could not afford to have cuts. doors at the expense of the ordinary citizen. House that we unite behind the concept Through a combination of benefit re- Vote ‘‘no.’’ that bigger government is not better ductions, increased copayments and Mr. PUTNAM. Mr. Speaker, I yield 3 government. And it is also important premiums, along with rules making it minutes to the gentleman from Geor- in the House that we pass the Deficit harder for the elderly to gain access to gia (Mr. DEAL). Reduction Act. nursing homes, they saved $25 billion. Mr. DEAL of Georgia. Mr. Speaker, if Ms. SLAUGHTER. Mr. Speaker, I They sweated it out of the hides of the we want to talk about who won and yield 3 minutes to the gentleman from poor and the unfortunate. who lost, let us talk about who did win. Michigan (Mr. DINGELL). According to the CBO, about 13 mil- It was not special interests. It was Mr. DINGELL. Mr. Speaker, my col- lion Medicaid enrollees will pay more those who qualify under the Family leagues have recalled that there was no to see their doctor. CBO reports that 80 Opportunity Act who for the first time conference on this important legisla- percent of the savings comes from the for families with disabled children who tion. Instead, my Republican col- decreased use of services. Look at what may be up to 300 percent of poverty leagues met behind closed doors with a they did. Vote against it. This is an will now be able to receive services. bevy of lobbyists for the health insur- outrage. That will be 115,000 children who are ance companies and the pharma- Mr. Speaker, my colleagues should recall disabled that will gain Medicaid cov- ceutical houses. there was no open conference on this impor- erage by 2015, according to CBO. Democratic Members were entirely tant legislation. Instead my Republican col- The Home and Community Based excluded from this. This is a product of leagues met behind closed doors to negotiate Services, the estimate is that another special-interest lobbying, and the an agreement among themselves and, appar- 120,000 enrollees will be able to take ad- stench of special interest hangs over ently, lobbyist friends. It was brought to the vantage of this, getting services in the Chamber as we consider it today. floor in the dead of night, and a couple of their own home or in their community, The bill was brought to the floor in hours later Members voted on it sight unseen. rather than having to go to a nursing the dead of night; and a couple of hours The Congressional Budget Office (CBO) home. later, the Members of this body voted now confirms what went on behind those With the program that is included of on it without ever having seen it, or closed doors. Special interests and their lob- money following the person, instead of without a copy of it ever having been byists who were well represented won—every- people having to go into a nursing printed. The Congressional Budget Of- one else was excluded and lost. home again, they will be able to have fice now tells us what went on behind The conferees had very important decisions services in their own home; and it is es- those closed doors in those secret to make in health care because the House timated that another 100,000 people are meetings. Special interests and their and Senate took very different approaches to going to qualify for that over the next lobbyists, who were well represented, the issue. The Senate elected not to harm 8- to 9-year period. won. Everybody else was excluded, and Medicaid beneficiaries, instead cutting over- So those are some of the people who everybody else lost. payments to Medicare HMOs and reducing are certainly going to be benefited. The conferees made important deci- payments to drug companies. Our House Re- Now let us talk about the program sions on health care, because the House publican colleagues instead chose to raise overall. Medicaid is a program that is and the Senate took very different ap- costs and cut services to working families, the out of control. Even with the reforms proaches to the issue. The Senate de- poor, the elderly, the disabled, and children of slowing it down by three-tenths of 1 cided not to harm Medicaid bene- covered by Medicaid. percent over the next 5 years, it is still ficiaries, instead cutting overpayments Here are the specifics: The Senate bill cut going to grow at an estimated 7 per- to Medicare HMOs and reducing un- $36 billion in overpayments to the HMOs in cent growth rate; and over the next 10 justified payments to drug companies. Medicare. That included $26 billion in savings years, we are going to be spending in Our Republican colleagues heard the by more accurately calculating their payments. State and Federal money $5.2 trillion. concerns of these special interests and But the negotiators rewrote the provision to Let us talk about some of the claims instead chose to raise costs and to cut save just $4 billion, providing a $22 billion that have been made during the time services to working families, to the windfall to the HMOs. we have been in recess that are without

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 561 substance and fact. One is with regard the budget, almost 70 percent of those publican side of the aisle would reject to copays. The Governors told us they savings are generated by increasing, by this very bad idea. wanted to be able to put some personal continuing the practice of forcing stu- Mr. PUTNAM. Mr. Speaker, I am responsibility back into the program dents and parent borrowers to pay ex- pleased to yield 2 minutes to the gen- and that copays were one way to do it. cessive interest rates, and in many tleman from Texas (Mr. HENSARLING), But we wanted to make sure that we cases by raising the interest rates on who also serves on the Budget Com- did not hurt the most vulnerable. the parents who then borrow additional mittee. As a result, there are no enforceable money to finance their children’s high- Mr. HENSARLING. Mr. Speaker, yet copays to be charged to beneficiaries er education. again we consider this historic piece of and families with incomes below the Many Members are standing up on legislation, and it is historic because Federal poverty level. In addition, the Republican side of the aisle and today we can begin the process of re- copays cannot be charged to a select talking about the courage that they forming out-of-control government group of individuals in these big cat- have to make these cuts. What is the spending. What happens if we listen to egories: mandatory children, individ- courage, what is the judgment, what is our Democrat friends who tell us we uals receiving adoption and foster care the morality of making it more dif- should fail to act? assistance, preventive care and immu- ficult for young people to achieve a Retiring Federal Reserve Chairman nizations, pregnancy-related services, higher education, to achieve an ad- Alan Greenspan has said, ‘‘As a Nation, hospice residents, institutional spend- vanced degree, to participate to the we may have already made promises to down populations, emergency services, fullest extent of their talents in the coming generations of retirees that we family planning services, women who American economy, and to participate will be unable to fulfill.’’ That is the qualify for Medicaid under the breast in the quest that the President had Democrat plan. and cervical cancer eligibility. asked for, to make our economy more The Brookings Institution has said Also one of the claims is that we innovative, more competitive in a expected growth on entitlement pro- would do away with the early screening globalized world? grams along with projected increases of children. It is specifically included I do not understand it. I do not unin interest on the debt and defense will in the plan that these children must be derstand the message of the President absorb all of the government’s cur- included in the so-called ESPDT pro- saying we want more of your children rently projected revenues within 8 gram regardless of whether the State to get more higher education, and then years, leaving nothing for any other elects to provide services in an op- the budget cuts today that say we are program. No more veterans programs, tional format or otherwise. going to make it $12 billion more ex- no more Federal student loans, no One of the other areas is with regard pensive for these children to do this. more low-income housing programs. to the reforms we have made in asset We are going to increase the fees on That is the Democrat plan. transfers, the so-called ‘‘millionaires parents that go into debt, on students The General Accountability Office on Medicaid.’’ Yes, we have tightened who go into debt. Most of those stu- has said that without reforms that we the rules, as we should do. But we have dents are working at jobs while they are going to have to double taxes on specifically made sure that anyone who are trying to get that education. But the next generation just to balance the is in a legitimate hardship area will that is what happens in this legislation budget. That is the Democrat plan. have an exclusion, and States are re- today. Mr. Speaker, during this debate we quired to provide a review process to Either the President has it right and are hearing a lot about budget cuts. make sure that that happens. you have it wrong, or the President Everybody is entitled to their own So we believe overall that the re- was not telling us the truth about what opinion, but they are not entitled to forms are needed. There are the kinds he truly wanted to do on behalf of in- their own facts. of reforms that the Governors have creasing math and science education, I looked up ‘‘cut’’ in the dictionary. asked us to make so that we can keep and advanced degrees in math, science It means to reduce. Yet, under this the program solvent; otherwise, as the and engineering. And yet we under- modest set of reforms, we see that Fed- Governors’ national representatives on stand the imperative of this being eral spending will grow at 4.3 percent a a unanimous basis told us in the com- done, because of the competition that year. What we call entitlement spend- mittee, if we do not, Medicaid over the we face from China, India, North ing will grow 6.3 percent a year. Med- long haul will be unsustainable. Korea, Japan, and other nations of the icaid will grow 7.5 percent a year. So therefore I urge you to adopt the world who now are graduating 300,000 TANF and other welfare programs will provisions that are included in this engineers in China and the same in grow at 8.5 percent a year, and the list bill. India, and we are graduating 70,000. goes on and on and on. Ms. SLAUGHTER. Mr. Speaker I Do we understand the imperative na- What we will cut if we do not pass yield 3 minutes to the gentleman from ture of getting these degrees done? Ap- this legislation is the family budget. It California (Mr. GEORGE MILLER). parently not. Because we are going to will be cut by $40 billion. That is $40 Mr. GEORGE MILLER of California. make it more expensive with this legis- billion that could help nearly 2 million Mr. Speaker, Members of the House, lation. Actually, you are going to families to make a down payment on a last night the President stood before make it more expensive, because I am new home. $40 billion could help almost this Nation and said that it was impor- not voting for this bill, because I un- 1 million families put a child through tant that we educate new math and derstand what parents and students go college. We need to realize that every science teachers and that we bring new through to try to figure out how to fi- time we increase the Federal budget we people to the math and science fields nance that education, and how they sit are cutting the family budget. Demo- and that America’s students start to around the kitchen table and figure out crats want to cut the family budget, study math and science and engineer- the sacrifices that they can make. double taxes on our children and call ing so that America can remain com- The better idea that the Republicans that compassion. petitive in the world. have is that they are going to make it We need to adopt this rule. Today, we vote to make student more expensive for students to go to Ms. SLAUGHTER. Mr. Speaker, I am loans far more expensive for those stu- college, an idea that we ought to re- pleased to yield 2 minutes to the gen- dents who take up the President’s chal- ject; and I would hope that others on tlewoman from Connecticut (Ms. lenge. We make it more expensive for the Republican side of the aisle would DELAURO). those students, and we make it more reject this very bad idea. Ms. DELAURO. Mr. Speaker, it seems expensive for their parents. Of the $12 the House has voted on this legislation billion, the $12 billion, the largest cuts b 1515 countless times, and people may be in the history of the student loan pro- It is an idea that we ought to reject, wondering what has changed about this gram that this legislation takes out of and I would hope that others on the Re- conference report since the House

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 562 CONGRESSIONAL RECORD—HOUSE February 1, 2006 passed this bill at 6:00 in the morning The Deficit Reduction Act estab- I urge all my colleagues to support late last year. lishes a timeline for phasing out over- the Deficit Reduction Act. This is it. Here is what has changed. payments to Medicare advantage plans. Ms. SLAUGHTER. Mr. Speaker, I This is a Washington Post article: The Secretary of HHS had already pro- yield 2 minutes to the gentlewoman Closed door deal makes $22 billion dif- posed correcting those payment levels from California (Ms. SOLIS). ference. The Washington Post reported but had not set a timeline. Until the Ms. SOLIS. Mr. Speaker, today I rise last week the Republican leadership Secretary acts, Medicare is currently in strong opposition to this misguided met with lobbyists behind closed doors paying too much to those Medicare ad- and irresponsible bill. to restore a $22 billion slush fund for vantage plans, and the Deficit Reduc- Just last night President Bush spoke HMOs, a slush fund that the Senate had tion Act sets the timeline for the Sec- about working together to build pros- the decency to drop from this legisla- retary to fix it. perity for our country, but this legislation. As one health care lobbyist said, The simple explanation for the $22 tion pays for the prosperity of the rich- ‘‘$22 billion is a lot of money.’’ billion reduction in CBO score is that est, the wealthiest in our society while But instead of foregoing this latest the Deficit Reduction Act assumes that cutting vital services to very needy in- example of corporate welfare, Repub- once the payment system is fixed over dividuals. licans have instead put these cuts on the next 5 years the Secretary will Since President Bush has been in of- the backs of those who cannot afford have the good sense to keep paying fice, the number of Americans in this lobbyists. These include poor children them at the proper level. country living in poverty has grown by and working families who will face new So it is incorrect to say that there 6 million people. In total, 13 million costs and higher premiums, reducing was a $22 billion giveaway. CBO’s esti- children, including 4.7 million children care for 1.6 million Americans and mate assumes that the Secretary will under the age of six, now live in pov- kicking over 65,000 Americans, mostly revert to overpaying those same peo- erty because of this administration. whom have kids, off of Medicaid. Oth- ple. Health care costs have risen by 60 ers who will be off of Medicaid are Mr. Speaker, I am pleased to yield 2 percent, and the number of uninsured working but do not receive health care minutes to my good friend from Indi- keeps skyrocketing. More than 13 mil- through their employer. This, less than ana (Mr. PENCE). lion Latinos alone continue to be unin- 24 hours after the President’s call to Mr. PENCE. Mr. Speaker, I thank the sured. expand health care in his State of the gentleman for yielding me the time. The cost of college education in- Union address. I rise in strong support of the rule creased by 40 percent because of this $22 billion is a lot of money, enough and of the Deficit Reduction Act. It is administration’s misguided approach, to restore the $12.7 billion in student an important first step toward restor- forcing typical students to borrow loan assistance cut from this legisla- ing public confidence in the fiscal in- $17,000 in Federal loans and leaving al- tion, the $1.5 billion of cuts to child tegrity of our national government. most 40 percent of student borrowers in and foster care support, and the $7 bil- 2005 will be remembered as a year of unmanageable debt. lion of cuts in health care for families. good intentions, bad disasters and Yet this bill cuts another $40 billion Some may look at this brazen exam- promises kept. Congress early last year in vital programs, Medicaid, Medicare, ple of cronyism at its worst, at all the adopted the toughest budget since the student loans, and protects more than indictments and plea bargains we have Reagan years and, under the leadership $70 billion in tax breaks for the seen, and say, well, that is just the way of the Appropriations Committee, re- wealthy. These programs are critical, Washington works. That is how Wash- ported one bill after another on time not just to low-income people but to ington operates today under Repub- and on budget. the working class Americans of this lican leadership and a Republican ad- And then came Katrina, 90,000 square country. ministration. miles of our gulf coast destroyed and The reality is that this legislation But that is not the way that it ought $60 billion appropriated in just 6 days. will do very little to reduce the budget. to work. Regardless of which party is After the storm, many here in Congress It will do nothing to help the most vul- in power, the people’s business ought thought that fiscal discipline was the nerable in our society, and it will do never to be made and done behind last thing that Congress should be nothing but continue on the wrong closed doors, much less critical budget thinking about, preferring to raise path, down the wrong road. Working decisions that can mean life and death taxes or increase the national debt in- men and women and children will con- for some families. stead of making tough choices, but not tinue to fall, and our senior citizens The American people deserve better this majority. will also be caught up in that net. from this body. It is time we gave them Seeing that a catastrophe of nature The bill is not compassionate, it is a reason to expect better. could become a catastrophe of debt, not decent, and I do not support this PARLIAMENTARY INQUIRY dozens of House conservatives chal- legislation. I urge my colleagues to Mr. FORD. Mr. Speaker, parliamen- lenged our colleagues to offset the cost please protect the health and well- tary inquiry. of Hurricane Katrina with budget cuts, being of our citizens and to oppose this The SPEAKER pro tempore (Mr. and I will always believe that that ef- legislation. SIMPSON). The gentleman may inquire. fort sparked a national debate that led Mr. PUTNAM. Mr. Speaker, I am Mr. FORD. Mr. Speaker, I have heard to this moment. pleased to yield 2 minutes to the gen- all the debate and I am curious. To my The American people wanted Wash- tleman from California (Mr. ROYCE). friend Mr. PUTNAM, the President just ington to pay for Katrina with budget Mr. ROYCE. Mr. Speaker, I thank the left Nashville, and out of curiosity does cuts, and Washington got the message. gentleman for the time. the President know that you all are in- In direct response to the call for cuts, For those of us that are deficit hawks troducing this after what he said last Speaker Dennis Hastert unveiled a bold and have pushed this bill to cut spend- night? plan which we consider today to find ing by $40 billion, I think it is impor- The SPEAKER pro tempore. The gen- cuts from every area of the Federal tant to recognize that between 1995 and tleman has not stated a proper par- Government, and the Hastert plan, 2005, we have seen spending swell on liamentary inquiry. with nearly $40 billion in entitlement the part of the Federal Government Mr. PUTNAM. Mr. Speaker, I yield savings, becomes a reality. from $1.5 trillion to $2.5 trillion. We myself such time as I may consume. So, Mr. Speaker, for Americans trou- have seen it go up $1 trillion in 10 I would like to correct the gentle- bled by a rising tide of red ink here in years, and we could cooperate I guess woman from Connecticut with regards Washington, D.C., 2006 begins with rea- to push it up another trillion, but let to the Washington Post article. As is son for optimism, as this Congress me explain my concerns with the na- common in this media culture of get- demonstrates the ability to make tional debt that is past $8 trillion and it-fast instead of get-it-right, there was touch choices in tough times to put our a deficit that is projected to hit $337 no lobby fix. fiscal house in order. billion.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 563 If we fail to confront this challenge Speaker, and recoup every single Med- care and give the HMOs a $22 billion of ever higher spending, crowding out icaid cut that is made. additional hit for their slush fund and the private sector, then the coming And I am sure my friends on the give pharmaceutical companies every- decades will be very difficult. Our other side will say, well, yes, we need thing they need. standard of living will decline, and we to cut Medicaid. Understand who goes This budget maintains the status will become a much more vulnerable on Medicaid. It is not the people who quo. It says of the last 6 years, if you country. This Deficit Reduction Act, are sitting in this Chamber or our fam- like the economy you have, if you like this $40 billion, is a good start. ilies. It is people who are crushed at the investments you have, we will give I think that we recognize that Amer- the poverty line or near the poverty you two more years to sign on for that. icans, if they ran their personal fi- line. They are the ones whose wages It is time for a change. It is time for nances the way the Federal Govern- have been frozen. This budget would a new direction. It is time to put the ment has been run, we would be close make them, 13 million of them, pay American people first by investing in to bankruptcy. I think Americans rec- more than they do today for the cost of their education, their health care, and ognize it is time for belt tightening, Medicare. And it is projected it would child support collection. It is not just and I think they know that an attempt put 60,000 of them off the Medicaid rolls the poor that are being affected. This to just keep increasing the public all together. budget and these cuts affect the middle sphere at the expense of the private The one word we have not heard in class. sphere and increasing taxes as a result this debate, and it ought to inform it, As my colleague from Alabama said, is not the answer. is not just the word ‘‘tough’’ but the we have heard the word toughness, but We need fiscal restraint. We need word ‘‘fair.’’ we have not heard the word fairness common sense when it comes to the Mr. PUTNAM. Mr. Speaker, may I in- from you. It is not every American in budget. The future of all Americans de- quire as to the time remaining on each the boat. This is a narrow budget that pends on an economy free of crippling side. divides America, rather than unites deficits, free of crippling tax hikes and The SPEAKER pro tempore (Mr. America. free of a skyrocketing national debt. SIMPSON). The gentleman from Florida While Americans are struggling with It is incumbent on all of us that we (Mr. PUTNAM) has 81⁄2 minutes remain- wages and incomes that have been step up to the plate and take responsi- ing and the gentlewoman from New stagnant for 5 years, with rising health bility for the Nation’s future and that York (Ms. SLAUGHTER) has 71⁄2 minutes care costs, rising college costs, and ris- immediate future holds frankly a mas- remaining. ing energy costs, you guys cut children sive cost that I think all of us know is Mr. PUTNAM. Mr. Speaker, I reserve on college assistance, nutrition, health before us because we have a generation the balance of my time. care, and child support. When it comes of baby boomers that are set to retire. Ms. SLAUGHTER. Mr. Speaker, I am to women and children, you give a If we are to ensure the long-term sol- pleased to yield 21⁄2 minutes to the gen- whole new meaning to women and chil- vency of Medicare and Social Security tleman from Illinois (Mr. EMANUEL). dren first. It is time to put the Amer- then we must ensure not only that the Mr. EMANUEL. Mr. Speaker, last ican people first and to set new prior- budget is balanced but that we begin to night the President said that in order ities and change the direction. pay down our enormous national debt. to keep America competitive, we need Ms. SLAUGHTER. Mr. Speaker, I Ms. SLAUGHTER. Mr. Speaker, I to invest in America. So what is the yield 2 minutes to the gentleman from yield 2 minutes to the gentleman from first thing the Republican Congress Ohio (Mr. RYAN). Alabama (Mr. DAVIS). does? It cuts $12.5 billion from college Mr. RYAN of Ohio. Mr. Speaker, I Mr. DAVIS of Alabama. Mr. Speaker, assistance for kids who are trying to go thank the gentlewoman for yielding me a number of us believe that there is no to college. It is a fascinating way to in- this time. finer orator in the House than my vest in America’s competitiveness and This is kind of funny. It keeps hap- friend from Indiana who runs the Re- the future. I wonder why nobody else pening. Any time we are having this publican Study Committee. I wish he has thought of that. debate, we hear words or phrases like were still here because I was struck by This is the Republican Congress ‘‘fiscal integrity’’ and how we are mak- some words he used. where the rhetoric of the President last ing these cuts because we are going to He said that this was the toughest night meets the Republican reality. We ‘‘balance the budget.’’ No one is bal- budget since Reagan. He said that we kept $14.5 billion in subsidies to big oil ancing any budget here. Who are we were in very tough times and this and big gas companies, $22 billion in kidding? We are borrowing the money, budget was laden with tough choices. subsidies to the HMO slush fund, and billion upon billion upon billion, from Where my good friend and my very $49 billion for the pharmaceutical in- the Chinese to fund tax cuts that are eloquent friend from Indiana was mis- dustry, all the while we cut $12.5 bil- going primarily to the top 1 percent of taken is who are we tough on. If this lion from children trying to go to col- the people. was truly the toughest budget in 20 lege, $8 billion from child support col- You are making cuts that are hurting years, if it had sacrifice all across the lection, and $16 billion from Medicaid. middle-class and poor kids. That is the board, there would be support for it We increased copayments and pre- fact. I am not making this up. But if from the more conservative Members miums leaving thousands of children we try to talk about cutting the energy on this side of the aisle. If this were without children’s health care; but we subsidies or cutting the subsidies to truly a budget that made tough choices kept in place the subsidies to big oil, the HMOs or asking simple things like and directed those choices at all of our big energy companies and big health having the Secretary of Health and people and not some of our people, care interests. What has happened in Human Services negotiate the drug there would be significant support for America? prices on behalf of the Medicare recipi- it from the conservative side of this We have seen a 38 percent increase in ents, or asking for reimportation for aisle. college costs in the last 5 years under drugs coming in from Canada to help the Republican watch, and you guys lower the price, we cannot even hear a b 1530 cut $12.7 billion from kids going to col- word from the Republican majority on There is a reason why there is not. lege in assistance. We have seen a 78 these issues. Because it is not tough on everybody. percent increase in the cost of energy; I had a meeting the other day with a The average person, Mr. Speaker, yet you subsidize Big Oil with $14 bil- school board member from Youngstown earning over $1 million a year, the peo- lion in taxpayer subsidies. We have city schools. And I asked him, I said, ple who will benefit so handsomely seen a 58 percent increase in health how many kids live in poverty in this from the President’s tax cuts, will get care premiums, $3,600 to the average school district? He said, 90 percent. a tax cut this April 15 of $103,000. You family in America. So what do you do? Ninety percent of the kids that go to could lower that number to $90,000, Mr. You cut 6 million children from health school in Youngstown city schools live

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 564 CONGRESSIONAL RECORD—HOUSE February 1, 2006 in poverty. And I asked him how many me. That cut was from $103,000 to ments. That is the reality of what we qualify for free and reduced lunch, to $90,000. are doing here this afternoon. maybe get another number. He said, we Mr. FORD. And that is still a tax cut; Ms. SLAUGHTER. Mr. Speaker, may don’t even hand out the form any more is that right? I inquire how much time remains on because it costs us more to administer Mr. DAVIS of Alabama. It is still a my side. the form and the program than to just tax cut, and it would yield approxi- The SPEAKER pro tempore. The gen- give it to everybody. mately $2.6 billion, enough to recoup tlewoman from New York has 1 minute Ninety percent of the kids in Youngs- the Medicaid cuts. and 10 seconds remaining. town and you are cutting $12 billion And I make that point, Mr. FORD, Ms. SLAUGHTER. Mr. Speaker, I from giving these kids an opportunity simply because last night we heard the yield 10 seconds to the gentleman from to go to college? No Child Left Behind President tell us that we are all bound Alabama (Mr. DAVIS). is underfunded in Ohio $1.5 billion a together in this long twilight struggle Mr. DAVIS of Alabama. In 10 sec- year, just in Ohio alone, while some of against terrorists around the world. onds, for the 13 million families who these other countries are graduating And if we are all bound together to face will have to pay more money for health much higher percentages of kids in terrorists around the world, it is very care, that is a cut. Because that is less math and science. interesting that a day later we sever a money they can use on food that now Let us wake up. We need these kids lot of those bonds when it comes to they are having to use on health care. on the field competing in a global econ- whether we care about education or And these are the poorest people in our omy, and you will not get them there whether we care about health care. country, Mr. PUTNAM. by cutting education and cutting The President had it right last night. Mr. PUTNAM. Mr. Speaker, I am health care. You want to compete with Either we are connected to each other pleased to yield such time as he may consume to the gentleman from Iowa China? You want to compete with or we are not. And that is where this (Mr. NUSSLE), the distinguished chair- India? Fund these programs. budget is so wrong. We are not saying you don’t need to Mr. FORD. So, Mr. Speaker, so if mil- man of the Budget Committee. Mr. NUSSLE. Mr. Speaker, I thank change some things, and we are willing lionaires took a $65,000 tax cut as op- the gentleman for yielding me this to work with you to do it, but for God’s posed to a $103,000 tax cut, we could time. sake don’t cut programs to kids living pay for the student loan program. It is interesting to listen to my col- in poverty and middle-class kids. You Mr. PUTNAM. Mr. Speaker, both of leagues who talk about the President’s are cutting their health care, you are the gentlemen are very eloquent, ex- suggesting we invest in America and cutting their education, and you are cept they miss the overall point, which somehow they heard government only giving tax breaks to rich people. Pe- is that we are debating the technical invest in America. Isn’t that inter- riod, dot. amendments to what the House passed esting? Mr. PUTNAM. Mr. Speaker, I con- long before the President’s State of the I can tell you that my folks that I tinue to reserve the balance of my Union speech. represent in Iowa, when they hear in- time. The three changes that were made by vest in America or invest in Iowa or in- Ms. SLAUGHTER. Mr. Speaker, I the Senate, that we are dealing with 1 vest in your community, they think yield 1 ⁄2 minutes to the gentleman today and that are different than what that means them. They think that from Tennessee (Mr. FORD). we have already voted on as a body, means Americans investing in Amer- Mr. FORD. Mr. Speaker, I thank the deal with a value-based purchasing re- ica. gentlewoman for yielding me this time, port, a MedPAC report, MedPAC being Unfortunately, we actually have peo- and I want to first of all congratulate the Medicare Payment Advisory Com- ple, ladies and gentlemen, who believe TIM RYAN, because I think he framed mission, and medical liability. Three that when somebody says invest in this debate as clearly as he should, and items that, for technical rule reasons America, what that means is take as clearly as it has been today, along in the Senate, were stripped, causing money from Americans, take it to with both ARTUR DAVIS and RAHM the bill to be sent back over here. Washington, invent fancy programs, EMANUEL. The timing of this, situated as it is fill fancy white buildings full of bu- Mr. Speaker, I will yield to Mr. DAVIS the day after the President’s State of reaucrats, create all sorts of bureauc- to finish his point, but before doing the Union, is irrelevant to the overall racy and red tape and paperwork, and that, the only point I wanted to make issue. We have already voted on this have those bureaucrats, with our bless- is that I thought I heard the President except for these three changes. ing, invest in America. say all these things last night about Mr. Speaker, I reserve the balance of Now, I do not know about you, but I making investments to make the coun- my time. heard it a little differently last night. try more competitive. And I just don’t Ms. SLAUGHTER. Mr. Speaker, I The President and I, and those of us know if he knows you all are doing this yield 20 seconds to the gentleman from who agree with the plan that we have today. Maybe we should call him and Tennessee (Mr. FORD). adopted this year, believe in and trust let him know. I am going to send him Mr. FORD. Mr. Speaker, just for the that people make better decisions something, along with ARTUR and gentleman from Florida, you are say- about their daily lives and the invest- RAHM and TIM, to let him know what ing that these cuts that are being ment in their businesses and their fam- we have done, and maybe he won’t sign talked about today are imaginary, or ilies and their communities much bet- this if and when it arrives on his desk. are they real? And I would be happy to ter than the government can for them. I want to clarify something my col- yield to the gentleman. Are they imag- We have a plan. That plan calls for league, ARTUR DAVIS from Alabama, inary cuts or real cuts? Maybe we have growing the economy by letting people said. He said if we cut the tax cut that got the wrong bill. make those decisions with their will go to millionaires this year, it is Mr. PUTNAM. Mr. Speaker, will the money. We talk about money out here an average of $103,000. So if you earn $1 gentleman yield? all the time as if it is our money. It is million and you are watching, listen Mr. FORD. I yield to the gentleman not our money. Ladies and gentlemen, closely. If not, it doesn’t affect you. from Florida. this is the taxpayers’ money. They are You get a $103,000 tax break if you are Mr. PUTNAM. Under your definition, the ones who earn it. They are the ones a millionaire. If we cut it to $90,000, sir, people continue to get more money who sweat for it. They are the ones what can you do? year after year after year and it is a who are concerning themselves every Mr. DAVIS of Alabama. Mr. Speaker, cut. Under your definition. day about ensuring that they can sup- will the gentleman yield? Mr. FORD. Reclaiming my time, Mr. port themselves, let alone being able to Mr. FORD. I yield to the gentleman Speaker, I love Mr. PUTNAM, but he send a little bit of it out here. from Alabama. knows he is wrong. And the reason why we believe, and Mr. DAVIS of Alabama. Mr. Speaker, Mr. Speaker, we are making cuts. it has worked, that we believe that re- I thank my colleague for yielding to The President asked us to make invest- ducing taxes actually helps us grow the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 565 pie is because the facts are in. In the speaker that the President last night, ury than any other initiative you can last 17 quarters, as a result of us reduc- while they love to quote him about ev- name. No tax cut, no tax credit, no ing taxes, our economy has grown. erything else, also said second guessing anything, nothing brings more to the We have heard people come out here is not a plan, is not a strategy. If you Treasury of the Government than in- today to say when you cut taxes it have got a plan, if you have a strategy, vesting in the education of our people. means the government is going to have we would love to see it. But thus far we So these were not only wrong cuts in less money. It is exactly the opposite. have not seen it. We have a plan. It is terms of competitiveness, they also in- I think we need some of the President’s working. We need to adopt it today, crease the deficit. science and math education for maybe and we need to get about the business Last night the President said in his even some of us. Because every time in of reforming this government, achiev- State of the Union address, ‘‘A hopeful our history that we have reduced taxes, ing savings and ensuring that the tax- society gives special attention to chil- the math shows us that the economy payers are supported in this body. dren.’’ Now I would like to know what grows and actually more revenue Mr. PUTNAM. Mr. Speaker, I reserve kind of attention that the President is comes into the Treasury. Last year was the balance of my time. giving to the children because the the largest increase in revenue to our Ms. SLAUGHTER. Mr. Speaker, I truth is this budget today slashes fund- Treasury, in a year when we reduced yield the balance of my time to the ing to help care for America’s poorest taxes. Now, you cannot explain that gentlewoman from California (Ms. children. It drastically cuts funding for unless you understand basic economics. PELOSI), the distinguished minority the initiative that enforces the pay- Our plan calls for growing the econ- leader. ment of child support. Others have omy and reducing spending, and that is Ms. PELOSI. Mr. Speaker, I thank talked about nutrition, and of course exactly what we did this last year. We the distinguished ranking member on good nutrition has a direct impact on the Rules Committee for her leadership held the line on nondefense, nonhome- the education of these children. in fighting the fight for a budget that land security spending because we The truth is that this budget is an is a reflection of the values and prior- wanted to protect our country, but we exact contradiction of the rhetoric ities of the American people and her knew we had to reform spending in the that the President presented last leadership in opposition to what the re- discretionary accounts. night. ligious community has called this im- Now let us look at the title of it. It b 1545 moral Republican budget. is called the Budget Reconciliation Mr. Speaker, yesterday and later Mr. Speaker, today marks the oppor- Spending Cuts Act. Yet the truth is the today we will continue the debate on a tunity to close the books on this proc- policies in this budget will increase the resolution honoring and celebrating ess, reform government spending. deficit by $300 billion, heaping moun- the life and service and leadership of Let me remind you what kind of gov- tains of debt on our children, and the ernment we have got. In so many in- Coretta Scott King. One of the stories I like best about sad truth is all of this to pay for a tax stances, we have what I believe is an cut for the wealthiest people in our ineffective Katrina bureaucracy. We the Kings is in the 1950s they traveled to India to learn more about non- country. saw a little bit of that down in the gulf violence, the nonviolence practiced by Republicans will try to say to defend coast, but what we all know is that Mahatma Gandhi, and they brought these measures, as evidence of their so- same Katrina mentality and bureauc- that back to America and it was a called fiscal responsibility, that this is racy permeates so much of our bu- major part of the civil rights move- about small government. But the fact reaucracy here in Washington. Unless ment. is, the truth is, that this is not about we constantly are vigilant about ensur- Why I mention it today is because in small government, this is about small- ing that we reform government at all Sanskrit the name for nonviolence is minded, petty government that does levels, we are never going to get our also translated ‘‘truth insistence.’’ not meet the needs of the American arms around fiscal discipline and fiscal Wasn’t that what the civil rights move- people. responsibility. ment was about, the insistence on Republicans will try to defend these Finally, this achieves savings, not truth in our country? Truth insistence measures again by calling for fiscal re- cuts, not gouging people. My goodness, is exactly what is required when we sponsibility, and I would like to talk the kind of rhetoric you hear out here. talk about the Republican budget. about the $42 billion difference. It has We are trying to make a modest reduc- Last night in the State of the Union been widely reported that this bill had tion, giving people at the local level, address we heard a great deal of rhet- a chance, there was an opportunity to our Govenors and our authorities at oric about investments the President reduce excessive Medicare payments the State level some flexibility so they was going to make in education, re- that the Federal Government makes to can deliver a much better product for search and development, and you name big business HMOs because of a loop- the people that we care about and are it. But that rhetoric is a far cry from hole in the law. There was bipartisan concerned about. These programs need the reality of the budget that the Re- agreement that this would take place. our reform. You cannot assume be- publicans are bringing to this floor But in a closed-door meeting the Re- cause you have always done it one way, today, which not only does not make publicans eliminated that, and they just continuing it without this kind of those investments in the manner de- gave a $22 billion bonanza to the HMOs, oversight and reform will continue to scribed by the President, it indeed cuts and this at the expense of America’s get good results. them. children and those in need. These programs have gotten good re- Last night in the State of the Union We also were going to get better drug sults in many instances, but too many address the President talked about the prices for Medicaid, and this relates to of them are not achieving the results importance of educating our children the children, from drug manufacturers we need. We need those results. We can to help keep America competitive. But and eliminate a Medicare slush fund achieve savings. We have a plan to ac- this budget today tells a different for managed care. By doing those two complish it. It allows us to do so by story. The truth is the budget follows things, we were going to save the tax- growing the economy, and I believe it the track record of woefully under- payers another $20 billion. So it was a is a fiscal plan that will continue to funding No Child Left Behind. It in- $42 billion difference in this budget, at get us the success that we have seen. creases the cost of student loans to the expense of children and seniors to In the last 2 years, we have experi- America’s families who are struggling the benefit of the industries to whom enced $200 billion of deficit reduction to send their children to college. How the Republicans in Congress are as a result of this plan. I have no doubt can that help make America more handmaidens. we will hear from one more speaker competitive? In the conference committee, with- that will second guess everything that Every time we invest in education, out a single Democrat in the room be- we have done, and I will remind that we bring more revenue into the Treas- cause Democrats were not allowed in

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 566 CONGRESSIONAL RECORD—HOUSE February 1, 2006 the room, this $42 billion worth of sav- I urge Members to support this first tion 1937. CMS will review each State plan ings disappeared from the budget. The step towards long-term fiscal discipline amendment (SPA) submitted under the new $42 billion difference, that is the dif- and fiscal health for this Nation. section 1937 and will not approve any SPA ference between a closed and corrupt Mr. FARR. Mr. Speaker, for the third time, that does not include the provision of EPSDT services for children under 19 as de- Congress and an open and honest Con- I rise in strong opposition to the Deficit Reduc- fined in section! 905(r) of the SSA. gress. tion Act (S. 1932). This is a second chance to In the case of children under the age of 19, Since Democrats did not get a seat at right a wrong and I urge my colleagues to vote new section] 937(a)(1) is clear that a state the table in the writing of this bill, wisely. With a deficit of more than $300 billion may exercise the option to provide Medicaid who did? America’s low-income chil- in 2005, there is little question that something benefits through enrollment in coverage that dren did not get a seat at the table, and needs to be done about the federal budget. at a minimum has two parts. The first part But S. 1932 is nothing more than smoke and of the coverage will be benchmark coverage they are paying the price in their edu- or benchmark equivalent coverage, as re- cation, their health care and child sup- mirrors because it will actually increase the quired by subsection (a)(1)(A)(i), and the sec- port. deficit. Let me explain. ond part of the coverage will be wrap-around America’s seniors did not get a seat I’ve heard loud and clear from my constitu- coverage of EPDST services as defined in at the table because the bill makes it ents that they do not support this slash and section I905(r) of the SSA, as required by harder for seniors to qualify for long- burn budget. They do not want over $11 billion subsection (a)(J)(A)(ii). A State cannot exer- term care, and even forces some to for- in cuts to student loans or $6.4 billion in cuts cise the option under section 1937 with respect to children under 19 if EPSDT services feit their homes in order to pay for to Medicare, particularly at this time when the prescription drug plan is failing miserably. We are not included in the total coverage prolong-term care. vided to such children. The truth is the drug manufacturers, already have a shortage of doctors on the Subparagraph (C) of section 1937(a)(1) per- managed care companies and HMOs Central Coast who accept Medicare patients, mits states to also add wrap-around or addi- clearly get a seat. They came up the and this Republican-drafted bill freezes physi- tional benefits. In the case of children under big winners with the special interest cian payments for doctors who accept Medi- 19, wrap-around or additional benefits that a state could choose to provide under subpara- driven Medicare prescription drug bill care patients. This misguided attempt at deficit reduction will further exacerbate our physician graph (C) must be a benefit in addition to the that was foisted on America’s seniors, benchmark coverage or benchmark equiva- and they came up big winners in this shortage. This kind of penny-wise pound-foolish legis- lent coverage and the EPSDT services that budget bill. It would be nice if Amer- the state is already required to provide ica’s children and seniors had a seat at lation translates into a greater strain on state under subparagraph (A) of that section. Sub- the table instead of big business. and local resources. And when our state, paragraph (C) does not in any way give a county and local governments cannot pick up My colleagues, the truth is that, as state the flexibility to fail to provide the the slack, families and children will only be left EPSDT services required by subparagraph our friends in the religious community, with smoke and mirrors. I urge my colleagues (A)(ii) of section 1937(a)(1). almost every religious denomination in to stand up for middle class Americans and the country, has been lobbying against Mr. THOMAS. Mr. Speaker, I submit the fol- defeat this bill. ECORD this legislation. They call it a budget lowing for the R . Mr. SHAYS. Mr. Speaker, it is my under- Mr. Speaker, we are here once again to deprived of spiritual hope and of nour- standing that there has been some confusion pass the Deficit Reduction Act. The House ap- ishing resources. That is the truth about Congress’s intent regarding the new proved it in December, but another vote is re- about the Republican budget and the section 1937 of the Social Security Act, as quired due to technical changes made in the Democrats insist that the public know added by the Deficit Reduction Act. This provi- Senate. This bill is an important step in remov- it. I am very proud that we will have sion will give states the flexibility they need to ing wasteful and unnecessary spending from 100 percent of our Democratic Members provide benchmark benefit packages for Med- the budget. Certainly, more can always be voting ‘‘no’’ on this immoral budget. icaid beneficiaries. Congressional intent is done, but this compromise legislation is a first Mr. PUTNAM. Mr. Speaker, I yield clear, however, that a State may not fail to step on what will be a long road of getting our myself the balance of my time. provide Medicaid Early and Periodic Screening mandatory spending programs under control. Mr. Speaker, once again the other Diagnostic and Treatment (EPSDT) services The Conference Report reduces the deficit by side is trying to have it both ways. In for children. more than $35 billion over the next five years, alternating speaker form, we are in To address this confusion, the Centers for nearly $8 billion of which falls into the Ways turn told we are awash in a sea of red Medicare & Medicaid Services (CMS) has and Means Committee’s jurisdiction. ink and that this measure is not ade- issued a statement that clarifies section 1937 Under this Conference Report, the Contin- quate to deal with the deficit, and then to specify that States requesting benchmark ued Dumping and Subsidy Offset Act, com- the next speaker says we have consist- benefits will be required to provide EPSDT monly known as the ‘‘Byrd amendment,’’ will ently underbudgeted for the Nation’s services for children. I submit for the RECORD be permanently repealed, after a brief two- priorities and have not spent anywhere the CMS statement to help clarify Congres- year phase out. The Byrd amendment is not a nearly enough money for all of the sional intent regarding this provision. trade remedy; it is corporate welfare which things that they would like to see STATEMENT BY MARK B. MCCLELLAN, M.D., benefits very few companies and results in spent. PH.D., ADMINISTRATOR, CENTERS FOR MEDI- negative consequences for many domestic Their metaphors are as limitless as CARE & MEDICAID SERVICES manufacturers—as recently identified by the their desire to spend the hardworking Questions have been raised about the new Government Accountability Office. In addition, Americans’ money in the sense we have section 1937 of the Social Security Act (SSA) it is inconsistent with U.S. international trade heard that we are going to throw away (as added by the Deficit Reduction Act of obligations. Repealing the Byrd Amendment is Tiny Tim’s crutches when we did this 2005) that permits states to provide Medicaid the only way to end retaliation against U.S. at the end of last year, we were told benefits to children through benchmark cov- exports resulting from this violation. that we were the Grinch, and we were erage or benchmark equivalent coverage. If a This legislation will reduce wasteful federal state chooses to exercise this option, the spe- quoted to extensively from literary and cific issue has been raised as to whether chil- spending by eliminating a loophole that cur- historic figures, and the bottom line is dren under 19 will still be entitled to receive rently allows states to claim federal matching this: We have an explosion of baby- EPSDT benefits in addition to the benefits funds for spending federal child support incen- boomers in this country that will cre- provided by the benchmark coverage or tive funds. The incentive payments will con- ate a demographic crisis and we have benchmark equivalent coverage. The short tinue, providing states a total of $2.4 billion an explosion on the mandatory side of answer is: children under 19 will receive over the next five years. But states won’t get our budget that will consume two- EPSDT benefits. additional federal funds when they spend thirds of it within less than a decade. After a careful review, including consultation with the Office of General Counsel, CMS these federal bonuses, thus ending this double Already half of the Federal budget is has determined that children under 19 will dipping. It is also important to note that this on autopilot. This is the first step since still be entitled to receive EPSDT benefits if conference agreement maintains the current 1997 in beginning to get our arms enrolled in benchmark coverage or bench- generous federal matching rate of 66 percent around that problem. mark equivalent coverage under the new sec- for child support administrative expenditures.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 567 This Conference Report would also address need to obtain a decent paying job. Work re- working Americans and the poorest among us. some of the wasteful spending in Medicare quirements without the support of education It ignores the idea of shared sacrifice the while improving quality in the program. For in- and child care fail to address the real needs American people expect and deserve. stance, under the legislation, Medicare will pay of the working poor. My constituents in Sacramento are out- for service and maintenance of beneficiary- Mr. Speaker, this issue is too important to raged—I have received hundreds of phone owned durable medical equipment when re- be buried in a budget conference report. I calls and I have stacks of letters; they are as- pairs are actually required, as opposed to cur- urge my colleagues to oppose this bill and tounded that this bill would cut funding for rent law, which pays regular service payments give the reauthorization of TANF the careful Medicaid, student loans and child support en- regardless of whether the equipment is actu- consideration it deserves. forcement in order to finance up to $70 billion ally serviced. The bill also allows beneficiaries Mr. TOWNS. Mr. Speaker, I rise today in in tax cuts. Clearly, they have good reason to to own their oxygen equipment after 36 strong opposition to the Budget Reconciliation be outraged. In fact, I completely agree with months of rental, while still providing coverage Conference Report. The draconian slashes them. of necessary service and maintenance of that presently included in the report will cause seri- For instance, according to the Congres- equipment. ous harm to the millions of low-income chil- sional Budget Office, the budget package will To improve quality, the legislation includes dren and families, elderly and disabled individ- cut Medicaid funding by $28 billion over the provisions to encourage hospitals to follow evi- uals who rely on Medicaid for essential health next decade and impose new co-payments on dence-based guidelines that can reduce the and long-term services and Supplemental Se- participants. The result will be that 65,000 indi- incidence of preventable hospital-acquired in- curity Income (SSI) and Temporary Assistance viduals will stop participating in Medicaid over fections. for Needy Families (TANF) for critical income the next decade, 60 percent of whom will be To explore ways to improve cooperation be- support. children. In total, 13 million Medicaid partici- tween health care providers and achieve sav- Of particular concern is the impact of Med- pants—over a quarter of whom are children— ings in the health care system, the legislation icaid cuts on persons living with HIV/AIDS. will face higher financial barriers to health care provides for six gain sharing demonstration Nationally, as well as in New York state, Med- coverage. projects. As a conferee, I intend that these icaid is the single largest provider of health Yet, at the same time Congressional Repub- projects be tested broadly in order to produce care for persons living with HIV/AIDS. There licans went ahead with their plans to worsen valid results and policy recommendations. are an estimated 72,000 HIV-infected New the health care crisis in this country, they Also, I intend that these projects not be limited Yorkers that are enrolled in Medicaid. This is modified one provision in this bill to save the to six individual hospitals and that hospital a critical payer of health care for poor persons health insurance industry $22 billion over 10 chains and associations are eligible to apply living with HIV. The proposed changes to the years, according to the Washington Post. As and participate. Medicaid system in the budget reconciliation their profits show, this industry is not suffering To ensure accurate payment for Medicare bill would severely limit the ability of poor peo- from falling profits, particularly when you factor Advantage plans, the legislation codifies the ple with chronic health conditions to afford in the lavish benefits they received from the phase-out of the budget neutrality factor for medical care and life-saving medications. President’s disastrous prescription drug plan. risk adjustments for those plans. This change Many residents of the 10th Congressional Dis- Congress needs to get back to common will ensure that traditional fee-for-service and trict of Brooklyn rely on Medicaid to access sense budgeting that fairly distributes the bur- Medicare Advantage plans are being com- life-sustaining health care services and medi- den of deficit reduction. And we need to re- pared and paid accurately. This provision re- cations. I am strongly opposed to the Medicaid institute the pay-go budget rules that brought quires adjustments for differences in coding slashes because they especially jeopardize us fiscal surpluses during the 1990s. Con- patterns, and the intent of that section is to in- the lives of these individuals, who are among gress should be protecting the vital programs clude adjustments for coding that is inaccurate the most vulnerable in my district. that our community depends on and the safety or incomplete for the purpose of establishing Also of grave concern is the negative impact net that protects the weakest among us, while risk scores that are consistent across both of these slashes on education. This report in- still ensuring long-term fiscal responsibility. I fee-for-service and Medicare Advantage set- cludes the largest cut to financial aid in his- urge my colleagues to vote against this legis- tings, even if such coding is accurate or com- tory. The significant cuts to the student loan lation so we can start reducing the deficit in a plete for other purposes. Other common-sense program places an unfair burden on students way that is in the best interest of the vast ma- reforms in the Medicare program will add up and families in pursuit of the American dream jority of the American people. to billions of dollars in savings, while improv- of higher education. Many students, especially Mr. MORAN of Virginia. Mr. Speaker, I rise ing quality and service for beneficiaries. those studying at public universities like the today in support of America’s working families Finally, this Conference Report will extend City College of New York (CUNY), already and in opposition to the spending cuts in- and improve the 1996 welfare reform law for face financial hardships. These student loan cluded in the budget reconciliation conference the next five years. It continues current fund- program cuts will make it even more difficult agreement. ing for the nation’s welfare to work program, for struggling students to complete their edu- While I am committed to restoring fiscal dis- despite a 60 percent welfare caseload decline cation and will also force them to pay thou- cipline to the House, cuts to essential social since 1996. And it includes provisions encour- sands of extra dollars back on their student services that aid the most vulnerable in our aging more work and self-sufficiency, pro- loans. Clearly, this is unacceptable in our society are not the appropriate way to achieve moting healthy marriages and responsible fa- great Nation. this goal. Indeed, none of the savings from the therhood, and increasing child care funding by I urge all Members of Congress today to cuts included in this legislation will be used to $1 billion over the next five years. stand in agreement and rise up in opposition pay down the deficit, but rather to help finance Mr. Speaker, I urge my colleagues, once to this Budget Reconciliation Conference Re- reconciliation tax cuts for the wealthiest in our again, to support this legislation. port. The draconian slashes included in the re- society. Ms. WOOLSEY. Mr. Speaker, I don’t need port will prove disastrous to the health and Under this bill, $39 billion over 5 years will to remind anyone in this Chamber of the say- well-being of the American people. be cut from social services programs that aid ing that all politics are local. This budget has Ms. MATSUI. Mr. Speaker, this is the third families in need. These spending cuts will real effects on the local level, especially in my time the House has voted on this budget negatively impact an estimated 58 million home State of California. package and there is good reason this legisla- Americans who currently participate in Med- As a former welfare recipient, I am con- tion is having such a difficult time receiving icaid, student loans, child support, and Medi- cerned with the increased work requirements final approval from Congress. While we all care. to TANF. The Legislative Analyst’s Office agree that this Nation cannot continue to The package includes $28 billion in cuts to (California’s version of the Congressional spend beyond its means at the expense of fu- Medicaid over 10 years, 75 percent of which Budget Office) has said that the State will not ture generations, this budget package will do affect provisions that will increase the number be able to meet these new requirements, cost- nothing to right our precarious fiscal situation. of the uninsured and under-insured by raising ing them $400 million in the first year alone. If you take even a cursory glance at this legis- co-payments and premiums, cutting benefits, These requirements undermine the bipar- lation, it is readily apparent that the Repub- and tightening access to long-term care. The tisan work that has been done on the State lican method of deficit reduction is to dis- misplaced priorities inherent in this bill will level to help people get the education they proportionately pass the burden on to hard- force the neediest in our society to pay more

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 568 CONGRESSIONAL RECORD—HOUSE February 1, 2006 for health care, increasing the growing ranks of the financial institution should not bar an in- changes in the coverage levels over time. We of the uninsured in America. stitution from being in the lowest risk category. know that inflation has cut in half the real In addition to facing higher costs, Medicaid It is risk that matters, not size. We expect the value of the current insurance coverage since recipients will also be required to submit a FDIC to time assessments in such a manner it was last changed in 1980. We also know passport or birth certificate to maintain or gain that banks are able to plan for such an ex- that as the baby boomers move into retire- eligibility. This provision may prove to be a pense, thereby avoiding unexpected or un- ment, that the current coverage level was in- barrier for vulnerable families who participate timely costs on the bank. adequate to protect their life-long savings. in the Medicaid program. It will certainly result Secondly, the bill recognizes that about 10 Thus, this bill increased to $250,000 the insur- in fewer adults and children accessing Med- percent of institutions have never paid a pre- ance limit on retirement accounts. icaid services or having to unnecessarily delay mium to the FDIC to support its operations. The House has repeatedly voted over- access to critical doctor visits or hospital This has put a burden on those institutions whelmingly in favor of legislation that would stays. that fully capitalized the insurance funds in the automatically index coverage levels based on By cutting $12 billion in student aid pro- mid-1990s. Thus, this legislation provides that inflation. The other body has only recently grams, this bill will make it more difficult for those institutions that capitalized the fund with passed deposit insurance reform. The index- students to afford a college education. It will initial credits—in proportion to each institu- ing language included in the Senate reconcili- raise the cost of college for students and their tion’s financial contribution to FDIC—that are ation bill required the FDIC to ‘‘determine families through increased interest rates and intended to offset premium assessments for whether’’ to increase coverage based on the loan fees. This bill will be the largest student many years to come. Those institutions that amount of inflation increase plus a long list of aid cut ever and shows a lack of commitment have not financially supported the FDIC would factors. The compromise language we have by the majority party for the education of our not have these credits and would begin to pay agreed to calls on the FDIC and NCUA to next generation. premiums to the FDIC. Moreover, should the jointly consider just three narrow factors. Families and children who rely on child sup- insurance fund grow to the upper regions of Those factors are (1) the overall state of the port payments and other safety net programs the normal operating range for the FDIC, Deposit Insurance Fund and economic conditions affecting insured depository institutions; will also be hurt by this legislation; $2.6 billion banks would be entitled to a cash dividend in (2) potential problems affecting insured depos- will be cut from child support enforcement, proportion to their historic financial contribu- itory institutions; and (3) whether the increase foster care programs, and Supplemental Secu- tions. will cause the reserve ratio of the fund to fall rity Income. Regrettably, the reduction in child Regarding flexibility: The bill provides FDIC below 1.15 percent of estimated insured de- support enforcement funds will result in the greater flexibility to manage the insurance posits. If the FDIC and NCUA elect not to in- loss of billions of dollars in potential child sup- fund. The law that our bill replaces con- crease coverage, they must make the case strained the FDIC from charging most banks port payments, reducing child support collec- based on these three narrow factors. The key when the reserve ratio remained above a cer- tions by $2.9 billion over 5 years and $8.4 bil- language in the compromise is that the FDIC lion over 10 years. This is directly taking tain level and would force FDIC to charge high and NCUA, ‘‘upon determining that an inflation money out of the hands of single parents premiums, 23 basis points, at times when it adjustment is appropriate, shall jointly pre- struggling to raise their children on their own. made the least sense. Our bill allows the FDIC scribe the amount by which’’ coverage ‘‘shall Mr. Speaker, the bottom line is that the to manage the fund within a wide range, with be increased by calculating’’ the amount of in- shameful cuts offered by the majority hurt our the idea that assessments would remain rea- flation. This change in language, from ‘‘deter- Nation’s most vulnerable citizens in a direct ef- sonably constant and predictable. mine whether’’ to ‘‘shall jointly prescribe’’ is a fort to provide more tax cuts for wealthy Amer- Importantly, this bill is not intended to raise clear statement that Congress is establishing icans. I, therefore, strongly oppose this legisla- more money than what the FDIC would have a presumption that the agencies will increase tion. collected under the old law. Nor is this bill in- coverage if warranted by past inflation. Mr. BACHUS. Mr. Speaker, today, we have tended to encourage the FDIC to build the STRONGER THAN EVER the opportunity to make significant improve- fund to the highest possible level. In fact, we This legislation will make the insurance fund ments in our Federal Deposit Insurance sys- know that each dollar sent to the FDIC means even stronger than it already is and, in com- tem. We do this from a position of strength, as that there are fewer dollars that can support bination with the extensive regulatory and su- both the insurance fund and the banking in- lending in our communities. And as we consid- pervisory authorities of the FDIC, ensures that dustry are extremely healthy. What better time ered this bill, we heard testimony that sug- the fund and the banking industry will remain than to fine tune the system and establish a gested that each dollar sent to Washington strong for a very long time. strong footing going forward. means that eight dollars of lending is lost. We Ms. JACKSON-LEE of Texas. Mr. Speaker, BASIC PRINCIPLES OF REFORM: FAIRNESS AND cannot afford to restrict lending in our commu- we have before us, for the third time, the FLEXIBILITY nities just to have more money added to the Budget Reconciliation Spending Cuts Act. The fundamental driving principles of reform nearly $50 billion already in the insurance Reigning in spending is an idea that everyone were to provide fairness to all insured deposi- fund. in this House can agree on. Many of my col- tory institutions by assessing each based on To protect against the fund growing too leagues and I are deeply disturbed where this risk and provide the FDIC with greater flexi- quickly, the legislation provides an automatic $40 billion in spending cuts is coming from, bility to manage the fund to reflect different braking system that would return as a dividend however. In a time when it is getting harder economic conditions. 50 percent of any excess when the reserve and harder for the lower class to get by in this Regarding fairness: The bill provides greater ratio of the fund is above 1.35 percent. It also country, the Republicans are asking the poor, fairness to insured banks in many important caps the fund level, providing a 100 percent the downtrodden, the disabled and the young ways. First, it authorized the FDIC to revise dividend when the reserve ratio exceeds the to sacrifice on behalf of the rich. I want to em- the risk-based formula to better reflect the risk upper limit of the range at 1.50 percent. This phasize that these cuts are not meant to free each institution poses to the insurance fund. In assures that money will remain in our commu- up money to rebuild the gulf coast, or reduce providing this authority, our Committee looked nities. And while we provided the FDIC some the deficit, or even help our troops in Iraq. In to and relied upon examples provided by the authority to suspend the 50 percent dividend fact, many of these proposed cuts will actually FDIC regarding how the new system might under extraordinary circumstances where it hurt those affected by Katrina. Overall, these work, including FDIC representations that expects losses over a 1-year timeframe to be spending cuts, when combined with $86 billion about 42 percent of all banks would likely re- significant, our expectation is that this author- in tax cuts for the rich, will increase the deficit main in the lowest risk category. We know that ity be used rarely and be reviewed each year and the national debt, and increase the bur- the very nature of bank loans involves risk. when the new designated reserve ratio is set. den placed on our neediest families. Therefore, we expect the FDIC to form a rea- The intention of this exception is that it be MEDICAID sonable system that encourages appropriate temporary and not a regular event, and that In the United States, there are 45 million risk-taking, consistent with safe and sound the FDIC communicates to Congress and the Americans living today without any health in- banking, and with premiums at a level that industry its justifications. surance at all. We have one of the worst protect the best run banks from being over- DESIGNED FOR THE FUTURE records of all of the developed nations when charged and that don’t inadvertently stop lend- Not only does the legislation provide fair- it comes to providing health care to our citi- ing. In this bill, we make explicit that the size ness and flexibility, it also anticipates needed zens. This conference agreement cuts $6.9

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 569 billion over 5 years from Medicaid and State age caused by Katrina and Rita, and many of I am strongly opposed to this legislation, and Children’s Health Insurance Program, SCHIP. the infrastructures of homes in the area has I implore my colleagues on both sides of the A large portion of the ‘‘savings’’ in Medicaid been damaged. I hope we can consider sub- aisle to vote against these unthinkable cuts. comes from language that will allow States to sidizing this LIHEAP program further in this Mr. VAN HOLLEN. Mr. Speaker, we are reduce the number of beneficiaries eligible for upcoming session. here today because of a few minor changes Medicaid, and increase the costs for others. JUDICIARY the Senate made to this legislation after it The purported ‘‘savings’’ in the Medicaid pro- As a member of the House Judiciary Com- passed the House last year. Those changes gram found in this conference agreement will mittee, I would also like to briefly comment on did not alter the defective nature of the under- be paid for directly out of the constituents’ the increased costs to citizens for access to lying bill—or my fundamental opposition to it. pocketbooks. This bill makes it even harder for our court system. The cost for filing in Federal From the single largest cut to student aid in families in need to afford healthcare. appeals court will increase by 80 percent, and the forty year history of the Higher Education MEDICARE the cost for filing in Federal district court will Act to new burdens placed on poor people The conference report includes provisions increase by 40 percent. Fees for bankruptcy and children served by Medicaid, this rec- that will reduce spending on Medicare by a claims will also significantly increase. In- onciliation package targets those with the least net total of $6.4 billion over 5 years. The creased fees are marginal to wealthy individ- in order to pay—or I should really say, partially agreement reduces Medicare payouts for cer- uals, but could be restrictive to our poorer pay—for tax cuts that flow disproportionately tain services, and requires beneficiaries to constituents who already feel that they have to those with the most. purchase, rather than rent certain medical limited access to the judicial system. That’s right: When this $39 billion in spend- equipment. In the agreement, also cut are KATRINA ing cuts is paired with the $122 billion in tax payments to home health care providers, mak- I would also like to express my concern cuts the House has already approved, the ing it even more difficult to provide adequate over the reduction of $400 million in Katrina Deficit Reduction Act actually increases the care to the elderly. health care relief funding from the original deficit by over $80 billion. Furthermore, as recent press reports have STUDENT LOANS House bill. Further, unlike either the House or As founder and co-chair of the Congres- the Senate bills, this is a capped amount of highlighted, it didn’t have to be this way. When sional Children’s Caucus, as a person who un- money as opposed to a guaranteed funding it comes to restraining government spending, derstands the value of our Nation’s youth, and stream. The $2.1 billion towards Katrina health there are plenty of other choices we could as a mother of two, I really want to bring focus care relief offered in this agreement is a frac- have made—like eliminating $22 billion in on the effect this bill will have on our Nation’s tion of what should be a much more substan- overpayments to Medicare HMOs or termi- children. If you have children who are in, or tial recovery package for the region. I again nating the $10 billion Medicare PPO slush considering going to college, I want you to lis- hope we can find it in our hearts and our fund or restoring $9.6 billion in drug company ten to this: this agreement, if passed today, budgets next year to further help the damaged rebates to the Medicaid program. All of these will place an added burden of $12.7 billion di- gulf coast and its inhabitants. provisions were stripped out of this conference rectly on students over the next 5 years. This Allow me to cite some of the specific cuts I, report behind closed doors in the middle of the is accomplished through adding fees to the and our constituents across the country, will night. The Republican leadership here in Con- processing of student loans, and increasing find so objectionable in this conference report: gress has allowed special interest lobbyists to the interest rates on paying back those loans. Medicaid—The report cuts Medicaid spend- drive the legislative process. As a result, the Students borrowing money for college will pay ing by $6.9 billion nationwide. powerful win—and the people we are sup- thousands of dollars more on their student Medicare—The report cuts Medicare spend- posed to serve lose. loans. This is in the face of college costs up ing by $6.4 billion nationwide. Although several higher education provi- over 7 percent this past year alone. Voting Student Loans—The report cuts spending sions I authored related to curtailing excessive ‘‘yes’’ for this agreement will harm one of our on student loan program by $12.7 billion over lender subsidies, strengthening the school-as- most precious national resources, our stu- 4 years. lender program and providing mandatory dents. Child Support—The report cuts $1.6 billion from child support programs over 5 years. deferment for active duty military are included CHILD SUPPORT ENFORCEMENT Custodial parents will receive $2.9 billion less in this report, these positive steps are in and This conference report cuts matching funds child support over 5 years and $8.4 billion less of themselves not sufficient to overcome the to child support enforcement. In other words, over 10 years. overarching misdirection of the underlying bill. we are cutting $1.6 billion to fund that en- Child Welfare—The report cuts $577 million For that reason, we should reject this legis- forces collections on dead-beat dads. It is said from foster care programs by reducing the lation and put an end to the special interest that for every $1 put in to child care enforce- number of children eligible for foster care. The politics that produced it. ment, $4 is collected for the families. This cut burden is shifted to the States, who are al- Mr. DAVIS of Illinois. Mr. Speaker, last will seriously harm States’ abilities to help ready deep in budget crises and cannot afford night, the President charged us to encourage families receive child support that is owed to this extra strain. economic progress, fight disease, and spread them. The CBO estimates that this policy Judiciary—The report raises $553 million by hope in hopeless lands. Unfortunately, this change will reduce child-support collections by increasing the fees paid to file for bankruptcy budget bill ignores the economic wellbeing, $2.9 billion over 5 years and $8.4 billion over or for civil case filing. health, and hopes of the poor within our own 10 years. This is not how we take care of our own in nation. Just the idea of some of these draco- CHILD WELFARE Texas, and this is not how we do things in the nian measures is enough to send chills up and The bill cuts $577 million from foster care United States. This conference agreement down one’s spine because we are talking programs by reducing the number of children launches an unabashed attack on the Amer- about programs that provide basic assistance eligible for foster care. The burden of covering ican way by slashing funding towards those to vulnerable, low-income families and individ- the newly ineligible children is shifted to the that are most vulnerable. And don’t you be uals. The proposed cuts come almost entirely states, who are already eye-ball deep in budg- fooled. These spending cuts aren’t meant to from healthcare and education. We are talking et crises and will leave some children without offset the costs of rebuilding the gulf coast, about cutting programs that provide help to the care they need. these spending cuts are meant to offset tax people with disabilities, to people who make LIHEAP cuts that will benefit the rich. use of the earned income tax credit, to people Another important aspect of this bill is the Mr. Speaker, we cannot allow the burden of who use Supplemental Security Income pro- addition of $250 million for Low-Income Home the $40 billion in tax cuts to be placed on the grams, to people relying on the Temporary As- Energy Assistance Program for this year, and backs of our Nation’s neediest families. The sistance to Needy Families, and to the elderly. $750 million for next year. I appreciate the ad- decision to vote up or down on this legislation Although I do not think it is the majority’s in- dition of this money into the conference report, isn’t a blurry line involving political ideology; it tention, these cuts effectively target low-in- but am concerned that this will not be suffi- isn’t a debate of republican vs. democratic phi- come and minority Americans. cient. Especially around the gulf coast and in losophy. This is black and white. Passing this I am disappointed and discouraged that my district of Houston, we are experiencing conference agreement will hurt the children, education bears one-third—31 percent—of the abnormally high energy costs after the dam- hurt the poor, hurt the old and hurt the young. budget cuts. Education is central to developing

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 570 CONGRESSIONAL RECORD—HOUSE February 1, 2006 economic progress and a successful citizenry. cutting caseloads rather than for successfully tent prudent and possible. I am in favor of These education cuts impede access to edu- moving individuals from welfare to work. This budget reconciliation, but not on the backs of cation for hundreds of thousands of low-in- reward system defines success as low-num- the poor, needy, and most vulnerable sectors come and middle-income students. Financial bers without attention to whether our most vul- of our society. barriers are the key to determining whether nerable families are making it. This legislation This bill is bad for Chicago, for Illinois, and most low income, first generation, and minority fails to provide the financial support necessary for the nation. I can do nothing less than op- students will successfully complete college. In- for families to meet the new requirements, and pose this bill. As a matter of fact, it would be deed, only 54 percent of lowincome students it sets parents up for failure. a dereliction of my duty and responsibility if I obtain degrees, compared to 77 percent of This bill also attacks relative caregivers on were to vote for the Deficit Reduction Act that high-income students. I will soon introduce multiple fronts. As of 2003, 23 percent of fos- is before us. I will vote prudently and sensibly. legislation to help meet the needs of these ter children lived with relatives, and, unfortu- Mr. ORTIZ. Mr. Speaker, when we passed students, but I fear that it will not cover the nately, these providers are much more likely the Federal budget last year, Democrats of- ground lost here. than non-kin providers to live in poverty. Rath- fered an alternative that would have achieved The societal costs of these cuts are great, er than support these families, this bill reduces a balanced budget in 10 years, 10 years to and my state and district will dramatically feel financial support to children living with rel- spread out the pain of finally paying our bills their effects. In Illinois, residents with a bach- atives, encourages non-relative placements, again and freeing up the future for our chil- elor’s degree enjoy almost double the salary and jeopardizes the ability of states to provide dren. When we passed this budget last spring, of those with only a high school diploma, a 2.5 safe and stable placements for children. Given we were told there was no fat in it—it was all percent lower unemployment rate, and a dra- that African-American grandparents serve as bone. When you cut bone, you fall down. Last matically lower likelihood of receiving public kinship care providers at higher rates than year, the House struck out on this bill. assistance. Undermining the ability of individ- other racial/ethnic groups, the elimination of Today the House is striking out again even uals to access education affects their long- federally funded foster care assistance for if this bill passes today, let it forever be known term ability to be productive citizens. More- thousands of children who live in low-income as the ‘‘3 strikes and you’re out’’ budget. over, 26 percent of Illinois residents have a homes with relatives unfairly discriminate Strike 1: It hits hard our senior citizens, cur- bachelor’s degree, most of whom required stu- against relative caregivers who are most often rently struggling under a difficult Medicare dent loans to help them attain their degrees. African American. These cuts are particularly drug benefit, strike 2: It squeezes our middle In my district, I have over 40 institutions of upsetting to me because I represent a con- class that pays the taxes and struggles to pay higher education, each of which will suffer gressional district with the second highest per- the household bills, and strike 3: It hits our from this legislation. At the University of Illinois centage of grandparents caring for their grandchildren and students, who represent the fu- at Chicago alone, almost 10,000 students de- children. ture of this Nation. pend on the Direct Student Loan program to The estimated ‘‘savings’’ from cuts in the Three strikes, today Congress hits all 3 enable them to attend college. The increased welfare provisions are clearly at the expense components of American society with these fees and interest rates in this bill will burden of the states and families, and the cuts will budget cuts. a dependent undergraduate student at this re- negatively affect a state’s ability to achieve But let’s get to why this bill is before us spected university with an additional $2,500 in safety, permanency, and well-being for chil- today. We’re not here because the hurricanes debt. It will burden a dental student with an dren in the foster care system, in addition to busted the budget. It’s not the war, it’s just additional $19,000 in debt over the life of their creating a disincentive to care for these chil- that many people in this House demand that loan. dren in need. While noteworthy, this is unfortu- we spend the Treasury’s money on tax cuts This bill continues its war on the poor by un- nately not the only place in this bill in which for wealthier Americans. Period. It’s about dermining the adequate health care, with 50 our most vulnerable citizens who hold little nothing more than spending this money on tax percent of the proposed cuts coming from sway in Washington are squeezed to reward cuts today which mean tax increases on our Medicaid and Medicare. Although health care the connected and the wealthy. children tomorrow. coverage continues to be an issue of great This legislation comes up short in terms of Budgets are a reflection of who we are and concern to many Americans, the House lead- the needs of businesses as well. Small busi- what we value. The budget cuts offered in the ership and the Bush administration have nesses account for 99.7 percent of America’s House of Representatives today—which I op- brought before us a bill that makes drastic employers, they are the economic engine that pose—simply do not represent the values that cuts in our nation’s health care commitments. drives America because they create three- we say are important to us in this nation. We Over the next 10 years, nearly $50 billion will fourths of all new jobs, employ half our work- value each other, we value the rule of law, we be squeezed out of Medicare and Medicaid— ers, account for half of our gross domestic value education and keeping our families safe. the very programs that ensure health cov- product and contribute more than 55 percent South Texans have been astounded at the erage for our most vulnerable citizens, low-in- of innovations. Yet, the Deficit Reduction Act depth of cuts in the Federal budget, which come seniors, and children. The non-partisan provides no money for the Small Business Ad- mean Texas students will be less likely to stay Congressional Budget Office estimates that ministration’s flagship 7(a) Loan Program. It is in school or go to college. Low income Texas 65,000 Americans, 60 percent of whom are the agency’s largest and most important pro- children will be sicker with the cut in health children, will lose access to Medicaid cov- gram in terms of number of loans and pro- benefits. Seniors will lose essential services. erage by 2015. Furthermore, health care costs gram level supported. The 7(a) Program pro- Today’s bill will increase the deficit by $17 will increase for an estimated 20 million Ameri- vides loan guarantees to eligible small busi- billion, give more tax cuts to the wealthy, and cans and 1.6 million will lose vital dental, vi- nesses that have been unsuccessful in obtain- hurt those who use student loans, who need sion, and mental health services. I can just ing private financing on reasonable terms. health care and who benefit from rural pro- imagine what this will do to the more than 20 One of the worst offenses of this budget bill grams. We have got to come up with a budget hospitals, health centers, and private physician is that it legitimizes cutting the basic rights of that represents the right priorities for students, practices in my district. Imagine the large education, safety, and health to support $70 seniors, Katrina families and rural Americans. number of children and poor people who will billion in tax cuts for the extremely wealthy. In We had an opportunity to vote for such a not be able to access adequate health care. essence and in reality, we are talking about budget last spring, with the right priorities, that These provisions ignore the needs of our most Robin Hood in reverse; that is, take from the paid down the deficit—authored by JOHN vulnerable and will have a very real impact in poor and give to the rich. We are allowing a SPRATT—but the House rejected it. human terms. tremendous burden to be put on working class When the $38.8 billion in spending cuts in Further, these cuts jeopardize the well-being families to cover budget irresponsibility. Ford this package are combined with the total of of our most needy—children and families Motor Company and General Motors an- $122 billion in tax cuts passed by the House needing temporary assistance. This legislation nounced plans to lay-off 60,000 workers; in 2005, Republicans are increasing the deficit fails to provide the funding necessary to sup- workers who have families that are already by $83 billion over the next 5 years. Plus, port low-income families, especially foster care trying to make ends meet in our in our slug- when an AMT fix is included over the 5-year children living with grandparents and other rel- gish economy. I am strongly in favor of our period, Republicans are actually increasing the ative providers. One of the most egregious as- government operating on sound fiscal policies. deficit by $321 billion. Calling this a deficit re- pects of the bill is that it rewards states for I am in favor of reducing the deficit to the ex- duction bill is not truthful.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 571 It is incumbent upon all of us in Congress lion dollars in tax cuts that the Republicans balance the budget once again, pay down the to help all Americans, not just the wealthy few. have passed over the past year, it will have an national debt and invest in our people and our We can do better than this—and we must. enormous impact on the lives of average country’s economic competitiveness in the This package is cutting vital services upon Americans. 21st century global marketplace. which working families depend, including the What does this say about who we are and I urge my colleagues to join me in voting following: how we treat one another? against these senseless budget cuts. GOP conference report slashes Medicaid by It says that this Republican Congress be- Mr. BISHOP of Utah. Mr. Speaker, the $6.9 billion over 5 years and $28.3 billion over lieves that it is more important to make their Budget Deficit Act of 2005 has the noble goal 10 years. The conference report allows states fat cat friends fatter than it is to provide edu- of being a first step in a long time toward to charge Medicaid enrollees more to get the cation, health care and child support to those bringing fiscal sanity to the federal budget. health care that they need—allowing substan- who need it most. Forty billion dollars is a small but correct step tial increases in co-payments and premiums So much for compassion and decency. in regaining control of our budget, and we can for many low-income enrollees. This increased This Republican bill does not simply rob the not retreat and drop this burden on the backs cost-sharing achieves savings of $1.9 billion of poor of resources. The proposed cuts rob the of our citizens. For that reason it is important 5 years and $9.9 billion over 10 years. Studies poor of opportunity by targeting programs that to pass this legislation, but like all bills with have shown that this increased cost-sharing work to bridge the gap between rich and poor multiple titles there are some negative aspects will result in a decline in enrollees’ use of and even the playing field for all American hidden within the 700 plus pages of monetary health care services and a worsening of their families. policy. health status. Our country deserves better than empty I am very disturbed at the introduction of a Seventy percent of the GOP Raid on Stu- promises and recycled rhetoric from our lead- certain new entitlement program with new dent Aid falls directly on students and parents. ers. mandatory spending in this reconciliation bill. Seventy percent of the gross savings in higher Vote ‘‘no’’ on this irresponsible, short-sight- The Academic Competitiveness Grant Pro- education in the conference report are ed and immoral Republican Reconciliation gram, inserted in Conference under Title VII, achieved by increasing college loan costs for package. section 401 of S. 1932, authorizes $3.5 billion parent borrowers and by continuing the prac- Mr. ETHERIDGE. Mr. Speaker, once again, in new spending. It is wrong! tice of forcing student and parent borrowers in I rise in opposition to this misguided budget This new entitlement offers scholarships to many cases to pay excessive interest rates on cut bill. worthy kids who have completed a ‘‘rigorous their loans. Let me state clearly that I strongly support secondary school program of study’’—that part GOP conference report will result in $8.4 bil- tough budget discipline to reverse the policies is justifiable—‘‘established by a state or local lion in reduced child support collections. CBO of the past five years, to rein in the annual government education agency’’—that part is has estimated that the conference report will deficits, balance the budget again and pay off obvious—‘‘and recognized as such by the lead to $8.4 billion in reduced child support the national debt. I am tremendously proud Secretary.’’—that part is illegal and indefen- collections upon which hundreds of thousands that in my first term in the U.S. House, Con- sible. Current law specifically prohibits this of struggling single parents rely, pushing more gress worked together with the White House control of state curriculum by the federal gov- children into poverty and letting deadbeat in a bipartisan manner to balance the budget ernment. It reads, ‘‘No provision of any appli- dads off the hook. for the first time in a generation. That coopera- cable program shall be construed to authorize Mr. MARKEY. Mr. Speaker, I rise today in tive action produced broad-based economic any department, agency, officer, or employee strong opposition to this nearly $40 billion cut growth and record budget surpluses. of the United States to exercise any direction, from programs to help poor and middle class Unfortunately, the current White House and supervision, or control over the curriculum, Americans. Congressional Republican Leadership have program of instruction, administration, or per- Last night, in the State of the Union, Presi- squandered those surpluses and passed reck- sonnel of any educational institution, school, dent Bush said, ‘‘our greatness is not meas- less budget legislation that has replaced those or school system.’’ (US Code, Title 20, Chap- ured in power or luxuries, but by who we are surpluses with chronic deficits and record na- ter 31, Subchapter ill, Sec. 1232a) The simple and how we treat one another. So we strive to tional debt. This bill offers more of the same. phrase, ‘‘recognized as such by the Secretary’’ be a compassionate, decent, hopeful society.’’ This conference report contains harmful cuts will potentially extend federal intrusion into Yet the Republican’s first act after the Presi- to essential services and does nothing to re- what is Constitutionally a state and local re- dent uttered those words is to take hope and duce the budget deficits or offset the costs of sponsibility. The language does not openly in- help away from those who need it most. recovery from Hurricane Katrina or the ongo- sert the federal Education Secretary into edu- This Republican reconciliation bill slashes ing war in Iraq. At a time when American fami- cation curriculum control, but opens the door $11.9 billion from student loan programs to lies are getting squeezed, the budget reconcili- for such control for the first time in history. A help kids go to college. ation package cuts funding for priorities includ- state not willing to subject itself to the dead- It cuts $6.4 billion from Medicare and makes ing Medicare and Medicaid, student loans, ening hand of federal control and regulation, elderly beneficiaries pay higher premiums for child support and food stamps that assist the. will seriously harm students in that state and their health care. It cuts $1.5 billion from programs to make working poor and the middle class. in their ability to finance a higher education. sure that dead beat dads take responsibility Specifically, this legislation will cut Medicaid No state will be able to resist this type of fi- for their actions and pay their child support. by nearly $7 billion, cut Medicare by $6.4 bil- nancial extortion, and will ultimately succumb And it takes away $6.9 billion from Medicaid lion, cut student loans by more than $12 bil- to the control of the federal Education Sec- which helps the poorest and sickest children lion, and cut child support by $8.4 billion. The retary. One can only hope this was not the and families in our country get healthcare. bill also breaks the promise of the Farm Bill by subtle intent of the Senators who snuck this And all of the money that is taken away cutting $2.7 billion from commodity, conserva- provision into the Conference Report, but it is from the poor and middle class will go straight tion and rural development funds. Although I the practical result. into the pockets of millionaires. The Repub- am pleased this version of the bill abandons Also frustrating is the lack of deliberation lican Reconciliation Tax Cut bill gives the top earlier attempts to open the Arctic Wildlife Ref- over the merits of this new program and its 1 percent of Americans who are millionaires uge and coastal areas like the Outer Banks to new spending. The Academic Competitiveness will get $32,000 extra dollars a year. The aver- oil and gas drilling and a few other modest im- Grant Program was slipped into the Con- age American family will get approximately provements, these changes in no way com- ference Report for S. 1932 after versions with- $7.00 from that bill. pensate for the bill’s fundamental flaws. out the program passed both the Senate and While the Republicans claim that this Rec- Congress should reject this legislation and House. This new federal program of manda- onciliation process will reduce the deficit, it will go back to the drawing board to produce a re- tory spending was never heard by a com- have the exact opposite effect. sponsible federal budget for the American mittee in the House or Senate. It was never The Republican Reconciliation package will people. I support pay-as-you-go (PAYGO) voted on the floor of either House or Senate. increase the deficit by giving more and more budget rules to enact budget discipline and re- It is a clear violation of the Senate’s ‘‘Byrd tax cuts to the ultra-rich. store fairness and equity to the budget proc- Rule.’’ This program managed to bypass the While cutting Medicaid, Medicare and stu- ess. I want Congress and the President to scrutiny, input, and deliberation of regular dent loans will do little to offset the $122 bil- work together across the partisan divide to order and was unwisely attached to a must-

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 572 CONGRESSIONAL RECORD—HOUSE February 1, 2006 pass savings bill. In a bill dedicated to limiting 108th (H.R. 522) Congress, I introduced com- bill, the American banking system will give spending, The Academic Competitiveness prehensive deposit insurance reform legisla- seniors that safe haven. That is why the Grant Program creates a new almost $4 billion tion. The legislation was a byproduct of rec- AARP has enthusiastically endorsed the cov- spending entitlement, diminishing the savings ommendations made by the FDIC in early erage increases in this bill. or making even deeper reductions in other le- 2001, a series of hearings held in my Sub- All of us have heard from community bank- gitimate programs. committee on proposed reforms to the Federal ers in our districts about the challenges they Even if the Academic Competitiveness deposit insurance system, and broad-based face in competing for deposits with large Grant Program is the panacea for poor stu- bipartisan cooperation. H.R. 3717 passed the money-center banks that are perceived by the dent scores in math and science, it is the House in the 107th Congress by a vote of market—rightly or wrongly—as being ‘‘too big wrong approach. It threatens to undermine the 408–18, and H.R. 522 passed the House in to fail.’’ By strengthening the deposit insurance responsibility of states over education; it the 108th Congress by a vote of 411–11. Dur- system, the conference report will help small, threatens to undermine federal law; and it ing this Congress, Congresswoman HOOLEY neighborhood-based financial institutions threatens to undermine freedoms guaranteed and I introduced this same legislation—H.R. across the country, particularly in rural Amer- in the Constitution. 1185—with Chairman OXLEY and Ranking ica, continue to play an important role in fi- Mr. KUCINICH. Mr. Speaker, the bill before Member FRANK. On May 4, 2005, H.R. 1185 nancing economic development. The deposits us today cuts approximately $12 billion from passed the House by a vote of 413 to 10. The that community banks are able to attract the federal student programs. Under this bill, legislation is supported by the American Asso- through the Federal deposit insurance guar- the tax cuts for the super-rich are placed on ciation of Retired Persons (AARP) as well as antee are cycled back into local communities the backs of students and their families. Under all of the banking and credit union trade asso- in the form of consumer and small business this bill, student borrowers—already saddled ciations. loans, community development projects, and with $17,500 in debt—will be forced to pay Federal deposit insurance has been a hall- home mortgages. If this source of funding even more for his or her college loans. mark of our nation’s banking system for more dries up, it will have devastating con- The bill raises student loan interest rate than 70 years. The reforms made by this leg- sequences for the economic vitality of small- caps and raises student loan taxes and fees. islation will ensure that this system that has town America. It places billions of dollars in student aid at served America’s savers and depositors so I want to again commend Chairman OXLEY risk by cutting $2.2 billion in critical funds used well for so long will continue to do so for fu- for the tremendous leadership he has shown to carry out and administer the student aid ture generations. in steering this complex bill through the legis- programs. What does the legislation do? First, it lative process. I also want to thank Ranking Some of the excessive subsidies to large merges the separate insurance funds that cur- Member FRANK, Congresswoman HOOLEY, lending institutions are finally cut but no pro- rently apply to deposits held by banks on the Senator SHELBY, Senator SARBANES, Senator tections are put in place to ensure that stu- one hand and savings associations on the ENZI, Senator CRAPO, Senator ENZI, and Sen- dents will not have those costs passed on to other, creating a stronger and more stable ator JOHNSON for all of their work on this legis- to them as well. Rather than reinvesting those fund that will benefit banks and thrifts alike. lation. dollars into low-interest loans and additional Second, the bill makes a number of Let me also take this opportunity to thank grants, this bill uses the money for alleged changes designed to address the ‘‘pro-cycli- the staff members on the House Financial deficit reduction. cal’’ bias of the current system, which results Services Committee who worked on this legis- This bill is a travesty. It masquerades as a in sharply higher premiums being assessed at lation. Both Chairman OXLEY and Ranking budget reconciliation, but is truly a tax cut for ‘‘down’’ points in the business cycle, when Member FRANK are to be commended for as- the wealthy paid for by students. The Higher banks can least afford to pay them and when sembling such a talented group of staff to Education Act was intended to help provide all funds are most needed for lending to work on Deposit Insurance Reform legislation. Americans, regardless of their income-level, jumpstart economic growth. By giving the On the majority side, I would like to thank Bob with greater educational opportunities. The Act FDIC greater discretion to manage the insur- Foster, Carter McDowell, Peggy Peterson, recognizes the shared benefits, by both soci- ance funds based on industry conditions and Tom Duncan, Peter Barrett and Dina Ellis who ety and the individual, of a higher education. economic trends, the legislation will ease vola- serves as my designee on the Committee. I But instead of working to further those goals, tility in the banking system and facilitate recov- want to give a special thanks to Jim Clinger the changes to student loan programs that we ery from economic downturns. who recently left the Committee to work at the are faced with today undermine the goal of Third, the legislation makes monumental Department of Justice. Without Jim’s hard HEA. changes to law with regard to deposit insur- work, dedication and knowledge we would not We must make it clear that we place stu- ance coverage levels. The system has gone be here today, and I am grateful for all of his dents above tax cuts for the wealthy and de- 25 years without such an adjustment—the efforts. I would also like to thank Larry Lav- feat this bill. I urge my colleagues to stand longest period in its history—and the in- ender, Warren Tryon and Kim Olive of my with me and oppose H. Res. 653. creases provided for in the legislation are crit- staff for their work on this issue. On the minor- Mr. BACHUS. Mr. Speaker, I rise in strong ical if deposit insurance is to maintain its rel- ity staff, I would like to thank the following staff support of the Deposit Insurance Reform legis- evance. The legislation establishes a perma- members: Jeanne Roslanowick, Jaime lation included in S. 1932, the Deficit Reduc- nent indexation system to ensure that cov- Lizarraga, Erika Jeffers, Ken Swab and Matt tion Act of 2005. erage levels keep pace with inflation by index- Schumaker of Congresswoman HOOLEY’s I want to begin by thanking Financial Serv- ing coverage from its current level of $100,000 staff. ices Committee Chairman OXLEY for his re- every five years. The indexation, which begins In closing, Mr. Speaker, let me just say that lentless efforts on moving this deposit insur- in 2010, applies to all accounts, including re- this legislation will promote the stability and ance reform legislation. He has shown tremen- tirement and municipal accounts. Without soundness of the banking system. It will also dous leadership in steering this complex bill these changes, deposit insurance will wither provide assurance to working families, retir- through the legislative process, and I am on the vine, which is an unacceptable out- ees, and others who place their hard-earned deeply grateful that he gave me the oppor- come for the millions of Americans who de- savings in U.S. banks, thrifts, and credit tunity to work on this landmark piece of legis- pend upon it to protect their savings. unions that their FDIC-insured deposits are lation. I also want to thank the Ranking Mem- The legislation also immediately increases safe and secure. ber of the Committee, Mr. FRANK, for his sup- deposit insurance coverage available to retire- Mr. COOPER. Mr. Speaker, I would like to port. This was truly a bipartisan effort, and I ment accounts, including IRAs and 401ks, discuss a provision of S. 1932 that has believe we have a better legislative product from its current level of $100,000 to $250,000. caused great concern among hospitals because of that. In addition, I want to express Particularly in light of volatility on Wall Street throughout the State of Tennessee and in my my deep appreciation for Senator SHELBY’s and other developments that have shaken own district. This provision relates to the cal- work on increasing coverage for retirement ac- confidence in the markets in recent years, culation of Medicare disproportionate share counts to $250,000. senior citizens and those planning for retire- payments for hospitals, commonly known as Deposit insurance reform has been thor- ment need a convenient, conservative, and the DSH adjustment. oughly discussed and debated over several secure place for their retirement savings. With Congress created the DSH adjustment to years. During both the 107th (H.R. 3717) and the higher coverage levels provided for in this provide appropriate funding to hospitals and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 573 other Medicare providers who care for a dis- Mr. HERGER. Mr. Speaker, I am pleased to stacles, and this legislation provides funding proportionate share of low income inpatients. join my colleagues today in support of S. for services to help parents lead fuller lives However, since its enactment into law, there 1932, the Deficit Reduction Act of 2005, which and better support their families without need- has been a dispute between hospitals provides needed reform to several programs ing welfare. throughout the country and the Centers for and slows the growth of mandatory spending. I urge my colleagues to support this legisla- Medicare and Medicaid Services (CMS) over This conference report achieves important tion, which builds on the success of the 1996 how to calculate the DSH adjustment. Fifteen savings through the modification of certain welfare reforms and offers brighter prospects hospitals in Tennessee took CMS to court programs, while making significant new invest- for the future of millions of low-income fami- over this dispute in the case of Cookeville Re- ments in child care, child protection, and the lies. gional Medical Center v. Thompson. At issue promotion of marriage and families, among Mr. PUTNAM. Mr. Speaker, I yield in Cookeville was whether CMS should in- other changes. back the balance of my time, and I clude all Medicaid days related to a patient’s This legislation includes a compromise on move the previous question on the res- stay in the DSH calculation, even if the patient child support for families that provides more olution. was only eligible for Medicaid benefits through support directly to families, especially those The previous question was ordered. a federally approved Medicaid 1115 waiver who have left welfare. It saves $1.6 billion by The SPEAKER pro tempore (Mr. program. CMS took the position it would ex- ending state ‘‘double dipping’’ on Federal child SIMPSON). The question is on the reso- clude Medicare waiver days from the DSH cal- support incentive funds. Additionally, this legis- lution. culation prior to January 20, 2000, in its dis- lation provides $300 million for court improve- The question was taken; and the cussion of an interim final rule promulgated on ments and services to assist families involved Speaker pro tempore announced that January 20, 2000. with foster care and adoption programs. Tech- the ayes appeared to have it. On September 30, 2005, the United States nical changes to the Supplemental Security In- Ms. SLAUGHTER. Mr. Speaker, on District Court for the District of Columbia come program save an additional $725 million. that I demand the yeas and nays. agreed with the Tennessee hospitals that Importantly, this conference report reauthor- The yeas and nays were ordered. Medicare waiver days must be included for the izes the nation’s welfare reform law, which The SPEAKER pro tempore. Pursu- years 1994 to 2000. The Court determined was originally signed into law in 1996, expired ant to clause 8 of rule XX and the that Congress intended to include these days in 2002, and has been temporarily extended a Chair’s prior announcement, further in the DSH calculation when it enacted the dozen times. Welfare reform has been a suc- proceedings on this question will be Medicare DSH statute. CMS’s interim final rule cess in reducing poverty, ending dependency, postponed. did not change that. For the Tennessee hos- and promoting work. Child poverty has fallen f pitals, the decision in Cookeville means up to sharply since 1996 with 1.4 million children $100 million in corrected payments covering being lifted out of poverty. Meanwhile, work USA PATRIOT ACT 5-WEEK the years 1994 to 1999. CMS appealed the among welfare recipients has more than dou- EXTENSION District Court’s September 30th decision on bled as welfare caseloads have fallen by more Mr. SENSENBRENNER. Mr. Speak- December 23rd. than 9 million. Mr. Speaker, I thought that this resolved the er, I move to suspend the rules and Despite these successes, we still have work pass the bill (H.R. 4659) to amend the matter, however I was disturbed to see lan- to do. Currently, 58 percent of welfare recipi- guage in S. 1932 that CMS might argue ap- USA PATRIOT Act to extend the sun- ents are not working or engaged in training set of certain provisions of such Act. plies to the Cookeville case on appeal. Sec- programs to acquire necessary skills. Two mil- tion 5002(b) of the Medicare Title of S. 1932 The Clerk read as follows: lion families continue to be dependent on wel- H.R. 4659 ratifies the interim final rule promulgated on fare. In addition, far too many families break Be in enacted by the Senate and House of January 20, 2000 by CMS and makes it effec- up or never form; these broken homes leave tive on the date it was promulgated. In other Representatives of the United States of America millions of children and parents at a higher in Congress assembled, words, CMS might attempt to accomplish leg- risk for future welfare dependence. islatively what it could not accomplish in SECTION 1. EXTENSION OF CERTAIN PROVISIONS The welfare reauthorization contained in this OF THE USA PATRIOT ACT. Cookeville. conference report will continue and strengthen I rise today to state, as a member of the Section 224(a) of the Uniting and Strength- the reforms enacted in 1996. While this legis- ening America by Providing Appropriate House Budget Committee which has jurisdic- lation does not include all of the provisions Tolls Required to Intercept and Obstruct tion over S. 1932, the Deficit Reduction Act, passed by the House in 2002, 2003, and Terrorism (USA PATRIOT ACT) Act of 2001 that Sec 5002(b) should not be used to re- 2005, it includes the essential features of (Public Law 107–56; 115 Stat. 295) is amended verse the Cookeville decision and deny Ten- those proposals. With passage of this legisla- by striking ‘‘February 3, 2006’’ and inserting nessee its correct DSH payments as deter- ‘‘March 10, 2006’’. tion, we will help even more low-income fami- mined under the Medicare statute for the lies and parents support themselves by pro- The SPEAKER pro tempore. Pursu- years 1994 through 1999. moting more work and stronger families. Child ant to the rule, the gentleman from Mr. MARIO DIAZ-BALART of Florida. Mr. Wisconsin (Mr. SENSENBRENNER) and Speaker, today House Republicans highlighted care funding will be increased by $1 billion over the next 5 years and States will continue the gentleman from Virginia (Mr. their commitment to sound fiscal policy and SCOTT) each will control 20 minutes. protecting the hard-earned income of the to receive Record Federal welfare funds, despite huge caseload declines since 1996. The Chair recognizes the gentleman American taxpayer by passing the Deficit Re- from Wisconsin. duction Act. This legislation finds almost $40 To complement these reforms, the con- GENERAL LEAVE billion in savings through programmatic reference report also provides $500 million for forms to mandatory spending. the promotion of healthy marriages and $250 Mr. SENSENBRENNER. Mr. Speak- Along with my Republican colleagues, I sup- million for programs to encourage responsible er, I ask unanimous consent that all ported this vital legislation because it ensures fatherhood. Independent studies show one of Members may have 5 legislative days that Federal programs are more efficient for the most effective ways to reduce child pov- within which to revise and extend their the beneficiaries that rely upon them, while erty and improve child well-being is by pro- remarks and include extraneous mate- safeguarding taxpayer dollars. moting healthy, stable marriages. These pro- rial on H.R. 4659 currently under con- Unfortunately, the radical left wing could not grams are an important part of preventing fu- sideration. even support this modest step towards making ture welfare dependence. Despite the often The SPEAKER pro tempore. Is there government more efficient. It seems that rais- heroic efforts of single parents to work and objection to the request of the gen- ing taxes and recklessly spending is the only care for them, children raised by single par- tleman from Wisconsin? fiscal policy they will support. ents are five times more likely to live in pov- There was no objection. I applaud the Leadership of the House and erty, five times more likely to depend on wel- Mr. SENSENBRENNER. Mr. Speak- Senate for bringing this legislation to the floor fare, two to three times more likely to show er, I yield myself such time as I may and greatly appreciate the President’s support behavioral problems, and twice as likely to consume. and commitment to fiscal responsibility and recommit crimes or go to jail. These parents and Mr. Speaker, I rise in support of H.R. ducing the deficit. families need more help to overcome such ob- 4659, to extend until March 10 crucial

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 574 CONGRESSIONAL RECORD—HOUSE February 1, 2006 provisions of the PATRIOT Act set to 6. July 11, 2005, letter from Assistant At- 24. April 21, 2005, House Subcommittee on expire this Friday. torney General William Moschella to Rep. Crime, Terrorism, & Homeland Security On December 23 of last year, both Bobby Scott responding to questions regard- hearing on Crime, Terrorism, & the Age of Houses unanimously passed a short- ing use of the USA PATRIOT Act; Technology—(Section 209: Seizure of Voice- 7. July 11, 2005, letter from Assistant At- term extension of the PATRIOT Act to Mail Messages Pursuant to Warrants; Sec- torney General William Moschella to the tion 217: Interception of Computer Tres- preserve critical antiterrorism initia- House Committee on the Judiciary regarding passer Communications; & Section 220: Na- tives that were set to expire at the end use of the USA PATRIOT Act; tionwide Service of Search Warrants for of last year. Unfortunately, we must 8. July 5, 2005, letter from FBI Director Electronic Evidence); pass another extension today because a Meuller to Senate Committee on the Judici- 25. April 20, 2005, Senate Subcommittee on minority of Members of the other body ary responding to questions regarding use of Terrorism, Technology, & Homeland Secu- have blocked an up-or-down vote on the USA PATRIOT Act; rity hearing: A Review of the Material Sup- the conference report for H.R. 3199, the 9. July 1, 2005, letter from Assistant Attor- port to Terrorism Prohibition; ney General William Moschella to Rep. 26. April 19, 2005, House Subcommittee on USA PATRIOT and Terrorism Preven- Bobby Scott responding to questions regard- tion Reauthorization Act of 2005 which Crime, Terrorism, & Homeland Security ing use of the USA PATRIOT Act; hearing on Sections 203(b) and (d) of the USA the full House passed by a broad bipar- 10. July 1, 2005, letter from House Com- PATRIOT Act and their Effect on Informa- tisan vote of 257–171 on December 14. mittee on the Judiciary to the Attorney tion Sharing; The opponents in the other body have General regarding use of the USA PATRIOT 27. April 6, 2005, House Committee on the repeatedly cited their concern for civil Act; . Judiciary hearing with Attorney General liberties as a justification for their ob- 11. June 29, 2005, letter from Assistant At- Gonzales; struction. Ironically, the conference torney General William Moschella to the 28. April 5, 2005, Senate Committee on the report that has been blocked contains Senate Committee on the Judiciary respond- Judiciary hearing on Oversight of the USA ing to April 5, 2005, letter regarding use of PATRIOT Act; dozens of vital civil liberty protec- the USA PATRIOT Act; tions, many included at their request. 29. March 22, 2005, Department of Justice 12. June 10, 2005, House Committee on the law enforcement sensitive briefing for Com- b 1600 Judiciary hearing on reauthorization of the mittee on the Judiciary Members and staff USA PATRIOT Act; on the use of FISA under the USA PATRIOT The original PATRIOT Act contains 13. June 8, 2005, House Committee on the Act; none of these protections. As a result, Judiciary hearing on reauthorization of the 30. September 22, 2004, Senate Committee USA PATRIOT Act; we are once again forced to extend the on the Judiciary hearing: A Review of 14. May 26, 2005, House Subcommittee on current PATRIOT Act rather than to Counter-Terrorism Legislation & Proposals, Crime, Terrorism, & Homeland Security implement the current important civil Including the USA PATRIOT Act & the hearing on Material Witness Provisions of liberties protections contained in the SAFE Act May 5, 2004, Senate Committee on the Criminal Code & the Implementation of the Judiciary hearing: Aiding Terrorists—a conference report that even its detrac- the USA PATRIOT Act; Section 505 that Ad- Review of the Material Support Statute; tors acknowledge is an improvement dresses National Security Letters; & Section 31. May 20, 2004, Senate Committee on the over current law. 804 that Addresses Jurisdiction over Crimes Judiciary hearing on FBI Oversight: Ter- When the PATRIOT Act was first Committed at U.S. Facilities Abroad; passed in October of 2001, I pledged to 15. May 19, 2005, letter from House Com- rorism; rigorously examine its implementation mittee on the Judiciary to the Attorney 32. April 14, 2004, Senate Committee on the Judiciary hearing on Preventing & Respond- to ensure that new law enforcement General regarding use of the USA PATRIOT Act; ing to Acts of Terrorism: A Review of Cur- authorities did not violate civil lib- rent Law; erties. Since April of 2005 alone, the 16. May 10, 2005, House Subcommittee on Crime, Terrorism, & Homeland Security 33. February 3, 2004, Department of Justice House Judiciary Committee received hearing on the prohibition of Material Sup- briefing for House Committee on the Judici- testimony from 35 witnesses during 12 port to Terrorists & Foreign Terrorist Orga- ary staff on its views of S. 1709, the ‘‘Secu- hearings on the PATRIOT Act. In addi- nizations & on the DOJ Inspector General’s rity and Freedom Ensured (SAFE) Act of tion to hearings, I have requested, Reports on Civil Liberty Violations under 2003,’’ and H.R. 3352, the House companion bill, as both bills proposed changes to the along with Ranking Member CONYERS, the USA PATRIOT Act; written responses from the Attorney 17. May 10, 2005, Senate Committee on the USA PATRIOT Act; Judiciary hearing on continued oversight of 34. November 20, 2003, request by Chairmen General to detailed questions regarding Sensenbrenner & Hostettler to GAO request- use of the PATRIOT Act and whether the USA PATRIOT Act; 18. May 5, 2005, House Subcommittee on ing a study of the implementation of the any of its provisions have been used to Crime, Terrorism, & Homeland Security USA PATRIOT Act anti-money laundering violate individuals’ civil liberties. hearing on Section 212 of the USA PATRIOT provisions. Report was released on June 6, A chronology of these legislative and Act that Allows Emergency Disclosure of 2005; oversight activities follows: Electronic Communications to Protect Life 35. October 29, 2003, Department of Justice OVERSIGHT OF THE USA PATRIOT ACT FROM and Limb; classified briefing for Committee on the Ju- OCTOBER, 2001, TO NOVEMBER, 2005: 19. May 3, 2005, House Subcommittee on diciary Members & staff on the use of FlSA 1. November 9, 2005, Department of Justice Crime, Terrorism, & Homeland Security under the USA PATRIOT Act; classified briefing for Committee on the Ju- hearing on Sections 201, 202, 213, & 223 of the 36. September 10, 2003, Senate Sub- diciary staff on press accounts of FBI use of USA PATRIOT Act & Their Effect on Law committee on Terrorism, Technology, & NSLs; Enforcement Surveillance; Homeland Security hearing on Terrorism: 2. October 25, 2005, Department of Justice 20. April 28, 2005, House Subcommittee on Two Years After 9/11, Connecting the Dots; classified briefing for House & Senate Com- Crime, Terrorism, & Homeland Security 37. August 7, 2003, Department of Justice mittees on the Judiciary and Committees on hearing: Section 218 of the USA PATRIOT briefing for House Committee on the Judici- Intelligence staff on press accounts of FBI Act—If It Expires Will the ‘‘Wall’’ Return?; ary Members and staff regarding the long- use of NSLs; 21. April 28, 2005, House Subcommittee on standing authority for law enforcement to 3. October 6, 2005, Department of Justice Crime, Terrorism, & Homeland Security conduct delayed searches & collect business classified briefing for Committee on the Ju- hearing: Have Sections 206 and 215 Improved records & the effect of the USA PATRIOT diciary Members and staff on press accounts Foreign Intelligence Surveillance Act (FISA) Act on those authorities; of mistakes in FBI applications to the For- Investigations?; 38. July 23, 2003, Senate Committee on the eign Intelligence Surveillance Court under 22. April 26, 2005, letter from Assistant At- Judiciary hearing on Law Enforcement & the USA PATRIOT Act; torney General William Moschella to Sen- Terrorism; 4. July 12, 2005, letter from Assistant At- ator Dianne Feinstein responding to April 4, 39. June 13, 2003, letter from Assistant Sec- torney General William Moschella to the 2005, letter regarding use of the USA PA- retary for Legislative Affairs at the Depart- House Committee on the Judiciary respond- TRIOT Act; ment of Homeland Security, Pamela J. Tur- ing to July 1, 2005, letter regarding use of the 23. April 26, 2005, House Subcommittee on ner, to the House Committee on the Judici- USA PATRIOT Act; Crime, Terrorism, & Homeland Security ary responding to questions regarding the 5. July 12, 2005, letter from Assistant At- hearing: Have Sections 204, 207, 214, & 225 of USA PATRIOT Act; torney General William Moschella to the the USA PATRIOT Act, & Sections 6001 & 40. June 10, 2003, Department of Justice House Committee on the Judiciary respond- 6002 of the Intelligence Reform & Terrorism classified briefing for Committee on the Ju- ing to May 19, 2005, letter regarding use of Prevention Act of 2004, improved FISA Inves- diciary Members & staff on the use of FISA the USA PATRIOT Act; tigations?; under the USA PATRIOT Act;

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 575 41. June 5, 2003, House Committee on the find any evidence that the FBI misused investigation to protect against inter- Judiciary hearing on the U.S. Department of any of the provisions of the PATRIOT national terrorism or espionage. This pro- Justice, including its use of the provisions Act in conducting its investigation of vides additional safeguards to the original authorized by the USA PATRIOT Act; Mayfield.’’ USA PATRIOT Act, which required the gov- 42. May 20, 2003, House Subcommittee on ernment only to certify that the records at the Constitution hearing: Anti-Terrorism In- Even though no credible evidence of issue were sought for an authorized inves- vestigations and the Fourth Amendment abuse of the PATRIOT Act has been re- tigation—without any factual showing. After September 11th: Where and When Can ceived by Congress, the conference re- Requires a three part test for section 215 Government Go to Prevent Terrorist At- port adopted over 30 new additional orders that ensures the records are sought tacks; civil liberty protections to address con- for: a foreign power or an agent of a foreign 43. May 13, 2003, letter from Acting Assist- cerns about the potential for misuse. power; the activities of a suspected agent of ant Attorney General, Jamie Brown to the For example, the conference report a foreign power who is the subject of an au- House Committee on the Judiciary respond- contained several new reporting re- thorized investigation; or an individual in ing to questions regarding the USA PA- contact with, or known to, a suspected agent TRIOT Act; quirements that will provide additional of a foreign power who is the subject of an 44. April 1, 2003, letter from the House information for congressional over- authorized investigation. This test combined Committee on the Judiciary to the Attorney sight of the act. These provisions es- with the newly required statement of facts General regarding use of the USA PATRIOT tablish specific procedures to consult should mitigate concerns of government Act; legal counsel and seek judicial review ‘‘fishing expeditions,’’ while maintaining the 45. October 9, 2002, Senate Subcommittee for those wishing to challenge the na- flexibility for legitimate terrorism inves- on Terrorism, Technology, & Homeland Se- tional security letter or a section 215 tigations. curity hearing: Tools Against Terror: How Explicitly guarantees the right for recipi- the Administration is Implementing New order, two of the authorities most ents of section 215 orders to consult legal Laws in the Fight to Protect our Homeland; criticized by opponents. counsel and seek judicial review. 46. September 20, 2002, letter from Assist- Additionally, the conference report Requires high level approval by either the ant Attorney General, Daniel Bryant, to the increases accountability by requiring FBI Director, Deputy Director, or Executive House Committee on the Judiciary respond- the FBI director, deputy director, or Assistant Director for requests for certain ing to questions regarding the USA PA- executive assistant director to author- records, including library records, medical TRIOT Act; ize applications that request the FISA records, educational records, and tax return 47. September 10, 2002, Senate Committee records. on the Judiciary hearing on the USA PA- court to issue a section 215 order for Limits the scope of section 215 orders to TRIOT Act in Practice: Shedding Light on certain records, including library materials that could be obtained via grand the FISA Process; records, medical records, educational jury subpoena or a similar court order for 48. August 26, 2002, letter from Assistant record and tax return records. The con- the production of records. Attorney General, Daniel Bryant, to the ference report also requires public re- Limits retention, and prohibits dissemina- House Committee on the Judiciary respond- porting of the aggregate use of section tion, of information concerning U.S. persons. ing to questions regarding the USA PA- 215 orders. Requires that the DOJ Inspector General TRIOT Act; conduct two separate audits of the FBI’s use 49. July 26, 2002, letter from Assistant At- Because time does not permit me to of section 215 orders that will examine: any torney General Daniel Bryant to the House detail all of the civil liberty protec- noteworthy facts or circumstances relating Committee on the Judiciary responding to tions contained in the conference re- to 215 orders, including any improper or ille- questions regarding the USA PATRIOT Act; port, the following list details each of gal use of the authority; the manner in 50. July 25, 2002, Senate Committee on the those safeguards. which such information is collected, re- Judiciary hearing on the Department of Jus- ADDITIONAL CIVIL LIBERTIES PROTECTIONS tained, analyzed, and disseminated by the tice, including its implementation of the au- CONTAINED IN THE CONFERENCE REPORT ON FBI; and an assessment of whether the mini- thorities granted by the USA PATRIOT Act; H.R. 3199, THE ‘‘USA PATRIOT IMPROVE- mization procedures protect the constitu- 51. June 13, 2002, letter from the House MENT AND REAUTHORIZATION ACT OF 2005’’ tional rights of United States persons. Committee on the Judiciary to the Attorney Requires enhanced reporting to Congress of The conference report contains the fol- General regarding use of the USA PATRIOT section 215 orders, including a breakdown of lowing additional safeguards: Act; its use to obtain library records, medical Requires a description of a specific target 52. April 17, 2002, Senate Subcommittee on records, educational records, and other sen- in both the application and the court order Administrative Oversight and the Courts sitive types of records. hearing: ‘‘Should the Office of Homeland Se- for ‘‘roving wiretaps,’’ and specific facts in Requires public reporting of the aggregate curity Have More Power? A Case Study in the application that show that the target’s use of section 215 orders. Information Sharing;’’ actions may thwart surveillance efforts—if Allows recipients of National Security Let- 53. December 6, 2001, Senate Committee on the target’s true identity is unknown. ters (NSLs) to consult with legal counsel. the Judiciary hearing on DOJ Oversight: Requires that the FBI must notify the Creates an explicit right to judicial review Preserving our Freedoms While Defending court within 10 days after beginning surveil- of NSL requests. Against Terrorism; lance of any new phone for all ‘‘roving wire- Permits a reviewing court to modify or set 54. December 4, 2001, Senate Committee on taps.’’ The notice must include the total aside an NSL if compliance would be unrea- the Judiciary hearing on DOJ Oversight: number of electronic surveillances conducted sonable, oppressive, or otherwise unlawful— Preserving our Freedoms While Defending under the court’s multipoint order. this is the same standard used to modify or Against Terrorism; Includes new reporting requirements to quash a subpoena in a criminal case. 55. November 28, 2001, Senate Committee Congress, including new details about the Provides for judicial review of the non- on the Judiciary hearing on DOJ Oversight: use of ‘‘roving’’ authority. disclosure requirements. Preserving our Freedoms While Defending Requires that for delayed notice search Adds a ‘‘knowing and willfully’’ standard Against Terrorism; and warrants that notice of the search be given that must be proven before someone who dis- 56. October 3, 2001, Senate Subcommittee within 30 days of its execution, unless the closes an NSL can be subject to a 1-year mis- on the Constitution, Civil Rights, & Prop- facts justify a later date, eliminating the demeanor offense. erty Rights hearing: Protecting Constitu- open-ended period of delay permissible under Requires the DOJ IG to conduct two com- tional Freedoms in the Face of Terrorism. current law. prehensive audits of the FBI’s use of NSLs. Allows for extensions of the delay period in Mr. SENSENBRENNER. The Inspec- Requires the Attorney General and the Di- giving notice of a search, but only upon an rector of National Intelligence to submit to tor General has issued six reports and updated showing of the need for further Congress a report on the feasibility of apply- found no evidence that law enforce- delay. Also, it limits any extension to 90 ing minimization procedures to NSLs to en- ment has abused the PATRIOT Act. days or less, unless the facts of the case jus- sure the protection of constitutional rights Opponents of the PATRIOT Act have tify a longer delay. of U.S. persons. repeatedly pointed to the Brandon Adds new reporting requirements to Con- Adds a new ‘‘sunshine’’ provision that re- Mayfield case as an example of abuse of gress on the use of delayed notice search quires annual public reporting on NSLs. the act. Members of Congress asked the warrants. Provides for expanded congressional access Requires for section 215 orders, relating to to significant FISA reporting currently pro- DOJ Inspector General to examine investigator’s access to business records, a vided to the Intelligence Committees. whether the PATRIOT Act was abused statement of facts showing reasonable Includes a provision requiring the FISA in this case. On January 6, 2006, the In- grounds to believe that the records or other Court to submit its rules and procedures to spector General concluded: ‘‘We do not things sought are relevant to an authorized Congress.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 576 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Creates new reporting requirements for the ously a criminal warrant could be Do we want a repeat of that? I do not use of emergency authorities under FISA. given. We need to look and see exactly think any of us do. But those who seem Requires new reporting on the use of emer- what is being done and review the law to imagine that President Bush is a gency disclosures of communications infor- to determine whether or not they are, mation made under section 212 of the USA greater threat to civil liberties than PATRIOT Act. in fact, illegal. The elimination of to- Osama bin Laden is to American lives Requires the Department of Justice to sub- tally unnecessary provisions in the and liberties need to stop politicizing mit a report to Congress on the Depart- conference report involving habeas cor- this issue and work with the rest of us ment’s data-mining activities. pus and expanding the death penalty to strike a rational balance between a Mr. SENSENBRENNER. I would re- had nothing to do with the original legitimate concern for civil liberties mind Members, Mr. Speaker, of both PATRIOT Act. and the imperative need to equip the Houses that the conference committee Mr. Speaker, as the chairman has in- agencies responsible for our national dissolved after the conference report dicated, there are improvements in the security with the technological tools was filed and the House acted in a bi- PATRIOT Act that are in the con- necessary to do their job in an environ- partisan manner to approve it. I be- ference report, but we need to make ment where a few hours’ delay might lieve it is healthy to continue to de- sure that we have a version that can prove lethal. bate the merits of the PATRIOT Act pass. We can pass a PATRIOT Act. The Let us refuse to tie our hands again and to continue vigorous congressional Senate has passed the PATRIOT Act as our hands were tied before Sep- oversight of its authorities. But it is several times on virtually a unanimous tember 11, with the gravest results. also imperative that we not play polit- vote or even unanimous consent. The The PATRIOT Act is as necessary ical games with the vital tools our law House Judiciary Committee passed today as the reauthorization of the enforcement and intelligence commu- unanimously the original PATRIOT draft was in the dangerous months be- nities need to keep us safe from addi- Act until a late-night switch to an- fore Pearl Harbor. A few months before tional attacks on American soil. other version that no one had read. But that devastating surprise attack, this We must not rebuild the wall of sepa- we can pass a PATRIOT Act; and if we House came within one vote of essen- ration between the FBI and CIA and reuse our time effectively, we can de- tially dismantling the U.S. Army by turn to the pre-9/11 mindset that made velop an act which serves the needs of refusing to reauthorize conscription. America vulnerable to a terrorist at- law enforcement without allowing the Wiser counsels prevailed. tack. I urge my colleagues to join me unnecessary spying on law-abiding citi- Let us rise to our responsibility as in supporting this extension of the PA- zens. those who saw more clearly in mid-1941 TRIOT Act so as to give the other body Mr. Speaker, I reserve the balance of rose to theirs, and let us give those my time. the time to expeditiously pass the con- charged with the weighty responsi- Mr. SENSENBRENNER. Mr. Speak- ference report on H.R. 3199. As recent bility of providing for our national se- er, I yield such time as he may con- curity in a new kind of war, fought events have highlighted, the threat of sume to the gentleman from Illinois terrorism has not receded, nor has the with new kinds of weapons, the tools (Mr. HYDE), my distinguished prede- and the legal authority they need to do urgency of continued vigilance. cessor as chairman of the Judiciary Mr. Speaker, I reserve the balance of their crucial job. Committee. my time. Mr. HYDE. Mr. Speaker, I take the Mr. SCOTT of Virginia. Mr. Speaker, Mr. SCOTT of Virginia. Mr. Speaker, floor to remind my colleagues of two I now yield such time as she may con- I yield myself such time as I may con- home truths that may have been for- sume to the gentlewoman from Cali- sume. gotten in the 4 years and 4 months fornia (Ms. HARMAN), the ranking Mr. Speaker, I intend to support this since September 11, 2001. member of the Select Committee on In- short extension today. And doing so The first of these is that we are a Na- telligence. will give the Members an opportunity tion at war. Decades of dealing with Ms. HARMAN. Mr. Speaker, I strong- to work together to work on the con- terror networks like al Qaeda as a mat- ly support powerful, flexible, and mod- ference report from the last Congress ter of law enforcement or criminal jus- ern tools to detect the plans and inten- to include some commonsense improve- tice helped bring us to September 11. tions of terrorists who may be oper- ments to ensure that there are appro- We passed the PATRIOT Act because ating in our country. For that reason, priate protections for our citizens’ civil we understood that we are at war with I voted for the PATRIOT Act, even rights and civil liberties. international terrorism and that war- though I believed and still believe Now, many of the provisions of the time measures were required. there is room for improvement. original PATRIOT Act for which con- The second home truth is that this We are being asked today to extend cerns had been expressed have proven war is being fought in a technological the PATRIOT Act for 5 weeks so that to be noncontroversial and have not environment as different from World Congress can continue to work on some operated to threaten civil liberties. War II as the technology of World War of its most controversial provisions. I Other provisions, however, have be- II is different from the technology of think this extension makes good sense. come more problematic. This extension the War Between the States. In a high We must extend it, mend it, but not will give us the time to look at things velocity age of digital communica- end it. like the searches for libraries and other tions, the President and those most di- To that end, I hope we can soon reach intrusive records; second, a standard rectly responsible for forestalling an- agreement on critical issues. First, we should for issuing national security letters other attack of this sort that Osama modify the report to explicitly require that which are essentially subpoenas with- bin Laden recently threatened must records sought under Section 215—commonly out probable cause and without the have the means appropriate to the life- called the Library provision—be connected to normal checks and balances and a or-death task at hand. a foreign power or an agent of a foreign mechanism for making sure that per- If my colleagues will permit me, power. This is the traditional FISA standard. A sonal information obtained under these there has been something surreal, even looser standard invites ‘‘fishing expeditions.’’ letters is destroyed or properly pro- unreal, about the recent debate on this Second, we should explicitly state 215 re- tected. front. We seem to have forgotten that cipients have the right to challenge a gag A review of wire taps, I think, is ap- the terrorists who hijacked the plane order in court. propriate, the roving wiretaps and also that was flown into the Pentagon on Third, we should ensure that National Secu- review of wiretaps under the Presi- September 11 received more than a rity Leaders are not used as back doors for dent’s new NSA policy which many dozen calls from al Qaeda operatives in getting library circulation, medical, tax and legal scholars believe are just illegal. Yemen while the terrorists were living educational institutions records, and to modify Those are spying on domestic law-abid- in San Diego, and that the NSA, fearful the ‘‘conclusive presumption’’ language which ing citizens. If there is probable cause of being accused of domestic spying, makes it virtually impossible for NSL recipients that someone is breaking the law, obvi- did not act. to challenge ‘‘gag’’ orders in court. These and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 577 other critical changes to NSLs are included tyranny of the magistrate is not 109th Congress. One of the most talked about H.R. 4570—a bill that I, my colleagues on the enough. There needs protection against issues surrounding the PATRIOT Act is the Intelligence Committee, Representative CON- also the tyranny of the prevailing opin- President’s authority to conduct warrantless YERS and other congressional leaders intro- ion and feeling.’’ electronic surveillance searches—in essence, duced in December. This is an important extension, and I execute an order that allows the National Se- As part of the negotiations, Congress wish it were longer because it is crucial curity Agency, NSA, to monitor, without a war- must also insist that the President pro- that we investigate beyond the in- rant, the international, and sometimes domes- vide the facts on his NSA terrorist sur- fringement on library records, beyond tic, telephone calls and e-mail messages of veillance program. His refusal to brief the infringement in terms of wire- hundreds and possibly even thousands of citi- the 36 Members of the intelligence tapping, is the President’s NSA ter- zens and legal residents inside the United committees, even though hundreds of rorist surveillance program and the States. people in the executive branch have lack of use of FISA. I do not oppose the monitoring of telephone been briefed, violates the requirements b 1615 calls and e-mail messages when it is nec- of the National Security Act of 1947. essary for national security reasons. I oppose The President also needs to explain FISA is an effective tool, and as I engaging in such monitoring without a warrant why current law, the Foreign Intel- heard the President use the term, to be as the law specifies. We have a Foreign Intel- ligence Surveillance Act, does not pro- hit again, obviously striking at the ligence Surveillance Court that was estab- vide an adequate framework for his fear and the hearts of Americans. None lished for the sole purpose of issuing such program. Some claim that FISA can- of us want to be hit again, but we do warrants when they are justified. That court not handle modern communications. want to protect our civil liberties. This should have been allowed to decide whether But the fact is that the administration extension will allow that very effective the telephone calls and e-mail messages of requested, and Congress passed as part debate, and we will get the right way American citizens and legal residents is justi- of the PATRIOT Act of 2001, numerous to fix the PATRIOT Act and protect fied by security needs. Doing this kind of sur- changes to FISA to deal with phones, America. veillance without a warrant is illegal. e-mail and the Internet. For example, One of our Founding Fathers, John Quincy The day after this monitoring became public, Congress lowered the legal standards Adams, made the following statement regard- President Bush admitted that he had author- for FISA pen registers and trap-and- ing the importance of civil liberties: ized it but argued that he had the authority to trace devices to make it easier to track Individual liberty is individual power, and do so. According to the President, his order the calls of terrorists who may be in as the power of a community is a mass com- was ‘‘fully consistent with my constitutional re- the U.S. We also expanded these pen pounded of individual powers, the nation sponsibilities and authorities.’’ But his constitu- which enjoys the most freedom must nec- traps to cover e-mail and the Internet, essarily be in proportion to its numbers the tional duty is to ‘‘take care that the laws be and we granted roving John Doe wire- most powerful nation. faithfully executed’’, article II, section 3; the tap authority to deal with the issue of I have in my hand a copy of chapter 1 of law here clearly establishes well-defined pro- unidentified terrorists switching John Stuart Mill’s On Liberty, written in 1859. cedures for eavesdropping on U.S. persons, phones. Selections of this chapter are quite fitting for and the fact is, President Bush ordered that Moreover, in the 2002 Intelligence Au- today’s proceeding: those procedures not be followed. Further, thorization Act, we extended the FISA from a statutory argument point of view, it is emergency provision to 72 hours, so Protection, therefore, against the tyranny of the magistrate is not enough; there needs not credible that the 2001 authorization to use that surveillance is not delayed by the protection also against the tyranny of the pre- force provides authority for the President to ig- paperwork involved in getting a war- vailing opinion and feeling; against the tend- nore the requirements of FISA. It is very rant. All of these authorities were pow- ency of society to impose, by other means than doubtful that the courts would sustain the ers that the President asked for and civil penalties, its own ideas and practices as President on this basis. From a constitutional supported. rules of conduct on those who dissent from standpoint, the President can try to make a Mr. Speaker, FISA is modern, flexi- them; to fetter the development, and, if pos- case, although it is weak, that he does have ble, and effective. Since 1979, 19,000 sible, prevent the formation, of any individ- constitutional authority to conduct warrantless warrants have been approved. Those uality not in harmony with its ways, and compel all characters to fashion themselves wiretaps of American citizens in the U.S.. for who prepare the warrants tell me the upon the model of its own. There is a limit to national security purposes. Because the Su- process is efficient. If the President be- the legitimate interference of collective opinion preme Court has never said he does not have lieves otherwise, he must come to Con- with individual independence; and to find that this power, some regard it as an open ques- gress and explain why. limit, and maintain it against encroachment, is tion. However, passage of FISA seriously un- Mr. Speaker, the message conferees, as indispensable to a good condition of human dermines this argument. and I am one, must send is that the affairs, as protection against political des- In closing let me note that this 6-week ex- American people want to do whatever potism. (emphasis added). tension is not enough time to resolve the im- is necessary to defend America. Let me We passed the PATRIOT Act in 2001 6 portant issues that surround the PATRIOT Act. repeat: the American people want to do weeks after the terrorist attacks of September Further I am very disappointed, but not sur- whatever is necessary to defend Amer- 11. While the actual bill passed by wide mar- prised that the Republicans have not been ica. But we also want our President to gins in both Chambers of Congress, I made willing to come to the table to meet with us in follow the law. the record clearly reflect my strong reserva- an effort to come to some middle ground. Mr. SCOTT of Virginia. Mr. Speaker, tions about provisions that pose serious Mr. SCOTT of Virginia. Mr. Speaker, I yield 1 minute to the gentlewoman threats to fundamental freedoms and civil lib- I yield 11⁄2 minutes to the gentleman from Texas (Ms. JACKSON-LEE). erties. from New York (Mr. NADLER). Ms. JACKSON-LEE of Texas. Mr. In my capacity as a member of the House Mr. NADLER. Mr. Speaker, none of Speaker, I do not believe that any of us Judiciary Committee, I joined a caucus of us here deny that some of the provi- in the backdrop of 9/11 have changed members in submitting letters to the adminis- sions of the PATRIOT Act are very our attitude about the consistency and tration and to the Department of Justice re- useful in fighting the war on terrorism. the value and the importance and the questing documentation and statements that No one wants the PATRIOT Act to be crucialness of fighting the war on ter- speak to the protection of individual rights in eliminated, but the PATRIOT Act ror. With not enough time to pursue light of the potentially dangerous provisions should be amended to safeguard civil that debate, let me simply say that contained within the bill. liberties. this extension is crucial for a reason- Congress included in the bill a ‘‘sunset Section 215 should be amended to able response to the needs of the Amer- clause’’ that provides an expiration date for provide meaningful protection from ican people to have their liberty pro- over a dozen provisions on December 31, abuse by an overzealous government tected. And I read very quickly a state- 2005 unless we act to renew them. This fact seeking sensitive and personal document from ‘‘On Liberty,’’ written in was the impetus behind several hearings held mentation. We should replace the mere 1859: ‘‘Protection therefore against the by the committee in the first session of the showing of relevance standard with a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 578 CONGRESSIONAL RECORD—HOUSE February 1, 2006 three-part test that was the basis of American democracy has suffered. The Mr. Speaker, the two speakers who the Senate compromise. Recipients of complacency of Congress is clearly proposed this brief 5-week extension of section 215 orders and of section 505 na- viewed by the administration as a li- the PATRIOT Act are symptomatic of tional security letters must be allowed cense to ignore the laws it disagrees the problems that the opponents of the a meaningful court challenge to the with and demand Congress pass ex- PATRIOT Act have attempted to tar it gag order, and the national security tended police powers. with. They are wrong. letter authority should sunset in order I reject this complacency in defense First, no Federal court has declared to guarantee Congressional oversight. of the United States Constitution. I unconstitutional as violative of civil We also must be mindful, while de- will not vote to give a single new police rights any of the 16 provisions of the bating this, of the President’s claim of power to this administration. The bill PATRIOT Act that the sunsets were extraordinary power to wiretap Ameri- before us today enables the FBI to in- applied to, none whatsoever. cans in conversation he says with peo- vestigate any American for any reason, As I stated in my opening remarks, ple who are terrorists abroad. We do without the checks and balances of a the Inspector General of the Depart- not know that is the only wiretapping judicial system. History tells us that ment of Justice is required by the PA- that is going on. It may be thousands, unchecked police powers with little or TRIOT Act to report on civil rights may be hundreds of thousands of Amer- no oversight will be abused, and citi- violations to the two Judiciary Com- icans are being wiretapped. We do not zens will be harmed. mittees twice per year. We have re- know. This is all secret. It only got out The administration’s record in this ceived six of those reports on time, and because it leaked. area is concrete proof that history re- the number of civil rights violations The President claims the power to do peats itself. I am for a strong police that have been found by the DOJ In- this against the apparently plain lan- function that protects citizens of this spector General have been zero. guage of the law. Many of us think it is great Nation, not a police function Furthermore, there is a provision in illegal. Many people think this is ille- which nullifies our constitutional the PATRIOT Act that anybody whose gal the President claims inherent rights. civil rights have been violated can ob- power or that we authorized this when Mr. SCOTT of Virginia. Mr. Speaker, tain a statutory judgment of $10,000 in 1 we authorized the use of force in Af- I yield 1 ⁄2 minutes to the gentlewoman addition to any proven monetary dam- ghanistan. Well, maybe, but we ought from California (Ms. WOOLSEY). ages against the Justice Department if Ms. WOOLSEY. Mr. Speaker, in a dif- to be holding hearings. It is an abdica- they are successful in a lawsuit. The ficult week, well, weeks, following Sep- tion of responsibility for the Judiciary Justice Department has not paid out tember 11th, Congress passed the U.S. and Intelligence Committees of this one dime in either monetary or statu- PATRIOT Act in an effort to comfort House not to be holding hearings on tory damages under this law. and protect a shocked and grieving Na- The PATRIOT Act has nothing to do this. tion. Yet even in the face of all that, Why should the hearings only occur with NSA wiretaps, and anybody who Congress found 16 of the PATRIOT in the Senate? Is this House not an has been familiar with the operation of Act’s provisions to be so egregious and equal branch of the government? So I the PATRIOT Act knows very, very far-reaching that they were not made clearly that it does not have anything urge this bill. This extension ought to permanent, and were slated to expire to do with NSA wiretaps, and I really pass so that we can work out the prob- within 4 years. wish that the opponents would read the lem of modification of the PATRIOT Yet somehow, here we are, in the law and stick to the proven testimony Act, and we ought not to abdicate our midst of having learned that our Presi- of the operation of this act. To say responsibility. I urge the chairman of dent has authorized the NSA to spy on that the Judiciary Committee has not the Judiciary Committee to hold hear- Americans without a warrant, still de- conducted oversight is living in a ings so that we can examine these bating if it is a good idea to further dream world, and it does not comport issues. compromise our privacy, and make with the facts. Mr. SCOTT of Virginia. Mr. Speaker, permanent some of the PATRIOT Act’s 1 Mr. CONYERS and I have sent joint I yield 1 ⁄2 minutes to the gentleman worse provisions, such as roving wire- oversight letters to the Justice Depart- from Ohio (Mr. KUCINICH). taps and expanded access to personal ment and published the nonclassified Mr. KUCINICH. Mr. Speaker, I rise in information like medical, library, fi- results of those oversight letters on the strong opposition to this legislation, nancial records. because it should become crystal clear Threats to our civil liberties and committee’s website. Last year we had that the administration is currently freedoms are mounting, an open-ended 12 hearings on the PATRIOT Act and and will continue to abuse, attack and war, a President copping a ‘‘I can be- the 16 provisions that expire. And guess outright deny the civil liberties of cause I say I can’’ attitude, and a dan- what? There was no criticism about 14 American citizens in defiance of our gerous view of what executive powers of the 16 provisions, which the con- Constitution. This administration is il- are bestowed on our President in the ference report makes permanent. And legally wiretapping American citizens, U.S. Constitution. We cannot continue to say that the 16 provisions that were illegally collecting information on on this slippery slope. passed in the PATRIOT Act in October peace groups and illegally using sign- As the elected leaders this country, of 2001 were so egregious that sunsets ing statements to ignore the torture we must vote to protect Americans had to be applied really does not talk ban recently enacted by the Congress. from dangerous infringements of civil about what happened then. Every ex- The administration is violating the rights and liberties. That is why I en- pansion of law enforcement authority laws Congress has passed, and they are courage my colleagues to oppose ex- contained in the 2001 bill contained a violating the U.S. Constitution. tending the PATRIOT Act today. sunset, and we did the oversight, and I will not vote to give this adminis- Mr. SCOTT of Virginia. Mr. Speaker, we found that in 14 of the 16 provisions tration any police powers until I am I yield myself such time as I may con- there was not a problem. And even the assured that their attack on our de- sume. witnesses the Democrats brought be- mocracy is reined in. This Congress is I would hope that we would give this fore the Judiciary Committee said that walking away from the checks and bal- brief extension to the PATRIOT Act there was no problem in 14 of the 16 ances of our democracy. and that we would use this time effec- provisions. In the two provisions where I do not believe that this Congress tively to review the NSA wiretaps and there is a sunset in the conference re- was zealous in oversight investigation also to use this time effectively to de- port, there have not been any civil prior to 2001. I am not a partisan. I velop a bill that can pass both Cham- rights violations proven. I have just have joined my colleagues in an over- bers. said that, but one would think that the sight role prior to 2001. However, since I yield back the balance of my time. people’s rights were being trampled on. that time we have ignored our con- Mr. SENSENBRENNER. I yield my- No courts found that, the DOJ Inspec- stitutional duty, and 200 years of self the balance of my time. tor General has not found that, and I

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 579 really wish that people who do not like TRIOT Act’s information-sharing pro- lying legislation that it extends, the USA PA- the PATRIOT Act would stick to the visions let spies and cops jointly deter- TRIOT Act passed during the 107th Congress, facts. mine that they had trained in Afghan Public Law 107–56. Similarly, I felt that the Now I would like to talk a little bit and Pakistani terror camps between prior-enacted five-week extension, Public Law about what good the PATRIOT Act has 1999 and 2001: Eight; 109–160, that expires this Friday, February 3, done, and I am going to give credit to Total al Qaeda associates in Lacka- 2006, was inadequate. For the sake of the Deroy Murdock, who is a New York- wanna, New York who were jailed for 7 American people and pursuant to the words of based columnist with the Scripps How- to 10 years after the PATRIOT Act fi- the President of the United States just last ard News Service and a senior fellow nally let cops and intelligence officers night in his State of the Union Address, I hope with the Atlas Economic Research sit in the same room to discuss each that the draconian provisions that were con- Foundation in Arlington, Virginia. It other’s investigations: Six; tained in the House-passed measure have says: ‘‘Let the Numbers do the Talk- According to the Associated Press, been removed or drastically improved. Alas, ing.’’ the number of tickets for American even the process of negotiating the betterment First, the total number of individuals Airlines Flight 77 that Pentagon-bound of this very important legislation was kept a who Islamic fanatics murdered on Sep- 9/11 hijackers Khalid al-Mihdhar and secret until brought to the Floor. tember 11, 2001: 2,977 people whose civil Nawaf al-Hazmi purchased online, I voted in favor of a motion to recommit this rights were snuffed out because they using William Patterson University’s Conference Report with instructions, which were murdered; library computers, that might have would have replaced the text of the con- The cash sum that PATRIOT Act sec- been detected had PATRIOT Act sec- ference report with the text of the original bill tion 371 let Customs agents seize when tion 215 been in place: Two; passed by the Senate. The original Senate bill terror-tied New Jersey imam Alaa al- The number of the Portland Seven included many more civil liberties protections Sadawi tried to smuggle funds into extremists who escaped the PATRIOT than does this conference report. That Senate Egypt in his father’s airline luggage: Act by being killed by Pakistani troops measure would have included a process of ju- $659,000; on October 3, 2003: One. Pounds of heroin the three al Qaeda- dicial review for recipients of a National Secu- and Taliban-linked San Diego weapons b 1630 rity Letter as well as a standard requiring the Government to show a connection to a sus- dealers offered undercover FBI agents The number of individuals whom as partial payment for four Stinger pected terrorist or organization when request- Muslim terrorists have killed on Amer- ing business or library records. The sunsets to anti-aircraft missiles until PATRIOT ican soil since the adoption of the PA- Act sections 218 and 504 helped authori- the Conference Report that we consider today TRIOT Act: zero. still require the Government to demonstrate ties unravel their conspiracy: 1,320 Mr. Speaker, this law is working. pounds of heroin; ‘‘relevance’’ in an investigation. This law has not violated anybody’s The underlying conference report seeks to Total terror-related defendants cap- civil liberty rights. It has not been held tured with the help of PATRIOT Act make 14 of 16 controversial PATRIOT Act unconstitutional by any Federal court provisions permanent. In making these provi- provisions: 401; in the country. All of the arguments Total terror-related defendants who sions permanent, Congress will relinquish its against the PATRIOT Act are a red have pled guilty or who have been con- responsibility to review their use, granting herring. It has kept us safer. We ought victed with the aid of PATRIOT Act more permanent power to the executive to continue it. We ought to vote for provisions: 212; branch. Congressional oversight has been this bill. Total feet the Brooklyn Bridge would maintained only through the two provisions have plunged into the New York City’s Ms. LEE. Mr. Speaker, I rise in total opposi- scheduled to sunset in 4 years, as well as East River had the PATRIOT Act not tion to the extension of this unpatriotic act. through the inclusion of a ‘‘lone wolf’’ provi- helped authorities stop Iyman Faris’s The NSA’s warrantless domestic spying sion, also scheduled to sunset in 4 years. plan to sever the span’s cables with scandal has shown how this President has a Congress has a responsibility to check the acetylene torches: 119. That is New tendency to overstep the rule of law. power of the executive branch, not cede that York City. Expanding the administration’s powers, in authority, potentially threatening the civil lib- According to Federal prosecutor Ken light of these recent developments, may even erties of our citizens. The underlying con- Wainstein’s January 3 comments after be unnecessary. ference report unfortunately still fails to safe- meeting with President Bush, the num- That said, we should be repealing these un- guard individual privacy rights, and allows the ber of U.S. attorneys who use ‘‘the PA- democratic provisions, not continuing to ex- Government, with little burden of proof, to TRIOT Act tools each and every day in pand government’s reach into the private lives scrutinize nearly every aspect of a person’s his or her efforts’’: 93, out of 93 U.S. at- of the American people. life. torneys; Since 2001, the PATRIOT Act has been The President stated in his ‘‘State of the As U.S. Attorney Roslynn Mauskopf used more than 150 times to secretly search Union’’ address last night that ‘‘Our country notes, total years of prison time earned private homes, and nearly 90 percent of those must . . . remain on the offensive against ter- under the PATRIOT Act by Osama bin cases had nothing to do with terrorism. rorism here at home.’’ However, in doing so, Laden’s self-proclaimed spiritual ad- Americans have rejected provisions in this we cannot allow terrorism to erode our na- viser, Mohammed al-Moayad, for try- legislation like sneak-and-peek searches, national security or our civil liberties. ing to funnel $20 million to al Qaeda tional security letters, and roving John Doe I would like to address the following words and Hamas: 75; wiretaps. stated by the President, again in his address: Number of scholars, former Cabinet And Americans have rejected unwarranted . . . based on authority given to me by the members, and other prominent Ameri- searches of private residences, libraries, busi- Constitution and by statute—I have author- cans, including Democratic ex-CIA Di- nesses, and medical records. ized a terrorist surveillance program to ag- rectors James Woolsey and James I don’t know how much clearer we need to gressively pursue the international commu- Schlesinger, who joined in signing a be. nications of suspected al-Qaida operatives All the administration’s word games and and affiliates to and from America. Previous January 25 open letter advocating the presidents have used the same constitutional PATRIOT Act’s reauthorization: 68; sugar-coating will do nothing to change the authority. I have—and Federal courts have Years that David Wayne Hull, former fact that we can protect our nation and protect approved the use of that authority. Appro- Imperial Wizard of the White Knights civil liberties at the same time. priate Members of Congress have been kept of the Ku Klux Klan, will spend behind The PATRIOT Act fails to do so. informed. This terrorist surveillance pro- bars after PATRIOT Act section 201 Vote ‘‘no’’ on this extension, and keep our gram has helped prevent terrorist attacks. It helped convict him for plotting to blow civil liberties and our civil rights off the chop- remains essential to the security of America. up abortion clinics with hand grenades: ping board. I authored a letter to the President that is 12; Ms. WATERS. Mr. Speaker, I rise in opposi- currently being circulated and has already Number of Northern Virginia tion not only to the lack of opportunity that a been signed by 50 of my colleagues that cat- Islamofascists jailed after the PA- five-week sunset will provide but to the under- egorically negates these assertions based on

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 580 CONGRESSIONAL RECORD—HOUSE February 1, 2006 well-settled caselaw, Federal statutes that re- law, people who make innocent donations to ministration. Since September 11, our Govern- main in the books, and the words of the U.S. charitable organizations that are secretly tied ment has detained and verbally and physically Constitution. to terrorist activities would be presumed guilty abused thousands of immigrants without time At no point during the floor debate of the unless they can prove they are innocent. Re- limit, for unknown and unspecified reasons, Authorization to Use Military Force, AUMF, strictions on material support should be limited and targeted tens of thousands of Arab-Ameri- Resolution was there any discussion that the to those organizations that have officially been cans for intensive interrogations and immigra- authorization to use military force would ex- designated terrorist organizations. tion screenings. All this serves to accomplish tend to the use of warrantless searches and Deny legal permanent residents readmission is to alienate Muslim and Arab Americans— vest the President with the broad authority to to the U.S. based solely on speech protected the key groups to fighting terrorism in our own intercept telephone calls and other electronic by the First Amendment. The laws punish county—who see a Justice Department that communications of American citizens on those who ‘‘endorse,’’ ‘‘espouse,’’ or ‘‘per- has institutionalized racial and ethnic profiling, American soil without first obtaining a warrant. suade others to support terrorist activity or ter- without the benefit of a single terrorism convic- To the contrary, it was stated during the de- rorist organizations.’’ Rather than prohibiting tion. bate that the authorization ‘‘provides no new speech that incites violence or criminal activ- Mr. Speaker, the sunset proposed in the bill or additional grants of power to the President.’’ ity, these new grounds of inadmissibility pun- before us is insufficient to allow adequate con- (see CONGRESSIONAL RECORD dated Sept. 14, ish speech that ‘‘undermines the United sideration by the House; therefore, I oppose it. 2001, page H5677) States’ efforts to reduce or eliminate terrorist Mr. SENSENBRENNER. Mr. Speak- It is our duty to uphold the provisions of the activity.’’ This language is unconstitutionally er, I yield back the balance of my time. U.S. Constitution, preserve the system of vague and overbroad, and will undeniably The SPEAKER pro tempore (Mr. checks and balances between branches of our have a chilling effect on constitutionally pro- FOLEY). The question is on the motion Government, and to protect the rights of the tected speech. offered by the gentleman from Wis- American people to the greatest extent pos- Authorize the AG and the Secretary of State consin (Mr. SENSENBRENNER) that the sible. We must remain committed to protect to designate domestic groups as terrorist orga- House suspend the rules and pass the the United States from terrorist attacks and to nizations and block any noncitizen who be- bill, H.R. 4659. exercise our legislative responsibility to sup- longs to them from entering the country. The question was taken. port any lawful means of preventing any future Under this provision, the mere payment of The SPEAKER pro tempore. In the terrorist activity. However, it is our duty to clar- membership dues is a deportable offense. opinion of the Chair, two-thirds of ify the mischaracterization of our actions. Con- This vague and overly broad language con- those present have voted in the affirm- gress simply did not intend for the AUMF to stitutes guilt by association. Our laws should ative. be used as justification for programs such as punish people who commit crimes, not punish Mr. SENSENBRENNER. Mr. Speak- the one currently in use by the NSA. people based on their beliefs or associations. er, on that I demand the yeas and nays. I join my many colleagues, many victims of While every step must be taken to protect The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- terrorism, and many victims of racial and reli- the American public from further terrorist acts, ant to clause 8 of rule XX and the gious profiling in opposing the underlying con- our government must not trample on the Con- Chair’s prior announcement, further ference report for H.R. 3199. stitution in the process and on those basic proceedings on this question will be Of particular concern to me are a number of rights and protections that make American de- postponed. immigration-related provisions that cast such a mocracy so unique. broad net to allow for the detention and depor- While the PATRIOT Act may not deserve all f tation of people engaging in innocent of the ridicule that is heaped against it, there ANNOUNCEMENT BY THE SPEAKER associational activity and constitutionally pro- is little doubt that the legislation has been re- PRO TEMPORE tected speech and that permit the indefinite peatedly and seriously misused by the Justice The SPEAKER pro tempore. Pursu- detention of immigrants and noncitizens who Department. Consider the following: ant to clause 8 of rule XX, proceedings are not terrorists. (Carlina Tapia Ruano, State- Its been used more than 150 times to se- will resume on questions previously ment for Oversight Hearing on the Reauthor- cretly search an individual’s home, with nearly postponed. ization of the USA PATRIOT Act before the 90 percent of those cases having had nothing Votes will be taken in the following House Committee on the Judiciary, June 10, to do with terrorism. order: 2005.) It was used against Brandon Mayfield, an H. Res. 648, by the yeas and nays; Among these troubling provisions are those innocent Muslim American, to tap his phones, H. Res. 653, by the yeas and nays; that: seize his property, copy his computer, spy on H.R. 4659, by the yeas and nays. Authorize the Attorney General, AG, to ar- his children, and take his DNA, all without his The first electronic vote will be con- rest and detain noncitizens based on mere knowledge. ducted as a 15-minute vote. Remaining suspicion, and require that they remain in de- Its been used to deny, on account of his po- electronic votes may be conducted as 5- tention irrespective of any relief they may be litical beliefs, the admission to the United minute votes. eligible for or granted.’’ (In order to grant States of a Swiss citizen and prominent Mus- f someone relief from deportation, an immigra- lim Scholar to teach at Notre Dame University. tion judge must find that the person is not a Its been used to unconstitutionally coerce ELIMINATING FLOOR PRIVILEGES terrorist, a criminal, or someone who has en- an Internet Service Provider to divulge infor- OF FORMER MEMBERS AND OF- gaged in fraud or misrepresentation.) When mation about email activity and Web surfing FICERS relief from deportation is granted, no person on its system, and then to gag that Provider The SPEAKER pro tempore. The should be subject to continued detention from even disclosing the abuse to the public. pending business is the question of sus- based merely on the Attorney General’s Because of gag restrictions, we will never pending the rules and agreeing to the unproven suspicions. know how many times its been used to obtain resolution, H. Res. 648. Require the AG to bring charges against a reading records from library and book stores, The Clerk read the title of the resolu- person who has been arrested and detained but we do know that libraries have been solic- tion. as a ‘‘certified’’ terrorist suspect within seven ited by the Department of Justice—voluntarily The SPEAKER pro tempore. The days, but the law does not require that those or under threat of the PATRIOT Act—for read- question is on the motion offered by charges be based on terrorism-related of- er information on more than 200 occasions the gentleman from California (Mr. fenses. As a result, an alien can be treated as since September 11. DREIER) that the House suspend the a terrorist suspect despite being charged with Its been used to charge, detain and pros- rules and agree to the resolution, H. only a minor immigration violation, and may ecute a Muslim student in Idaho for posting Res. 648, on which the yeas and nays never have his or her day in court to prove Internet Web site links to objectionable mate- are ordered. otherwise. rials, even though the same links were avail- The vote was taken by electronic de- Make material support for groups that have able on the U.S. Government’s Web site. vice, and there were—yeas 379, nays 50, not been officially designated as ‘‘terrorist or- Even worse than the PATRIOT Act has answered ‘‘present’’ 1, not voting 3, as ganizations’’ a deportable offense. Under this been the unilateral abuse of power by the Ad- follows:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 581 [Roll No. 3] Porter Schiff Thompson (MS) vote on adoption of House Resolution Price (GA) Schmidt YEAS—379 Thornberry 653 on which the yeas and nays are or- Price (NC) Schwartz (PA) Tiahrt Ackerman Doolittle King (NY) Pryce (OH) Schwarz (MI) Tiberi dered. Aderholt Doyle Kirk Putnam Scott (GA) Tierney The Clerk read the title of the resolu- Alexander Drake Kline Radanovich Scott (VA) Turner tion. Allen Dreier Knollenberg Rahall Sensenbrenner Udall (CO) The SPEAKER pro tempore. The Andrews Duncan Kolbe Ramstad Serrano Udall (NM) Baca Edwards Kuhl (NY) Rangel Shadegg Upton question is on the resolution. Bachus Ehlers LaHood Regula Shaw Van Hollen This will be a 5-minute vote. Baldwin Emanuel Langevin Rehberg Shays ´ Barrett (SC) Emerson Lantos Reichert Sherman Velazquez The vote was taken by electronic de- Barrow Engel Larsen (WA) Renzi Sherwood Visclosky vice, and there were—yeas 216, nays Bass English (PA) Larson (CT) Reyes Shimkus Walden (OR) 214, not voting 3, as follows: Bean Eshoo Latham Reynolds Simmons Walsh Beauprez Etheridge LaTourette Rogers (AL) Skelton Wamp [Roll No. 4] Becerra Evans Leach Rogers (KY) Slaughter Wasserman YEAS—216 Berkley Everett Schultz Lee Rogers (MI) Smith (NJ) Aderholt Gallegly Norwood Berman Farr Levin Rohrabacher Smith (TX) Waters Akin Garrett (NJ) Nunes Berry Fattah Lewis (CA) Ros-Lehtinen Smith (WA) Watson Alexander Gibbons Nussle Biggert Feeney Lewis (GA) Ross Snyder Watt Bachus Gilchrest Osborne Bilirakis Ferguson Lewis (KY) Rothman Sodrel Waxman Baker Gillmor Otter Bishop (GA) Filner Linder Roybal-Allard Solis Weiner Barrett (SC) Gingrey Oxley Bishop (NY) Fitzpatrick (PA) Lipinski Royce Souder Weldon (FL) Bartlett (MD) Gohmert Pearce Bishop (UT) Foley LoBiondo Ruppersberger Spratt Weldon (PA) Barton (TX) Goode Pence Blackburn Forbes Lofgren, Zoe Rush Stark Weller Bass Goodlatte Peterson (PA) Blunt Ford Lowey Ryan (OH) Stearns Westmoreland Beauprez Granger Petri Boehlert Fortenberry Lucas Ryan (WI) Strickland Wexler Biggert Graves Pickering Boehner Fossella Lungren, Daniel Ryun (KS) Sullivan Wicker Bilirakis Green (WI) Bonner Pitts Foxx E. Salazar Sweeney Bishop (UT) Gutknecht Bono ´ Wilson (NM) Platts Frank (MA) Lynch Sanchez, Linda Tancredo Blackburn Hall Boozman Wilson (SC) Poe Franks (AZ) Mack T. Tauscher Blunt Harris Boren Wolf Pombo Frelinghuysen Maloney Sanchez, Loretta Taylor (MS) Boehlert Hart Boswell Woolsey Porter Gallegly Manzullo Sanders Taylor (NC) Boehner Hastert Boucher Wu Price (GA) Gerlach Marchant Saxton Terry Bonilla Hastings (WA) Boustany Young (FL) Pryce (OH) Gibbons Markey Schakowsky Thompson (CA) Bonner Hayes Boyd Putnam Gilchrest Marshall Bono Hayworth Bradley (NH) NAYS—50 Radanovich Gingrey Matheson Boozman Hefley Brady (PA) Regula Gohmert Matsui Abercrombie Gillmor Otter Boustany Hensarling Brown (OH) Rehberg Gonzalez McCarthy Akin Gutknecht Oxley Bradley (NH) Herger Brown (SC) Reichert Goode McCaul (TX) Baird Hastings (FL) Paul Brady (TX) Hobson Brown, Corrine Renzi Goodlatte McCollum (MN) Baker Hefley Pearce Brown (SC) Hoekstra Brown-Waite, Reynolds Gordon McCotter Bartlett (MD) Jackson (IL) Pitts Brown-Waite, Hostettler Ginny Rogers (AL) Granger McCrery Barton (TX) Johnson, E. B. Sabo Ginny Hulshof Butterfield Graves McGovern Rogers (KY) Bonilla Johnson, Sam Sessions Burgess Hunter Buyer Green (WI) McHenry Rogers (MI) Brady (TX) Jones (OH) Shuster Burton (IN) Hyde Calvert Green, Al McHugh Burgess King (IA) Rohrabacher Simpson Buyer Inglis (SC) Camp (MI) Ros-Lehtinen Green, Gene McIntyre Burton (IN) Kingston Calvert Issa Campbell (CA) Stupak Royce Grijalva McKeon Cannon Kucinich Camp (MI) Jenkins Cantor Tanner Ryan (WI) Gutierrez McMorris Capuano McDermott Campbell (CA) Jindal Capito Thomas Ryun (KS) Hall McNulty Clay McKinney Cannon Johnson (CT) Capps Towns Saxton Harman Meehan Cubin Miller (FL) Cantor Johnson, Sam Cardin Whitfield Schmidt Harris Meek (FL) DeLay Mollohan Capito Keller Cardoza Wynn Schwarz (MI) Hart Meeks (NY) Flake Moran (VA) Carter Kelly Carnahan Young (AK) Sensenbrenner Hastert Melancon Garrett (NJ) Murtha Castle Kennedy (MN) Carson Sessions Hastings (WA) Mica Chabot King (IA) Carter ANSWERED ‘‘PRESENT’’—1 Shadegg Hayes Michaud Chocola King (NY) Case Shaw Hayworth Millender- Owens Coble Kingston Castle Shays Hensarling McDonald Cole (OK) Kirk Chabot NOT VOTING—3 Herger Miller (MI) Conaway Kline Sherwood Chandler Herseth Miller (NC) Blumenauer Istook Miller, Gary Crenshaw Knollenberg Shimkus Chocola Higgins Miller, George Cubin Kolbe Shuster Cleaver Hinchey Moore (KS) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Culberson Kuhl (NY) Simpson Clyburn Hinojosa Moore (WI) The SPEAKER pro tempore (Mr. Davis (KY) LaHood Smith (TX) Coble Hobson Moran (KS) Davis, Jo Ann Latham Sodrel Cole (OK) FOLEY) (during the vote). Members are Hoekstra Murphy Davis, Tom Lewis (CA) Souder Conaway Holden Musgrave advised that there are 2 minutes re- Deal (GA) Lewis (KY) Stearns Conyers Holt Myrick maining in this vote. DeLay Linder Sullivan Cooper Honda Nadler Dent LoBiondo Tancredo Costa Hooley Napolitano b 1701 Diaz-Balart, L. Lucas Taylor (NC) Costello Hostettler Neal (MA) Diaz-Balart, M. Lungren, Daniel Terry Cramer Messrs. JACKSON of Illinois, Hoyer Neugebauer Doolittle E. Thomas Crenshaw Hulshof Ney DELAY, BAKER, KUCINICH and Drake Mack Thornberry Crowley Hunter Northup FLAKE changed their vote from ‘‘yea’’ Dreier Manzullo Tiahrt Cuellar Hyde Norwood Duncan Marchant Tiberi Culberson to ‘‘nay’’. Inglis (SC) Nunes Ehlers McCaul (TX) Turner Cummings Ms. WOOLSEY, Mr. PICKERING and Inslee Nussle Emerson McCotter Upton Davis (AL) Israel Oberstar Mr. CLEAVER changed their vote from English (PA) McCrery Walden (OR) Davis (CA) Issa Obey ‘‘nay’’ to ‘‘yea’’. Everett McHenry Walsh Davis (FL) Jackson-Lee Olver Feeney McKeon Wamp Davis (IL) So (two-thirds of those voting having (TX) Ortiz Ferguson McMorris Weldon (FL) Davis (KY) Jefferson Osborne responded in the affirmative) the rules Fitzpatrick (PA) Mica Weldon (PA) Davis (TN) Jenkins Pallone were suspended and the resolution was Flake Miller (FL) Weller Davis, Jo Ann Jindal Pascrell Foley Miller (MI) Westmoreland Davis, Tom agreed to. Johnson (CT) Pastor Forbes Moran (KS) Whitfield Deal (GA) The result of the vote was announced Johnson (IL) Payne Fortenberry Murphy Wicker DeFazio Jones (NC) Pelosi as above recorded. Fossella Musgrave Wilson (SC) DeGette Kanjorski Pence A motion to reconsider was laid on Foxx Myrick Wolf Delahunt Kaptur Peterson (MN) Franks (AZ) Neugebauer Young (AK) DeLauro the table. Keller Peterson (PA) Frelinghuysen Northup Young (FL) Dent Kelly Petri f Diaz-Balart, L. Kennedy (MN) Pickering NAYS—214 Diaz-Balart, M. Kennedy (RI) Platts DEFICIT REDUCTION ACT OF 2005 Abercrombie Andrews Baldwin Dicks Kildee Poe Ackerman Baca Barrow Dingell Kilpatrick (MI) Pombo The SPEAKER pro tempore (Mr. Allen Baird Bean Doggett Kind Pomeroy FOLEY). The pending business is the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 582 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Becerra Holden Owens In lieu of the matter proposed to be in- (1) by striking subsection (a); and Berkley Holt Pallone serted by the House amendment to the text (2) in subsection (b)(1)— Berman Honda Pascrell of the bill, insert: (A) in subparagraph (B), by striking ‘‘, ad- Berry Hooley Pastor Bishop (GA) Hoyer Paul SECTION 1. SHORT TITLE. justed for the value of any certificate issued Bishop (NY) Inslee Payne This Act may be cited as the ‘‘Deficit Reduc- under subsection (a),’’; and Boren Israel Pelosi tion Act of 2005’’. (B) in subparagraph (C), by striking ‘‘, for the Boswell Jackson (IL) Peterson (MN) SEC. 2. TABLE OF TITLES. value of any certificates issued under subsection Boucher Jackson-Lee Pomeroy (a)’’. Boyd (TX) The table of titles is as follows: Price (NC) (b) EFFECTIVE DATE.—The amendments made Brady (PA) Jefferson Rahall TITLE I—AGRICULTURE PROVISIONS by this section take effect on August 1, 2006. Brown (OH) Johnson (IL) Ramstad Brown, Corrine Johnson, E. B. Rangel TITLE II—HOUSING AND DEPOSIT Subtitle B—Conservation Butterfield Jones (NC) INSURANCE PROVISIONS Reyes SEC. 1201. WATERSHED REHABILITATION PRO- Capps Jones (OH) Ross TITLE III—DIGITAL TELEVISION Capuano Kanjorski GRAM. Rothman TRANSITION AND PUBLIC SAFETY Cardin Kaptur Roybal-Allard The authority to obligate funds previously Cardoza Kennedy (RI) Ruppersberger TITLE IV—TRANSPORTATION PROVISIONS made available under section 14(h)(1) of the Wa- Carnahan Kildee Rush TITLE V—MEDICARE tershed Protection and Flood Prevention Act (16 Carson Kilpatrick (MI) Ryan (OH) TITLE VI—MEDICAID AND SCHIP U.S.C. 1012(h)(1)) for a fiscal year and unobli- Case Kind Sabo gated as of October 1, 2006, is hereby cancelled Chandler Kucinich Salazar TITLE VII—HUMAN RESOURCES AND effective on that date. Clay Langevin Sa´ nchez, Linda OTHER PROVISIONS Cleaver Lantos SEC. 1202. CONSERVATION SECURITY PROGRAM. T. TITLE VIII—EDUCATION AND PENSION Clyburn Larsen (WA) Sanchez, Loretta (a) EXTENSION.—Section 1238A(a) of the Food Conyers Larson (CT) BENEFIT PROVISIONS Sanders Security Act of 1985 (16 U.S.C. 3838a(a)) is Cooper LaTourette Schakowsky TITLE IX—LIHEAP PROVISIONS Costa Leach amended by striking ‘‘2007’’ and inserting Schiff Costello Lee TITLE X—JUDICIARY RELATED ‘‘2011’’. Schwartz (PA) Cramer Levin PROVISIONS (b) FUNDING.—Section 1241(a)(3) of the Food Scott (GA) Crowley Lewis (GA) Scott (VA) Security Act of 1985 (16 U.S.C. 3841(a)(3)) is Cuellar Lipinski TITLE I—AGRICULTURE PROVISIONS Serrano amended by striking ‘‘not more than Cummings Lofgren, Zoe Sherman SECTION 1001. SHORT TITLE. $6,037,000,000’’ and all that follows through Davis (AL) Lowey Simmons This title may be cited as the ‘‘Agricultural Davis (CA) Lynch ‘‘2014.’’ and inserting the following: ‘‘not more Skelton Davis (FL) Maloney Reconciliation Act of 2005’’. than— Slaughter Davis (IL) Markey Subtitle A—Commodity Programs ‘‘(A) $1,954,000,000 for the period of fiscal Smith (NJ) Davis (TN) Marshall SEC. 1101. NATIONAL DAIRY MARKET LOSS PAY- years 2006 through 2010; and DeFazio Matheson Smith (WA) Snyder MENTS. ‘‘(B) $5,650,000,000 for the period of fiscal DeGette Matsui years 2006 through 2015.’’. Delahunt McCarthy Solis (a) AMOUNT.—Section 1502(c) of the Farm Se- DeLauro McCollum (MN) Spratt curity and Rural Investment Act of 2002 (7 SEC. 1203. ENVIRONMENTAL QUALITY INCEN- Dicks McDermott Stark U.S.C. 7982(c)) is amended by striking para- TIVES PROGRAM. Strickland Dingell McGovern graph (3) and inserting the following new para- (a) EXTENSION.—Section 1240B(a)(1) of the Stupak Doggett McHugh graph: Food Security Act of 1985 (16 U.S.C. 3839aa– Doyle McIntyre Sweeney Tanner ‘‘(3)(A) during the period beginning on the 2(a)(1)) is amended by striking ‘‘2007’’ and in- Edwards McKinney serting ‘‘2010’’. Emanuel McNulty Tauscher first day of the month the producers on a dairy Engel Meehan Taylor (MS) farm enter into a contract under this section (b) LIMITATION ON PAYMENTS.—Section 1240G Eshoo Meek (FL) Thompson (CA) and ending on September 30, 2005, 45 percent; of the Food Security Act of 1985 (16 U.S.C. Etheridge Meeks (NY) Thompson (MS) ‘‘(B) during the period beginning on October 3839aa–7) is amended by striking ‘‘the period of Evans Melancon Tierney 1, 2005, and ending on August 31, 2007, 34 per- fiscal years 2002 through 2007’’ and inserting Farr Michaud Towns cent; and ‘‘any six-year period’’. Fattah Millender- Udall (CO) ‘‘(C) during the period beginning on Sep- (c) FUNDING.—Section 1241(a)(6) of the Food Filner McDonald Udall (NM) Ford Miller (NC) Van Hollen tember 1, 2007, 0 percent.’’. Security Act of 1985 (16 U.S.C. 3841(a)(6)) is Frank (MA) Miller, George Vela´ zquez (b) DURATION.—Section 1502 of the Farm Se- amended— Gerlach Mollohan Visclosky curity and Rural Investment Act of 2002 (7 (1) by striking ‘‘and’’ at the end of subpara- Gonzalez Moore (KS) Wasserman U.S.C. 7982) is amended by striking ‘‘2005’’ each graph (D); and Gordon Moore (WI) Schultz place it appears in subsections (f) and (g)(1) and (2) by striking subparagraph (E) and inserting Waters Green, Al Moran (VA) inserting ‘‘2007’’. the following new subparagraphs: Green, Gene Murtha Watson (c) CONFORMING AMENDMENTS.—Section 1502 Grijalva Nadler Watt ‘‘(E) $1,270,000,000 in each of fiscal years 2007 Gutierrez Napolitano Waxman of the Farm Security and Rural Investment Act through 2009; and Harman Neal (MA) Weiner of 2002 (7 U.S.C. 7982) is amended— ‘‘(F) $1,300,000,000 in fiscal year 2010.’’. Wexler (1) in subsection (g)(1), by striking ‘‘and sub- Hastings (FL) Ney Subtitle C—Energy Herseth Oberstar Wilson (NM) section (h)’’; and Higgins Obey Woolsey (2) by striking subsection (h). SEC. 1301. RENEWABLE ENERGY SYSTEMS AND Hinchey Olver Wu ENERGY EFFICIENCY IMPROVE- SEC. 1102. ADVANCE DIRECT PAYMENTS. Hinojosa Ortiz Wynn MENTS PROGRAM. (a) COVERED COMMODITIES.—Section Section 9006(f) of the Farm Security and NOT VOTING—3 1103(d)(2) of the Farm Security and Rural In- Rural Investment Act of 2002 (7 U.S.C. 8106(f)) vestment Act of 2002 (7 U.S.C. 7913(d)(2)) is Blumenauer Istook Miller, Gary is amended by striking ‘‘2007’’ and inserting amended in the first sentence by striking ‘‘2007 ‘‘2006 and $3,000,000 for fiscal year 2007’’. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE crop years’’ and inserting ‘‘2005 crop years, up The SPEAKER pro tempore (during to 40 percent of the direct payment for a covered Subtitle D—Rural Development the vote). Members are advised there commodity for the 2006 crop year, and up to 22 SEC. 1401. ENHANCED ACCESS TO BROADBAND are 2 minutes remaining. percent of the direct payment for a covered com- TELECOMMUNICATIONS SERVICES modity for the 2007 crop year,’’. IN RURAL AREAS. b 1711 (b) PEANUTS.—Section 1303(e)(2) of the Farm The authority to obligate funds previously Security and Rural Investment Act of 2002 (7 made available under section 601(j)(1) of the So the resolution was agreed to. U.S.C. 7953(e)(2)) is amended in the first sen- Rural Electrification Act of 1936 for a fiscal year The result of the vote was announced tence by striking ‘‘2007 crop years’’ and insert- and unobligated as of October 1, 2006, is hereby as above recorded. ing ‘‘2005 crop years, up to 40 percent of the di- cancelled effective on that date. A motion to reconsider was laid on rect payment for the 2006 crop year, and up to SEC. 1402. VALUE-ADDED AGRICULTURAL PROD- the table. 22 percent of the direct payment for the 2007 UCT MARKET DEVELOPMENT The SPEAKER pro tempore. Pursu- crop year,’’. GRANTS. ant to House Resolution 653, the House SEC. 1103. COTTON COMPETITIVENESS PROVI- The authority to obligate funds previously SIONS. made available under section 231(b)(4) of the concurs in the Senate amendment to (a) REPEAL OF AUTHORITY TO ISSUE COTTON Agricultural Risk Protection Act of 2000 (Pub. the House amendment to S. 1932. USER MARKETING CERTIFICATES.—Section 1207 L. 106–224; 7 U.S.C. 1621 note) for a fiscal year The text of the Senate amendment to of the Farm Security and Rural Investment Act and unobligated as of October 1, 2006, is hereby the House amendment is as follows: of 2002 (7 U.S.C. 7937) is amended— cancelled effective on that date.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 583 SEC. 1403. RURAL BUSINESS INVESTMENT PRO- (4) The term ‘‘loan market value’’ means the such budget authority is made available for use GRAM. value of a multifamily loan, without taking into under this paragraph in advance in appropria- (a) TERMINATION OF FISCAL YEAR 2007 AND account any affordability requirements. tion acts.’’. SUBSEQUENT FUNDING.—Subsection (a)(1) of sec- (5) The term ‘‘multifamily real property’’ (c) APPLICABILITY.—The amendments made by tion 384S of the Consolidated Farm and Rural means any rental or cooperative housing project this section shall not apply to any transaction Development Act (7 U.S.C. 2009cc–18) is amend- of 5 or more units owned by the Secretary that that formally commences within one year prior ed by inserting after ‘‘necessary’’ the following: prior to acquisition by the Secretary was secu- to the enactment of this section. ‘‘through fiscal year 2006’’. rity for a loan or loans insured under title II of Subtitle B—Deposit Insurance (b) CANCELLATION OF UNOBLIGATED PRIOR- the National Housing Act. SEC. 2101. SHORT TITLE. YEAR FUNDS.—The authority to obligate funds (6) The term ‘‘multifamily loan’’ means a loan This subtitle may be cited as the ‘‘Federal De- previously made available under such section held by the Secretary and secured by a multi- posit Insurance Reform Act of 2005’’. and unobligated as of October 1, 2006, is hereby family rental or cooperative housing project of 5 SEC. 2102. MERGING THE BIF AND SAIF. cancelled effective on that date. or more units that was formerly insured under (a) IN GENERAL.— SEC. 1404. RURAL BUSINESS STRATEGIC INVEST- title II of the National Housing Act. (1) MERGER.—The Bank Insurance Fund and MENT GRANTS. (7) The term ‘‘property market value’’ means the Savings Association Insurance Fund shall The authority to obligate funds previously the value of a multifamily real property for its be merged into the Deposit Insurance Fund. made available under section 385E of the Con- current use, without taking into account any (2) DISPOSITION OF ASSETS AND LIABILITIES.— solidated Farm and Rural Development Act and affordability requirements. All assets and liabilities of the Bank Insurance unobligated as of October 1, 2006, is hereby can- (8) The term ‘‘Secretary’’ means the Secretary Fund and the Savings Association Insurance celled effective on that date. of Housing and Urban Development. Fund shall be transferred to the Deposit Insur- SEC. 1405. RURAL FIREFIGHTERS AND EMER- SEC. 2002. APPROPRIATED FUNDS REQUIREMENT ance Fund. GENCY PERSONNEL GRANTS. FOR BELOW-MARKET SALES. (3) NO SEPARATE EXISTENCE.—The separate ex- (a) TERMINATION OF FISCAL YEAR 2007 FUND- (a) DISCOUNT SALES.—Notwithstanding any istence of the Bank Insurance Fund and the ING.—Subsection (c) of section 6405 of the Farm other provision of law, except for affordability Savings Association Insurance Fund shall cease Security and Rural Investment Act of 2002 (7 requirements for the elderly and disabled re- on the effective date of the merger thereof under U.S.C. 2655) is amended by striking ‘‘2007’’ and quired by statute, disposition by the Secretary of this section. inserting ‘‘2006’’. a multifamily real property during fiscal years (b) REPEAL OF OUTDATED MERGER PROVI- (b) CANCELLATION OF UNOBLIGATED PRIOR- 2006 through 2010 through a discount sale under SION.—Section 2704 of the Deposit Insurance YEAR FUNDS.—The authority to obligate funds sections 207(l) or 246 of the National Housing Funds Act of 1996 (12 U.S.C. 1821 note) is re- previously made available under such section Act (12 U.S.C. 1713(l), 1715z–11), section 203 of pealed. for a fiscal year and unobligated as of October the Housing and Community Development (c) EFFECTIVE DATE.—This section shall take 1, 2006, is hereby cancelled effective on that Amendments of 1978 (12 U.S.C. 1701z–11), or sec- effect no later than the first day of the first cal- date. tion 204 of the Departments of Veterans Affairs endar quarter that begins after the end of the 90-day period beginning on the date of the en- Subtitle E—Research and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 actment of this Act. SEC. 1501. INITIATIVE FOR FUTURE FOOD AND (12 U.S.C. 1715z–11a), shall be subject to the SEC. 2103. INCREASE IN DEPOSIT INSURANCE AGRICULTURE SYSTEMS. availability of appropriations to the extent that COVERAGE. (a) TERMINATION OF FISCAL YEAR 2007, 2008, the property market value exceeds the sale pro- (a) IN GENERAL.—Section 11(a)(1) of the Fed- AND 2009 TRANSFERS.—Subsection (b)(3)(D) of ceeds. If the multifamily real property is sold, eral Deposit Insurance Act (12 U.S.C. 1821(a)(1)) section 401 of the Agricultural Research, Exten- during such fiscal years, for an amount equal to is amended— sion, and Education Reform Act of 1998 (7 or greater than the property market value then (1) by striking subparagraph (B) and inserting U.S.C. 7621) is amended by striking ‘‘2006’’ and the transaction is not subject to the availability the following new subparagraph: inserting ‘‘2009’’. ‘‘(B) NET AMOUNT OF INSURED DEPOSIT.—The of appropriations. (b) TERMINATION OF MULTI-YEAR AVAIL- net amount due to any depositor at an insured (b) DISCOUNT LOAN SALES.—Notwithstanding ABILITY OF FISCAL YEAR 2006 FUNDS.—Para- any other provision of law and in accordance depository institution shall not exceed the graph (6) of subsection (f) of such section is with the Federal Credit Reform Act of 1990 (2 standard maximum deposit insurance amount as amended to read as follows: U.S.C. 661 et seq.), a discount loan sale during determined in accordance with subparagraphs ‘‘(6) AVAILABILITY OF FUNDS.— fiscal years 2006 through 2010 under section (C), (D), (E) and (F) and paragraph (3).’’; and ‘‘(A) TWO-YEAR AVAILABILITY.—Except as pro- (2) by adding at the end the following new 207(k) of the National Housing Act (12 U.S.C. vided in subparagraph (B), funds for grants subparagraphs: 1713(k)), section 203(k) of the Housing and Com- under this section shall be available to the Sec- ‘‘(E) STANDARD MAXIMUM DEPOSIT INSURANCE munity Development Amendments of 1978 (12 retary for obligation for a 2-year period begin- AMOUNT DEFINED.—For purposes of this Act, the ning on the date of the transfer of the funds U.S.C. 1701z–11(k)), or section 204(a) of the De- term ‘standard maximum deposit insurance under subsection (b). partments of Veterans Affairs and Housing and amount’ means $100,000, adjusted as provided Urban Development, and Independent Agencies ‘‘(B) EXCEPTION FOR FISCAL YEAR 2006 TRANS- under subparagraph (F) after March 31, 2010. Appropriations Act, 1997 (12 U.S.C. 1715z– FER.—In the case of the funds required to be ‘‘(F) INFLATION ADJUSTMENT.— transferred by subsection (b)(3)(C), the funds 11a(a)), shall be subject to the availability of ap- ‘‘(i) IN GENERAL.—By April 1 of 2010, and the shall be available to the Secretary for obligation propriations to the extent that the loan market 1st day of each subsequent 5-year period, the for the 1-year period beginning on October 1, value exceeds the sale proceeds. If the multi- Board of Directors and the National Credit 2005.’’ family loan is sold, during such fiscal years, for Union Administration Board shall jointly con- an amount equal to or greater than the loan sider the factors set forth under clause (v), and, TITLE II—HOUSING AND DEPOSIT market value then the transaction is not subject upon determining that an inflation adjustment INSURANCE PROVISIONS to the availability of appropriations. is appropriate, shall jointly prescribe the Subtitle A—FHA Asset Disposition (c) APPLICABILITY.—This section shall not amount by which the standard maximum de- SEC. 2001. DEFINITIONS. apply to any transaction that formally com- posit insurance amount and the standard max- For purposes of this subtitle, the following mences within one year prior to the enactment imum share insurance amount (as defined in definitions shall apply: of this section. section 207(k) of the Federal Credit Union Act) (1) The term ‘‘affordability requirements’’ SEC. 2003. UP-FRONT GRANTS. applicable to any depositor at an insured depos- means any requirements or restrictions imposed (a) 1997 ACT.—Section 204(a) of the Depart- itory institution shall be increased by calcu- by the Secretary, at the time of sale, on a multi- ments of Veterans Affairs and Housing and lating the product of— family real property or a multifamily loan, such Urban Development, and Independent Agencies ‘‘(I) $100,000; and as use restrictions, rent restrictions, and reha- Appropriations Act, 1997 (12 U.S.C. 1715z– ‘‘(II) the ratio of the published annual value bilitation requirements. 11a(a)) is amended by adding at the end the fol- of the Personal Consumption Expenditures (2) The term ‘‘discount sale’’ means the sale of lowing new sentence: ‘‘A grant provided under Chain-Type Price Index (or any successor index a multifamily real property in a transaction, this subsection during fiscal years 2006 through thereto), published by the Department of Com- such as a negotiated sale, in which the sale 2010 shall be available only to the extent that merce, for the calendar year preceding the year price is lower than the property market value appropriations are made in advance for such in which the adjustment is calculated under this and is set outside of a competitive bidding proc- purposes and shall not be derived from the Gen- clause, to the published annual value of such ess that has no affordability requirements. eral Insurance Fund.’’. index for the calendar year preceding the date (3) The term ‘‘discount loan sale’’ means the (b) 1978 ACT.—Section 203(f)(4) of the Housing this subparagraph takes effect under the Fed- sale of a multifamily loan in a transaction, such and Community Development Amendments of eral Deposit Insurance Reform Act of 2005. as a negotiated sale, in which the sale price is 1978 (12 U.S.C. 1701z–11(f)(4)) is amended by The values used in the calculation under sub- lower than the loan market value and is set out- adding at the end the following new sentence: clause (II) shall be, as of the date of the cal- side of a competitive bidding process that has no ‘‘This paragraph shall be effective during fiscal culation, the values most recently published by affordability requirements. years 2006 through 2010 only to the extent that the Department of Commerce.

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‘‘(ii) ROUNDING.—If the amount determined as provided in paragraph (1)(F), except that refuses to pay is less than $10,000 at the time of under clause (ii) for any period is not a multiple $250,000 shall be substituted for $100,000 wher- such failure or refusal, the amount of any pen- of $10,000, the amount so determined shall be ever such term appears in such paragraph)’’. alty to which such institution is subject under rounded down to the nearest $10,000. (d) EFFECTIVE DATE.—This section and the paragraph (1) shall not exceed $100 for each day ‘‘(iii) PUBLICATION AND REPORT TO THE CON- amendments made by this section shall take ef- that such violation continues. GRESS.—Not later than April 5 of any calendar fect on the date the final regulations required ‘‘(4) AUTHORITY TO MODIFY OR REMIT PEN- year in which an adjustment is required to be under section 9(a)(2) take effect. ALTY.—The Corporation, in the sole discretion calculated under clause (i) to the standard max- SEC. 2104. SETTING ASSESSMENTS AND REPEAL of the Corporation, may compromise, modify or imum deposit insurance amount and the stand- OF SPECIAL RULES RELATING TO remit any penalty which the Corporation may ard maximum share insurance amount under MINIMUM ASSESSMENTS AND FREE assess or has already assessed under paragraph such clause, the Board of Directors and the Na- DEPOSIT INSURANCE. (1) upon a finding that good cause prevented tional Credit Union Administration Board (a) SETTING ASSESSMENTS.—Section 7(b)(2) of the timely payment of an assessment.’’. shall— the Federal Deposit Insurance Act (12 U.S.C. (d) STATUTE OF LIMITATIONS FOR ASSESSMENT ‘‘(I) publish in the Federal Register the stand- 1817(b)(2)) is amended— ACTIONS.—Subsection (g) of section 7 of the Fed- ard maximum deposit insurance amount, the (1) by striking subparagraphs (A) and (B) and eral Deposit Insurance Act (12 U.S.C. 1817(g)) is standard maximum share insurance amount, inserting the following new subparagraphs: amended to read as follows: and the amount of coverage under paragraph ‘‘(A) IN GENERAL.—The Board of Directors ‘‘(g) ASSESSMENT ACTIONS.— (3)(A) and section 207(k)(3) of the Federal Credit shall set assessments for insured depository in- ‘‘(1) IN GENERAL.—The Corporation, in any Union Act, as so calculated; and stitutions in such amounts as the Board of Di- court of competent jurisdiction, shall be entitled ‘‘(II) jointly submit a report to the Congress rectors may determine to be necessary or appro- to recover from any insured depository institu- containing the amounts described in subclause priate, subject to subparagraph (D). tion the amount of any unpaid assessment law- (I). ‘‘(B) FACTORS TO BE CONSIDERED.—In setting fully payable by such insured depository insti- ‘‘(iv) 6-MONTH IMPLEMENTATION PERIOD.—Un- assessments under subparagraph (A), the Board tution. less an Act of Congress enacted before July 1 of of Directors shall consider the following factors: ‘‘(2) STATUTE OF LIMITATIONS.—The following the calendar year in which an adjustment is re- ‘‘(i) The estimated operating expenses of the provisions shall apply to actions relating to as- quired to be calculated under clause (i) provides Deposit Insurance Fund. sessments, notwithstanding any other provision otherwise, the increase in the standard max- ‘‘(ii) The estimated case resolution expenses in Federal law, or the law of any State: imum deposit insurance amount and the stand- and income of the Deposit Insurance Fund. ‘‘(A) Any action by an insured depository in- ‘‘(iii) The projected effects of the payment of ard maximum share insurance amount shall stitution to recover from the Corporation the assessments on the capital and earnings of in- take effect on January 1 of the year immediately overpaid amount of any assessment shall be sured depository institutions. succeeding such calendar year. brought within 3 years after the date the assess- ‘‘(iv) The risk factors and other factors taken ‘‘(v) INFLATION ADJUSTMENT CONSIDERATION.— ment payment was due, subject to the exception into account pursuant to paragraph (1) under In making any determination under clause (i) to in subparagraph (E). the risk-based assessment system, including the increase the standard maximum deposit insur- ‘‘(B) Any action by the Corporation to recover requirement under such paragraph to maintain ance amount and the standard maximum share from an insured depository institution the un- a risk-based system. insurance amount, the Board of Directors and derpaid amount of any assessment shall be ‘‘(v) Any other factors the Board of Directors the National Credit Union Administration brought within 3 years after the date the assess- may determine to be appropriate.’’; and Board shall jointly consider— ment payment was due, subject to the exceptions (2) by inserting after subparagraph (C) the in subparagraphs (C) and (E). ‘‘(I) the overall state of the Deposit Insurance following new subparagraph: Fund and the economic conditions affecting in- ‘‘(C) If an insured depository institution has ‘‘(D) NO DISCRIMINATION BASED ON SIZE.—No made a false or fraudulent statement with insured depository institutions; insured depository institution shall be barred ‘‘(II) potential problems affecting insured de- tent to evade any or all of its assessment, the from the lowest-risk category solely because of Corporation shall have until 3 years after the pository institutions; or size.’’. ‘‘(III) whether the increase will cause the re- date of discovery of the false or fraudulent (b) ASSESSMENT RECORDKEEPING PERIOD statement in which to bring an action to recover serve ratio of the fund to fall below 1.15 percent SHORTENED.—Paragraph (5) of section 7(b) of of estimated insured deposits.’’. the underpaid amount. the Federal Deposit Insurance Act (12 U.S.C. ‘‘(D) Except as provided in subparagraph (C), (b) COVERAGE FOR CERTAIN EMPLOYEE BEN- 1817(b)) is amended to read as follows: assessment deposit information contained in EFIT PLAN DEPOSITS.—Section 11(a)(1)(D) of the ‘‘(5) DEPOSITORY INSTITUTION REQUIRED TO records no longer required to be maintained pur- Federal Deposit Insurance Act (12 U.S.C. MAINTAIN ASSESSMENT-RELATED RECORDS.—Each suant to subsection (b)(4) shall be considered 1821(a)(1)(D)) is amended to read as follows: insured depository institution shall maintain all conclusive and not subject to change. ‘‘(D) COVERAGE FOR CERTAIN EMPLOYEE BEN- records that the Corporation may require for ‘‘(E) Any action for the underpaid or overpaid EFIT PLAN DEPOSITS.— verifying the correctness of any assessment on amount of any assessment that became due be- ‘‘(i) PASS-THROUGH INSURANCE.—The Corpora- the insured depository institution under this fore the amendment to this subsection under the tion shall provide pass-through deposit insur- subsection until the later of— Federal Deposit Insurance Reform Act of 2005 ance for the deposits of any employee benefit ‘‘(A) the end of the 3-year period beginning on took effect shall be subject to the statute of limi- plan. the due date of the assessment; or tations for assessments in effect at the time the ‘‘(ii) PROHIBITION ON ACCEPTANCE OF BENEFIT ‘‘(B) in the case of a dispute between the in- assessment became due.’’. PLAN DEPOSITS.—An insured depository institu- sured depository institution and the Corpora- (e) EFFECTIVE DATE.—This section and the tion that is not well capitalized or adequately tion with respect to such assessment, the date of amendments made by this section shall take ef- capitalized may not accept employee benefit a final determination of any such dispute.’’. fect on the date that the final regulations re- plan deposits. (c) INCREASE IN FEES FOR LATE ASSESSMENT quired under section 9(a)(5) take effect. ‘‘(iii) DEFINITIONS.—For purposes of this sub- PAYMENTS.—Subsection (h) of section 18 of the paragraph, the following definitions shall SEC. 2105. REPLACEMENT OF FIXED DESIGNATED Federal Deposit Insurance Act (12 U.S.C. RESERVE RATIO WITH RESERVE apply: 1828(h)) is amended to read as follows: RANGE. ‘‘(I) CAPITAL STANDARDS.—The terms ‘well ‘‘(h) PENALTY FOR FAILURE TO TIMELY PAY (a) IN GENERAL.—Section 7(b)(3) of the Fed- capitalized’ and ‘adequately capitalized’ have ASSESSMENTS.— eral Deposit Insurance Act (12 U.S.C. 1817(b)(3)) the same meanings as in section 38. ‘‘(1) IN GENERAL.—Subject to paragraph (3), is amended to read as follows: ‘‘(II) EMPLOYEE BENEFIT PLAN.—The term ‘em- any insured depository institution which fails or ‘‘(3) DESIGNATED RESERVE RATIO.— ployee benefit plan’ has the same meaning as in refuses to pay any assessment shall be subject to ‘‘(A) ESTABLISHMENT.— paragraph (5)(B)(ii), and includes any eligible a penalty in an amount of not more than 1 per- ‘‘(i) IN GENERAL.—Before the beginning of deferred compensation plan described in section cent of the amount of the assessment due for each calendar year, the Board of Directors shall 457 of the Internal Revenue Code of 1986. each day that such violation continues. designate the reserve ratio applicable with re- ‘‘(III) PASS-THROUGH DEPOSIT INSURANCE.— ‘‘(2) EXCEPTION IN CASE OF DISPUTE.—Para- spect to the Deposit Insurance Fund and pub- The term ‘pass-through deposit insurance’ graph (1) shall not apply if— lish the reserve ratio so designated. means, with respect to an employee benefit plan, ‘‘(A) the failure to pay an assessment is due to ‘‘(ii) RULEMAKING REQUIREMENT.—Any deposit insurance coverage based on the interest a dispute between the insured depository insti- change to the designated reserve ratio shall be of each participant, in accordance with regula- tution and the Corporation over the amount of made by the Board of Directors by regulation tions issued by the Corporation.’’. such assessment; and after notice and opportunity for comment. (c) INCREASED AMOUNT OF DEPOSIT INSURANCE ‘‘(B) the insured depository institution depos- ‘‘(B) RANGE.—The reserve ratio designated by FOR CERTAIN RETIREMENT ACCOUNTS.—Section its security satisfactory to the Corporation for the Board of Directors for any year— 11(a)(3)(A) of the Federal Deposit Insurance Act payment upon final determination of the issue. ‘‘(i) may not exceed 1.5 percent of estimated (12 U.S.C. 1821(a)(3)(A)) is amended by striking ‘‘(3) SPECIAL RULE FOR SMALL ASSESSMENT insured deposits; and ‘‘$100,000’’ and inserting ‘‘$250,000 (which AMOUNTS.—If the amount of the assessment ‘‘(ii) may not be less than 1.15 percent of esti- amount shall be subject to inflation adjustments which an insured depository institution fails or mated insured deposits.

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‘‘(C) FACTORS.—In designating a reserve ratio ‘‘(F) MODIFICATIONS TO THE RISK-BASED AS- ‘‘(E) LIMITATION.—The Board of Directors for any year, the Board of Directors shall— SESSMENT SYSTEM ALLOWED ONLY AFTER NOTICE may suspend or limit dividends paid under sub- ‘‘(i) take into account the risk of losses to the AND COMMENT.—In revising or modifying the paragraph (B), if the Board determines in writ- Deposit Insurance Fund in such year and fu- risk-based assessment system at any time after ing that— ture years, including historic experience and po- the date of the enactment of the Federal Deposit ‘‘(i) a significant risk of losses to the Deposit tential and estimated losses from insured deposi- Insurance Reform Act of 2005, the Board of Di- Insurance Fund exists over the next 1-year pe- tory institutions; rectors may implement such revisions or modi- riod; and ‘‘(ii) take into account economic conditions fication in final form only after notice and op- ‘‘(ii) it is likely that such losses will be suffi- generally affecting insured depository institu- portunity for comment.’’. ciently high as to justify a finding by the Board tions so as to allow the designated reserve ratio SEC. 2107. REFUNDS, DIVIDENDS, AND CREDITS that the reserve ratio should temporarily be al- to increase during more favorable economic con- FROM DEPOSIT INSURANCE FUND. lowed— ditions and to decrease during less favorable (a) IN GENERAL.—Subsection (e) of section 7 of ‘‘(I) to grow without requiring dividends economic conditions, notwithstanding the in- the Federal Deposit Insurance Act (12 U.S.C. under subparagraph (B); or creased risks of loss that may exist during such 1817(e)) is amended to read as follows: ‘‘(II) to exceed the maximum amount estab- less favorable conditions, as determined to be ‘‘(e) REFUNDS, DIVIDENDS, AND CREDITS.— lished under subsection (b)(3)(B)(i). appropriate by the Board of Directors; ‘‘(1) REFUNDS OF OVERPAYMENTS.—In the case ‘‘(F) CONSIDERATIONS.—In making a deter- ‘‘(iii) seek to prevent sharp swings in the as- of any payment of an assessment by an insured mination under subparagraph (E), the Board sessment rates for insured depository institu- depository institution in excess of the amount shall consider— tions; and due to the Corporation, the Corporation may— ‘‘(i) national and regional conditions and ‘‘(iv) take into account such other factors as ‘‘(A) refund the amount of the excess payment their impact on insured depository institutions; the Board of Directors may determine to be ap- to the insured depository institution; or ‘‘(ii) potential problems affecting insured de- propriate, consistent with the requirements of ‘‘(B) credit such excess amount toward the pository institutions or a specific group or type this subparagraph. payment of subsequent assessments until such of depository institution; ‘‘(D) PUBLICATION OF PROPOSED CHANGE IN credit is exhausted. ‘‘(iii) the degree to which the contingent li- RATIO.—In soliciting comment on any proposed ‘‘(2) DIVIDENDS FROM EXCESS AMOUNTS IN DE- ability of the Corporation for anticipated fail- change in the designated reserve ratio in ac- POSIT INSURANCE FUND.— ures of insured institutions adequately address- cordance with subparagraph (A), the Board of ‘‘(A) RESERVE RATIO IN EXCESS OF 1.5 PERCENT es concerns over funding levels in the Deposit Directors shall include in the published proposal OF ESTIMATED INSURED DEPOSITS.—If, at the end Insurance Fund; and a thorough analysis of the data and projections of a calendar year, the reserve ratio of the De- ‘‘(iv) any other factors that the Board deter- on which the proposal is based.’’. posit Insurance Fund exceeds 1.5 percent of esti- mines are appropriate. ‘‘(G) REVIEW OF DETERMINATION.— (b) EFFECTIVE DATE.—This section and the mated insured deposits, the Corporation shall ‘‘(i) ANNUAL REVIEW.—A determination to sus- amendments made by this section shall take ef- declare the amount in the Fund in excess of the pend or limit dividends under subparagraph (E) fect on the date that the final regulations re- amount required to maintain the reserve ratio at shall be reviewed by the Board of Directors an- quired under section 9(a)(1) take effect. 1.5 percent of estimated insured deposits, as dividends to be paid to insured depository insti- nually. SEC. 2106. REQUIREMENTS APPLICABLE TO THE ‘‘(ii) ACTION BY BOARD.—Based on each an- RISK-BASED ASSESSMENT SYSTEM. tutions. ‘‘(B) RESERVE RATIO EQUAL TO OR IN EXCESS nual review under clause (i), the Board of Di- Section 7(b)(1) of the Federal Deposit Insur- OF 1.35 PERCENT OF ESTIMATED INSURED DEPOSITS rectors shall either renew or remove a deter- ance Act (12 U.S.C. 1817(b)(1)) is amended by AND NOT MORE THAN 1.5 PERCENT.—If, at the end mination to suspend or limit dividends under adding at the end the following new subpara- of a calendar year, the reserve ratio of the De- subparagraph (E), or shall make a new deter- graphs: posit Insurance Fund equals or exceeds 1.35 per- mination in accordance with this paragraph. ‘‘(E) INFORMATION CONCERNING RISK OF LOSS cent of estimated insured deposits and is not Unless justified under the terms of the renewal AND ECONOMIC CONDITIONS.— more than 1.5 percent of such deposits, the Cor- or new determination, the Corporation shall be ‘‘(i) SOURCES OF INFORMATION.—For purposes poration shall declare the amount in the Fund required to provide cash dividends under sub- of determining risk of losses at insured deposi- that is equal to 50 percent of the amount in ex- paragraph (A) or (B), as appropriate. tory institutions and economic conditions gen- cess of the amount required to maintain the re- ‘‘(3) ONE-TIME CREDIT BASED ON TOTAL ASSESS- erally affecting depository institutions, the Cor- serve ratio at 1.35 percent of the estimated in- MENT BASE AT YEAR-END 1996.— poration shall collect information, as appro- sured deposits as dividends to be paid to insured ‘‘(A) IN GENERAL.—Before the end of the 270- priate, from all sources the Board of Directors depository institutions. day period beginning on the date of the enact- considers appropriate, such as reports of condi- ‘‘(C) BASIS FOR DISTRIBUTION OF DIVIDENDS.— ment of the Federal Deposit Insurance Reform tion, inspection reports, and other information ‘‘(i) IN GENERAL.—Solely for the purposes of Act of 2005, the Board of Directors shall, by reg- from all Federal banking agencies, any informa- dividend distribution under this paragraph, the ulation after notice and opportunity for com- tion available from State bank supervisors, State Corporation shall determine each insured depos- ment, provide for a credit to each eligible in- insurance and securities regulators, the Securi- itory institution’s relative contribution to the sured depository institution (or a successor in- ties and Exchange Commission (including infor- Deposit Insurance Fund (or any predecessor de- sured depository institution), based on the as- mation described in section 35), the Secretary of posit insurance fund) for calculating such insti- sessment base of the institution on December 31, the Treasury, the Commodity Futures Trading tution’s share of any dividend declared under 1996, as compared to the combined aggregate as- Commission, the Farm Credit Administration, this paragraph, taking into account the factors sessment base of all eligible insured depository the Federal Trade Commission, any Federal re- described in clause (ii). institutions, taking into account such factors as serve bank or Federal home loan bank, and ‘‘(ii) FACTORS FOR DISTRIBUTION.—In imple- the Board of Directors may determine to be ap- other regulators of financial institutions, and menting this paragraph in accordance with reg- propriate. any information available from credit rating en- ulations, the Corporation shall take into ac- ‘‘(B) CREDIT LIMIT.—The aggregate amount of tities, and other private economic or business count the following factors: credits available under subparagraph (A) to all analysts. ‘‘(I) The ratio of the assessment base of an ineligible insured depository institutions shall ‘‘(ii) CONSULTATION WITH FEDERAL BANKING sured depository institution (including any equal the amount that the Corporation could AGENCIES.— predecessor) on December 31, 1996, to the assess- collect if the Corporation imposed an assessment ‘‘(I) IN GENERAL.—Except as provided in sub- ment base of all eligible insured depository insti- of 10.5 basis points on the combined assessment clause (II), in assessing the risk of loss to the tutions on that date. base of the Bank Insurance Fund and the Sav- Deposit Insurance Fund with respect to any in- ‘‘(II) The total amount of assessments paid on ings Association Insurance Fund as of December sured depository institution, the Corporation or after January 1, 1997, by an insured deposi- 31, 2001. shall consult with the appropriate Federal tory institution (including any predecessor) to ‘‘(C) ELIGIBLE INSURED DEPOSITORY INSTITU- banking agency of such institution. the Deposit Insurance Fund (and any prede- TION DEFINED.—For purposes of this paragraph, ‘‘(II) TREATMENT ON AGGREGATE BASIS.—In cessor deposit insurance fund). the term ‘eligible insured depository institution’ the case of insured depository institutions that ‘‘(III) That portion of assessments paid by an means any insured depository institution that— are well capitalized (as defined in section 38) insured depository institution (including any ‘‘(i) was in existence on December 31, 1996, and, in the most recent examination, were found predecessor) that reflects higher levels of risk as- and paid a deposit insurance assessment prior to to be well managed, the consultation under sub- sumed by such institution. that date; or clause (I) concerning the assessment of the risk ‘‘(IV) Such other factors as the Corporation ‘‘(ii) is a successor to any insured depository of loss posed by such institutions may be made may determine to be appropriate. institution described in clause (i). on an aggregate basis. ‘‘(D) NOTICE AND OPPORTUNITY FOR COM- ‘‘(D) APPLICATION OF CREDITS.— ‘‘(iii) RULE OF CONSTRUCTION.—No provision MENT.—The Corporation shall prescribe by regu- ‘‘(i) IN GENERAL.—Subject to clause (ii), the of this paragraph shall be construed as pro- lation, after notice and opportunity for com- amount of a credit to any eligible insured depos- viding any new authority for the Corporation to ment, the method for the calculation, declara- itory institution under this paragraph shall be require submission of information by insured de- tion, and payment of dividends under this para- applied by the Corporation, subject to sub- pository institutions to the Corporation. graph. section (b)(3)(E), to the assessments imposed on

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 586 CONGRESSIONAL RECORD—HOUSE February 1, 2006 such institution under subsection (b) that be- the requirements of this clause if the plan pro- TITLE III—DIGITAL TELEVISION come due for assessment periods beginning after vides that the reserve ratio of the Fund will TRANSITION AND PUBLIC SAFETY the effective date of regulations prescribed meet or exceed the minimum amount specified in SEC. 3001. SHORT TITLE; DEFINITION. under subparagraph (A). subparagraph (B)(ii) for the designated reserve (a) SHORT TITLE.—This title may be cited as ‘‘(ii) TEMPORARY RESTRICTION ON USE OF ratio before the end of the 5-year period begin- the ‘‘Digital Television Transition and Public CREDITS.—The amount of a credit to any eligible ning upon the implementation of the plan (or Safety Act of 2005’’. insured depository institution under this para- such longer period as the Corporation may de- (b) DEFINITION.—As used in this Act, the term graph may not be applied to more than 90 per- termine to be necessary due to extraordinary cir- ‘‘Assistant Secretary’’ means the Assistant Sec- cent of the assessments imposed on such institu- cumstances). retary for Communications and Information of tion under subsection (b) that become due for ‘‘(iii) RESTRICTION ON ASSESSMENT CREDITS.— the Department of Commerce. assessment periods beginning in fiscal years As part of any restoration plan under this sub- SEC. 3002. ANALOG SPECTRUM RECOVERY: FIRM 2008, 2009, and 2010. paragraph, the Corporation may elect to restrict DEADLINE. ‘‘(iii) REGULATIONS.—The regulations pre- the application of assessment credits provided (a) AMENDMENTS.—Section 309(j)(14) of the scribed under subparagraph (A) shall establish under subsection (e)(3) for any period that the Communications Act of 1934 (47 U.S.C. the qualifications and procedures governing the plan is in effect. 309(j)(14)) is amended— application of assessment credits pursuant to ‘‘(iv) LIMITATION ON RESTRICTION.—Notwith- (1) in subparagraph (A)— clause (i). standing clause (iii), while any restoration plan (A) by inserting ‘‘full-power’’ before ‘‘tele- ‘‘(E) LIMITATION ON AMOUNT OF CREDIT FOR under this subparagraph is in effect, the Cor- vision broadcast license’’; and CERTAIN DEPOSITORY INSTITUTIONS.—In the case poration shall apply credits provided to an in- (B) by striking ‘‘December 31, 2006’’ and in- of an insured depository institution that exhib- sured depository institution under subsection serting ‘‘February 17, 2009’’; its financial, operational, or compliance weak- (e)(3) against any assessment imposed on the in- (2) by striking subparagraph (B); nesses ranging from moderately severe to unsat- stitution for any assessment period in an (3) in subparagraph (C)(i)(I), by striking ‘‘or isfactory, or is not adequately capitalized (as amount equal to the lesser of— (B)’’; defined in section 38) at the beginning of an as- (4) in subparagraph (D), by striking ‘‘sub- sessment period, the amount of any credit al- ‘‘(I) the amount of the assessment; or paragraph (C)(i)’’ and inserting ‘‘subparagraph lowed under this paragraph against the assess- ‘‘(II) the amount equal to 3 basis points of the institution’s assessment base. (B)(i)’’; and ment on that depository institution for such pe- (5) by redesignating subparagraphs (C) and ‘‘(v) TRANSPARENCY.—Not more than 30 days riod may not exceed the amount calculated by (D) as subparagraphs (B) and (C), respectively. applying to that depository institution the aver- after the Corporation establishes and imple- (b) TERMINATIONS OF ANALOG LICENSES AND age assessment rate on all insured depository in- ments a restoration plan under clause (i), the BROADCASTING.—The Federal Communications Corporation shall publish in the Federal Reg- stitutions for such assessment period. Commission shall take such actions as are nec- ‘‘(F) SUCCESSOR DEFINED.—The Corporation ister a detailed analysis of the factors consid- essary— shall define the term ‘successor’ for purposes of ered and the basis for the actions taken with re- (1) to terminate all licenses for full-power tele- this paragraph, by regulation, and may consider gard to the plan.’’. vision stations in the analog television service, any factors as the Board may deem appropriate. SEC. 2109. REGULATIONS REQUIRED. and to require the cessation of broadcasting by ‘‘(4) ADMINISTRATIVE REVIEW.— N ENERAL ‘‘(A) IN GENERAL.—The regulations prescribed (a) I G .—Not later than 270 days full-power stations in the analog television serv- under paragraphs (2)(D) and (3) shall include after the date of the enactment of this Act, the ice, by February 18, 2009; and provisions allowing an insured depository insti- Board of Directors of the Federal Deposit Insur- (2) to require by February 18, 2009, that all tution a reasonable opportunity to challenge ad- ance Corporation shall prescribe final regula- broadcasting by Class A stations, whether in the ministratively the amount of the credit or divi- tions, after notice and opportunity for com- analog television service or digital television dend determined under paragraph (2) or (3) for ment— service, and all broadcasting by full-power sta- such institution. (1) designating the reserve ratio for the De- tions in the digital television service, occur only ‘‘(B) ADMINISTRATIVE REVIEW.—Any review posit Insurance Fund in accordance with sec- on channels between channels 2 and 36, inclu- under subparagraph (A) of any determination of tion 7(b)(3) of the Federal Deposit Insurance Act sive, or 38 and 51, inclusive (between frequencies the Corporation under paragraph (2) or (3) shall (as amended by section 2105 of this subtitle); 54 and 698 megahertz, inclusive). be final and not subject to judicial review.’’. (2) implementing increases in deposit insur- (c) CONFORMING AMENDMENTS.— (b) DEFINITION OF RESERVE RATIO.—Section ance coverage in accordance with the amend- (1) Section 337(e) of the Communications Act 3(y) of the Federal Deposit Insurance Act (12 ments made by section 2103 of this subtitle; of 1934 (47 U.S.C. 337(e)) is amended— (A) in paragraph (1)— U.S.C. 1813(y)) (as amended by section 2105(b) of (3) implementing the dividend requirement (i) by striking ‘‘CHANNELS 60 TO 69’’ and insert- this subtitle) is amended by adding at the end under section 7(e)(2) of the Federal Deposit In- ing ‘‘CHANNELS 52 TO 69’’; the following new paragraph: surance Act (as amended by section 2107 of this (ii) by striking ‘‘person who’’ and inserting ‘‘(3) RESERVE RATIO.—The term ‘reserve ratio’, subtitle); ‘‘full-power television station licensee that’’; when used with regard to the Deposit Insurance (4) implementing the 1-time assessment credit Fund other than in connection with a reference (iii) by striking ‘‘746 and 806 megahertz’’ and to certain insured depository institutions in ac- inserting ‘‘698 and 806 megahertz’’; and to the designated reserve ratio, means the ratio cordance with section 7(e)(3) of the Federal De- of the net worth of the Deposit Insurance Fund (iv) by striking ‘‘the date on which the digital posit Insurance Act, as amended by section 2107 television service transition period terminates, to the value of the aggregate estimated insured of this subtitle, including the qualifications and deposits.’’. as determined by the Commission’’ and inserting procedures under which the Corporation would ‘‘February 17, 2009’’; and SEC. 2108. DEPOSIT INSURANCE FUND RESTORA- apply assessment credits; and (B) in paragraph (2), by striking ‘‘746 mega- TION PLANS. (5) providing for assessments under section Section 7(b)(3) of the Federal Deposit Insur- hertz’’ and inserting ‘‘698 megahertz’’. 7(b) of the Federal Deposit Insurance Act, as ance Act (12 U.S.C. 1817(b)(3)) (as amended by SEC. 3003. AUCTION OF RECOVERED SPECTRUM. amended by this subtitle. section 2105(a) of this subtitle) is amended by (a) DEADLINE FOR AUCTION.—Section 309(j) of adding at the end the following new subpara- (b) TRANSITION PROVISIONS.— the Communications Act of 1934 (47 U.S.C. graph: (1) CONTINUATION OF EXISTING ASSESSMENT 309(j)) is amended— ‘‘(E) DIF RESTORATION PLANS.— REGULATIONS.—No provision of this subtitle or (1) by redesignating the second paragraph (15) ‘‘(i) IN GENERAL.—Whenever— any amendment made by this subtitle shall be of such section (as added by section 203(b) of the ‘‘(I) the Corporation projects that the reserve construed as affecting the authority of the Cor- Commercial Spectrum Enhancement Act (Pub. ratio of the Deposit Insurance Fund will, within poration to set or collect deposit insurance as- L. 108–494; 118 Stat. 3993)), as paragraph (16) of 6 months of such determination, fall below the sessments pursuant to any regulations in effect such section; and minimum amount specified in subparagraph before the effective date of the final regulations (2) in the first paragraph (15) of such section (B)(ii) for the designated reserve ratio; or prescribed under subsection (a). (as added by section 3(a) of the Auction Reform ‘‘(II) the reserve ratio of the Deposit Insur- (2) TREATMENT OF DIF MEMBERS UNDER EXIST- Act of 2002 (Pub. L. 107–195; 116 Stat. 716)), by ance Fund actually falls below the minimum ING REGULATIONS.—As of the date of the merger adding at the end of subparagraph (C) the fol- amount specified in subparagraph (B)(ii) for the of the Bank Insurance Fund and the Savings lowing new clauses: designated reserve ratio without any determina- Association Insurance Fund pursuant to section ‘‘(v) ADDITIONAL DEADLINES FOR RECOVERED tion under subclause (I) having been made, 2102, the assessment regulations in effect imme- ANALOG SPECTRUM.—Notwithstanding subpara- the Corporation shall establish and implement a diately before the date of the enactment of this graph (B), the Commission shall conduct the Deposit Insurance Fund restoration plan within Act shall continue to apply to all members of the auction of the licenses for recovered analog 90 days that meets the requirements of clause Deposit Insurance Fund, until such regulations spectrum by commencing the bidding not later (ii) and such other conditions as the Corpora- are modified by the Corporation, notwith- than January 28, 2008, and shall deposit the tion determines to be appropriate. standing that such regulations may refer to proceeds of such auction in accordance with ‘‘(ii) REQUIREMENTS OF RESTORATION PLAN.—A ‘‘Bank Insurance Fund members’’ or ‘‘Savings paragraph (8)(E)(ii) not later than June 30, Deposit Insurance Fund restoration plan meets Association Insurance Fund members’’. 2008.

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‘‘(vi) RECOVERED ANALOG SPECTRUM.—For (B) NO COMBINATIONS OF COUPONS.—Two cou- communications systems funded under the grant purposes of clause (v), the term ‘recovered ana- pons may not be used in combination toward the program. log spectrum’ means the spectrum between chan- purchase of a single digital-to-analog converter (d) DEFINITIONS.—For purposes of this sec- nels 52 and 69, inclusive (between frequencies box. tion: 698 and 806 megahertz, inclusive) reclaimed from (C) DURATION.—All coupons shall expire 3 (1) PUBLIC SAFETY AGENCY.—The term ‘‘public analog television service broadcasting under months after issuance. safety agency’’ means any State, local, or tribal paragraph (14), other than— (2) DISTRIBUTION OF COUPONS.—The Assistant government entity, or nongovernmental organi- ‘‘(I) the spectrum required by section 337 to be Secretary shall expend not more than zation authorized by such entity, whose sole or made available for public safety services; and $100,000,000 on administrative expenses and principal purpose is to protect the safety of life, ‘‘(II) the spectrum auctioned prior to the date shall ensure that the sum of— health, or property. of enactment of the Digital Television Transi- (A) all administrative expenses for the pro- (2) INTEROPERABLE COMMUNICATIONS SYS- tion and Public Safety Act of 2005.’’. gram, including not more than $5,000,000 for TEMS.—The term ‘‘interoperable communications (b) EXTENSION OF AUCTION AUTHORITY.—Sec- consumer education concerning the digital tele- systems’’ means communications systems which tion 309(j)(11) of such Act (47 U.S.C. 309(j)(11)) vision transition and the availability of the dig- enable public safety agencies to share informa- is amended by striking ‘‘2007’’ and inserting ital-to-analog converter box program; and tion amongst local, State, Federal, and tribal ‘‘2011’’. (B) the total maximum value of all the cou- public safety agencies in the same area via voice SEC. 3004. RESERVATION OF AUCTION PROCEEDS. pons redeemed, and issued but not expired, does or data signals. Section 309(j)(8) of the Communications Act of not exceed $990,000,000. (3) REALLOCATED PUBLIC SAFETY SPECTRUM.— 1934 (47 U.S.C. 309(j)(8)) is amended— (3) USE OF ADDITIONAL AMOUNT.—If the As- The term ‘‘reallocated public safety spectrum’’ (1) in subparagraph (A), by striking ‘‘sub- sistant Secretary transmits to the Committee on means the bands of spectrum located at 764–776 paragraph (B) or subparagraph (D)’’ and insert- Energy and Commerce of the House of Rep- megahertz and 794–806 megahertz, inclusive. ing ‘‘subparagraphs (B), (D), and (E)’’; resentatives and Committee on Commerce, SEC. 3007. NYC 9/11 DIGITAL TRANSITION. (2) in subparagraph (C)(i), by inserting before Science, and Transportation of the Senate a (a) FUNDS AVAILABLE.—From the Digital Tele- the semicolon at the end the following: ‘‘, except statement certifying that the sum permitted to vision Transition and Public Safety Fund estab- as otherwise provided in subparagraph (E)(ii)’’; be expended under paragraph (2) will be insuffi- lished under section 309(j)(8)(E) of the Commu- and cient to fulfill the requests for coupons from eli- nications Act of 1934 (47 U.S.C. 309(j)(8)(E)) the (3) by adding at the end the following new gible households— Assistant Secretary shall make payments of not subparagraph: (A) paragraph (2) shall be applied— to exceed $30,000,000, in the aggregate, which ‘‘(E) TRANSFER OF RECEIPTS.— (i) by substituting ‘‘$160,000,000’’ for shall be available to carry out this section for ‘‘(i) ESTABLISHMENT OF FUND.—There is estab- ‘‘$100,000,000’’; and fiscal years 2007 through 2008. The Assistant lished in the Treasury of the United States a (ii) by substituting ‘‘$1,500,000,000’’ for Secretary may borrow from the Treasury begin- fund to be known as the Digital Television ‘‘$990,000,000’’; ning October 1, 2006 such sums as may be nec- Transition and Public Safety Fund. (B) subsection (a)(2) shall be applied by sub- essary not to exceed $30,000,000 to implement ‘‘(ii) PROCEEDS FOR FUNDS.—Notwithstanding stituting ‘‘$1,500,000,000’’ for ‘‘$990,000,000’’; and and administer the program in accordance with subparagraph (A), the proceeds (including de- (C) the additional amount permitted to be ex- this section. The Assistant Secretary shall reim- posits and upfront payments from successful pended shall be available 60 days after the As- burse the Treasury, without interest, as funds bidders) from the use of a competitive bidding sistant Secretary sends such statement. are deposited into the Digital Television Transi- system under this subsection with respect to re- (4) COUPON VALUE.—The value of each coupon tion and Public Safety Fund. covered analog spectrum shall be deposited in shall be $40. (b) USE OF FUNDS.—The sums available under the Digital Television Transition and Public (d) DEFINITION OF DIGITAL-TO-ANALOG CON- subsection (a) shall be made available by the As- Safety Fund. VERTER BOX.—For purposes of this section, the sistant Secretary by grant to be used to reim- ‘‘(iii) TRANSFER OF AMOUNT TO TREASURY.— term ‘‘digital-to-analog converter box’’ means a burse the Metropolitan Television Alliance for On September 30, 2009, the Secretary shall trans- stand-alone device that does not contain fea- costs incurred in the design and deployment of fer $7,363,000,000 from the Digital Television tures or functions except those necessary to en- a temporary digital television broadcast system Transition and Public Safety Fund to the gen- able a consumer to convert any channel broad- to ensure that, until a permanent facility atop eral fund of the Treasury. cast in the digital television service into a for- the Freedom Tower is constructed, the members ‘‘(iv) RECOVERED ANALOG SPECTRUM.—For mat that the consumer can display on television of the Metropolitan Television Alliance can pro- purposes of clause (i), the term ‘recovered ana- receivers designed to receive and display signals vide the New York City area with an adequate log spectrum’ has the meaning provided in para- only in the analog television service, but may digital television signal as determined by the graph (15)(C)(vi).’’. also include a remote control device. Federal Communications Commission. SEC. 3005. DIGITAL-TO-ANALOG CONVERTER BOX SEC. 3006. PUBLIC SAFETY INTEROPERABLE COM- (c) DEFINITIONS.—For purposes of this section: PROGRAM. MUNICATIONS. (1) METROPOLITAN TELEVISION ALLIANCE.— (a) CREATION OF PROGRAM.—The Assistant (a) CREATION OF PROGRAM.—The Assistant The term ‘‘Metropolitan Television Alliance’’ Secretary shall— Secretary, in consultation with the Secretary of means the organization formed by New York (1) implement and administer a program the Department of Homeland Security— City television broadcast station licensees to lo- through which households in the United States (1) may take such administrative action as is cate new shared facilities as a result of the at- may obtain coupons that can be applied toward necessary to establish and implement a grant tacks on September 11, 2001 and the loss of use the purchase of digital-to-analog converter program to assist public safety agencies in the of shared facilities that housed broadcast equip- boxes; and acquisition of, deployment of, or training for the ment. (2) make payments of not to exceed use of interoperable communications systems (2) NEW YORK CITY AREA.—The term ‘‘New $990,000,000, in the aggregate, through fiscal that utilize, or enable interoperability with com- York City area’’ means the five counties com- year 2009 to carry out that program from the munications systems that can utilize, reallo- prising New York City and counties of northern Digital Television Transition and Public Safety cated public safety spectrum for radio commu- New Jersey in immediate proximity to New York Fund established under section 309(j)(8)(E) of nication; and City (Bergen, Essex, Union, and Hudson Coun- the Communications Act of 1934 (47 U.S.C. (2) shall make payments of not to exceed ties) . 309(j)(8)(E)). $1,000,000,000, in the aggregate, through fiscal SEC. 3008. LOW-POWER TELEVISION AND TRANS- (b) CREDIT.—The Assistant Secretary may bor- year 2010 to carry out that program from the LATOR DIGITAL-TO-ANALOG CON- row from the Treasury beginning on October 1, Digital Television Transition and Public Safety VERSION. 2006 such sums as may be necessary, but not to Fund established under section 309(j)(8)(E) of (a) CREATION OF PROGRAM.—The Assistant exceed $1,500,000,000, to implement this section. the Communications Act of 1934 (47 U.S.C. Secretary shall make payments of not to exceed The Assistant Secretary shall reimburse the 309(j)(8)(E)). $10,000,000, in the aggregate, during the fiscal Treasury, without interest, as funds are depos- (b) CREDIT.—The Assistant Secretary may bor- year 2008 and 2009 period from the Digital Tele- ited into the Digital Television Transition and row from the Treasury beginning on October 1, vision Transition and Public Safety Fund estab- Public Safety Fund. 2006 such sums as may be necessary, but not to lished under section 309(j)(8)(E) of the Commu- (c) PROGRAM SPECIFICATIONS.— exceed $1,000,000,000, to implement this section. nications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to (1) LIMITATIONS.— The Assistant Secretary shall reimburse the implement and administer a program through (A) TWO-PER-HOUSEHOLD MAXIMUM.—A Treasury, without interest, as funds are depos- which each eligible low-power television station household may obtain coupons by making a re- ited into the Digital Television Transition and may receive compensation toward the cost of the quest as required by the regulations under this Public Safety Fund. purchase of a digital-to-analog conversion de- section between January 1, 2008, and March 31, (c) CONDITION OF GRANTS.—In order to obtain vice that enables it to convert the incoming dig- 2009, inclusive. The Assistant Secretary shall en- a grant under the grant program, a public safe- ital signal of its corresponding full-power tele- sure that each requesting household receives, ty agency shall agree to provide, from non-Fed- vision station to analog format for transmission via the United States Postal Service, no more eral sources, not less than 20 percent of the costs on the low-power television station’s analog than two coupons. of acquiring and deploying the interoperable channel. An eligible low-power television station

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 588 CONGRESSIONAL RECORD—HOUSE February 1, 2006 may receive such compensation only if it sub- SEC. 3012. ESSENTIAL AIR SERVICE PROGRAM. (2) in clause (vii)— mits a request for such compensation on or be- (a) IN GENERAL.—If the amount appropriated (A) in subclause (I), by striking ‘‘for each of fore February 17, 2009. Priority compensation to carry out the essential air service program fiscal years 2005 through 2007’’ and inserting shall be given to eligible low-power television under subchapter II of chapter 417 of title 49, ‘‘for fiscal years 2005 and 2006’’; and stations in which the license is held by a non- United States Code, equals or exceeds (B) in subclause (II), by striking ‘‘Each’’ and profit corporation and eligible low-power tele- $110,000,000 for fiscal year 2007 or 2008, then the inserting ‘‘For fiscal years 2005 and 2006, each’’; vision stations that serve rural areas of fewer Secretary of Commerce shall make $15,000,000 and than 10,000 viewers. available, from the Digital Television Transition (3) by adding at the end the following new (b) CREDIT.—The Assistant Secretary may bor- and Public Safety Fund established by section clauses: row from the Treasury beginning October 1, 2006 309(j)(8)(E) of the Communications Act of 1934 ‘‘(viii)(I) For purposes of clause (i) for fiscal such sums as may be necessary, but not to ex- (47 U.S.C. 309(j)(8)(E)), to the Secretary of year 2007 and each subsequent fiscal year, in ceed $10,000,000, to implement this section. The Transportation for use in carrying out the es- the case of a subsection (d) hospital that does Assistant Secretary shall reimburse the Treas- sential air service program for that fiscal year. not submit, to the Secretary in accordance with ury, without interest, as funds are deposited (b) APPLICATION WITH OTHER FUNDS.— this clause, data required to be submitted on into the Digital Television Transition and Pub- Amounts made available under subsection (a) measures selected under this clause with respect lic Safety Fund. for any fiscal year shall be in addition to any to such a fiscal year, the applicable percentage (c) ELIGIBLE STATIONS.—For purposes of this amounts— increase under clause (i) for such fiscal year section, the term ‘‘eligible low-power television (1) appropriated for that fiscal year; or shall be reduced by 2.0 percentage points. Such station’’ means a low-power television broadcast (2) derived from fees collected pursuant to sec- reduction shall apply only with respect to the station, Class A television station, television tion 45301(a)(1) of title 49, United States Code, fiscal year involved and the Secretary shall not translator station, or television booster station— that are made available for obligation and ex- take into account such reduction in computing (1) that is itself broadcasting exclusively in penditure to carry out the essential air service the applicable percentage increase under clause analog format; and program for that fiscal year. (i) for a subsequent fiscal year, and the Sec- (2) that has not purchased a digital-to-analog (c) ADVANCES.—The Secretary of Transpor- retary and the Medicare Payment Advisory conversion device prior to the date of enactment tation may borrow from the Treasury such sums Commission shall carry out the requirements of the Digital Television Transition and Public as may be necessary, but not to exceed under section 5001(b) of the Deficit Reduction Safety Act of 2005. $30,000,000 on a temporary and reimbursable Act of 2005. SEC. 3009. LOW-POWER TELEVISION AND TRANS- basis to implement subsection (a). The Secretary ‘‘(II) Each subsection (d) hospital shall submit LATOR UPGRADE PROGRAM. of Transportation shall reimburse the Treasury, data on measures selected under this clause to (a) ESTABLISHMENT.—The Assistant Secretary without interest, as funds are deposited into the the Secretary in a form and manner, and at a shall make payments of not to exceed Digital Television Transition and Public Safety time, specified by the Secretary for purposes of $65,000,000, in the aggregate, during fiscal year Fund under section 309(j)(8)(E) of the Commu- this clause. ‘‘(III) The Secretary shall expand, beyond the 2009 the Digital Television Transition and Pub- nications Act of 1934 (47 U.S.C. 309(j)(8)(E)) and measures specified under clause (vii)(II) and lic Safety Fund established under section made available to the Secretary under sub- consistent with the succeeding subclauses, the 309(j)(8)(E) of the Communications Act of 1934 section (a). set of measures that the Secretary determines to (47 U.S.C. 309(j)(8)(E)) to implement and admin- SEC. 3013. SUPPLEMENTAL LICENSE FEES. ister a program through which each licensee of be appropriate for the measurement of the qual- In addition to any fees assessed under the ity of care furnished by hospitals in inpatient an eligible low-power television station may re- Communications Act of 1934 (47 U.S.C. 151 et ceive reimbursement for equipment to upgrade settings. seq.), the Federal Communications Commission ‘‘(IV) Effective for payments beginning with low-power television stations from analog to shall assess extraordinary fees for licenses in the digital in eligible rural communities, as that fiscal year 2007, in expanding the number of aggregate amount of $10,000,000, which shall be measures under subclause (III), the Secretary term is defined in section 610(b)(2) of the Rural deposited in the Treasury during fiscal year shall begin to adopt the baseline set of perform- Electrification Act of 1937 (7 U.S.C. 950bb(b)(2)). 2006 as offsetting receipts. ance measures as set forth in the November 2005 Such reimbursements shall be issued to eligible TITLE IV—TRANSPORTATION PROVISIONS report by the Institute of Medicine of the Na- stations no earlier than October 1, 2010. Priority tional Academy of Sciences under section 238(b) reimbursements shall be given to eligible low- SEC. 4001. EXTENSION OF VESSEL TONNAGE DU- of the Medicare Prescription Drug, Improve- power television stations in which the license is TIES. (a) EXTENSION OF DUTIES.—Section 36 of the ment, and Modernization Act of 2003. held by a non-profit corporation and eligible Act entitled ‘‘An Act to provide revenue, equal- ‘‘(V) Effective for payments beginning with low-power television stations that serve rural ize duties and encourage the industries of the fiscal year 2008, the Secretary shall add other areas of fewer than 10,000 viewers. measures that reflect consensus among affected (b) ELIGIBLE STATIONS.—For purposes of this United States, and for other purposes’’, ap- parties and, to the extent feasible and prac- section, the term ‘‘eligible low-power television proved August 5, 1909 (36 Stat. 111; 46 U.S.C. App. 121), is amended— ticable, shall include measures set forth by one station’’ means a low-power television broadcast or more national consensus building entities. station, Class A television station, television (1) by striking ‘‘9 cents per ton’’ and all that follows through ‘‘2002,’’ the first place it ap- ‘‘(VI) For purposes of this clause and clause translator station, or television booster station— (vii), the Secretary may replace any measures or (1) that is itself broadcasting exclusively in pears and inserting ‘‘4.5 cents per ton, not to exceed in the aggregate 22.5 cents per ton in any indicators in appropriate cases, such as where analog format; and all hospitals are effectively in compliance or the (2) that has not converted from analog to dig- one year, for fiscal years 2006 through 2010,’’; measures or indicators have been subsequently ital operations prior to the date of enactment of and shown not to represent the best clinical practice. the Digital Television Transition and Public (2) by striking ‘‘27 cents per ton’’ and all that follows through ‘‘2002,’’ and inserting ‘‘13.5 ‘‘(VII) The Secretary shall establish proce- Safety Act of 2005. dures for making data submitted under this SEC. 3010. NATIONAL ALERT AND TSUNAMI WARN- cents per ton, not to exceed 67.5 cents per ton per annum, for fiscal years 2006 through 2010,’’. clause available to the public. Such procedures ING PROGRAM. shall ensure that a hospital has the opportunity The Assistant Secretary shall make payments (b) CONFORMING AMENDMENT.—The Act enti- to review the data that are to be made public of not to exceed $156,000,000, in the aggregate, tled ‘‘An Act concerning tonnage duties on ves- with respect to the hospital prior to such data during the fiscal year 2007 through 2012 period sels entering otherwise than by sea’’, approved being made public. The Secretary shall report from the Digital Television Transition and Pub- March 8, 1910 (36 Stat. 234; 46 U.S.C. App. 132), quality measures of process, structure, outcome, lic Safety Fund established under section is amended by striking ‘‘9 cents per ton’’ and all patients’ perspectives on care, efficiency, and 309(j)(8)(E) of the Communications Act of 1934 that follows through ‘‘and 2 cents’’ and insert- costs of care that relate to services furnished in (47 U.S.C. 309(j)(8)(E)) to implement a unified ing ‘‘4.5 cents per ton, not to exceed in the ag- inpatient settings in hospitals on the Internet national alert system capable of alerting the gregate 22.5 cents per ton in any one year, for website of the Centers for Medicare & Medicaid public, on a national, regional, or local basis to fiscal years 2006 through 2010, and 2 cents’’. Services.’’. TITLE V—MEDICARE emergency situations by using a variety of com- (b) PLAN FOR HOSPITAL VALUE BASED PUR- munications technologies. The Assistant Sec- Subtitle A—Provisions Relating to Part A CHASING PROGRAM.— retary shall use $50,000,000 of such amounts to SEC. 5001. HOSPITAL QUALITY IMPROVEMENT. (1) IN GENERAL.—The Secretary of Health and implement a tsunami warning and coastal vul- (a) SUBMISSION OF HOSPITAL DATA.—Section Human Services shall develop a plan to imple- nerability program. 1886(b)(3)(B) of the Social Security Act (42 ment a value based purchasing program for pay- SEC. 3011. ENHANCE 911. U.S.C. 1395ww(b)(3)(B)) is amended— ments under the Medicare program for sub- The Assistant Secretary shall make payments (1) in clause (i)— section (d) hospitals beginning with fiscal year of not to exceed $43,500,000, in the aggregate, (A) in subclause (XIX), by striking ‘‘2007’’ 2009. from the Digital Television Transition and Pub- and inserting ‘‘2006’’; and (2) DETAILS.—Such a plan shall include con- lic Safety Fund established under section (B) in subclause (XX), by striking ‘‘for fiscal sideration of the following issues: 309(j)(8)(E) of the Communications Act of 1934 year 2008 and each subsequent fiscal year,’’ and (A) The on-going development, selection, and (47 U.S.C. 309(j)(8)(E)) to implement the EN- inserting ‘‘for each subsequent fiscal year, sub- modification process for measures of quality and HANCE 911 Act of 2004. ject to clause (viii),’’; efficiency in hospital inpatient settings.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 589 (B) The reporting, collection, and validation SEC. 5002. CLARIFICATION OF DETERMINATION ‘‘(K)(i) With respect to discharges occurring of quality data. OF MEDICAID PATIENT DAYS FOR on or after October 1, 2006, in the case of a (C) The structure of value based payment ad- DSH COMPUTATION. medicare-dependent, small rural hospital, for justments, including the determination of (a) IN GENERAL.—Section 1886(d)(5)(F)(vi) of purposes of applying subparagraph (D)— thresholds or improvements in quality that the Social Security Act (42 U.S.C. ‘‘(I) there shall be substituted for the base cost would substantiate a payment adjustment, the 1395ww(d)(5)(F)(vi)) is amended by adding after reporting period described in subparagraph size of such payments, and the sources of fund- and below subclause (II) the following: (D)(i) the 12-month cost reporting period begin- ing for the value based payments. ‘‘In determining under subclause (II) the num- ning during fiscal year 2002; and (D) The disclosure of information on hospital ber of the hospital’s patient days for such period ‘‘(II) any reference in such subparagraph to performance. which consist of patients who (for such days) the ‘first cost reporting period’ described in such were eligible for medical assistance under a subparagraph is deemed a reference to the first In developing such a plan, the Secretary shall cost reporting period beginning on or after Octo- consult with relevant affected parties and shall State plan approved under title XIX, the Sec- retary may, to the extent and for the period the ber 1, 2006. consider experience with such demonstrations ‘‘(ii) This subparagraph shall only apply to a that are relevant to the value based purchasing Secretary determines appropriate, include patient days of patients not so eligible but who are hospital if the substitution described in clause program under this subsection. (i)(I) results in an increase in the target amount regarded as such because they receive benefits (c) QUALITY ADJUSTMENT IN DRG PAYMENTS under subparagraph (D) for the hospital.’’. under a demonstration project approved under FOR CERTAIN HOSPITAL ACQUIRED INFECTIONS.— (c) ENHANCED PAYMENT FOR AMOUNT BY title XI.’’. (1) IN GENERAL.—Section 1886(d)(4) of the So- WHICH THE TARGET EXCEEDS THE PPS RATE.— cial Security Act (42 U.S.C. 1395ww(d)(4)) is (b) RATIFICATION AND PROSPECTIVE APPLICA- Section 1886(d)(5)(G)(ii)(II) of such Act (42 amended by adding at the end the following TION OF PREVIOUS REGULATIONS.— U.S.C. 1395ww(d)(5)(G)(iv)(II)) is amended by new subparagraph: (1) IN GENERAL.—Subject to paragraph (2), inserting ‘‘(or 75 percent in the case of dis- ‘‘(D)(i) For discharges occurring on or after regulations described in paragraph (3), insofar charges occurring on or after October 1, 2006)’’ October 1, 2008, the diagnosis-related group to as such regulations provide for the treatment of after ‘‘50 percent’’. be assigned under this paragraph for a dis- individuals eligible for medical assistance under (d) ENHANCED DISPROPORTIONATE SHARE HOS- charge described in clause (ii) shall be a diag- a demonstration project approved under title XI PITAL (DSH) TREATMENT FOR MEDICARE-DE- nosis-related group that does not result in high- of the Social Security Act under section PENDENT HOSPITALS.—Section er payment based on the presence of a sec- 1886(d)(5)(F)(vi) of such Act, are hereby ratified, 1886(d)(5)(F)(xiv)(II) of such Act (42 U.S.C. ondary diagnosis code described in clause (iv). effective as of the date of their respective pro- 1395ww(d)(5)(F)(xiv)(II)) is amended by insert- mulgations. ‘‘(ii) A discharge described in this clause is a ing ‘‘or, in the case of discharges occurring on (2) NO APPLICATION TO CLOSED COST RE- discharge which meets the following require- or after October 1, 2006, as a medicare-depend- PORTS.—Paragraph (1) shall not be applied in a ments: ent, small rural hospital under subparagraph manner that requires the reopening of any cost ‘‘(I) The discharge includes a condition iden- (G)(iv)’’ before the period at the end. reports which are closed as of the date of the tified by a diagnosis code selected under clause SEC. 5004. REDUCTION IN PAYMENTS TO SKILLED enactment of this Act. (iv) as a secondary diagnosis. NURSING FACILITIES FOR BAD DEBT. (3) REGULATIONS DESCRIBED.—For purposes of ‘‘(II) But for clause (i), the discharge would (a) IN GENERAL.—Section 1861(v)(1) of the So- paragraph (1), the regulations described in this have been classified to a diagnosis-related group cial Security Act (42 U.S.C. 1395x(v)(1)) is paragraph are as follows: that results in a higher payment based on the amended by adding at the end the following (A) 2000 REGULATION.—Regulations promul- presence of a secondary diagnosis code selected new subparagraph: gated on January 20, 2000, at 65 Federal Reg- ‘‘(V) In determining such reasonable costs for under clause (iv). ister 3136 et seq., including the policy in such skilled nursing facilities with respect to cost re- ‘‘(III) At the time of admission, no code se- regulations regarding discharges occurring prior porting periods beginning on or after October 1, lected under clause (iv) was present. to January 20, 2000. 2005, the amount of bad debts otherwise treated ‘‘(iii) As part of the information required to be (B) 2003 REGULATION.—Regulations promul- as allowed costs which are attributable to the reported by a hospital with respect to a dis- gated on August 1, 2003, at 68 Federal Register coinsurance amounts under this title for indi- charge of an individual in order for payment to 45345 et seq. viduals who are entitled to benefits under part be made under this subsection, for discharges A and— occurring on or after October 1, 2007, the infor- SEC. 5003. IMPROVEMENTS TO THE MEDICARE-DE- PENDENT HOSPITAL (MDH) PRO- ‘‘(i) are not described in section mation shall include the secondary diagnosis of GRAM. 1935(c)(6)(A)(ii) shall be reduced by 30 percent of the individual at admission. (a) 5-YEAR EXTENSION.— such amount otherwise allowable; and ‘‘(iv) By not later than October 1, 2007, the (1) EXTENSION OF PAYMENT METHODOLOGY.— ‘‘(ii) are described in such section shall not be Secretary shall select diagnosis codes associated Section 1886(d)(5)(G) of the Social Security Act reduced.’’. with at least two conditions, each of which (42 U.S.C. 1395ww(d)(5)(G)) is amended— (b) TECHNICAL AMENDMENT.—Section codes meets all of the following requirements (as (A) in clause (i), by striking ‘‘October 1, 2006’’ 1861(v)(1)(T) of such Act (42 U.S.C. determined by the Secretary): and inserting ‘‘October 1, 2011’’; and 1395x(v)(1)(T)) is amended by striking ‘‘section ‘‘(I) Cases described by such code have a high (B) in clause (ii)(II)— 1833(t)(5)(B)’’ and inserting ‘‘section cost or high volume, or both, under this title. (i) by striking ‘‘October 1, 2006’’ and inserting 1833(t)(8)(B)’’. ‘‘(II) The code results in the assignment of a ‘‘October 1, 2011’’; and SEC. 5005. EXTENDED PHASE-IN OF THE INPA- case to a diagnosis-related group that has a (ii) by inserting ‘‘or for discharges in the fis- TIENT REHABILITATION FACILITY CLASSIFICATION CRITERIA. higher payment when the code is present as a cal year’’ after ‘‘for the cost reporting period’’. (a) IN GENERAL.—Notwithstanding section secondary diagnosis. (2) CONFORMING AMENDMENTS.— 412.23(b)(2) of title 42, Code of Federal Regula- ‘‘(III) The code describes such conditions that (A) EXTENSION OF TARGET AMOUNT.—Section tions, the Secretary of Health and Human Serv- could reasonably have been prevented through 1886(b)(3)(D) of such Act (42 U.S.C. ices shall apply the applicable percent specified the application of evidence-based guidelines. 1395ww(b)(3)(D)) is amended— in subsection (b) in the classification criterion The Secretary may from time to time revise (i) in the matter preceding clause (i)— used under the IRF regulation (as defined in (through addition or deletion of codes) the diag- (I) by striking ‘‘beginning’’ and inserting ‘‘oc- subsection (c)) to determine whether a hospital nosis codes selected under this clause so long as curring’’; and or unit of a hospital is an inpatient rehabilita- there are diagnosis codes associated with at (II) by striking ‘‘October 1, 2006’’ and insert- tion facility under the Medicare program under least two conditions selected for discharges oc- ing ‘‘October 1, 2011’’; and title XVIII of the Social Security Act. curring during any fiscal year. (ii) in clause (iv), by striking ‘‘through fiscal (b) APPLICABLE PERCENT.—For purposes of ‘‘(v) In selecting and revising diagnosis codes year 2005’’ and inserting ‘‘through fiscal year subsection (a), the applicable percent specified under clause (iv), the Secretary shall consult 2011’’. in this subsection for cost reporting periods— with the Centers for Disease Control and Pre- (B) PERMITTING HOSPITALS TO DECLINE RE- (1) beginning during the 12-month period be- vention and other appropriate entities. CLASSIFICATION.—Section 13501(e)(2) of the Om- ginning on July 1, 2006, is 60 percent; ‘‘(vi) Any change resulting from the applica- nibus Budget Reconciliation Act of 1993 (42 (2) beginning during the 12-month period be- tion of this subparagraph shall not be taken U.S.C. 1395ww note) is amended by striking ginning on July 1, 2007, is 65 percent; and into account in adjusting the weighting factors ‘‘through fiscal year 2005’’ and inserting (3) beginning on or after July 1, 2008, is 75 under subparagraph (C)(i) or in applying budg- ‘‘through fiscal year 2011’’. percent. et neutrality under subparagraph (C)(iii).’’. (b) OPTION TO USE 2002 AS BASE YEAR.—Sec- (c) IRF REGULATION.—For purposes of sub- (2) NO JUDICIAL REVIEW.—Section tion 1886(b)(3) of such Act (42 U.S.C. section (a), the term ‘‘IRF regulation’’ means 1886(d)(7)(B) of such Act (42 U.S.C. 1395ww(b)(3)) is amended— the rule published in the Federal Register on 1395ww(d)(7)(B)) is amended by inserting before (1) in subparagraph (D), by inserting ‘‘subject May 7, 2004, entitled ‘‘Medicare Program; Final the period the following: ‘‘, including the selec- to subparagraph (K),’’ after ‘‘(d)(5)(G)),’’; and Rule; Changes to the Criteria for Being Classi- tion and revision of codes under paragraph (2) by adding at the end the following new fied as an Inpatient Rehabilitation Facility’’ (69 (4)(D)’’. subparagraph: Fed. Reg. 25752).

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SEC. 5006. DEVELOPMENT OF A STRATEGIC PLAN the quality and efficiency of care provided to (2) NUMBER OF PROJECTS APPROVED.—The Sec- REGARDING PHYSICIAN INVEST- Medicare beneficiaries and to develop improved retary shall approve not more than 6 demonstra- MENT IN SPECIALTY HOSPITALS. operational and financial hospital performance tion projects, at least 2 of which shall be located (a) DEVELOPMENT.— with sharing of remuneration as specified in the in a rural area. (1) IN GENERAL.—The Secretary of Health and project. Such projects shall be operational by (3) DURATION.—The qualified gainsharing Human Services (in this section referred to as not later than January 1, 2007. demonstration program under this section shall the ‘‘Secretary’’) shall develop a strategic and (b) REQUIREMENTS DESCRIBED.—A demonstra- be conducted for the period beginning on Janu- implementing plan to address issues described in tion project under this section shall meet the fol- ary 1, 2007, and ending on December 31, 2009. paragraph (2) regarding physician investment in lowing requirements for purposes of maintaining (e) REPORTS.— specialty hospitals (as defined in section or improving quality while achieving cost sav- (1) INITIAL REPORT.—By not later than De- 1877(h)(7)(A) of the Social Security Act (42 ings: cember 1, 2006, the Secretary shall submit to U.S.C. 1395nn(h)(7)(A)). (1) ARRANGEMENT FOR REMUNERATION AS Congress a report on the number of demonstra- (2) ISSUES DESCRIBED.—The issues described in SHARE OF SAVINGS.—The demonstration project tion projects that will be conducted under this this paragraph are the following: shall involve an arrangement between a hospital section. (A) Proportionality of investment return. and a physician under which the hospital pro- (2) PROJECT UPDATE.—By not later than De- (B) Bona fide investment. vides remuneration to the physician that rep- cember 1, 2007, the Secretary shall submit to (C) Annual disclosure of investment informa- resents solely a share of the savings incurred di- Congress a report on the details of such projects tion. rectly as a result of collaborative efforts between (including the project improvements towards (D) The provision by specialty hospitals of— the hospital and the physician. quality and efficiency described in subsection (i) care to patients who are eligible for medical (2) WRITTEN PLAN AGREEMENT.—The dem- (b)(2)(B)). assistance under a State plan approved under onstration project shall be conducted pursuant (3) QUALITY IMPROVEMENT AND SAVINGS.—By title XIX of the Social Security Act, including to a written agreement that— not later than December 1, 2008, the Secretary patients not so eligible but who are regarded as (A) is submitted to the Secretary prior to im- shall submit to Congress a report on quality im- such because they receive benefits under a dem- plementation of the project; and provement and savings achieved as a result of onstration project approved under title XI of (B) includes a plan outlining how the project the qualified gainsharing demonstration pro- such Act; and will achieve improvements in quality and effi- gram established under subsection (a). (ii) charity care. ciency. (4) FINAL REPORT.—By not later than May 1, (E) Appropriate enforcement. (3) PATIENT NOTIFICATION.—The demonstra- 2010, the Secretary shall submit to Congress a (b) REPORTS.— tion project shall include a notification process final report on the information described in (1) INTERIM REPORT.—Not later than 3 months to inform patients who are treated in a hospital paragraph (3). after the date of the enactment of this Act, the participating in the project of the participation (f) FUNDING.— Secretary shall submit an interim report to the of the hospital in such project. (1) IN GENERAL.—Out of any funds in the appropriate committees of jurisdiction of Con- (4) MONITORING QUALITY AND EFFICIENCY OF Treasury not otherwise appropriated, there are gress on the status of the development of the CARE.—The demonstration project shall provide appropriated to the Secretary for fiscal year plan under subsection (a). measures to ensure that the quality and effi- 2006 $6,000,000, to carry out this section. (2) FINAL REPORT.—Not later than six months ciency of care provided to patients who are (2) AVAILABILITY.—Funds appropriated under after the date of the enactment of this Act, the treated in a hospital participating in the dem- paragraph (1) shall remain available for expend- Secretary shall submit a final report to the ap- onstration project is continuously monitored to iture through fiscal year 2010. propriate committees of jurisdiction of Congress ensure that such quality and efficiency is main- (g) DEFINITIONS.—For purposes of this section: on the plan developed under subsection (a) to- tained or improved. (1) DEMONSTRATION PROJECT.—The term gether with recommendations for such legisla- (5) INDEPENDENT REVIEW.—The demonstration ‘‘demonstration project’’ means a project imple- tion and administrative actions as the Secretary project shall certify, prior to implementation, mented under the qualified gainsharing dem- considers appropriate. that the elements of the demonstration project onstration program established under subsection (c) CONTINUATION OF SUSPENSION ON ENROLL- are reviewed by an organization that is not af- (a). MENT.— filiated with the hospital or the physician par- (2) HOSPITAL.—The term ‘‘hospital’’ means a (1) IN GENERAL.—Subject to paragraph (2), the ticipating in the project. hospital that receives payment under section Secretary shall continue the suspension on en- (6) REFERRAL LIMITATIONS.—The demonstra- 1886(d) of the Social Security Act (42 U.S.C. rollment of new specialty hospitals (as so de- tion project shall not be structured in such a 1395ww(d)), and does not include a critical ac- fined) under title XVIII of the Social Security manner as to reward any physician partici- cess hospital (as defined in section 1861(mm) of Act until the earlier of— pating in the project on the basis of the volume such Act (42 U.S.C. 1395x(mm))). (A) the date that the Secretary submits the or value of referrals to the hospital by the phy- (3) MEDICARE.—The term ‘‘Medicare’’ means final report under subsection (b)(2); or sician. the programs under title XVIII of the Social Se- (B) the date that is six months after the date (c) WAIVER OF CERTAIN RESTRICTIONS.— curity Act. of the enactment of this Act. (1) IN GENERAL.—An incentive payment made (4) PHYSICIAN.—The term ‘‘physician’’ means, (2) EXTENSION OF SUSPENSION.—If the Sec- by a hospital to a physician under and in ac- with respect to a demonstration project, a physi- retary fails to submit the final report described cordance with a demonstration project shall not cian described in paragraph (1) or (3) of section in subsection (b)(2) by the date required under constitute— 1861(r) of the Social Security Act (42 U.S.C. such subsection, the Secretary shall— (A) remuneration for purposes of section 1395x(r)) who is licensed as such a physician in (A) extend the suspension on enrollment 1128B of the Social Security Act (42 U.S.C. the area in which the project is located and under paragraph (1) for an additional two 1320a–7b); meets requirements to provide services for which months; and (B) a payment intended to induce a physician benefits are provided under Medicare. Such term (B) provide a certification to the appropriate to reduce or limit services to a patient entitled to shall be deemed to include a practitioner de- committees of jurisdiction of Congress of such benefits under Medicare or a State plan ap- scribed in section 1842(e)(18)(C) of such Act (42 failure. proved under title XIX of such Act in violation U.S.C. 1395u(e)(18)(C)). (d) WAIVER.—In developing the plan and re- of section 1128A of such Act (42 U.S.C. 1320a– (5) SECRETARY.—The term ‘‘Secretary’’ means port required under this section, the Secretary 7a); or the Secretary of Health and Human Services. may waive such requirements of section 553 of (C) a financial relationship for purposes of SEC. 5008. POST-ACUTE CARE PAYMENT REFORM title 5, United States Code, as the Secretary de- section 1877 of such Act (42 U.S.C. 1395nn). DEMONSTRATION PROGRAM. termines necessary. (2) PROTECTION FOR EXISTING ARRANGE- (a) ESTABLISHMENT.— (e) FUNDING.—Out of any funds in the Treas- MENTS.—In no case shall the failure to comply (1) IN GENERAL.—By not later than January 1, ury not otherwise appropriated, there are ap- with the requirements described in paragraph 2008, the Secretary of Health and Human Serv- propriated to the Secretary for fiscal year 2006, (1) affect a finding made by the Inspector Gen- ices (in this section referred to as the ‘‘Sec- $2,000,000 to carry out this section. eral of the Department of Health and Human retary’’) shall establish a demonstration pro- SEC. 5007. MEDICARE DEMONSTRATION Services prior to the date of the enactment of gram for purposes of understanding costs and PROJECTS TO PERMIT GAINSHARING this Act that an arrangement between a hospital outcomes across different post-acute care sites. ARRANGEMENTS. and a physician does not violate paragraph (1) Under such program, with respect to diagnoses (a) ESTABLISHMENT.—The Secretary shall es- or (2) of section 1128A(a) of the Social Security specified by the Secretary, an individual who tablish under this section a qualified Act (42 U.S.C. 1320a–7(a)). receives treatment from a provider for such a di- gainsharing demonstration program under (d) PROGRAM ADMINISTRATION.— agnosis shall receive a single comprehensive as- which the Secretary shall approve demonstra- (1) SOLICITATION OF APPLICATIONS.—By not sessment on the date of discharge from a sub- tion projects by not later than November 1, 2006, later than 90 days after the date of the enact- section (d) hospital (as defined in section to test and evaluate methodologies and arrangement of this Act, the Secretary shall solicit ap- 1886(d)(1)(B) of the Social Security Act (42 ments between hospitals and physicians de- plications for approval of a demonstration U.S.C. 1395ww(d)(1)(B))) of the needs of the pa- signed to govern the utilization of inpatient hos- project, in such form and manner, and at such tient and the clinical characteristics of the diag- pital resources and physician work to improve time specified by the Secretary. nosis to determine the appropriate placement of

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 591 such patient in a post-acute care site. The Sec- mines such payments are reasonable and nec- ister on November 21, 2005 (42 CFR 405, et al.) retary shall use a standardized patient assess- essary, be made (for parts and labor not covered insofar as it relates to the physician fee sched- ment instrument across all post-acute care sites by the supplier’s or manufacturer’s warranty, ules for 2006 and 2007.’’. to measure functional status and other factors as determined by the Secretary to be appropriate (b) REDUCTION IN PHYSICIAN FEE SCHEDULE TO during the treatment and at discharge from for the particular type of durable medical equip- OPD PAYMENT AMOUNT FOR IMAGING SERV- each provider. Participants in the program shall ment), and such payments shall be in an ICES.—Section 1848 of such Act (42 U.S.C. provide information on the fixed and variable amount determined to be appropriate by the Sec- 1395w–4) is amended— costs for each individual. An additional com- retary.’’. (1) in subsection (b), by adding at the end the prehensive assessment shall be provided at the (2) EFFECTIVE DATE.—The amendment made following new paragraph: end of the episode of care. by paragraph (1) shall apply to items furnished ‘‘(4) SPECIAL RULE FOR IMAGING SERVICES.— (2) NUMBER OF SITES.—The Secretary shall for which the first rental month occurs on or ‘‘(A) IN GENERAL.—In the case of imaging conduct the demonstration program under this after January 1, 2006. services described in subparagraph (B) fur- section with sufficient numbers to determine sta- (b) OXYGEN EQUIPMENT.— nished on or after January 1, 2007, if— tistically reliable results. (1) IN GENERAL.—Section 1834(a)(5) of such ‘‘(i) the technical component (including the (3) DURATION.—The Secretary shall conduct Act (42 U.S.C. 1395m(a)(5)) is amended— technical component portion of a global fee) of the demonstration program under this section (A) in subparagraph (A), by striking ‘‘and the service established for a year under the fee for a 3-year period. (E)’’ and inserting ‘‘(E), and (F)’’; and schedule described in paragraph (1) without ap- (b) WAIVER AUTHORITY.—The Secretary may (B) by adding at the end the following new plication of the geographic adjustment factor waive such requirements of titles XI and XVIII subparagraph: described in paragraph (1)(C), exceeds of the Social Security Act (42 U.S.C. 1301 et seq.; ‘‘(F) OWNERSHIP OF EQUIPMENT.— ‘‘(ii) the Medicare OPD fee schedule amount 42 U.S.C. 1395 et seq.) as may be necessary for ‘‘(i) IN GENERAL.—Payment for oxygen equip- established under the prospective payment sys- the purpose of carrying out the demonstration ment (including portable oxygen equipment) tem for hospital outpatient department services program under this section. under this paragraph may not extend over a pe- under paragraph (3)(D) of section 1833(t) for (c) REPORT.—Not later than 6 months after riod of continuous use (as determined by the such service for such year, determined without the completion of the demonstration program Secretary) of longer than 36 months. regard to geographic adjustment under para- under this section, the Secretary shall submit to ‘‘(ii) OWNERSHIP.— graph (2)(D) of such section, Congress a report on such program, that in- ‘‘(I) TRANSFER OF TITLE.—On the first day the Secretary shall substitute the amount de- cludes the results of the program and rec- that begins after the 36th continuous month scribed in clause (ii), adjusted by the geographic ommendations for such legislation and adminis- during which payment is made for the equip- adjustment factor described in paragraph (1)(C), trative action as the Secretary determines to be ment under this paragraph, the supplier of the for the fee schedule amount for such technical appropriate. equipment shall transfer title to the equipment component for such year. (d) FUNDING.—The Secretary shall provide for to the individual. ‘‘(B) IMAGING SERVICES DESCRIBED.—For pur- the transfer from the Federal Hospital Insur- ‘‘(II) PAYMENTS FOR OXYGEN AND MAINTE- poses of subparagraph (A), imaging services de- ance Trust Fund established under section 1817 NANCE AND SERVICING.—After the supplier trans- scribed in this subparagraph are imaging and of the Social Security Act (42 U.S.C. 1395i), fers title to the equipment under subclause (I)— computer-assisted imaging services, including X- $6,000,000 for the costs of carrying out the dem- ‘‘(aa) payments for oxygen shall continue to ray, ultrasound (including echocardiography), onstration program under this section. be made in the amount recognized for oxygen nuclear medicine (including positron emission Subtitle B—Provisions Relating to Part B under paragraph (9) for the period of medical tomography), magnetic resonance imaging, com- CHAPTER 1—PAYMENT PROVISIONS need; and puted tomography, and fluoroscopy, but exclud- ‘‘(bb) maintenance and servicing payments ing diagnostic and screening mammography.’’; SEC. 5101. BENEFICIARY OWNERSHIP OF CERTAIN shall, if the Secretary determines such payments DURABLE MEDICAL EQUIPMENT and (DME). are reasonable and necessary, be made (for (2) in subsection (c)(2)(B)(v), as added by sub- (a) DME.— parts and labor not covered by the supplier’s or section (a)(3), by adding at the end the fol- (1) IN GENERAL.—Section 1834(a)(7)(A) of the manufacturer’s warranty, as determined by the lowing new subclause: Social Security Act (42 U.S.C. 1395m(a)(7)(A)) is Secretary to be appropriate for the equipment), ‘‘(II) OPD PAYMENT CAP FOR IMAGING SERV- amended to read as follows: and such payments shall be in an amount deter- ICES.—Effective for fee schedules established be- ‘‘(A) PAYMENT.—In the case of an item of du- mined to be appropriate by the Secretary.’’. ginning with 2007, reduced expenditures attrib- rable medical equipment not described in para- (2) EFFECTIVE DATE.— utable to subsection (b)(4).’’. graphs (2) through (6), the following rules shall (A) IN GENERAL.—The amendments made by SEC. 5103. LIMITATION ON PAYMENTS FOR PRO- apply: paragraph (1) shall take effect on January 1, CEDURES IN AMBULATORY SUR- ‘‘(i) RENTAL.— 2006. GICAL CENTERS. ‘‘(I) IN GENERAL.—Except as provided in (B) APPLICATION TO CERTAIN INDIVIDUALS.—In Section 1833(i)(2) of the Social Security Act (42 clause (iii), payment for the item shall be made the case of an individual receiving oxygen U.S.C. 1395l(i)(2)) is amended— on a monthly basis for the rental of the item equipment on December 31, 2005, for which pay- (1) in subparagraph (A), by inserting ‘‘subject during the period of medical need (but payments ment is made under section 1834(a) of the Social to subparagraph (E),’’ after ‘‘subparagraph under this clause may not extend over a period Security Act (42 U.S.C. 1395m(a)), the 36-month (D),’’; of continuous use (as determined by the Sec- period described in paragraph (5)(F)(i) of such (2) in subparagraph (D)(ii), by inserting be- retary) of longer than 36 months). section, as added by paragraph (1), shall begin fore the period at the end the following: ‘‘and ‘‘(II) PAYMENT AMOUNT.—Subject to subpara- on January 1, 2006. taking into account reduced expenditures that graph (B), the amount recognized for the item, SEC. 5102. ADJUSTMENTS IN PAYMENT FOR IMAG- would apply if subparagraph (E) were to con- for each of the first 3 months of such period, is ING SERVICES. tinue to apply, as estimated by the Secretary’’; 10 percent of the purchase price recognized (a) MULTIPLE PROCEDURE PAYMENT REDUC- and under paragraph (8) with respect to the item, TION FOR IMAGING EXEMPTED FROM BUDGET (3) by adding at the end the following new and, for each of the remaining months of such NEUTRALITY.—Section 1848(c)(2)(B) of the Social subparagraph: period, is 7.5 percent of such purchase price. Security Act (42 U.S.C. 1395w–4(c)(2)(B)) is ‘‘(E) With respect to surgical procedures fur- ‘‘(ii) OWNERSHIP AFTER RENTAL.—On the first amended— nished on or after January 1, 2007, and before day that begins after the 36th continuous month (1) in clause (ii)(II), by striking ‘‘clause (iv)’’ the effective date of the implementation of a re- during which payment is made for the rental of and inserting ‘‘clauses (iv) and (v)’’; vised payment system under subparagraph (D), an item under clause (i), the supplier of the item (2) in clause (iv) in the heading, by inserting if— shall transfer title to the item to the individual. ‘‘OF CERTAIN ADDITIONAL EXPENDITURES’’ after ‘‘(i) the standard overhead amount under sub- ‘‘(iii) PURCHASE AGREEMENT OPTION FOR ‘‘EXEMPTION’’; and paragraph (A) for a facility service for such pro- POWER-DRIVEN WHEELCHAIRS.—In the case of a (3) by adding at the end the following new cedure, without the application of any geo- power-driven wheelchair, at the time the sup- clause: graphic adjustment, exceeds plier furnishes the item, the supplier shall offer ‘‘(v) EXEMPTION OF CERTAIN REDUCED EXPEND- ‘‘(ii) the Medicare OPD fee schedule amount the individual the option to purchase the item, ITURES FROM BUDGET-NEUTRALITY CALCULA- established under the prospective payment sys- and payment for such item shall be made on a TION.—The following reduced expenditures, as tem for hospital outpatient department services lump-sum basis if the individual exercises such estimated by the Secretary, shall not be taken under paragraph (3)(D) of section 1833(t) for option. into account in applying clause (ii)(II): such service for such year, determined without ‘‘(iv) MAINTENANCE AND SERVICING.—After the ‘‘(I) REDUCED PAYMENT FOR MULTIPLE IMAG- regard to geographic adjustment under para- supplier transfers title to the item under clause ING PROCEDURES.—Effective for fee schedules es- graph (2)(D) of such section, (ii) or in the case of a power-driven wheelchair tablished beginning with 2007, reduced expendi- the Secretary shall substitute under subpara- for which a purchase agreement has been en- tures attributable to the multiple procedure pay- graph (A) the amount described in clause (ii) for tered into under clause (iii), maintenance and ment reduction for imaging under the final rule the standard overhead amount for such service servicing payments shall, if the Secretary deter- published by the Secretary in the Federal Reg- referred to in clause (i).’’.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 592 CONGRESSIONAL RECORD—HOUSE February 1, 2006 SEC. 5104. UPDATE FOR PHYSICIANS’ SERVICES the amount of payment under this subsection CHAPTER 2—MISCELLANEOUS FOR 2006. shall be increased by the applicable percentage SEC. 5111. ACCELERATED IMPLEMENTATION OF (a) UPDATE FOR 2006.—Section 1848(d) of the of the amount of such difference. For purposes INCOME-RELATED REDUCTION IN Social Security Act (42 U.S.C. 1395w–4(d)) is of the previous sentence, with respect to covered PART B PREMIUM SUBSIDY. amended— OPD services furnished during 2006, 2007, or Section 1839(i)(3)(B) of the Social Security Act (1) in paragraph (4)(B), in the matter pre- 2008, the applicable percentage shall be 95 per- (42 U.S.C. 1395r(i)(3)(B)) is amended— ceding clause (i), by striking ‘‘paragraph (5)’’ cent, 90 percent, and 85 percent, respectively.’’. (1) in the heading, by striking ‘‘5-YEAR’’ and and inserting ‘‘paragraphs (5) and (6)’’; and SEC. 5106. UPDATE TO THE COMPOSITE RATE inserting ‘‘3-YEAR’’; (2) by adding at the end the following new COMPONENT OF THE BASIC CASE- (2) in the matter preceding clause (i), by strik- paragraph: MIX ADJUSTED PROSPECTIVE PAY- ing ‘‘2011’’ and inserting ‘‘2009’’; ‘‘(6) UPDATE FOR 2006.—The update to the sin- MENT SYSTEM FOR DIALYSIS SERV- (3) in clause (i), by striking ‘‘20 percent’’ and gle conversion factor established in paragraph ICES. inserting ‘‘33 percent’’; (1)(C) for 2006 shall be 0 percent.’’. Section 1881(b)(12) of the Social Security Act (4) in clause (ii), by striking ‘‘40 percent’’ and (b) NOT TREATED AS CHANGE IN LAW AND REG- (42 U.S.C. 1395rr(b)(12)) is amended— inserting ‘‘67 percent’’; and ULATION IN SUSTAINABLE GROWTH RATE DETER- (1) in subparagraph (F), in the flush matter at (5) by striking clauses (iii) and (iv). MINATION.—The amendments made by sub- the end, by striking ‘‘Nothing’’ and inserting SEC. 5112. MEDICARE COVERAGE OF section (a) shall not be treated as a change in ‘‘Except as provided in subparagraph (G), noth- ULTRASOUND SCREENING FOR AB- law for purposes of applying section ing’’; DOMINAL AORTIC ANEURYSMS. 1848(f)(2)(D) of the Social Security Act (42 (2) by redesignating subparagraph (G) as sub- (a) IN GENERAL.—Section 1861 of the Social U.S.C. 1395w–4(f)(2)(D)). paragraph (H); and Security Act (42 U.S.C. 1395x) is amended— (c) MEDPAC REPORT.— (3) by inserting after subparagraph (F) the (1) in subsection (s)(2)— (1) IN GENERAL.—By not later than March 1, (A) by striking ‘‘and’’ at the end of subpara- 2007, the Medicare Payment Advisory Commis- following new subparagraph: ‘‘(G) The Secretary shall increase the amount graph (Y); sion shall submit a report to Congress on mecha- (B) by adding ‘‘and’’ at the end of subpara- of the composite rate component of the basic nisms that could be used to replace the sustain- graph (Z) and moving such subparagraph 2 ems case-mix adjusted system under subparagraph able growth rate system under section 1848(f) of to the left; and (B) for dialysis services furnished on or after the Social Security Act (42 U.S.C. 1395w–4(f)). (C) by adding at the end the following new January 1, 2006, by 1.6 percent above the (2) REQUIREMENTS.—The report required subparagraph: amount of such composite rate component for under paragraph (1) shall— ‘‘(AA) ultrasound screening for abdominal such services furnished on December 31, 2005.’’. (A) identify and examine alternative methods aortic aneurysm (as defined in subsection (bbb)) for assessing volume growth; SEC. 5107. REVISIONS TO PAYMENTS FOR THER- for an individual— (B) review options to control the volume of APY SERVICES. ‘‘(i) who receives a referral for such an physicians’ services under the Medicare pro- (a) EXCEPTION TO CAPS FOR 2006.— ultrasound screening as a result of an initial gram while maintaining access to such services (1) IN GENERAL.—Section 1833(g) of the Social preventive physical examination (as defined in by Medicare beneficiaries; Security Act (42 U.S.C. 1395l(g)) is amended— section 1861(ww)(1)); (C) examine the application of volume controls (A) in each of paragraphs (1) and (3), by ‘‘(ii) who has not been previously furnished under the Medicare physician fee schedule striking ‘‘paragraph (4)’’ and inserting ‘‘para- such an ultrasound screening under this title; under section 1848 of the Social Security Act (42 graphs (4) and (5)’’; and and U.S.C. 1395w–4); (B) by adding at the end the following new ‘‘(iii) who— (D) identify levels of application of volume paragraph: ‘‘(I) has a family history of abdominal aortic controls, such as group practice, hospital med- ‘‘(5) With respect to expenses incurred during aneurysm; or ical staff, type of service, geographic area, and 2006 for services, the Secretary shall implement ‘‘(II) manifests risk factors included in a bene- outliers; a process under which an individual enrolled ficiary category recommended for screening by (E) examine the administrative feasibility of under this part may, upon request of the indi- the United States Preventive Services Task implementing the options reviewed under sub- vidual or a person on behalf of the individual, Force regarding abdominal aortic aneurysms;’’; paragraph (B), including the availability of obtain an exception from the uniform dollar lim- and data and time lags; itation specified in paragraph (2), for services (2) by adding at the end the following new (F) examine the extent to which the alter- described in paragraphs (1) and (3) if the provi- subsection: native methods identified and examined under sion of such services is determined to be medi- ‘‘Ultrasound Screening for Abdominal Aortic subparagraph (A) should be specified in such cally necessary. Under such process, if the Sec- Aneurysm section 1848; and retary does not make a decision on such a re- (G) identify the appropriate level of discretion ‘‘(bbb) The term ‘ultrasound screening for ab- quest for an exception within 10 business days for the Secretary of Health and Human Services dominal aortic aneurysm’ means— of the date of the Secretary’s receipt of the re- to change payment rates under the Medicare ‘‘(1) a procedure using sound waves (or such quest, the Secretary shall be deemed to have physician fee schedule or otherwise take steps other procedures using alternative technologies, found the services to be medically necessary.’’. that affect physician behavior. of commensurate accuracy and cost, that the (2) TIMELY IMPLEMENTATION.—The Secretary Secretary may specify) provided for the early Such report shall include such recommendations of Health and Human Services shall waive such on alternative mechanisms to replace the sus- detection of abdominal aortic aneurysm; and provisions of law and regulation (including ‘‘(2) includes a physician’s interpretation of tainable growth rate system as the Medicare those described in section 110(c) of Pub. L. 108– Payment Advisory Commission determines ap- the results of the procedure.’’. 173) as are necessary to implement the amend- NCLUSION OF ULTRASOUND SCREENING FOR propriate. (b) I ments made by paragraph (1) on a timely basis ABDOMINAL AORTIC ANEURYSM IN INITIAL PRE- (3) FUNDING.—Out of any funds in the Treas- and, notwithstanding any other provision of VENTIVE PHYSICAL EXAMINATION.—Section ury not otherwise appropriated, there are ap- law, may implement such amendments by pro- propriated to the Medicare Payment Advisory 1861(ww)(2) of such Act (42 U.S.C. 1395x(ww)(2)) gram instruction or otherwise. There shall be no is amended by adding at the end the following Commission $550,000, to carry out this sub- administrative or judicial review under section section. new subparagraph: 1869 or section 1878 of the Social Security Act (42 ‘‘(L) Ultrasound screening for abdominal aor- SEC. 5105. THREE-YEAR TRANSITION OF HOLD U.S.C. 1395ff and 1395oo), or otherwise of the tic aneurysm as defined in section 1861(bbb).’’. HARMLESS PAYMENTS FOR SMALL process (including the establishment of the proc- RURAL HOSPITALS UNDER THE PRO- (c) PAYMENT FOR ULTRASOUND SCREENING FOR SPECTIVE PAYMENT SYSTEM FOR ess) under section 1833(g)(5) of such Act, as ABDOMINAL AORTIC ANEURYSM.—Section HOSPITAL OUTPATIENT DEPART- added by paragraph (1). 1848(j)(3) of such Act (42 U.S.C. 1395w–4(j)(3)) is MENT SERVICES. (b) IMPLEMENTATION OF CLINICALLY APPRO- amended by inserting ‘‘(2)(AA),’’ after Section 1833(t)(7)(D)(i) of the Social Security PRIATE CODE EDITS IN ORDER TO IDENTIFY AND ‘‘(2)(W),’’. Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended— ELIMINATE IMPROPER PAYMENTS FOR THERAPY (d) FREQUENCY.—Section 1862(a)(1) of such (1) by inserting ‘‘(I)’’ before ‘‘In the case’’; SERVICES.—By not later than July 1, 2006, the Act (42 U.S.C. 1395y(a)(1)) is amended— and Secretary of Health and Human Services shall (1) by striking ‘‘and’’ at the end of subpara- (2) by adding at the end the following new implement clinically appropriate code edits with graph (L); subclause: respect to payments under part B of title XVIII (2) by striking the semicolon at the end of sub- ‘‘(II) In the case of a hospital located in a of the Social Security Act for physical therapy paragraph (M) and inserting ‘‘, and’’; and rural area and that has not more than 100 beds services, occupational therapy services, and (3) by adding at the end the following new and that is not a sole community hospital (as speech-language pathology services in order to subparagraph: defined in section 1886(d)(5)(D)(iii)), for covered identify and eliminate improper payments for ‘‘(N) in the case of ultrasound screening for OPD services furnished on or after January 1, such services, including edits of clinically illogi- abdominal aortic aneurysm which is performed 2006, and before January 1, 2009, for which the cal combinations of procedure codes and other more frequently than is provided for under sec- PPS amount is less than the pre-BBA amount, edits to control inappropriate billings. tion 1861(s)(2)(AA);’’.

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(e) NON-APPLICATION OF PART B DEDUCT- ‘‘(k)(1) In the case of an individual who— be reduced by 2 percentage points. Such reduc- IBLE.—Section 1833(b) of such Act (42 U.S.C. ‘‘(A) at the time the individual first satisfies tion shall apply only with respect to the year 1395l(b)) is amended in the first sentence— paragraph (1) or (2) of section 1836, is described involved, and the Secretary shall not take into (1) by striking ‘‘and’’ before ‘‘(6)’’; and in paragraph (3), and has elected not to enroll account such reduction in computing the pro- (2) by inserting ‘‘, and (7) such deductible (or to be deemed enrolled) under this section spective payment amount under this section for shall not apply with respect to ultrasound during the individual’s initial enrollment pe- a subsequent year, and the Medicare Payment screening for abdominal aortic aneurysm (as de- riod; or Advisory Commission shall carry out the refined in section 1861(bbb))’’ before the period at ‘‘(B) has terminated enrollment under this quirements under section 5201(d) of the Deficit the end. section during a month in which the individual Reduction Act of 2005. (f) EFFECTIVE DATE.—The amendments made is described in paragraph (3), ‘‘(II) SUBMISSION OF QUALITY DATA.—For 2007 by this section shall apply to services furnished there shall be a special enrollment period de- and each subsequent year, each home health on or after January 1, 2007. scribed in paragraph (2). agency shall submit to the Secretary such data SEC. 5113. IMPROVING PATIENT ACCESS TO, AND ‘‘(2) The special enrollment period described in that the Secretary determines are appropriate UTILIZATION OF, COLORECTAL CAN- this paragraph is the 6-month period beginning for the measurement of health care quality. CER SCREENING. on the first day of the month which includes the Such data shall be submitted in a form and (a) NON-APPLICATION OF DEDUCTIBLE FOR date that the individual is no longer described manner, and at a time, specified by the Sec- COLORECTAL CANCER SCREENING TESTS.—Section in paragraph (3). retary for purposes of this clause. 1833(b) of the Social Security Act (42 U.S.C. ‘‘(3) For purposes of paragraph (1), an indi- ‘‘(III) PUBLIC AVAILABILITY OF DATA SUB- 1395l(b)), as amended by section 5112(e), is vidual described in this paragraph is an indi- MITTED.—The Secretary shall establish proce- amended in the first sentence— vidual who— dures for making data submitted under sub- (1) by striking ‘‘and’’ before ‘‘(7)’’; and ‘‘(A) is serving as a volunteer outside of the clause (II) available to the public. Such proce- (2) by inserting ‘‘, and (8) such deductible United States through a program— dures shall ensure that a home health agency shall not apply with respect to colorectal cancer ‘‘(i) that covers at least a 12-month period; has the opportunity to review the data that is to screening tests (as described in section and be made public with respect to the agency prior 1861(pp)(1))’’ before the period at the end. ‘‘(ii) that is sponsored by an organization de- to such data being made public.’’. (d) MEDPAC REPORT ON VALUE BASED PUR- (b) CONFORMING AMENDMENTS.—Paragraphs scribed in section 501(c)(3) of the Internal Rev- CHASING.— (2)(C)(ii) and (3)(C)(ii) of section 1834(d) of such enue Code of 1986 and exempt from taxation (1) IN GENERAL.—Not later than June 1, 2007, under section 501(a) of such Code; and Act (42 U.S.C. 1395m(d)) are each amended— the Medicare Payment Advisory Commission ‘‘(B) demonstrates health insurance coverage (1) by striking ‘‘DEDUCTIBLE AND’’ in the shall submit to Congress a report that includes while serving in the program.’’. heading; and recommendations on a detailed structure of (B) COVERAGE PERIOD.—Section 1838 of such (2) in subclause (I), by striking ‘‘deductible value based payment adjustments for home Act (42 U.S.C. 1395q) is amended by adding at or’’ each place it appears. health services under the Medicare program the end the following new subsection: (c) EFFECTIVE DATE.—The amendments made under title XVIII of the Social Security Act. ‘‘(f) Notwithstanding subsection (a), in the by this section shall apply to services furnished Such report shall include recommendations con- case of an individual who enrolls during a spe- on or after January 1, 2007. cerning the determination of thresholds, the size cial enrollment period pursuant to section SEC. 5114. DELIVERY OF SERVICES AT FEDERALLY of such payments, sources of funds, and the re- 1837(k), the coverage period shall begin on the QUALIFIED HEALTH CENTERS. lationship of payments for improvement and at- first day of the month following the month in (a) COVERAGE.— tainment of quality. (1) IN GENERAL.—Section 1861(aa)(3) of the So- which the individual so enrolls.’’. (2) FUNDING.—Out of any funds in the Treas- cial Security Act (42 U.S.C. 1395x(aa)(3)) is (b) EFFECTIVE DATE.—The amendment made ury not otherwise appropriated, there are ap- amended— by subsection (a)(1) shall apply to months begin- propriated to the Medicare Payment Advisory (A) in subparagraph (A), by striking ‘‘, and’’ ning with January 2007 and the amendments Commission $550,000, to carry out this sub- and inserting ‘‘and services described in sub- made by subsection (a)(2) shall take effect on section. sections (qq) and (vv); and’’; January 1, 2007. SEC. 5202. REVISION OF PERIOD FOR PROVIDING (B) in subparagraph (B), by striking ‘‘sections Subtitle C—Provisions Relating to Parts A PAYMENT FOR CLAIMS THAT ARE 329, 330, and 340’’ and inserting ‘‘section 330’’; and B NOT SUBMITTED ELECTRONICALLY. EVISION and SEC. 5201. HOME HEALTH PAYMENTS. (a) R .— (1) PART A.—Section 1816(c)(3)(B)(ii) of the (C) in the flush matter at the end, by inserting (a) 2006 UPDATE.—Section 1895(b)(3)(B)(ii) of ‘‘by the center or by a health care professional Social Security Act (42 U.S.C. 1395h(c)(3)(B)(ii)) the Social Security Act (42 U.S.C. is amended by striking ‘‘26 days’’ and inserting under contract with the center’’ after ‘‘out- 1395fff(b)(3)(B)(ii)) is amended— patient of a Federally qualified health center’’. ‘‘28 days’’. (1) in subclause (III), by striking ‘‘each of (2) PART B.—Section 1842(c)(3)(B)(ii) of such (2) CONSOLIDATED BILLING.—The first sen- 2005 and 2006’’ and inserting ‘‘all of 2005’’; Act (42 U.S.C. 1395u(c)(3)(B)(ii)) is amended by tence of section 1842(b)(6)(F) of such Act (42 (2) by striking ‘‘or’’ at the end of subclause striking ‘‘26 days’’ and inserting ‘‘28 days’’. U.S.C. 1395u(b)(6)(F)) is amended— (III); (b) EFFECTIVE DATE.—The amendments made (A) by striking ‘‘and (G)’’ and inserting (3) in subclause (IV), by striking ‘‘2007 and’’ by this section shall apply to claims submitted ‘‘(G)’’; and and by redesignating such subclause as sub- on or after January 1, 2006. (B) by inserting before the period at the end clause (V); and SEC. 5203. TIMEFRAME FOR PART A AND B PAY- the following: ‘‘, and (H) in the case of services (4) by inserting after subclause (III) the fol- MENTS. described in section 1861(aa)(3) that are fur- lowing new subclause: Notwithstanding sections 1816(c) and nished by a health care professional under con- ‘‘(IV) 2006, 0 percent; and’’. 1842(c)(2) of the Social Security Act or any other tract with a Federally qualified health center, (b) APPLYING RURAL ADD-ON POLICY FOR provision of law— payment shall be made to the center’’. 2006.—Section 421(a) of Medicare Prescription (1) any payment from the Federal Hospital In- (b) TECHNICAL CORRECTIONS.—Clauses (i) and Drug, Improvement, and Modernization Act of surance Trust Fund under section 1817 of the (ii)(II) of section 1861(aa)(4)(A) of such Act (42 2003 (Pub. L. 108–173; 117 Stat. 2283) is amended Social Security Act (42 U.S.C. 1395i) or from the U.S.C. 1395x(aa)(4)(A)) are each amended by by inserting ‘‘and episodes and visits beginning Federal Supplementary Medical Insurance striking ‘‘(other than subsection (h))’’. on or after January 1, 2006, and before January Trust Fund under section 1841 of such Act (42 (c) EFFECTIVE DATES.—The amendments made 1, 2007,’’ after ‘‘April 1, 2005,’’. U.S.C. 1395t) for claims submitted under part A by this section shall apply to services furnished (c) HOME HEALTH CARE QUALITY IMPROVE- or B of title XVIII of such Act for items and on or after January 1, 2006. MENT.—Section 1895(b)(3)(B) of the Social Secu- services furnished under such part A or B, re- SEC. 5115. WAIVER OF PART B LATE ENROLLMENT rity Act (42 U.S.C. 1395fff(b)(3)(B)) is amended— spectively, that would otherwise be payable dur- PENALTY FOR CERTAIN INTER- (1) in clause (ii)(V), as redesignated by sub- ing the period beginning on September 22, 2006, NATIONAL VOLUNTEERS. section (a)(3), by inserting ‘‘subject to clause and ending on September 30, 2006, shall be paid (a) IN GENERAL.— (v),’’ after ‘‘subsequent year,’’; and on the first business day of October 2006; and (1) WAIVER OF PENALTY.—Section 1839(b) of (2) by adding at the end the following new (2) no interest or late penalty shall be paid to the Social Security Act (42 U.S.C. 1395r(b)) is clause: an entity or individual for any delay in a pay- amended in the second sentence by inserting the ‘‘(v) ADJUSTMENT IF QUALITY DATA NOT SUB- ment by reason of the application of paragraph following before the period at the end: ‘‘or MITTED.— (1). months for which the individual can dem- ‘‘(I) ADJUSTMENT.—For purposes of clause SEC. 5204. MEDICARE INTEGRITY PROGRAM onstrate that the individual was an individual (ii)(V), for 2007 and each subsequent year, in FUNDING. described in section 1837(k)(3)’’. the case of a home health agency that does not Section 1817(k)(4) of the Social Security Act (2) SPECIAL ENROLLMENT PERIOD.— submit data to the Secretary in accordance with (42 U.S.C. 1395i(k)(4)) is amended— (A) IN GENERAL.—Section 1837 of such Act (42 subclause (II) with respect to such a year, the (1) in subparagraph (B), by striking ‘‘The U.S.C. 1395p) is amended by adding at the end home health market basket percentage increase amount’’ and inserting ‘‘Subject to subpara- the following new subsection: applicable under such clause for such year shall graph (C), the amount’’; and

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(2) by adding at the end the following new ‘‘(B) PERCENT DETERMINED.— thority of the Secretary to make adjustments to subparagraph: ‘‘(i) IN GENERAL.—For purposes of subpara- the applicable amounts determined under para- ‘‘(C) ADJUSTMENTS.—The amount appro- graph (A)(i), subject to clause (iv), the percent graph (1) as appropriate for purposes of updat- priated under subparagraph (A) for a fiscal year determined under this subparagraph for a year ing data or for purposes of adopting an im- is increased as follows: is a percent equal to a fraction the numerator of proved risk adjustment methodology.’’. ‘‘(i) For fiscal year 2006, $100,000,000.’’. which is described in clause (ii) and the denomi- (b) REFINEMENTS TO HEALTH STATUS ADJUST- Subtitle D—Provisions Relating to Part C nator of which is described in clause (iii). MENT.—Section 1853(a)(1)(C) of such Act (42 ‘‘(ii) NUMERATOR BASED ON DIFFERENCE BE- U.S.C. 1395w–23) is amended— SEC. 5301. PHASE-OUT OF RISK ADJUSTMENT BUDGET NEUTRALITY IN DETER- TWEEN DEMOGRAPHIC RATE AND RISK RATE.— (1) by designating the matter after the head- MINING THE AMOUNT OF PAYMENTS ‘‘(I) IN GENERAL.—The numerator described in ing as a clause (i) with the following heading: TO MEDICARE ADVANTAGE ORGANI- this clause is an amount equal to the amount by ‘‘IN GENERAL.—’’ and indenting appropriately; ZATIONS. which the demographic rate described in sub- and (a) IN GENERAL.—Section 1853 of the Social clause (II) exceeds the risk rate described in sub- (2) by adding at the end the following: Security Act (42 U.S.C. 1395w–23) is amended— clause (III). ‘‘(ii) APPLICATION DURING PHASE-OUT OF (1) in subsection (j)(1)— ‘‘(II) DEMOGRAPHIC RATE.—The demographic BUDGET NEUTRALITY FACTOR.—For 2006 through (A) in subparagraph (A)— rate described in this subclause is the Sec- 2010: (i) by inserting ‘‘(or, beginning with 2007, 1⁄12 retary’s estimate of the total payments that ‘‘(I) In applying the adjustment under clause of the applicable amount determined under sub- would have been made under this part in the (i) for health status to payment amounts, the section (k)(1))’’ after ‘‘1853(c)(1)’’; and year if all the monthly payment amounts for all Secretary shall ensure that such adjustment re- (ii) by inserting ‘‘(for years before 2007)’’ after MA plans were equal to 1⁄12 of the annual MA flects changes in treatment and coding practices ‘‘adjusted as appropriate’’; capitation rate under subsection (c)(1) for the in the fee-for-service sector and reflects dif- (B) in subparagraph (B), by inserting ‘‘(for area and year, adjusted pursuant to subsection ferences in coding patterns between Medicare years before 2007)’’ after ‘‘adjusted as appro- (a)(1)(C). Advantage plans and providers under part A priate’’; and ‘‘(III) RISK RATE.—The risk rate described in and B to the extent that the Secretary has iden- (2) by adding at the end the following new this subclause is the Secretary’s estimate of the tified such differences. subsection: total payments that would have been made ‘‘(II) In order to ensure payment accuracy, ‘‘(k) DETERMINATION OF APPLICABLE AMOUNT under this part in the year if all the monthly the Secretary shall conduct an analysis of the FOR PURPOSES OF CALCULATING THE BENCHMARK payment amounts for all MA plans were equal differences described in subclause (I). The Sec- AMOUNTS.— to the amount described in subsection (j)(1)(A) retary shall complete such analysis by a date ‘‘(1) APPLICABLE AMOUNT DEFINED.—For pur- (determined as if this paragraph had not ap- necessary to ensure that the results of such poses of subsection (j), subject to paragraph (2), plied) under subsection (j) for the area and analysis are incorporated into the risk scores the term ‘applicable amount’ means for an year, adjusted pursuant to subsection (a)(1)(C). only for 2008, 2009, and 2010. In conducting such area— ‘‘(iii) DENOMINATOR BASED ON RISK RATE.— analysis, the Secretary shall use data submitted ‘‘(A) for 2007— The denominator described in this clause is with respect to 2004 and subsequent years, as ‘‘(i) if such year is not specified under sub- equal to the total amount estimated for the year available.’’. section (c)(1)(D)(ii), an amount equal to the under clause (ii)(III). SEC. 5302. RURAL PACE PROVIDER GRANT PRO- amount specified in subsection (c)(1)(C) for the ‘‘(iv) REQUIREMENTS.—In estimating the GRAM. area for 2006— amounts under the previous clauses, the Sec- (a) DEFINITIONS.—In this section: ‘‘(I) first adjusted by the rescaling factor for retary shall— (1) CMS.—The term ‘‘CMS’’ means the Cen- 2006 for the area (as made available by the Sec- ‘‘(I) use a complete set of the most recent and ters for Medicare & Medicaid Services. retary in the announcement of the rates on representative Medicare Advantage risk scores (2) PACE PROGRAM.—The term ‘‘PACE pro- April 4, 2005, under subsection (b)(1), but ex- under subsection (a)(3) that are available from gram’’ has the meaning given that term in sec- cluding any national adjustment factors for the risk adjustment model announced for the tions 1894(a)(2) and 1934(a)(2) of the Social Se- coding intensity and risk adjustment budget year; curity Act (42 U.S.C. 1395eee(a)(2); 1396u– neutrality that were included in such factor); ‘‘(II) adjust the risk scores to reflect changes 4(a)(2)). and in treatment and coding practices in the fee-for- (3) PACE PROVIDER.—The term ‘‘PACE pro- ‘‘(II) then increased by the national per cap- service sector; vider’’ has the meaning given that term in sec- ita MA growth percentage, described in sub- ‘‘(III) adjust the risk scores for differences in tion 1894(a)(3) or 1934(a)(3) of the Social Secu- section (c)(6) for 2007, but not taking into ac- coding patterns between Medicare Advantage rity Act (42 U.S.C. 1395eee(a)(3); 1396u–4(a)(3)). count any adjustment under subparagraph (C) plans and providers under the original Medicare (4) RURAL AREA.—The term ‘‘rural area’’ has of such subsection for a year before 2004; fee-for-service program under parts A and B to the meaning given that term in section ‘‘(ii) if such year is specified under subsection the extent that the Secretary has identified such 1886(d)(2)(D) of the Social Security Act (42 (c)(1)(D)(ii), an amount equal to the greater of— differences, as required in subsection (a)(1)(C); U.S.C. 1395ww(d)(2)(D)). ‘‘(I) the amount determined under clause (i) ‘‘(IV) as necessary, adjust the risk scores for (5) RURAL PACE PILOT SITE.—The term ‘‘rural for the area for the year; or late data submitted by Medicare Advantage or- PACE pilot site’’ means a PACE provider that ‘‘(II) the amount specified in subsection ganizations; has been approved to provide services in a geo- (c)(1)(D) for the area for the year; and ‘‘(V) as necessary, adjust the risk scores for graphic service area that is, in whole or in part, ‘‘(B) for a subsequent year— lagged cohorts; and a rural area, and that has received a site devel- ‘‘(i) if such year is not specified under sub- ‘‘(VI) as necessary, adjust the risk scores for opment grant under this section. section (c)(1)(D)(ii), an amount equal to the changes in enrollment in Medicare Advantage (6) SECRETARY.—The term ‘‘Secretary’’ means amount determined under this paragraph for plans during the year. the Secretary of Health and Human Services. the area for the previous year (determined with- ‘‘(v) AUTHORITY.—In computing such amounts (b) SITE DEVELOPMENT GRANTS AND TECH- out regard to paragraph (2)), increased by the the Secretary may take into account the esti- NICAL ASSISTANCE PROGRAM.— national per capita MA growth percentage, de- mated health risk of enrollees in preferred pro- (1) SITE DEVELOPMENT GRANTS.— scribed in subsection (c)(6) for that succeeding vider organization plans (including MA regional (A) IN GENERAL.—The Secretary shall estab- year, but not taking into account any adjust- plans) for the year. lish a process and criteria to award site development under subparagraph (C) of such subsection ‘‘(C) APPLICABLE PHASE-OUT FACTOR.—For ment grants to qualified PACE providers that for a year before 2004; and purposes of subparagraph (A)(ii), the term ‘ap- have been approved to serve a rural area. ‘‘(ii) if such year is specified under subsection plicable phase-out factor’ means— (B) AMOUNT PER AWARD.—A site development (c)(1)(D)(ii), an amount equal to the greater of— ‘‘(i) for 2007, 0.55; grant awarded under subparagraph (A) to any ‘‘(I) the amount determined under clause (i) ‘‘(ii) for 2008, 0.40; individual rural PACE pilot site shall not exceed for the area for the year; or ‘‘(iii) for 2009, 0.25; and $750,000. ‘‘(II) the amount specified in subsection ‘‘(iv) for 2010, 0.05. (C) NUMBER OF AWARDS.—Not more than 15 (c)(1)(D) for the area for the year. ‘‘(D) TERMINATION OF APPLICATION.—Sub- rural PACE pilot sites shall be awarded a site ‘‘(2) PHASE-OUT OF BUDGET NEUTRALITY FAC- paragraph (A) shall not apply in a year if the development grant under subparagraph (A). TOR.— amount estimated under subparagraph (D) USE OF FUNDS.—Funds made available ‘‘(A) IN GENERAL.—Except as provided in sub- (B)(ii)(III) for the year is equal to or greater under a site development grant awarded under paragraph (D), in the case of 2007 through 2010, than the amount estimated under subparagraph subparagraph (A) may be used for the following the applicable amount determined under para- (B)(ii)(II) for the year. expenses only to the extent such expenses are graph (1) shall be multiplied by a factor equal to ‘‘(3) NO REVISION IN PERCENT.— incurred in relation to establishing or delivering 1 plus the product of— ‘‘(A) IN GENERAL.—The Secretary may not PACE program services in a rural area: ‘‘(i) the percent determined under subpara- make any adjustment to the percent determined (i) Feasibility analysis and planning. graph (B) for the year; and under paragraph (2)(B) for any year. (ii) Interdisciplinary team development. ‘‘(ii) the applicable phase-out factor for the ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this (iii) Development of a provider network, in- year under subparagraph (C). subsection shall be construed to limit the au- cluding contract development.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 595 (iv) Development or adaptation of claims proc- equal to 80 percent of such costs that exceed (4) and section 447.332(b) of title 42 of the Code essing systems. $50,000. of Federal Regulations, the Secretary shall sub- (v) Preparation of special education and out- (4) LIMITATIONS.— stitute 250 percent of the average manufacturer reach efforts required for the PACE program. (A) COSTS INCURRED PER ELIGIBLE OUTLIER price (as computed without regard to customary (vi) Development of expense reporting required PARTICIPANT.—The total amount of outlier ex- prompt pay discounts extended to wholesalers) for calculation of outlier payments or reconcili- pense payments made under this subsection to a for 150 percent of the published price.’’; ation processes. rural PACE pilot site with respect to an eligible (3) in subsection (k)(7)(A)(i), in the matter (vii) Development of any special quality of outlier participant for any 12-month period preceding subclause (I), by striking ‘‘are 2 or care or patient satisfaction data collection ef- shall not exceed $100,000 for the 12-month period more drug products’’ and inserting ‘‘at least 1 forts. used to calculate the payment. other drug product’’; and (viii) Establishment of a working capital fund (B) COSTS INCURRED PER PROVIDER.—No rural (4) in subclauses (I), (II), and (III) of sub- to sustain fixed administrative, facility, or other PACE pilot site may receive more than $500,000 section (k)(7)(A)(i), by striking ‘‘are’’ and in- fixed costs until the provider reaches sufficient in total outlier expense payments in a 12-month serting ‘‘is’’ each place it appears. enrollment size. period. (b) DISCLOSURE OF PRICE INFORMATION TO (ix) Startup and development costs incurred (C) LIMITATION OF OUTLIER COST REIMBURSE- STATES AND THE PUBLIC.—Subsection (b)(3) of prior to the approval of the rural PACE pilot MENT PERIOD.—A rural PACE pilot site shall such section is amended— site’s PACE provider application by CMS. only receive outlier expense payments under this (1) in subparagraph (A)— (x) Any other efforts determined by the rural subsection with respect to costs incurred during (A) in clause (i), by inserting ‘‘month of a’’ PACE pilot site to be critical to its successful the first 3 years of the site’s operation. after ‘‘last day of each’’; and startup, as approved by the Secretary. (5) REQUIREMENT TO ACCESS RISK RESERVES (B) by adding at the end the following: ‘‘Be- (E) APPROPRIATION.— PRIOR TO PAYMENT.—A rural PACE pilot site ginning July 1, 2006, the Secretary shall provide (i) IN GENERAL.—Out of funds in the Treasury shall access and exhaust any risk reserves held on a monthly basis to States under subpara- not otherwise appropriated, there are appro- or arranged for the provider (other than revenue graph (D)(iv) the most recently reported average priated to the Secretary to carry out this sub- or reserves maintained to satisfy the require- manufacturer prices for single source drugs and section for fiscal year 2006, $7,500,000. ments of section 460.80(c) of title 42, Code of for multiple source drugs and shall, on at least (ii) AVAILABILITY.—Funds appropriated under Federal Regulations) and any working capital a quarterly basis, update the information posted clause (i) shall remain available for expenditure established through a site development grant on the website under subparagraph (D)(v).’’; through fiscal year 2008. awarded under subsection (b)(1), prior to receiv- and (2) TECHNICAL ASSISTANCE PROGRAM.—The ing any payment from the outlier fund. (2) in subparagraph (D)— Secretary shall establish a technical assistance (6) APPLICATION.—In order to receive an (A) by striking ‘‘and’’ at the end of clause (ii); program to provide— outlier expense payment under this subsection (B) by striking the period at the end of clause (A) outreach and education to State agencies with respect to an eligible outlier participant, a (iii) and inserting a comma; and and provider organizations interested in estab- rural PACE pilot site shall submit an applica- (C) by inserting after clause (iii) the following lishing PACE programs in rural areas; and tion containing— new clauses: ‘‘(iv) to States to carry out this title, and (B) technical assistance necessary to support (A) documentation of the costs incurred with ‘‘(v) to the Secretary to disclose (through a rural PACE pilot sites. respect to the participant; website accessible to the public) average manu- (c) COST OUTLIER PROTECTION FOR RURAL (B) a certification that the site has complied facturer prices.’’. PACE PILOT SITES.— with the requirements under paragraph (4); and (c) DEFINITION OF AVERAGE MANUFACTURER (1) ESTABLISHMENT OF FUND FOR REIMBURSE- (C) such additional information as the Sec- PRICE.— MENT OF OUTLIER COSTS.—Notwithstanding any retary may require. (1) EXCLUSION OF CUSTOMARY PROMPT PAY other provision of law, the Secretary shall estab- (7) APPROPRIATION.— (A) IN GENERAL.—Out of funds in the Treas- DISCOUNTS EXTENDED TO WHOLESALERS.—Sub- lish an outlier fund to reimburse rural PACE section (k)(1) of such section is amended— pilot sites for recognized outlier costs (as defined ury not otherwise appropriated, there are appropriated to the Secretary to carry out this (A) by striking ‘‘The term’’ and inserting the in paragraph (3)) incurred for eligible outlier following: participants (as defined in paragraph (2)) in an subsection for fiscal year 2006, $10,000,000. (B) AVAILABILITY.—Funds appropriated ‘‘(A) IN GENERAL.—Subject to subparagraph amount, subject to paragraph (4), equal to 80 under subparagraph (A) shall remain available (B), the term’’; percent of the amount by which the recognized for expenditure through fiscal year 2010. (B) by striking ‘‘, after deducting customary outlier costs exceeds $50,000. (d) EVALUATION OF PACE PROVIDERS SERVING prompt pay discounts’’; and (2) ELIGIBLE OUTLIER PARTICIPANT.—For pur- RURAL SERVICE AREAS.—Not later than 60 (C) by adding at the end the following: poses of this subsection, the term ‘‘eligible months after the date of enactment of this Act, ‘‘(B) EXCLUSION OF CUSTOMARY PROMPT PAY outlier participant’’ means a PACE program eli- the Secretary shall submit a report to Congress DISCOUNTS EXTENDED TO WHOLESALERS.—The gible individual (as defined in sections 1894(a)(5) containing an evaluation of the experience of average manufacturer price for a covered out- and 1934(a)(5) of the Social Security Act (42 rural PACE pilot sites. patient drug shall be determined without regard U.S.C. 1395eee(a)(5); 1396u–4(a)(5))) who resides (e) AMOUNTS IN ADDITION TO PAYMENTS to customary prompt pay discounts extended to in a rural area and with respect to whom the UNDER SOCIAL SECURITY ACT.—Any amounts wholesalers.’’. rural PACE pilot site incurs more than $50,000 paid under the authority of this section to a (2) MANUFACTURER REPORTING OF PROMPT PAY in recognized costs in a 12-month period. PACE provider shall be in addition to payments DISCOUNTS.—Subsection (b)(3)(A)(i) of such sec- (3) RECOGNIZED OUTLIER COSTS DEFINED.— made to the provider under section 1894 or 1934 tion is amended by inserting ‘‘, customary (A) IN GENERAL.—For purposes of this sub- of the Social Security Act (42 U.S.C. 1395eee; prompt pay discounts extended to wholesalers,’’ section, the term ‘‘recognized outlier costs’’ 1396u–4). after ‘‘(k)(1))’’. means, with respect to services furnished to an (3) REQUIREMENT TO PROMULGATE REGULA- TITLE VI—MEDICAID AND SCHIP eligible outlier participant by a rural PACE TION.— pilot site, the least of the following (as docu- Subtitle A—Medicaid (A) INSPECTOR GENERAL RECOMMENDATIONS.— mented by the site to the satisfaction of the Sec- CHAPTER 1—PAYMENT FOR Not later than June 1, 2006, the Inspector Gen- retary) for the provision of inpatient and related PRESCRIPTION DRUGS eral of the Department of Health and Human physician and ancillary services for the eligible SEC. 6001. FEDERAL UPPER PAYMENT LIMIT FOR Services shall— outlier participant in a given 12-month period: MULTIPLE SOURCE DRUGS AND (i) review the requirements for, and manner in (i) If the services are provided under a con- OTHER DRUG PAYMENT PROVI- which, average manufacturer prices are deter- tract between the pilot site and the provider, the SIONS. mined under section 1927 of the Social Security payment rate specified under the contract. (a) MODIFICATION OF FEDERAL UPPER PAY- Act, as amended by this section; and (ii) The payment rate established under the MENT LIMIT FOR MULTIPLE SOURCE DRUGS; DEF- (ii) shall submit to the Secretary of Health original Medicare fee-for-service program for INITION OF MULTIPLE SOURCE DRUGS.—Section and Human Services and Congress such rec- such service. 1927 of the Social Security Act (42 U.S.C. 1396r– ommendations for changes in such requirements (iii) The amount actually paid for the services 8) is amended— or manner as the Inspector General determines by the pilot site. (1) in subsection (e)(4)— to be appropriate. (B) INCLUSION IN ONLY ONE PERIOD.—Recog- (A) by striking ‘‘The Secretary’’ and inserting (B) DEADLINE FOR PROMULGATION.—Not later nized outlier costs may not be included in more ‘‘Subject to paragraph (5), the Secretary’’; and than July 1, 2007, the Secretary of Health and than one 12-month period. (B) by inserting ‘‘(or, effective January 1, Human Services shall promulgate a regulation (3) OUTLIER EXPENSE PAYMENT.— 2007, two or more)’’ after ‘‘three or more’’; that clarifies the requirements for, and manner (A) PAYMENT FOR OUTLIER COSTS.—Subject to (2) by adding at the end of subsection (e) the in which, average manufacturer prices are de- subparagraph (B), in the case of a rural PACE following new paragraph: termined under section 1927 of the Social Secu- pilot site that has incurred outlier costs for an ‘‘(5) USE OF AMP IN UPPER PAYMENT LIMITS.— rity Act, taking into consideration the rec- eligible outlier participant, the rural PACE pilot Effective January 1, 2007, in applying the Fed- ommendations submitted to the Secretary in ac- site shall receive an outlier expense payment eral upper reimbursement limit under paragraph cordance with subparagraph (A)(ii).

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(d) EXCLUSION OF SALES AT A NOMINAL PRICE ‘‘(ii) working with retail pharmacies, commer- SEC. 6002. COLLECTION AND SUBMISSION OF UTI- FROM DETERMINATION OF BEST PRICE.— cial payers, and States in obtaining and dis- LIZATION DATA FOR CERTAIN PHYSI- (1) MANUFACTURER REPORTING OF SALES.— seminating such price information; and CIAN ADMINISTERED DRUGS. Subsection (b)(3)(A)(iii) of such section is ‘‘(iii) collecting and reporting such price in- (a) IN GENERAL.—Section 1927(a) of the Social amended by inserting before the period at the formation on at least a monthly basis. Security Act (42 U.S.C. 1396r–8(a)) is amended by adding at the end the following new para- end the following: ‘‘, and, for calendar quarters In contracting for such services, the Secretary graph: beginning on or after January 1, 2007 and only may waive such provisions of the Federal Acqui- ‘‘(7) REQUIREMENT FOR SUBMISSION OF UTILI- with respect to the information described in sub- sition Regulation as are necessary for the effi- ZATION DATA FOR CERTAIN PHYSICIAN ADMINIS- clause (III), for covered outpatient drugs’’. cient implementation of this subsection, other (2) LIMITATION ON SALES AT A NOMINAL TERED DRUGS.— than provisions relating to confidentiality of in- ‘‘(A) SINGLE SOURCE DRUGS.—In order for pay- PRICE.—Subsection (c)(1) of such section is formation and such other provisions as the Sec- amended by adding at the end the following ment to be available under section 1903(a) for a retary determines appropriate. covered outpatient drug that is a single source new subparagraph: ‘‘(D) ADDITIONAL PROVISIONS.—A contract ‘‘(D) LIMITATION ON SALES AT A NOMINAL drug that is physician administered under this with a vendor under this paragraph shall in- title (as determined by the Secretary), and that PRICE.— clude such terms and conditions as the Sec- ‘‘(i) IN GENERAL.—For purposes of subpara- is administered on or after January 1, 2006, the retary shall specify, including the following: State shall provide for the collection and sub- graph (C)(ii)(III) and subsection ‘‘(i) The vendor must monitor the marketplace mission of such utilization data and coding (b)(3)(A)(iii)(III), only sales by a manufacturer and report to the Secretary each time there is a (such as J-codes and National Drug Code num- of covered outpatient drugs at nominal prices to new covered outpatient drug generally avail- bers) for each such drug as the Secretary may the following shall be considered to be sales at able. specify as necessary to identify the manufac- a nominal price or merely nominal in amount: ‘‘(ii) The vendor must update the Secretary no turer of the drug in order to secure rebates ‘‘(I) A covered entity described in section less often than monthly on the retail survey under this section for drugs administered for 340B(a)(4) of the Public Health Service Act. prices for covered outpatient drugs. ‘‘(II) An intermediate care facility for the ‘‘(iii) The contract shall be effective for a term which payment is made under this title. ‘‘(B) MULTIPLE SOURCE DRUGS.— mentally retarded. of 2 years. ‘‘(III) A State-owned or operated nursing fa- ‘‘(i) IDENTIFICATION OF MOST FREQUENTLY ‘‘(E) AVAILABILITY OF INFORMATION TO cility. PHYSICIAN ADMINISTERED MULTIPLE SOURCE STATES.—Information on retail survey prices ob- ‘‘(IV) Any other facility or entity that the DRUGS.—Not later than January 1, 2007, the Sec- tained under this paragraph, including applica- Secretary determines is a safety net provider to retary shall publish a list of the 20 physician ble information on single source drugs, shall be which sales of such drugs at a nominal price administered multiple source drugs that the Sec- provided to States on at least a monthly basis. would be appropriate based on the factors de- retary determines have the highest dollar vol- The Secretary shall devise and implement a scribed in clause (ii). ume of physician administered drugs dispensed means for providing access to each State agency ‘‘(ii) FACTORS.—The factors described in this under this title. The Secretary may modify such clause with respect to a facility or entity are the designated under section 1902(a)(5) with respon- list from year to year to reflect changes in such following: sibility for the administration or supervision of volume. ‘‘(I) The type of facility or entity. the administration of the State plan under this ‘‘(ii) REQUIREMENT.—In order for payment to ‘‘(II) The services provided by the facility or title of the retail survey price determined under be available under section 1903(a) for a covered entity. this paragraph. outpatient drug that is a multiple source drug ‘‘(III) The patient population served by the ‘‘(2) ANNUAL STATE REPORT.—Each State shall that is physician administered (as determined by facility or entity. annually report to the Secretary information the Secretary), that is on the list published ‘‘(IV) The number of other facilities or entities on— under clause (i), and that is administered on or ‘‘(A) the payment rates under the State plan eligible to purchase at nominal prices in the after January 1, 2008, the State shall provide for under this title for covered outpatient drugs; same service area. the submission of such utilization data and cod- ‘‘(B) the dispensing fees paid under such plan ‘‘(iii) NONAPPLICATION.—Clause (i) shall not ing (such as J-codes and National Drug Code for such drugs; and apply with respect to sales by a manufacturer at numbers) for each such drug as the Secretary a nominal price of covered outpatient drugs pur- ‘‘(C) utilization rates for noninnovator multiple source drugs under such plan. may specify as necessary to identify the manu- suant to a master agreement under section 8126 facturer of the drug in order to secure rebates of title 38, United States Code.’’. ‘‘(3) ANNUAL STATE PERFORMANCE RANKINGS.— ‘‘(A) COMPARATIVE ANALYSIS.—The Secretary under this section. (e) RETAIL SURVEY PRICES; STATE PAYMENT ‘‘(C) USE OF NDC CODES.—Not later than Jan- AND UTILIZATION RATES; AND PERFORMANCE annually shall compare, for the 50 most widely prescribed drugs identified by the Secretary, the uary 1, 2007, the information shall be submitted RANKINGS.—Such section is further amended by under subparagraphs (A) and (B)(ii) using Na- inserting after subsection (e) the following new national retail sales price data (collected under paragraph (1)) for such drugs with data on tional Drug Code codes unless the Secretary subsection: specifies that an alternative coding system ‘‘(f) SURVEY OF RETAIL PRICES; STATE PAY- prices under this title for each such drug for each State. should be used. MENT AND UTILIZATION RATES; AND PERFORM- ‘‘(D) HARDSHIP WAIVER.—The Secretary may ‘‘(B) AVAILABILITY OF INFORMATION.—The ANCE RANKINGS.— delay the application of subparagraph (A) or ‘‘(1) SURVEY OF RETAIL PRICES.— Secretary shall submit to Congress and the (B)(ii), or both, in the case of a State to prevent ‘‘(A) USE OF VENDOR.—The Secretary may States full information regarding the annual hardship to States which require additional time contract services for— rankings made under subparagraph (A). ‘‘(i) the determination on a monthly basis of ‘‘(4) APPROPRIATION.—Out of any funds in to implement the reporting system required retail survey prices for covered outpatient drugs the Treasury not otherwise appropriated, there under the respective subparagraph.’’. (b) LIMITATION ON PAYMENT.—Section that represent a nationwide average of con- is appropriated to the Secretary of Health and 1903(i)(10) of such Act (42 U.S.C. 1396b(i)(10)), is sumer purchase prices for such drugs, net of all Human Services $5,000,000 for each of fiscal amended— years 2006 through 2010 to carry out this sub- discounts and rebates (to the extent any infor- (1) by striking ‘‘and’’ at the end of subpara- section.’’. mation with respect to such discounts and re- graph (A); ISCELLANEOUS AMENDMENTS.— bates is available); and (f) M (2) by striking ‘‘or’’ at the end of subpara- (1) IN GENERAL.—Sections 1927(g)(1)(B)(i)(II) ‘‘(ii) the notification of the Secretary when a graph (B) and inserting ‘‘and’’; and drug product that is therapeutically and phar- and 1861(t)(2)(B)(ii)(I) of such Act are each (3) by adding at the end the following new maceutically equivalent and bioequivalent be- amended by inserting ‘‘(or its successor publica- subparagraph: comes generally available. tions)’’ after ‘‘United States Pharmacopoeia- ‘‘(C) with respect to covered outpatient drugs ‘‘(B) SECRETARY RESPONSE TO NOTIFICATION Drug Information’’. described in section 1927(a)(7), unless informa- OF AVAILABILITY OF MULTIPLE SOURCE PROD- (2) PAPERWORK REDUCTION.—The last sen- tion respecting utilization data and coding on UCTS.—If contractor notifies the Secretary under tence of section 1927(g)(2)(A)(ii) of such Act (42 such drugs that is required to be submitted subparagraph (A)(ii) that a drug product de- U.S.C. 1396r–8(g)(2)(A)(ii)) is amended by insert- under such section is submitted in accordance scribed in such subparagraph has become gen- ing before the period at the end the following: ‘‘, with such section; or’’. erally available, the Secretary shall make a de- or to require verification of the offer to provide SEC. 6003. IMPROVED REGULATION OF DRUGS termination, within 7 days after receiving such consultation or a refusal of such offer’’. SOLD UNDER A NEW DRUG APPLICA- notification, as to whether the product is now (3) EFFECTIVE DATE.—The amendments made TION APPROVED UNDER SECTION described in subsection (e)(4). by this subsection shall take effect on the date 505(c) OF THE FEDERAL FOOD, DRUG, ‘‘(C) USE OF COMPETITIVE BIDDING.—In con- of the enactment of this Act. AND COSMETIC ACT. tracting for such services, the Secretary shall (g) EFFECTIVE DATE.—Except as otherwise (a) INCLUSION WITH OTHER REPORTED AVER- competitively bid for an outside vendor that has provided, the amendments made by this section AGE MANUFACTURER AND BEST PRICES.—Section a demonstrated history in— shall take effect on January 1, 2007, without re- 1927(b)(3)(A) of the Social Security Act (42 ‘‘(i) surveying and determining, on a rep- gard to whether or not final regulations to carry U.S.C. 1396r–8(b)(3)(A)) is amended— resentative nationwide basis, retail prices for in- out such amendments have been promulgated by (1) by striking clause (i) and inserting the fol- gredient costs of prescription drugs; such date. lowing:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 597 ‘‘(i) not later than 30 days after the last day CHAPTER 2—LONG-TERM CARE UNDER the State may provide for payments for nursing of each rebate period under the agreement— MEDICAID facility services in order to hold the bed for the ‘‘(I) on the average manufacturer price (as de- Subchapter A—Reform of Asset Transfer individual at the facility, but not in excess of fined in subsection (k)(1)) for covered outpatient Rules payments for 30 days.’’. drugs for the rebate period under the agreement SEC. 6011. LENGTHENING LOOK-BACK PERIOD; SEC. 6012. DISCLOSURE AND TREATMENT OF AN- (including for all such drugs that are sold under CHANGE IN BEGINNING DATE FOR NUITIES. a new drug application approved under section PERIOD OF INELIGIBILITY. (a) IN GENERAL.—Section 1917 of the Social 505(c) of the Federal Food, Drug, and Cosmetic (a) LENGTHENING LOOK-BACK PERIOD FOR ALL Security Act (42 U.S.C. 1396p) is amended by re- Act); and DISPOSALS TO 5 YEARS.—Section 1917(c)(1)(B)(i) designating subsection (e) as subsection (f) and ‘‘(II) for single source drugs and innovator of the Social Security Act (42 U.S.C. by inserting after subsection (d) the following multiple source drugs (including all such drugs 1396p(c)(1)(B)(i)) is amended by inserting ‘‘or in new subsection: that are sold under a new drug application ap- the case of any other disposal of assets made on ‘‘(e)(1) In order to meet the requirements of proved under section 505(c) of the Federal Food, or after the date of the enactment of the Deficit this section for purposes of section 1902(a)(18), a Drug, and Cosmetic Act), on the manufacturer’s Reduction Act of 2005’’ before ‘‘, 60 months’’. State shall require, as a condition for the provi- best price (as defined in subsection (c)(1)(C)) for (b) CHANGE IN BEGINNING DATE FOR PERIOD sion of medical assistance for services described such drugs for the rebate period under the OF INELIGIBILITY.—Section 1917(c)(1)(D) of such in subsection (c)(1)(C)(i) (relating to long-term agreement;’’; and Act (42 U.S.C. 1396p(c)(1)(D)) is amended— care services) for an individual, the application (2) in clause (ii), by inserting ‘‘(including for (1) by striking ‘‘(D) The date’’ and inserting of the individual for such assistance (including such drugs that are sold under a new drug ap- ‘‘(D)(i) In the case of a transfer of asset made any recertification of eligibility for such assist- plication approved under section 505(c) of the before the date of the enactment of the Deficit ance) shall disclose a description of any interest Federal Food, Drug, and Cosmetic Act)’’ after Reduction Act of 2005, the date’’; and the individual or community spouse has in an ‘‘drugs’’. (2) by adding at the end the following new annuity (or similar financial instrument, as may (b) CONFORMING AMENDMENTS.—Section 1927 clause: be specified by the Secretary), regardless of of such Act (42 U.S.C. 1396r–8) is amended— ‘‘(ii) In the case of a transfer of asset made on whether the annuity is irrevocable or is treated (1) in subsection (c)(1)(C)— or after the date of the enactment of the Deficit as an asset. Such application or recertification (A) in clause (i), in the matter preceding sub- Reduction Act of 2005, the date specified in this form shall include a statement that under para- clause (I), by inserting after ‘‘or innovator mul- subparagraph is the first day of a month during graph (2) the State becomes a remainder bene- tiple source drug of a manufacturer’’ the fol- or after which assets have been transferred for ficiary under such an annuity or similar finan- lowing: ‘‘(including the lowest price available to less than fair market value, or the date on cial instrument by virtue of the provision of any entity for any such drug of a manufacturer which the individual is eligible for medical as- such medical assistance. that is sold under a new drug application ap- sistance under the State plan and would other- ‘‘(2)(A) In the case of disclosure concerning proved under section 505(c) of the Federal Food, wise be receiving institutional level care dean annuity under subsection (c)(1)(F), the State Drug, and Cosmetic Act)’’; and scribed in subparagraph (C) based on an ap- shall notify the issuer of the annuity of the (B) in clause (ii)— proved application for such care but for the ap- right of the State under such subsection as a (i) in subclause (II), by striking ‘‘and’’ at the plication of the penalty period, whichever is preferred remainder beneficiary in the annuity end; later, and which does not occur during any for medical assistance furnished to the indi- (ii) in subclause (III), by striking the period at other period of ineligibility under this sub- vidual. Nothing in this paragraph shall be con- the end and inserting ‘‘; and’’; and section.’’. strued as preventing such an issuer from noti- (iii) by adding at the end the following: (c) EFFECTIVE DATE.—The amendments made fying persons with any other remainder interest ‘‘(IV) in the case of a manufacturer that ap- by this section shall apply to transfers made on of the State’s remainder interest under such proves, allows, or otherwise permits any other or after the date of the enactment of this Act. subsection. drug of the manufacturer to be sold under a (d) AVAILABILITY OF HARDSHIP WAIVERS.— ‘‘(B) In the case of such an issuer receiving new drug application approved under section Each State shall provide for a hardship waiver notice under subparagraph (A), the State may 505(c) of the Federal Food, Drug, and Cosmetic process in accordance with section 1917(c)(2)(D) require the issuer to notify the State when there Act, shall be inclusive of the lowest price for of the Social Security Act (42 U.S.C. is a change in the amount of income or principal such authorized drug available from the manu- 1396p(c)(2)(D))— being withdrawn from the amount that was facturer during the rebate period to any manu- (1) under which an undue hardship exists being withdrawn at the time of the most recent facturer, wholesaler, retailer, provider, health when application of the transfer of assets provi- disclosure described in paragraph (1). A State maintenance organization, nonprofit entity, or sion would deprive the individual— shall take such information into account in de- governmental entity within the United States, (A) of medical care such that the individual’s termining the amount of the State’s obligations excluding those prices described in subclauses health or life would be endangered; or for medical assistance or in the individual’s eli- (I) through (IV) of clause (i).’’; and (B) of food, clothing, shelter, or other neces- gibility for such assistance. (2) in subsection (k), as amended by section sities of life; and ‘‘(3) The Secretary may provide guidance to 6001(c)(1), by adding at the end the following: (2) which provides for— States on categories of transactions that may be ‘‘(C) INCLUSION OF SECTION 505(c) DRUGS.—In (A) notice to recipients that an undue hard- treated as a transfer of asset for less than fair the case of a manufacturer that approves, al- ship exception exists; market value. lows, or otherwise permits any drug of the man- (B) a timely process for determining whether ‘‘(4) Nothing in this subsection shall be con- ufacturer to be sold under a new drug applica- an undue hardship waiver will be granted; and strued as preventing a State from denying eligi- tion approved under section 505(c) of the Fed- (C) a process under which an adverse deter- bility for medical assistance for an individual eral Food, Drug, and Cosmetic Act, such term mination can be appealed. based on the income or resources derived from shall be inclusive of the average price paid for (e) ADDITIONAL PROVISIONS ON HARDSHIP an annuity described in paragraph (1).’’. such drug by wholesalers for drugs distributed WAIVERS.— (b) REQUIREMENT FOR STATE TO BE NAMED AS to the retail pharmacy class of trade.’’. (1) APPLICATION BY FACILITY.—Section A REMAINDER BENEFICIARY.—Section 1917(c)(1) (c) EFFECTIVE DATE.—The amendments made 1917(c)(2) of the Social Security Act (42 U.S.C. of such Act (42 U.S.C. 1396p(c)(1)), is amended by this section take effect on January 1, 2007. 1396p(c)(2)) is amended— by adding at the end the following: SEC. 6004. CHILDREN’S HOSPITAL PARTICIPA- (A) by striking the semicolon at the end of ‘‘(F) For purposes of this paragraph, the pur- TION IN SECTION 340B DRUG DIS- subparagraph (D) and inserting a period; and chase of an annuity shall be treated as the dis- COUNT PROGRAM. (B) by adding after and below such subpara- posal of an asset for less than fair market value (a) IN GENERAL.—Section 1927(a)(5)(B) of the graph the following: unless— Social Security Act (42 U.S.C. 1396r–8(a)(5)(B)) ‘‘The procedures established under subpara- ‘‘(i) the State is named as the remainder bene- is amended by inserting before the period at the graph (D) shall permit the facility in which the ficiary in the first position for at least the total end the following: ‘‘and a children’s hospital institutionalized individual is residing to file an amount of medical assistance paid on behalf of described in section 1886(d)(1)(B)(iii) which undue hardship waiver application on behalf of the annuitant under this title; or meets the requirements of clauses (i) and (iii) of the individual with the consent of the indi- ‘‘(ii) the State is named as such a beneficiary section 340B(b)(4)(L) of the Public Health Serv- vidual or the personal representative of the indi- in the second position after the community ice Act and which would meet the requirements vidual.’’. spouse or minor or disabled child and is named of clause (ii) of such section if that clause were (2) AUTHORITY TO MAKE BED HOLD PAYMENTS in the first position if such spouse or a rep- applied by taking into account the percentage of FOR HARDSHIP APPLICANTS.—Such section is fur- resentative of such child disposes of any such care provided by the hospital to patients eligible ther amended by adding at the end the fol- remainder for less than fair market value.’’. for medical assistance under a State plan under lowing: ‘‘While an application for an undue (c) INCLUSION OF TRANSFERS TO PURCHASE this title’’. hardship waiver is pending under subparagraph BALLOON ANNUITIES.—Section 1917(c)(1) of such (b) EFFECTIVE DATE.—The amendment made (D) in the case of an individual who is a resi- Act (42 U.S.C. 1396p(c)(1)), as amended by sub- by subsection (a) shall apply to drugs purchased dent of a nursing facility, if the application section (b), is amended by adding at the end the on or after the date of the enactment of this Act. meets such criteria as the Secretary specifies, following:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 598 CONGRESSIONAL RECORD—HOUSE February 1, 2006 ‘‘(G) For purposes of this paragraph with re- 2011, from year to year based on the percentage ‘‘(C) the entrance fee does not confer an own- spect to a transfer of assets, the term ‘assets’ in- increase in the consumer price index for all ership interest in the continuing care retirement cludes an annuity purchased by or on behalf of urban consumers (all items; United States city community or life care community.’’. an annuitant who has applied for medical as- average), rounded to the nearest $1,000. SEC. 6016. ADDITIONAL REFORMS OF MEDICAID sistance with respect to nursing facility services ‘‘(2) Paragraph (1) shall not apply with re- ASSET TRANSFER RULES. or other long-term care services under this title spect to an individual if— (a) REQUIREMENT TO IMPOSE PARTIAL unless— ‘‘(A) the spouse of such individual, or MONTHS OF INELIGIBILITY.—Section 1917(c)(1)(E) ‘‘(i) the annuity is— ‘‘(B) such individual’s child who is under age of the Social Security Act (42 U.S.C. ‘‘(I) an annuity described in subsection (b) or 21, or (with respect to States eligible to partici- 1396p(c)(1)(E)) is amended by adding at the end (q) of section 408 of the Internal Revenue Code pate in the State program established under title the following: of 1986; or XVI) is blind or permanently and totally dis- ‘‘(iv) A State shall not round down, or other- ‘‘(II) purchased with proceeds from— abled, or (with respect to States which are not wise disregard any fractional period of ineligi- ‘‘(aa) an account or trust described in sub- eligible to participate in such program) is blind bility determined under clause (i) or (ii) with re- section (a), (c), or (p) of section 408 of such or disabled as defined in section 1614, spect to the disposal of assets.’’. Code; is lawfully residing in the individual’s home. (b) AUTHORITY FOR STATES TO ACCUMULATE ‘‘(bb) a simplified employee pension (within ‘‘(3) Nothing in this subsection shall be con- MULTIPLE TRANSFERS INTO ONE PENALTY PE- the meaning of section 408(k) of such Code); or strued as preventing an individual from using a RIOD.—Section 1917(c)(1) of such Act (42 U.S.C. ‘‘(cc) a Roth IRA described in section 408A of reverse mortgage or home equity loan to reduce 1396p(c)(1)), as amended by subsections (b) and such Code; or the individual’s total equity interest in the ‘‘(ii) the annuity— (c) of section 6012, is amended by adding at the ‘‘(I) is irrevocable and nonassignable; home. end the following: ‘‘(II) is actuarially sound (as determined in ‘‘(4) The Secretary shall establish a process ‘‘(H) Notwithstanding the preceding provi- accordance with actuarial publications of the whereby paragraph (1) is waived in the case of sions of this paragraph, in the case of an indi- Office of the Chief Actuary of the Social Secu- a demonstrated hardship.’’. vidual (or individual’s spouse) who makes mul- rity Administration); and (b) EFFECTIVE DATE.—The amendment made tiple fractional transfers of assets in more than ‘‘(III) provides for payments in equal amounts by subsection (a) shall apply to individuals who 1 month for less than fair market value on or during the term of the annuity, with no deferral are determined eligible for medical assistance after the applicable look-back date specified in and no balloon payments made.’’. with respect to nursing facility services or other subparagraph (B), a State may determine the (d) EFFECTIVE DATE.—The amendments made long-term care services based on an application period of ineligibility applicable to such indi- by this section shall apply to transactions (in- filed on or after January 1, 2006. vidual under this paragraph by— cluding the purchase of an annuity) occurring SEC. 6015. ENFORCEABILITY OF CONTINUING ‘‘(i) treating the total, cumulative uncompen- on or after the date of the enactment of this Act. CARE RETIREMENT COMMUNITIES sated value of all assets transferred by the indi- (CCRC) AND LIFE CARE COMMUNITY SEC. 6013. APPLICATION OF ‘‘INCOME-FIRST’’ vidual (or individual’s spouse) during all ADMISSION CONTRACTS. RULE IN APPLYING COMMUNITY months on or after the look-back date specified SPOUSE’S INCOME BEFORE ASSETS (a) ADMISSION POLICIES OF NURSING FACILI- in subparagraph (B) as 1 transfer for purposes IN PROVIDING SUPPORT OF COMMU- TIES.—Section 1919(c)(5) of the Social Security of clause (i) or (ii) (as the case may be) of sub- NITY SPOUSE. Act (42 U.S.C. 1396r(c)(5)) is amended— paragraph (E); and (1) in subparagraph (A)(i)(II), by inserting (a) IN GENERAL.—Section 1924(d) of the Social ‘‘(ii) beginning such period on the earliest ‘‘subject to clause (v),’’ after ‘‘(II)’’; and Security Act (42 U.S.C. 1396r–5(d)) is amended date which would apply under subparagraph (2) by adding at the end of subparagraph (B) by adding at the end the following new sub- (D) to any of such transfers.’’. the following new clause: paragraph: (c) INCLUSION OF TRANSFER OF CERTAIN NOTES ‘‘(6) APPLICATION OF ‘INCOME FIRST’ RULE TO ‘‘(v) TREATMENT OF CONTINUING CARE RETIRE- AND LOANS ASSETS.—Section 1917(c)(1) of such MENT COMMUNITIES ADMISSION CONTRACTS.— REVISION OF COMMUNITY SPOUSE RESOURCE AL- Act (42 U.S.C. 1396p(c)(1)), as amended by sub- Notwithstanding subclause (II) of subparagraph LOWANCE.—For purposes of this subsection and section (b), is amended by adding at the end the (A)(i), subject to subsections (c) and (d) of sec- subsections (c) and (e), a State must consider following: tion 1924, contracts for admission to a State li- that all income of the institutionalized spouse ‘‘(I) For purposes of this paragraph with re- censed, registered, certified, or equivalent con- that could be made available to a community spect to a transfer of assets, the term ‘assets’ in- tinuing care retirement community or life care spouse, in accordance with the calculation of cludes funds used to purchase a promissory community, including services in a nursing fa- the community spouse monthly income allow- note, loan, or mortgage unless such note, loan, cility that is part of such community, may re- ance under this subsection, has been made or mortgage— quire residents to spend on their care resources available before the State allocates to the com- ‘‘(i) has a repayment term that is actuarially declared for the purposes of admission before munity spouse an amount of resources adequate sound (as determined in accordance with actu- applying for medical assistance.’’. to provide the difference between the minimum arial publications of the Office of the Chief Ac- monthly maintenance needs allowance and all (b) TREATMENT OF ENTRANCE FEES.—Section 1917 of such Act (42 U.S.C. 1396p), as amended tuary of the Social Security Administration); income available to the community spouse.’’. ‘‘(ii) provides for payments to be made in by sections 6012(a) and 6014(a), is amended by (b) EFFECTIVE DATE.—The amendment made equal amounts during the term of the loan, with redesignating subsection (g) as subsection (h) by subsection (a) shall apply to transfers and no deferral and no balloon payments made; and and by inserting after subsection (f) the fol- allocations made on or after the date of the en- ‘‘(iii) prohibits the cancellation of the balance lowing new subsection: actment of this Act by individuals who become upon the death of the lender. institutionalized spouses on or after such date. ‘‘(g) TREATMENT OF ENTRANCE FEES OF INDI- In the case of a promissory note, loan, or mort- SEC. 6014. DISQUALIFICATION FOR LONG-TERM VIDUALS RESIDING IN CONTINUING CARE RETIRE- CARE ASSISTANCE FOR INDIVIDUALS MENT COMMUNITIES.— gage that does not satisfy the requirements of WITH SUBSTANTIAL HOME EQUITY. ‘‘(1) IN GENERAL.—For purposes of deter- clauses (i) through (iii), the value of such note, (a) IN GENERAL.—Section 1917 of the Social mining an individual’s eligibility for, or amount loan, or mortgage shall be the outstanding bal- Security Act, as amended by section 6012(a), is of, benefits under a State plan under this title, ance due as of the date of the individual’s ap- further amended by redesignating subsection (f) the rules specified in paragraph (2) shall apply plication for medical assistance for services de- as subsection (g) and by inserting after sub- to individuals residing in continuing care retire- scribed in subparagraph (C).’’. section (e) the following new subsection: ment communities or life care communities that (d) INCLUSION OF TRANSFERS TO PURCHASE ‘‘(f)(1)(A) Notwithstanding any other provi- collect an entrance fee on admission from such LIFE ESTATES.—Section 1917(c)(1) of such Act sion of this title, subject to subparagraphs (B) individuals. (42 U.S.C. 1396p(c)(1)), as amended by sub- and (C) of this paragraph and paragraph (2), in ‘‘(2) TREATMENT OF ENTRANCE FEE.—For pur- section (c), is amended by adding at the end the determining eligibility of an individual for med- poses of this subsection, an individual’s en- following: ical assistance with respect to nursing facility trance fee in a continuing care retirement com- ‘‘(J) For purposes of this paragraph with re- services or other long-term care services, the in- munity or life care community shall be consid- spect to a transfer of assets, the term ‘assets’ individual shall not be eligible for such assistance ered a resource available to the individual to the cludes the purchase of a life estate interest in if the individual’s equity interest in the individ- extent that— another individual’s home unless the purchaser ual’s home exceeds $500,000. ‘‘(A) the individual has the ability to use the resides in the home for a period of at least 1 ‘‘(B) A State may elect, without regard to the entrance fee, or the contract provides that the year after the date of the purchase.’’. requirements of section 1902(a)(1) (relating to entrance fee may be used, to pay for care should (e) EFFECTIVE DATES.— statewideness) and section 1902(a)(10)(B) (relat- other resources or income of the individual be (1) IN GENERAL.—Except as provided in para- ing to comparability), to apply subparagraph insufficient to pay for such care; graphs (2) and (3), the amendments made by (A) by substituting for ‘$500,000’, an amount ‘‘(B) the individual is eligible for a refund of this section shall apply to payments under title that exceeds such amount, but does not exceed any remaining entrance fee when the individual XIX of the Social Security Act (42 U.S.C. 1396 et $750,000. dies or terminates the continuing care retire- seq.) for calendar quarters beginning on or after ‘‘(C) The dollar amounts specified in this ment community or life care community contract the date of enactment of this Act, without re- paragraph shall be increased, beginning with and leaves the community; and gard to whether or not final regulations to carry

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 599 out such amendments have been promulgated by derstanding of such policies and how they relate ‘‘(IV) Section 6D (relating to continuation or such date. to other public and private coverage of long- conversion of coverage). (2) EXCEPTIONS.—The amendments made by term care. ‘‘(V) Section 6E (relating to discontinuance this section shall not apply— ‘‘(VI) The issuer of the policy provides regular and replacement of policies). (A) to medical assistance provided for services reports to the Secretary, in accordance with reg- ‘‘(VI) Section 7 (relating to unintentional furnished before the date of enactment; ulations of the Secretary, that include notifica- lapse). (B) with respect to assets disposed of on or be- tion regarding when benefits provided under the ‘‘(VII) Section 8 (relating to disclosure), other fore the date of enactment of this Act; or policy have been paid and the amount of such than sections 8F, 8G, 8H, and 8I thereof. (C) with respect to trusts established on or be- benefits paid, notification regarding when the ‘‘(VIII) Section 9 (relating to required disclo- fore the date of enactment of this Act. policy otherwise terminates, and such other insure of rating practices to consumer). (3) EXTENSION OF EFFECTIVE DATE FOR STATE formation as the Secretary determines may be ‘‘(IX) Section 11 (relating to prohibitions LAW AMENDMENT.—In the case of a State plan appropriate to the administration of such part- against post-claims underwriting). under title XIX of the Social Security Act (42 nerships. ‘‘(X) Section 12 (relating to minimum stand- U.S.C. 1396 et seq.) which the Secretary of ‘‘(VII) The State does not impose any require- ards). Health and Human Services determines requires ment affecting the terms or benefits of such a ‘‘(XI) Section 14 (relating to application forms State legislation in order for the plan to meet policy unless the State imposes such requirement and replacement coverage). the additional requirements imposed by the on long-term care insurance policies without re- ‘‘(XII) Section 15 (relating to reporting re- amendments made by a provision of this section, gard to whether the policy is covered under the quirements). the State plan shall not be regarded as failing to partnership or is offered in connection with ‘‘(XIII) Section 22 (relating to filing require- comply with the requirements of such title solely such a partnership. ments for marketing). on the basis of its failure to meet these addi- In the case of a long-term care insurance policy ‘‘(XIV) Section 23 (relating to standards for tional requirements before the first day of the which is exchanged for another such policy, marketing), including inaccurate completion of first calendar quarter beginning after the close subclause (I) shall be applied based on the cov- medical histories, other than paragraphs (1), (6), of the first regular session of the State legisla- erage of the first such policy that was ex- and (9) of section 23C. ture that begins after the date of the enactment changed. For purposes of this clause and para- ‘‘(XV) Section 24 (relating to suitability). of this Act. For purposes of the previous sen- graph (5), the term ‘long-term care insurance ‘‘(XVI) Section 25 (relating to prohibition tence, in the case of a State that has a 2-year policy’ includes a certificate issued under a against preexisting conditions and probationary legislative session, each year of the session is group insurance contract. periods in replacement policies or certificates). considered to be a separate regular session of ‘‘(iv) With respect to a State which had a ‘‘(XVII) The provisions of section 26 relating the State legislature. State plan amendment approved as of May 14, to contingent nonforfeiture benefits, if the pol- Subchapter B—Expanded Access to Certain 1993, such a State satisfies this clause for pur- icyholder declines the offer of a nonforfeiture Benefits poses of clause (ii) if the Secretary determines provision described in paragraph (4). SEC. 6021. EXPANSION OF STATE LONG-TERM that the State plan amendment provides for con- ‘‘(XVIII) Section 29 (relating to standard for- CARE PARTNERSHIP PROGRAM. sumer protection standards which are no less mat outline of coverage). (a) EXPANSION AUTHORITY.— stringent than the consumer protection stand- ‘‘(XIX) Section 30 (relating to requirement to (1) IN GENERAL.—Section 1917(b) of the Social ards which applied under such State plan deliver shopper’s guide). Security Act (42 U.S.C. 1396p(b)) is amended— amendment as of December 31, 2005. ‘‘(ii) In the case of the model Act, the fol- (A) in paragraph (1)(C)— ‘‘(v) The regulations of the Secretary required lowing: (i) in clause (ii), by inserting ‘‘and which sat- under clause (iii)(VI) shall be promulgated after ‘‘(I) Section 6C (relating to preexisting condi- isfies clause (iv), or which has a State plan consultation with the National Association of tions). amendment that provides for a qualified State Insurance Commissioners, issuers of long-term ‘‘(II) Section 6D (relating to prior hospitaliza- long-term care insurance partnership (as de- care insurance policies, States with experience tion). fined in clause (iii))’’ after ‘‘1993,’’; and with long-term care insurance partnership ‘‘(III) The provisions of section 8 relating to (ii) by adding at the end the following new plans, other States, and representatives of con- contingent nonforfeiture benefits. clauses: sumers of long-term care insurance policies, and ‘‘(IV) Section 6F (relating to right to return). ‘‘(iii) For purposes of this paragraph, the term shall specify the type and format of the data ‘‘(V) Section 6G (relating to outline of cov- ‘qualified State long-term care insurance part- and information to be reported and the fre- erage). nership’ means an approved State plan amend- quency with which such reports are to be made. ‘‘(VI) Section 6H (relating to requirements for ment under this title that provides for the dis- The Secretary, as appropriate, shall provide certificates under group plans). regard of any assets or resources in an amount copies of the reports provided in accordance ‘‘(VII) Section 6J (relating to policy sum- equal to the insurance benefit payments that with that clause to the State involved. mary). are made to or on behalf of an individual who ‘‘(vi) The Secretary, in consultation with ‘‘(VIII) Section 6K (relating to monthly re- is a beneficiary under a long-term care insur- other appropriate Federal agencies, issuers of ports on accelerated death benefits). ance policy if the following requirements are long-term care insurance, the National Associa- ‘‘(IX) Section 7 (relating to incontestability met: tion of Insurance Commissioners, State insur- period). ‘‘(I) The policy covers an insured who was a ance commissioners, States with experience with ‘‘(B) For purposes of this paragraph and resident of such State when coverage first belong-term care insurance partnership plans, paragraph (1)(C)— came effective under the policy. other States, and representatives of consumers ‘‘(i) the terms ‘model regulation’ and ‘model ‘‘(II) The policy is a qualified long-term care of long-term care insurance policies, shall de- Act’ mean the long-term care insurance model insurance policy (as defined in section 7702B(b) velop recommendations for Congress to author- regulation, and the long-term care insurance of the Internal Revenue Code of 1986) issued not ize and fund a uniform minimum data set to be model Act, respectively, promulgated by the Na- earlier than the effective date of the State plan reported electronically by all issuers of long- tional Association of Insurance Commissioners amendment. term care insurance policies under qualified (as adopted as of October 2000); ‘‘(III) The policy meets the model regulations State long-term care insurance partnerships to a ‘‘(ii) any provision of the model regulation or and the requirements of the model Act specified secure, centralized electronic query and report- model Act listed under subparagraph (A) shall in paragraph (5). generating mechanism that the State, the Sec- be treated as including any other provision of ‘‘(IV) If the policy is sold to an individual retary, and other Federal agencies can access.’’; such regulation or Act necessary to implement who— and the provision; and ‘‘(aa) has not attained age 61 as of the date (B) by adding at the end the following: ‘‘(iii) with respect to a long-term care insur- of purchase, the policy provides compound an- ‘‘(5)(A) For purposes of clause (iii)(III), the ance policy issued in a State, the policy shall be nual inflation protection; model regulations and the requirements of the deemed to meet applicable requirements of the ‘‘(bb) has attained age 61 but has not attained model Act specified in this paragraph are: model regulation or the model Act if the State age 76 as of such date, the policy provides some ‘‘(i) In the case of the model regulation, the plan amendment under paragraph (1)(C)(iii) level of inflation protection; and following requirements: provides that the State insurance commissioner ‘‘(cc) has attained age 76 as of such date, the ‘‘(I) Section 6A (relating to guaranteed re- for the State certifies (in a manner satisfactory policy may (but is not required to) provide some newal or noncancellability), other than para- to the Secretary) that the policy meets such re- level of inflation protection. graph (5) thereof, and the requirements of sec- quirements. ‘‘(V) The State Medicaid agency under section tion 6B of the model Act relating to such section ‘‘(C) Not later than 12 months after the Na- 1902(a)(5) provides information and technical 6A. tional Association of Insurance Commissioners assistance to the State insurance department on ‘‘(II) Section 6B (relating to prohibitions on issues a revision, update, or other modification the insurance department’s role of assuring that limitations and exclusions) other than para- of a model regulation or model Act provision any individual who sells a long-term care insur- graph (7) thereof. specified in subparagraph (A), or of any provi- ance policy under the partnership receives ‘‘(III) Section 6C (relating to extension of ben- sion of such regulation or Act that is sub- training and demonstrates evidence of an un- efits). stantively related to a provision specified in

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 600 CONGRESSIONAL RECORD—HOUSE February 1, 2006 such subparagraph, the Secretary shall review (i) educate consumers with respect to the title 31, United States Code, with respect to pro- the changes made to the provision, determine availability and limitations of coverage for long- grams in addition to the State program under whether incorporating such changes into the term care under the Medicaid program and pro- this title, or with respect to expenditures in ad- corresponding provision specified in such sub- vide contact information for obtaining State- dition to expenditures described in section paragraph would improve qualified State long- specific information on long-term care coverage, 1903(a), from being considered to be in compli- term care insurance partnerships, and if so, including eligibility and estate recovery require- ance with the requirements of subsection (a) so shall incorporate the changes into such provi- ments under State Medicaid programs; long as the law meets such requirements.’’. sion.’’. (ii) provide objective information to assist con- (b) EFFECTIVE DATE.—Except as provided in (2) STATE REPORTING REQUIREMENTS.—Noth- sumers with the decisionmaking process for de- section 6035(e), the amendments made by this ing in clauses (iii)(VI) and (v) of section termining whether to purchase long-term care section take effect on January 1, 2007. 1917(b)(1)(C) of the Social Security Act (as insurance or to pursue other private market al- SEC. 6032. EMPLOYEE EDUCATION ABOUT FALSE added by paragraph (1)) shall be construed as ternatives for purchasing long-term care and CLAIMS RECOVERY. prohibiting a State from requiring an issuer of a provide contact information for additional ob- (a) IN GENERAL.—Section 1902(a) of the Social long-term care insurance policy sold in the State jective resources on planning for long-term care Security Act (42 U.S.C. 1396a(a)) is amended— (regardless of whether the policy is issued under needs; and (1) in paragraph (66), by striking ‘‘and’’ at a qualified State long-term care insurance part- (iii) maintain a list of States with State long- the end; nership under section 1917(b)(1)(C)(iii) of such term care insurance partnerships under the (2) in paragraph (67) by striking the period at Act) to require the issuer to report information Medicaid program that provide reciprocal rec- the end and inserting ‘‘; and’’; and or data to the State that is in addition to the in- ognition of long-term care insurance policies (3) by inserting after paragraph (67) the fol- formation or data required under such clauses. issued under such partnerships. lowing: (3) EFFECTIVE DATE.—A State plan amend- (B) REQUIREMENT.—In providing information ‘‘(68) provide that any entity that receives or ment that provides for a qualified State long- to consumers on long-term care in accordance makes annual payments under the State plan of term care insurance partnership under the with this subsection, the National Clearing- at least $5,000,000, as a condition of receiving amendments made by paragraph (1) may provide house for Long-Term Care Information shall not such payments, shall— that such amendment is effective for long-term advocate in favor of a specific long-term care in- ‘‘(A) establish written policies for all employ- care insurance policies issued on or after a date, surance provider or a specific long-term care in- ees of the entity (including management), and specified in the amendment, that is not earlier surance policy. of any contractor or agent of the entity, that than the first day of the first calendar quarter (3) APPROPRIATION.—Out of any funds in the provide detailed information about the False in which the plan amendment was submitted to Treasury not otherwise appropriated, there is Claims Act established under sections 3729 the Secretary of Health and Human Services. appropriated to carry out this subsection, through 3733 of title 31, United States Code, ad- (b) STANDARDS FOR RECIPROCAL RECOGNITION $3,000,000 for each of fiscal years 2006 through ministrative remedies for false claims and state- AMONG PARTNERSHIP STATES.—In order to per- 2010. ments established under chapter 38 of title 31, United States Code, any State laws pertaining mit portability in long-term care insurance poli- CHAPTER 3—ELIMINATING FRAUD, WASTE, to civil or criminal penalties for false claims and cies purchased under State long-term care insur- AND ABUSE IN MEDICAID ance partnerships, the Secretary of Health and statements, and whistleblower protections under SEC. 6031. ENCOURAGING THE ENACTMENT OF such laws, with respect to the role of such laws Human Services shall develop, not later than STATE FALSE CLAIMS ACTS. January 1, 2007, and in consultation with the in preventing and detecting fraud, waste, and (a) IN GENERAL.—Title XIX of the Social Se- National Association of Insurance Commis- abuse in Federal health care programs (as de- curity Act (42 U.S.C. 1396 et seq.) is amended by fined in section 1128B(f)); sioners, issuers of long-term care insurance poli- inserting after section 1908A the following: cies, States with experience with long-term care ‘‘(B) include as part of such written policies, ‘‘STATE FALSE CLAIMS ACT REQUIREMENTS FOR insurance partnership plans, other States, and detailed provisions regarding the entity’s poli- INCREASED STATE SHARE OF RECOVERIES representatives of consumers of long-term care cies and procedures for detecting and preventing ‘‘SEC. 1909. (a) IN GENERAL.—Notwithstanding insurance policies, standards for uniform recip- fraud, waste, and abuse; and section 1905(b), if a State has in effect a law re- rocal recognition of such policies among States ‘‘(C) include in any employee handbook for lating to false or fraudulent claims that meets with qualified State long-term care insurance the entity, a specific discussion of the laws de- the requirements of subsection (b), the Federal partnerships under which— scribed in subparagraph (A), the rights of em- (1) benefits paid under such policies will be medical assistance percentage with respect to ployees to be protected as whistleblowers, and treated the same by all such States; and any amounts recovered under a State action the entity’s policies and procedures for detecting (2) States with such partnerships shall be sub- brought under such law, shall be decreased by and preventing fraud, waste, and abuse.’’. ject to such standards unless the State notifies 10 percentage points. (b) EFFECTIVE DATE.—Except as provided in the Secretary in writing of the State’s election to ‘‘(b) REQUIREMENTS.—For purposes of subsection 6035(e), the amendments made by sub- be exempt from such standards. section (a), the requirements of this subsection section (a) take effect on January 1, 2007. (c) ANNUAL REPORTS TO CONGRESS.— are that the Inspector General of the Depart- SEC. 6033. PROHIBITION ON RESTOCKING AND (1) IN GENERAL.—The Secretary of Health and ment of Health and Human Services, in con- DOUBLE BILLING OF PRESCRIPTION Human Services shall annually report to Con- sultation with the Attorney General, determines DRUGS. gress on the long-term care insurance partner- that the State has in effect a law that meets the (a) IN GENERAL.—Section 1903(i)(10) of the So- ships established in accordance with section following requirements: cial Security Act (42 U.S.C. 1396b(i)), as amend- 1917(b)(1)(C)(ii) of the Social Security Act (42 ‘‘(1) The law establishes liability to the State ed by section 6002(b), is amended— U.S.C. 1396p(b)(1)(C)(ii)) (as amended by sub- for false or fraudulent claims described in sec- (1) in subparagraph (B), by striking ‘‘and’’ at section (a)(1)). Such reports shall include anal- tion 3729 of title 31, United States Code, with re- the end; yses of the extent to which such partnerships spect to any expenditure described in section (2) in subparagraph (C), by striking ‘‘; or’’ at expand or limit access of individuals to long- 1903(a). the end and inserting ‘‘, and’’; and term care and the impact of such partnerships ‘‘(2) The law contains provisions that are at (3) by adding at the end the following: ‘‘(D) with respect to any amount expended for on Federal and State expenditures under the least as effective in rewarding and facilitating reimbursement to a pharmacy under this title Medicare and Medicaid programs. Nothing in qui tam actions for false or fraudulent claims as for the ingredient cost of a covered outpatient this section shall be construed as requiring the those described in sections 3730 through 3732 of drug for which the pharmacy has already re- Secretary to conduct an independent review of title 31, United States Code. ceived payment under this title (other than with each long-term care insurance policy offered ‘‘(3) The law contains a requirement for filing respect to a reasonable restocking fee for such under or in connection with such a partnership. an action under seal for 60 days with review by (2) APPROPRIATION.—Out of any funds in the the State Attorney General. drug); or’’. Treasury not otherwise appropriated, there is ‘‘(4) The law contains a civil penalty that is (b) EFFECTIVE DATE.—The amendments made appropriated to the Secretary of Health and not less than the amount of the civil penalty au- by subsection (a) take effect on the first day of Human Services, $1,000,000 for the period of fis- thorized under section 3729 of title 31, United the first fiscal year quarter that begins after the cal years 2006 through 2010 to carry out para- States Code. date of enactment of this Act. graph (1). ‘‘(c) DEEMED COMPLIANCE.—A State that, as SEC. 6034. MEDICAID INTEGRITY PROGRAM. (d) NATIONAL CLEARINGHOUSE FOR LONG- of January 1, 2007, has a law in effect that (a) ESTABLISHMENT OF MEDICAID INTEGRITY TERM CARE INFORMATION.— meets the requirements of subsection (b) shall be PROGRAM.—Title XIX of the Social Security Act (1) ESTABLISHMENT.—The Secretary of Health deemed to be in compliance with such require- (42 U.S.C. 1396 et seq.) is amended— and Human Services shall establish a National ments for so long as the law continues to meet (1) by redesignating section 1936 as section Clearinghouse for Long-Term Care Information. such requirements. 1937; and The Clearinghouse may be established through ‘‘(d) NO PRECLUSION OF BROADER LAWS.— (2) by inserting after section 1935 the fol- a contract or interagency agreement. Nothing in this section shall be construed as lowing: (2) DUTIES.— prohibiting a State that has in effect a law that ‘‘MEDICAID INTEGRITY PROGRAM (A) IN GENERAL.—The National Clearinghouse establishes liability to the State for false or ‘‘SEC. 1936. (a) IN GENERAL.—There is hereby for Long-Term Care Information shall— fraudulent claims described in section 3729 of established the Medicaid Integrity Program (in

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this section referred to as the ‘Program’) under ‘‘(4) LIMITATION ON CONTRACTOR LIABILITY.— Office with respect to the Medicaid program which the Secretary shall promote the integrity The Secretary shall by regulation provide for under title XIX of the Social Security Act (42 of the program under this title by entering into the limitation of a contractor’s liability for ac- U.S.C. 1396 et seq.). contracts in accordance with this section with tions taken to carry out a contract under the (2) AVAILABILITY; AMOUNTS IN ADDITION TO eligible entities to carry out the activities de- Program, and such regulation shall, to the ex- OTHER AMOUNTS APPROPRIATED FOR SUCH AC- scribed in subsection (b). tent the Secretary finds appropriate, employ the TIVITIES.—Amounts appropriated pursuant to ‘‘(b) ACTIVITIES DESCRIBED—Activities de- same or comparable standards and other subparagraph (1) shall— scribed in this subsection are as follows: stantive and procedural provisions as are con- (A) remain available until expended; and ‘‘(1) Review of the actions of individuals or tained in section 1157. (B) be in addition to any other amounts ap- entities furnishing items or services (whether on ‘‘(d) COMPREHENSIVE PLAN FOR PROGRAM IN- propriated or made available to the Office of the a fee-for-service, risk, or other basis) for which TEGRITY.— Inspector General of the Department of Health payment may be made under a State plan ap- ‘‘(1) 5-YEAR PLAN.—With respect to the 5-fiscal and Human Services for activities of such Office proved under this title (or under any waiver of year period beginning with fiscal year 2006, and with respect to the Medicaid program. such plan approved under section 1115) to deter- each such 5-fiscal year period that begins there- (3) ANNUAL REPORT.—Not later than 180 days mine whether fraud, waste, or abuse has oc- after, the Secretary shall establish a comprehen- after the end of each fiscal year (beginning with curred, is likely to occur, or whether such ac- sive plan for ensuring the integrity of the pro- fiscal year 2006), the Inspector General of the tions have any potential for resulting in an ex- gram established under this title by combatting Department of Health and Human Services shall penditure of funds under this title in a manner fraud, waste, and abuse. submit a report to Congress which identifies— which is not intended under the provisions of ‘‘(2) CONSULTATION.—Each 5-fiscal year plan (A) the use of funds appropriated pursuant to this title. established under paragraph (1) shall be devel- paragraph (1); and ‘‘(2) Audit of claims for payment for items or oped by the Secretary in consultation with the (B) the effectiveness of the use of such funds. services furnished, or administrative services Attorney General, the Director of the Federal (d) NATIONAL EXPANSION OF THE MEDICARE- rendered, under a State plan under this title, in- Bureau of Investigation, the Comptroller Gen- MEDICAID (MEDI-MEDI) DATA MATCH PILOT cluding— eral of the United States, the Inspector General PROGRAM.— ‘‘(A) cost reports; of the Department of Health and Human Serv- (1) REQUIREMENT OF THE MEDICARE INTEGRITY ‘‘(B) consulting contracts; and ‘‘(C) risk contracts under section 1903(m). ices, and State officials with responsibility for PROGRAM.—Section 1893 of the Social Security ‘‘(3) Identification of overpayments to individ- controlling provider fraud and abuse under Act (42 U.S.C. 1395ddd) is amended— uals or entities receiving Federal funds under State plans under this title. (A) in subsection (b), by adding at the end the this title. ‘‘(e) APPROPRIATION.— following: ‘‘(4) Education of providers of services, man- ‘‘(1) IN GENERAL.—Out of any money in the ‘‘(6) The Medicare-Medicaid Data Match Pro- aged care entities, beneficiaries, and other indi- Treasury of the United States not otherwise ap- gram in accordance with subsection (g).’’; and viduals with respect to payment integrity and propriated, there are appropriated to carry out (B) by adding at the end the following: quality of care. the Medicaid Integrity Program under this sec- ‘‘(g) MEDICARE-MEDICAID DATA MATCH PRO- ‘‘(c) ELIGIBLE ENTITY AND CONTRACTING RE- tion, without further appropriation— GRAM.— QUIREMENTS.— ‘‘(A) for fiscal year 2006, $5,000,000; ‘‘(1) EXPANSION OF PROGRAM.— ‘‘(1) IN GENERAL.—An entity is eligible to enter ‘‘(B) for each of fiscal years 2007 and 2008, ‘‘(A) IN GENERAL.—The Secretary shall enter into a contract under the Program to carry out $50,000,000; and into contracts with eligible entities for the pur- any of the activities described in subsection (b) ‘‘(C) for each fiscal year thereafter, pose of ensuring that, beginning with 2006, the if the entity satisfies the requirements of para- $75,000,000. Medicare-Medicaid Data Match Program (com- graphs (2) and (3). ‘‘(2) AVAILABILITY.—Amounts appropriated monly referred to as the ‘Medi-Medi Program’) ‘‘(2) ELIGIBILITY REQUIREMENTS.—The re- pursuant to paragraph (1) shall remain avail- is conducted with respect to the program estab- quirements of this paragraph are the following: able until expended. lished under this title and State Medicaid pro- ‘‘(A) The entity has demonstrated capability ‘‘(3) INCREASE IN CMS STAFFING DEVOTED TO grams under title XIX for the purpose of— to carry out the activities described in sub- PROTECTING MEDICAID PROGRAM INTEGRITY.— ‘‘(i) identifying program vulnerabilities in the section (b). From the amounts appropriated under para- program established under this title and the ‘‘(B) In carrying out such activities, the entity graph (1), the Secretary shall increase by 100 the Medicaid program established under title XIX agrees to cooperate with the Inspector General number of full-time equivalent employees whose through the use of computer algorithms to look of the Department of Health and Human Serv- duties consist solely of protecting the integrity for payment anomalies (including billing or bill- ices, the Attorney General, and other law en- of the Medicaid program established under this ing patterns identified with respect to service, forcement agencies, as appropriate, in the inves- section by providing effective support and as- time, or patient that appear to be suspect or oth- tigation and deterrence of fraud and abuse in sistance to States to combat provider fraud and erwise implausible); relation to this title and in other cases arising abuse. ‘‘(ii) working with States, the Attorney Gen- out of such activities. ‘‘(4) ANNUAL REPORT.—Not later than 180 days eral, and the Inspector General of the Depart- ‘‘(C) The entity complies with such conflict of after the end of each fiscal year (beginning with ment of Health and Human Services to coordi- interest standards as are generally applicable to fiscal year 2006), the Secretary shall submit a re- nate appropriate actions to protect the Federal Federal acquisition and procurement. port to Congress which identifies— and State share of expenditures under the Med- ‘‘(D) The entity meets such other requirements ‘‘(A) the use of funds appropriated pursuant icaid program under title XIX, as well as the as the Secretary may impose. to paragraph (1); and program established under this title; and ‘‘(3) CONTRACTING REQUIREMENTS.—The entity has contracted with the Secretary in accordance ‘‘(B) the effectiveness of the use of such ‘‘(iii) increasing the effectiveness and effi- with such procedures as the Secretary shall by funds.’’. ciency of both such programs through cost regulation establish, except that such proce- (b) STATE REQUIREMENT TO COOPERATE WITH avoidance, savings, and recoupments of fraudu- dures shall include the following: INTEGRITY PROGRAM EFFORTS.—Section 1902(a) lent, wasteful, or abusive expenditures. ‘‘(A) Procedures for identifying, evaluating, of such Act (42 U.S.C. 1396a(a)), as amended by ‘‘(B) REPORTING REQUIREMENTS.—The Sec- and resolving organizational conflicts of interest section 6033(a), is amended— retary shall make available in a timely manner that are generally applicable to Federal acquisi- (1) in paragraph (67), by striking ‘‘and’’ at any data and statistical information collected tion and procurement. the end; by the Medi-Medi Program to the Attorney Gen- ‘‘(B) Competitive procedures to be used— (2) in paragraph (68), by striking the period at eral, the Director of the Federal Bureau of In- ‘‘(i) when entering into new contracts under the end and inserting ‘‘; and’’; and vestigation, the Inspector General of the Depart- this section; (3) by inserting after paragraph (68), the fol- ment of Health and Human Services, and the ‘‘(ii) when entering into contracts that may lowing: States (including a Medicaid fraud and abuse result in the elimination of responsibilities ‘‘(69) provide that the State must comply with control unit described in section 1903(q)). Such under section 202(b) of the Health Insurance any requirements determined by the Secretary to information shall be disseminated no less fre- Portability and Accountability Act of 1996; and be necessary for carrying out the Medicaid In- quently than quarterly. ‘‘(iii) at any other time considered appropriate tegrity Program established under section ‘‘(2) LIMITED WAIVER AUTHORITY.—The Sec- by the Secretary. 1936.’’. retary shall waive only such requirements of ‘‘(C) Procedures under which a contract (c) INCREASED FUNDING FOR MEDICAID FRAUD this section and of titles XI and XIX as are nec- under this section may be renewed without re- AND ABUSE CONTROL ACTIVITIES.— essary to carry out paragraph (1).’’. gard to any provision of law requiring competi- (1) IN GENERAL.—Out of any money in the (2) FUNDING.—Section 1817(k)(4) of such Act tion if the contractor has met or exceeded the Treasury of the United States not otherwise ap- (42 U.S.C. 1395i(k)(4)), as amended by section performance requirements established in the propriated, there are appropriated to the Office 5204 of this Act, is amended— current contract. of the Inspector General of the Department of (A) in subparagraph (A), by striking ‘‘sub- The Secretary may enter into such contracts Health and Human Services, without further paragraph (B)’’ and inserting ‘‘subparagraphs without regard to final rules having been pro- appropriation, $25,000,000 for each of fiscal (B), (C), and (D)’’; and mulgated. years 2006 through 2010, for activities of such (B) by adding at the end the following:

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‘‘(D) EXPANSION OF THE MEDICARE-MEDICAID dependents may be (or may have been) covered ‘‘(iii) Form N–560 or N–561 (Certificate of DATA MATCH PROGRAM.—The amount appro- by a health insurer and the nature of the cov- United States Citizenship). priated under subparagraph (A) for a fiscal year erage that is or was provided by the health in- ‘‘(iv) A valid State-issued driver’s license or is further increased as follows for purposes of surer (including the name, address, and identi- other identity document described in section carrying out section 1893(b)(6) for the respective fying number of the plan) in a manner pre- 274A(b)(1)(D) of the Immigration and Nation- fiscal year: scribed by the Secretary; ality Act, but only if the State issuing the li- ‘‘(i) $12,000,000 for fiscal year 2006. ‘‘(ii) accept the State’s right of recovery and cense or such document requires proof of United ‘‘(ii) $24,000,000 for fiscal year 2007. the assignment to the State of any right of an States citizenship before issuance of such license ‘‘(iii) $36,000,000 for fiscal year 2008. individual or other entity to payment from the or document or obtains a social security number ‘‘(iv) $48,000,000 for fiscal year 2009. party for an item or service for which payment from the applicant and verifies before certifi- ‘‘(v) $60,000,000 for fiscal year 2010 and each has been made under the State plan; cation that such number is valid and assigned fiscal year thereafter.’’. ‘‘(iii) respond to any inquiry by the State re- to the applicant who is a citizen. (e) DELAYED EFFECTIVE DATE FOR CHAPTER.— garding a claim for payment for any health care ‘‘(v) Such other document as the Secretary Except as otherwise provided in this chapter, in item or service that is submitted not later than may specify, by regulation, that provides proof the case of a State plan under title XIX of the 3 years after the date of the provision of such of United States citizenship or nationality and Social Security Act which the Secretary deter- health care item or service; and that provides a reliable means of documentation mines requires State legislation in order for the ‘‘(iv) agree not to deny a claim submitted by of personal identity. plan to meet the additional requirements im- the State solely on the basis of the date of sub- ‘‘(C) The following are documents described in posed by the amendments made by a provision mission of the claim, the type or format of the this subparagraph: of this chapter, the State plan shall not be reclaim form, or a failure to present proper docu- ‘‘(i) A certificate of birth in the United States. garded as failing to comply with the require- mentation at the point-of-sale that is the basis ‘‘(ii) Form FS–545 or Form DS–1350 (Certifi- ments of such Act solely on the basis of its fail- of the claim, if— cation of Birth Abroad). ure to meet these additional requirements before ‘‘(I) the claim is submitted by the State within ‘‘(iii) Form I–97 (United States Citizen Identi- the first day of the first calendar quarter begin- the 3-year period beginning on the date on fication Card). ning after the close of the first regular session of which the item or service was furnished; and ‘‘(iv) Form FS–240 (Report of Birth Abroad of the State legislature that begins after the date of ‘‘(II) any action by the State to enforce its a Citizen of the United States). enactment of this Act. For purposes of the pre- rights with respect to such claim is commenced ‘‘(v) Such other document (not described in vious sentence, in the case of a State that has within 6 years of the State’s submission of such subparagraph (B)(iv)) as the Secretary may a 2-year legislative session, each year of the ses- claim;’’. specify that provides proof of United States citi- sion shall be considered to be a separate regular (c) EFFECTIVE DATE.—Except as provided in zenship or nationality. session of the State legislature. section 6035(e), the amendments made by this ‘‘(D) The following are documents described in this subparagraph: SEC. 6035. ENHANCING THIRD PARTY IDENTI- section take effect on January 1, 2006. FICATION AND PAYMENT. SEC. 6036. IMPROVED ENFORCEMENT OF DOCU- ‘‘(i) Any identity document described in sec- (a) CLARIFICATION OF THIRD PARTIES LEGALLY MENTATION REQUIREMENTS. tion 274A(b)(1)(D) of the Immigration and Na- RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A (a) IN GENERAL.—Section 1903 of the Social tionality Act. ‘‘(ii) Any other documentation of personal HEALTH CARE ITEM OR SERVICE.—Section Security Act (42 U.S.C. 1396b) is amended— 1902(a)(25) of the Social Security Act (42 U.S.C. (1) in subsection (i), as amended by section 104 identity of such other type as the Secretary 1396a(a)(25)) is amended— of Public Law 109–91— finds, by regulation, provides a reliable means (1) in subparagraph (A), in the matter pre- (A) by striking ‘‘or’’ at the end of paragraph of identification. ceding clause (i)— (20); ‘‘(E) A reference in this paragraph to a form (A) by inserting ‘‘, self-insured plans’’ after (B) by striking the period at the end of para- includes a reference to any successor form.’’. ‘‘health insurers’’; and graph (21) and inserting ‘‘; or’’; and (b) EFFECTIVE DATE.—The amendments made (C) by inserting after paragraph (21) the fol- (B) by striking ‘‘and health maintenance or- by subsection (a) shall apply to determinations lowing new paragraph: ganizations’’ and inserting ‘‘managed care orga- of initial eligibility for medical assistance made ‘‘(22) with respect to amounts expended for nizations, pharmacy benefit managers, or other on or after July 1, 2006, and to redeterminations medical assistance for an individual who de- parties that are, by statute, contract, or agree- of eligibility made on or after such date in the clares under section 1137(d)(1)(A) to be a citizen ment, legally responsible for payment of a claim case of individuals for whom the requirement of or national of the United States for purposes of for a health care item or service’’; and section 1903(z) of the Social Security Act, as establishing eligibility for benefits under this (2) in subparagraph (G)— added by such amendments, was not previously title, unless the requirement of subsection (x) is (A) by inserting ‘‘a self-insured plan,’’ after met. met.’’; and (c) IMPLEMENTATION REQUIREMENT.—As soon ‘‘1974,’’; and (2) by adding at the end the following new as practicable after the date of enactment of this (B) by striking ‘‘and a health maintenance or- subsection: Act, the Secretary of Health and Human Serv- ganization’’ and inserting ‘‘a managed care or- ‘‘(x)(1) For purposes of subsection (i)(23), the ices shall establish an outreach program that is ganization, a pharmacy benefit manager, or requirement of this subsection is, with respect to designed to educate individuals who are likely other party that is, by statute, contract, or an individual declaring to be a citizen or na- to be affected by the requirements of subsections agreement, legally responsible for payment of a tional of the United States, that, subject to (i)(23) and (x) of section 1903 of the Social Secu- claim for a health care item or service’’. paragraph (2), there is presented satisfactory rity Act (as added by subsection (a)) about such (b) REQUIREMENT FOR THIRD PARTIES TO PRO- documentary evidence of citizenship or nation- requirements and how they may be satisfied. VIDE THE STATE WITH COVERAGE ELIGIBILITY ality (as defined in paragraph (3)) of the indi- CHAPTER 4—FLEXIBILITY IN COST AND CLAIMS DATA.—Section 1902(a)(25) of such vidual. SHARING AND BENEFITS Act (42 U.S.C. 1396a(a)(25)) is amended— ‘‘(2) The requirement of paragraph (1) shall (1) in subparagraph (G), by striking ‘‘and’’ at not apply to an alien who is eligible for medical SEC. 6041. STATE OPTION FOR ALTERNATIVE the end; assistance under this title— MEDICAID PREMIUMS AND COST SHARING. (2) in subparagraph (H), by adding ‘‘and’’ ‘‘(A) and is entitled to or enrolled for benefits (a) IN GENERAL.—Title XIX of the Social Se- after the semicolon at the end; and under any part of title XVIII; (3) by inserting after subparagraph (H), the ‘‘(B) on the basis of receiving supplemental security Act is amended by inserting after section following: curity income benefits under title XVI; or 1916 the following new section: ‘‘(I) that the State shall provide assurances ‘‘(C) on such other basis as the Secretary may ‘‘STATE OPTION FOR ALTERNATIVE PREMIUMS AND satisfactory to the Secretary that the State has specify under which satisfactory documentary COST SHARING in effect laws requiring health insurers, includ- evidence of citizenship or nationality had been ‘‘SEC. 1916A. (a) STATE FLEXIBILITY.— ing self-insured plans, group health plans (as previously presented. ‘‘(1) IN GENERAL.—Notwithstanding sections defined in section 607(1) of the Employee Retire- ‘‘(3)(A) For purposes of this subsection, the 1916 and 1902(a)(10)(B), a State, at its option ment Income Security Act of 1974), service ben- term ‘satisfactory documentary evidence of citi- and through a State plan amendment, may im- efit plans, managed care organizations, phar- zenship or nationality’ means— pose premiums and cost sharing for any group macy benefit managers, or other parties that ‘‘(i) any document described in subparagraph of individuals (as specified by the State) and for are, by statute, contract, or agreement, legally (B); or any type of services (other than drugs for which responsible for payment of a claim for a health ‘‘(ii) a document described in subparagraph cost sharing may be imposed under subsection care item or service, as a condition of doing (C) and a document described in subparagraph (c)), and may vary such premiums and cost business in the State, to— (D). sharing among such groups or types, consistent ‘‘(i) provide, with respect to individuals who ‘‘(B) The following are documents described in with the limitations established under this sec- are eligible for, or are provided, medical assist- this subparagraph: tion. Nothing in this section shall be construed ance under the State plan, upon the request of ‘‘(i) A United States passport. as superseding (or preventing the application of) the State, information to determine during what ‘‘(ii) Form N–550 or N–570 (Certificate of Natu- section 1916(g). period the individual or their spouses or their ralization). ‘‘(2) DEFINITIONS.—In this section:

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‘‘(A) PREMIUM.—The term ‘premium’ includes title IV to children in foster care and individ- ‘‘(2) COST SHARING.—Notwithstanding section any enrollment fee or similar charge. uals with respect to whom adoption or foster 1916(e) or any other provision of law, a State ‘‘(B) COST SHARING.—The term ‘cost sharing’ care assistance is made available under part E may permit a provider participating under the includes any deduction, copayment, or similar of such title, without regard to age. State plan to require, as a condition for the pro- charge. ‘‘(ii) Preventive services (such as well baby vision of care, items, or services to an individual ‘‘(b) LIMITATIONS ON EXERCISE OF AUTHOR- and well child care and immunizations) pro- entitled to medical assistance under this title for ITY.— vided to children under 18 years of age regard- such care, items, or services, the payment of any ‘‘(1) INDIVIDUALS WITH FAMILY INCOME BE- less of family income. cost sharing authorized to be imposed under this TWEEN 100 AND 150 PERCENT OF THE POVERTY ‘‘(iii) Services furnished to pregnant women, if section with respect to such care, items, or serv- LINE.—In the case of an individual whose family such services relate to the pregnancy or to any ices. Nothing in this paragraph shall be con- income exceeds 100 percent, but does not exceed other medical condition which may complicate strued as preventing a provider from reducing or 150 percent, of the poverty line applicable to a the pregnancy. waiving the application of such cost sharing on family of the size involved, subject to sub- ‘‘(iv) Services furnished to a terminally ill in- a case-by-case basis.’’. sections (c)(2) and (e)(2)(A)— dividual who is receiving hospice care (as de- (b) INDEXING NOMINAL COST SHARING AND ‘‘(A) no premium may be imposed under the fined in section 1905(o)). CONFORMING AMENDMENT.—Section 1916 of such plan; and ‘‘(v) Services furnished to any individual who Act (42 U.S.C. 1396o) is amended— ‘‘(B) with respect to cost sharing— is an inpatient in a hospital, nursing facility, (1) in subsection (f), by inserting ‘‘and section ‘‘(i) the cost sharing imposed under subsection intermediate care facility for the mentally re- 1916A’’ after ‘‘(b)(3)’’; and (a) with respect to any item or service may not tarded, or other medical institution, if such in- (2) by adding at the end the following new exceed 10 percent of the cost of such item or dividual is required, as a condition of receiving subsection: service; and services in such institution under the State ‘‘(h) In applying this section and subsections ‘‘(ii) the total aggregate amount of cost shar- plan, to spend for costs of medical care all but (c) and (e) of section 1916A, with respect to cost ing imposed under this section (including any a minimal amount of the individual’s income re- sharing that is ‘nominal’ in amount, the Sec- cost sharing imposed under subsection (c) or (e)) quired for personal needs. retary shall increase such ‘nominal’ amounts for for all individuals in the family may not exceed ‘‘(vi) Emergency services (as defined by the each year (beginning with 2006) by the annual 5 percent of the family income of the family in- Secretary for purposes of section 1916(a)(2)(D)). percentage increase in the medical care compo- volved, as applied on a quarterly or monthly ‘‘(vii) Family planning services and supplies nent of the consumer price index for all urban basis (as specified by the State). described in section 1905(a)(4)(C). consumers (U.S. city average) as rounded up in ‘‘(viii) Services furnished to women who are ‘‘(2) INDIVIDUALS WITH FAMILY INCOME ABOVE an appropriate manner.’’. receiving medical assistance by virtue of the ap- 150 PERCENT OF THE POVERTY LINE.—In the case (c) EFFECTIVE DATE.—The amendments made of an individual whose family income exceeds plication of sections 1902(a)(10)(A)(ii)(XVIII) by this section shall apply to cost sharing im- 150 percent of the poverty line applicable to a and 1902(aa). posed for items and services furnished on or ‘‘(C) CONSTRUCTION.—Nothing in this para- family of the size involved, subject to sub- after March 31, 2006. graph shall be construed as preventing a State sections (c)(2) and (e)(2)(A)— from exempting additional classes of individuals SEC. 6042. SPECIAL RULES FOR COST SHARING ‘‘(A) the total aggregate amount of premiums FOR PRESCRIPTION DRUGS. from premiums under this section or from ex- and cost sharing imposed under this section (in- (a) IN GENERAL.—Section 1916A of the Social empting additional individuals or services from cluding any cost sharing imposed under sub- Security Act, as inserted by section 6041(a), is cost sharing under subsection (a). section (c) or (e)) for all individuals in the fam- amended by inserting after subsection (b) the ‘‘(4) DETERMINATIONS OF FAMILY INCOME.—In ily may not exceed 5 percent of the family in- applying this subsection, family income shall be following new subsection: come of the family involved, as applied on a determined in a manner specified by the State ‘‘(c) SPECIAL RULES FOR COST SHARING FOR quarterly or monthly basis (as specified by the for purposes of this subsection, including the PRESCRIPTION DRUGS.— State); and use of such disregards as the State may provide. ‘‘(1) IN GENERAL.—In order to encourage bene- ‘‘(B) with respect to cost sharing, the cost Family income shall be determined for such pe- ficiaries to use drugs (in this subsection referred sharing imposed with respect to any item or riod and at such periodicity as the State may to as ‘preferred drugs’) identified by the State as service under subsection (a) may not exceed 20 provide under this title. the least (or less) costly effective prescription percent of the cost of such item or service. ‘‘(5) POVERTY LINE DEFINED.—For purposes of drugs within a class of drugs (as defined by the ‘‘(3) ADDITIONAL LIMITATIONS.— this section, the term ‘poverty line’ has the State), with respect to one or more groups of ‘‘(A) PREMIUMS.—No premiums shall be im- meaning given such term in section 673(2) of the beneficiaries specified by the State, subject to posed under this section with respect to the fol- Community Services Block Grant Act (42 U.S.C. paragraph (2), the State may— lowing: 9902(2)), including any revision required by such ‘‘(A) provide cost sharing (instead of the level ‘‘(i) Individuals under 18 years of age that are section. of cost sharing otherwise permitted under sec- required to be provided medical assistance under ‘‘(6) CONSTRUCTION.—Nothing in this section tion 1916, but subject to paragraphs (2) and (3)) section 1902(a)(10)(A)(i), and including individ- shall be construed— with respect to drugs that are not preferred uals with respect to whom aid or assistance is ‘‘(A) as preventing a State from further lim- drugs within a class; and made available under part B of title IV to chil- iting the premiums and cost sharing imposed ‘‘(B) waive or reduce the cost sharing other- dren in foster care and individuals with respect under this section beyond the limitations pro- wise applicable for preferred drugs within such to whom adoption or foster care assistance is vided under this section; class and shall not apply any such cost sharing made available under part E of such title, with- ‘‘(B) as affecting the authority of the Sec- for such preferred drugs for individuals for out regard to age. retary through waiver to modify limitations on whom cost sharing may not otherwise be im- ‘‘(ii) Pregnant women. premiums and cost sharing under this section; or posed under subsection (b)(3)(B). ‘‘(iii) Any terminally ill individual who is re- ‘‘(C) as affecting any such waiver of require- ‘‘(2) LIMITATIONS.— ceiving hospice care (as defined in section ments in effect under this title before the date of ‘‘(A) BY INCOME GROUP.—In no case may the 1905(o)). the enactment of this section with regard to the cost sharing under paragraph (1)(A) with re- ‘‘(iv) Any individual who is an inpatient in a imposition of premiums and cost sharing. spect to a non-preferred drug exceed— hospital, nursing facility, intermediate care fa- ‘‘(d) ENFORCEABILITY OF PREMIUMS AND ‘‘(i) in the case of an individual whose family cility for the mentally retarded, or other medical OTHER COST SHARING.— income does not exceed 150 percent of the pov- institution, if such individual is required, as a ‘‘(1) PREMIUMS.—Notwithstanding section erty line applicable to a family of the size in- condition of receiving services in such institu- 1916(c)(3) and section 1902(a)(10)(B), a State volved, the amount of nominal cost sharing (as tion under the State plan, to spend for costs of may, at its option, condition the provision of otherwise determined under section 1916); or medical care all but a minimal amount of the in- medical assistance for an individual upon pre- ‘‘(ii) in the case of an individual whose family dividual’s income required for personal needs. payment of a premium authorized to be imposed income exceeds 150 percent of the poverty line ‘‘(v) Women who are receiving medical assist- under this section, or may terminate eligibility applicable to a family of the size involved, 20 ance by virtue of the application of sections for such medical assistance on the basis of fail- percent of the cost of the drug. 1902(a)(10)(A)(ii)(XVIII) and 1902(aa). ure to pay such a premium but shall not termi- ‘‘(B) LIMITATION TO NOMINAL FOR EXEMPT ‘‘(B) COST SHARING.—Subject to the suc- nate eligibility of an individual for medical as- POPULATIONS.—In the case of an individual who ceeding provisions of this section, no cost shar- sistance under this title on the basis of failure is otherwise not subject to cost sharing due to ing shall be imposed under subsection (a) with to pay any such premium until such failure con- the application of subsection (b)(3)(B), any cost respect to the following: tinues for a period of not less than 60 days. A sharing under paragraph (1)(A) with respect to ‘‘(i) Services furnished to individuals under 18 State may apply the previous sentence for some a non-preferred drug may not exceed a nominal years of age that are required to be provided or all groups of beneficiaries as specified by the amount (as otherwise determined under section medical assistance under section State and may waive payment of any such pre- 1916). 1902(a)(10)(A)(i), and including services fur- mium in any case where the State determines ‘‘(C) CONTINUED APPLICATION OF AGGREGATE nished to individuals with respect to whom aid that requiring such payment would create an CAP.—In addition to the limitations imposed or assistance is made available under part B of undue hardship. under subparagraphs (A) and (B), any cost

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 604 CONGRESSIONAL RECORD—HOUSE February 1, 2006 sharing under paragraph (1)(A) continues to be (b)(3), a State may impose cost sharing under ular access to providers of primary care services; subject to the aggregate cap on cost sharing ap- paragraph (1) for care in an amount that does or plied under paragraph (1) or (2) of subsection not exceed a nominal amount (as otherwise de- ‘‘(B) are in partnership with local community (b), as the case may be. termined under section 1916) so long as no cost hospitals. ‘‘(3) WAIVER.—In carrying out paragraph (1), sharing is imposed to receive such care through ‘‘(4) FORM AND MANNER OF PAYMENT.—Pay- a State shall provide for the application of cost an outpatient department or other alternative ment to a State under this subsection shall be sharing levels applicable to a preferred drug in health care provider in the geographic area of made only upon the filing of such application in the case of a drug that is not a preferred drug the hospital emergency department involved. such form and in such manner as the Secretary if the prescribing physician determines that the ‘‘(C) CONTINUED APPLICATION OF AGGREGATE shall specify. Payment to a State under this preferred drug for treatment of the same condi- CAP; RELATION TO OTHER COST SHARING.—In ad- subsection shall be made in the same manner as tion either would not be as effective for the indi- dition to the limitations imposed under subpara- other payments under section 1903(a).’’. vidual or would have adverse effects for the in- graphs (A) and (B), any cost sharing under (c) EFFECTIVE DATE.—The amendments made dividual or both. paragraph (1) is subject to the aggregate cap on by this section shall apply to non-emergency ‘‘(4) EXCLUSION AUTHORITY.—Nothing in this cost sharing applied under paragraph (1) or (2) services furnished on or after January 1, 2007. subsection shall be construed as preventing a of subsection (b), as the case may be. Cost shar- SEC. 6044. USE OF BENCHMARK BENEFIT PACK- State from excluding specified drugs or classes ing imposed for services under this subsection AGES. of drugs from the application of paragraph shall be instead of any cost sharing that may be (a) IN GENERAL.—Title XIX of the Social Se- (1).’’. imposed for such services under subsection (a). curity Act, as amended by section 6035, is (b) EFFECTIVE DATE.—The amendment made ‘‘(3) CONSTRUCTION.—Nothing in this section amended by redesignating section 1937 as sec- by subsection (a) shall apply to cost sharing im- shall be construed— tion 1938 and by inserting after section 1936 the posed for items and services furnished on or ‘‘(A) to limit a hospital’s obligations with re- following new section: after March 31, 2006. spect to screening and stabilizing treatment of ‘‘STATE FLEXIBILITY IN BENEFIT PACKAGES an emergency medical condition under section SEC. 6043. EMERGENCY ROOM COPAYMENTS FOR ‘‘SEC. 1937. (a) STATE OPTION OF PROVIDING 1867; or NON-EMERGENCY CARE. BENCHMARK BENEFITS.— ‘‘(B) to modify any obligations under either (a) IN GENERAL.—Section 1916A of the Social ‘‘(1) AUTHORITY.— State or Federal standards relating to the appli- Security Act, as inserted by section 6041 and as ‘‘(A) IN GENERAL.—Notwithstanding any other cation of a prudent-layperson standard with re- amended by section 6042, is further amended by provision of this title, a State, at its option as a spect to payment or coverage of emergency serv- adding at the end the following new subsection: State plan amendment, may provide for medical ices by any managed care organization. ‘‘(e) STATE OPTION FOR PERMITTING HOS- assistance under this title to individuals within ‘‘(4) DEFINITIONS.—For purposes of this sub- PITALS TO IMPOSE COST SHARING FOR NON- one or more groups of individuals specified by section: EMERGENCY CARE FURNISHED IN AN EMERGENCY ‘‘(A) NON-EMERGENCY SERVICES.—The term the State through enrollment in coverage that DEPARTMENT.— ‘non-emergency services’ means any care or provides— ‘‘(1) IN GENERAL.—Notwithstanding section services furnished in an emergency department ‘‘(i) benchmark coverage described in sub- 1916 and section 1902(a)(1) or the previous provi- of a hospital that the physician determines do section (b)(1) or benchmark equivalent coverage sions of this section, but subject to the limita- not constitute an appropriate medical screening described in subsection (b)(2); and tions of paragraph (2), a State may, by amend- examination or stabilizing examination and ‘‘(ii) for any child under 19 years of age who ment to its State plan under this title, permit a treatment required to be provided by the hos- is covered under the State plan under section hospital to impose cost sharing for non-emer- pital under section 1867. 1902(a)(10)(A), wrap-around benefits to the gency services furnished to an individual (with- ‘‘(B) ALTERNATE NON-EMERGENCY SERVICES benchmark coverage or benchmark equivalent in one or more groups of individuals specified by PROVIDER.—The term ‘alternative non-emer- coverage consisting of early and periodic screen- the State) in the hospital emergency department gency services provider’ means, with respect to ing, diagnostic, and treatment services defined under this subsection if the following conditions non-emergency services for the diagnosis or in section 1905(r). are met: treatment of a condition, a health care provider, ‘‘(B) LIMITATION.—The State may only exer- ‘‘(A) ACCESS TO NON-EMERGENCY ROOM PRO- such as a physician’s office, health care clinic, cise the option under subparagraph (A) for an VIDER.—The individual has actually available community health center, hospital outpatient individual eligible under an eligibility category and accessible (as such terms are applied by the department, or similar health care provider, that that had been established under the State plan Secretary under section 1916(b)(3)) an alternate can provide clinically appropriate services for on or before the date of the enactment of this non-emergency services provider with respect to the diagnosis or treatment of a condition con- section. such services. temporaneously with the provision of the non- ‘‘(C) OPTION OF WRAP-AROUND BENEFITS.—In ‘‘(B) NOTICE.—The hospital must inform the emergency services that would be provided in an the case of coverage described in subparagraph beneficiary after receiving an appropriate med- emergency department of a hospital for the di- (A), a State, at its option, may provide such ical screening examination under section 1867 agnosis or treatment of a condition, and that is wrap-around or additional benefits as the State and after a determination has been made that participating in the program under this title.’’. may specify. the individual does not have an emergency med- (b) GRANT FUNDS FOR ESTABLISHMENT OF AL- ‘‘(D) TREATMENT AS MEDICAL ASSISTANCE.— ical condition, but before providing the non- TERNATE NON-EMERGENCY SERVICES PRO- Payment of premiums for such coverage under emergency services, of the following: VIDERS.—Section 1903 of the Social Security Act this subsection shall be treated as payment of ‘‘(i) The hospital may require the payment of (42 U.S.C. 1396b), as amended by section other insurance premiums described in the third the State specified cost sharing before the serv- 6037(a)(2), is amended by adding at the end the sentence of section 1905(a). ice can be provided. following new subsection: ‘‘(2) APPLICATION.— ‘‘(ii) The name and location of an alternate ‘‘(y) PAYMENTS FOR ESTABLISHMENT OF AL- ‘‘(A) IN GENERAL.—Except as provided in sub- non-emergency services provider (described in TERNATE NON-EMERGENCY SERVICES PRO- paragraph (B), a State may require that a full- subparagraph (A)) that is actually available VIDERS.— benefit eligible individual (as defined in sub- and accessible (as described in such subpara- ‘‘(1) PAYMENTS.—In addition to the payments paragraph (C)) within a group obtain benefits graph). otherwise provided under subsection (a), subject under this title through enrollment in coverage ‘‘(iii) The fact that such alternate provider to paragraph (2), the Secretary shall provide for described in paragraph (1)(A). A State may can provide the services without the imposition payments to States under such subsection for apply the previous sentence to individuals with- of cost sharing described in clause (i). the establishment of alternate non-emergency in 1 or more groups of such individuals. ‘‘(iv) The hospital provides a referral to co- service providers (as defined in section ‘‘(B) LIMITATION ON APPLICATION.—A State ordinate scheduling of this treatment. 1916A(e)(5)(B)), or networks of such providers. may not require under subparagraph (A) an in- Nothing in this subsection shall be construed as ‘‘(2) LIMITATION.—The total amount of pay- dividual to obtain benefits through enrollment preventing a State from applying (or waiving) ments under this subsection shall not exceed described in paragraph (1)(A) if the individual cost sharing otherwise permissible under this $50,000,000 during the 4-year period beginning is within one of the following categories of indi- section to services described in clause (iii). with 2006. This subsection constitutes budget viduals: ‘‘(2) LIMITATIONS.— authority in advance of appropriations Acts and ‘‘(i) MANDATORY PREGNANT WOMEN.—The in- ‘‘(A) FOR POOREST BENEFICIARIES.—In the represents the obligation of the Secretary to pro- dividual is a pregnant woman who is required to case of an individual described in subsection vide for the payment of amounts provided under be covered under the State plan under section (b)(1), the cost sharing imposed under this sub- this subsection. 1902(a)(10)(A)(i). section may not exceed twice the amount deter- ‘‘(3) PREFERENCE.—In providing for payments ‘‘(ii) BLIND OR DISABLED INDIVIDUALS.—The mined to be nominal under section 1916, subject to States under this subsection, the Secretary individual qualifies for medical assistance under to the percent of income limitation otherwise ap- shall provide preference to States that establish, the State plan on the basis of being blind or dis- plicable under subsection (b)(1). or provide for, alternate non-emergency services abled (or being treated as being blind or dis- ‘‘(B) APPLICATION TO EXEMPT POPULATIONS.— providers or networks of such providers that— abled) without regard to whether the individual In the case of an individual who is otherwise ‘‘(A) serve rural or underserved areas where is eligible for supplemental security income ben- not subject to cost sharing under subsection beneficiaries under this title may not have reg- efits under title XVI on the basis of being blind

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or disabled and including an individual who is plan, described in and offered under section ‘‘(4) COVERAGE OF RURAL HEALTH CLINIC AND eligible for medical assistance on the basis of 8903(1) of title 5, United States Code. FQHC SERVICES.—Notwithstanding the previous section 1902(e)(3). ‘‘(B) STATE EMPLOYEE COVERAGE.—A health provisions of this section, a State may not pro- ‘‘(iii) DUAL ELIGIBLES.—The individual is enti- benefits coverage plan that is offered and gen- vide for medical assistance through enrollment tled to benefits under any part of title XVIII. erally available to State employees in the State of an individual with benchmark coverage or ‘‘(iv) TERMINALLY ILL HOSPICE PATIENTS.—The involved. benchmark equivalent coverage under this sec- individual is terminally ill and is receiving bene- ‘‘(C) COVERAGE OFFERED THROUGH HMO.—The tion unless— fits for hospice care under this title. health insurance coverage plan that— ‘‘(A) the individual has access, through such ‘‘(v) ELIGIBLE ON BASIS OF INSTITUTIONALIZA- ‘‘(i) is offered by a health maintenance orga- coverage or otherwise, to services described in TION.—The individual is an inpatient in a hos- nization (as defined in section 2791(b)(3) of the subparagraphs (B) and (C) of section 1905(a)(2); pital, nursing facility, intermediate care facility Public Health Service Act), and and for the mentally retarded, or other medical insti- ‘‘(ii) has the largest insured commercial, non- ‘‘(B) payment for such services is made in ac- tution, and is required, as a condition of receiv- medicaid enrollment of covered lives of such cov- cordance with the requirements of section ing services in such institution under the State erage plans offered by such a health mainte- 1902(bb).’’. plan, to spend for costs of medical care all but nance organization in the State involved. (b) EFFECTIVE DATE.—The amendment made a minimal amount of the individual’s income re- ‘‘(D) SECRETARY-APPROVED COVERAGE.—Any by subsection (a) takes effect on March 31, 2006. quired for personal needs. other health benefits coverage that the Sec- CHAPTER 5—STATE FINANCING UNDER ‘‘(vi) MEDICALLY FRAIL AND SPECIAL MEDICAL retary determines, upon application by a State, MEDICAID NEEDS INDIVIDUALS.—The individual is medi- provides appropriate coverage for the population proposed to be provided such coverage. SEC. 6051. MANAGED CARE ORGANIZATION PRO- cally frail or otherwise an individual with spe- VIDER TAX REFORM. ‘‘(2) BENCHMARK-EQUIVALENT COVERAGE.—For cial medical needs (as identified in accordance (a) IN GENERAL.—Section 1903(w)(7)(A)(viii) of with regulations of the Secretary). purposes of subsection (a)(1), coverage that meets the following requirement shall be consid- the Social Security Act (42 U.S.C. ‘‘(vii) BENEFICIARIES QUALIFYING FOR LONG- 1396b(w)(7)(A)(viii)) is amended to read as fol- TERM CARE SERVICES.—The individual qualifies ered to be benchmark-equivalent coverage: ‘‘(A) INCLUSION OF BASIC SERVICES.—The cov- lows: based on medical condition for medical assist- ‘‘(viii) Services of managed care organizations ance for long-term care services described in sec- erage includes benefits for items and services within each of the following categories of basic (including health maintenance organizations, tion 1917(c)(1)(C). preferred provider organizations, and such other ‘‘(viii) CHILDREN IN FOSTER CARE RECEIVING services: ‘‘(i) Inpatient and outpatient hospital serv- similar organizations as the Secretary may CHILD WELFARE SERVICES AND CHILDREN RECEIV- ices. specify by regulation).’’. ING FOSTER CARE OR ADOPTION ASSISTANCE.—The ‘‘(ii) Physicians’ surgical and medical serv- (b) EFFECTIVE DATE.— individual is an individual with respect to whom ices. (1) IN GENERAL.—Subject to paragraph (2), the aid or assistance is made available under part B ‘‘(iii) Laboratory and x-ray services. amendment made by subsection (a) shall be ef- of title IV to children in foster care and individ- ‘‘(iv) Well-baby and well-child care, including fective as of the date of the enactment of this uals with respect to whom adoption or foster age-appropriate immunizations. Act. care assistance is made available under part E ‘‘(v) Other appropriate preventive services, as (2) DELAY IN EFFECTIVE DATE.— of such title, without regard to age. designated by the Secretary. (A) IN GENERAL.—Subject to subparagraph ‘‘(ix) TANF AND SECTION 1931 PARENTS.—The ‘‘(B) AGGREGATE ACTUARIAL VALUE EQUIVA- (B), in the case of a State specified in subpara- individual qualifies for medical assistance on LENT TO BENCHMARK PACKAGE.—The coverage graph (B), the amendment made by subsection the basis of eligibility to receive assistance has an aggregate actuarial value that is at least (a) shall be effective as of October 1, 2009. under a State plan funded under part A of title actuarially equivalent to one of the benchmark (B) SPECIFIED STATES.—For purposes of sub- IV (as in effect on or after the welfare reform ef- benefit packages described in paragraph (1). paragraph (A), the States specified in this sub- fective date defined in section 1931(i)). ‘‘(C) SUBSTANTIAL ACTUARIAL VALUE FOR AD- paragraph are States that have enacted a law ‘‘(x) WOMEN IN THE BREAST OR CERVICAL CAN- DITIONAL SERVICES INCLUDED IN BENCHMARK providing for a tax on the services of a Medicaid CER PROGRAM.—The individual is a woman who PACKAGE.—With respect to each of the following managed care organization with a contract is receiving medical assistance by virtue of the categories of additional services for which cov- under section 1903(m) of the Social Security Act application of sections 1902(a)(10)(A)(ii)(XVIII) erage is provided under the benchmark benefit as of December 8, 2005. and 1902(aa). package used under subparagraph (B), the cov- (c) CLARIFICATION REGARDING NON-REGULA- ‘‘(xi) LIMITED SERVICES BENEFICIARIES.—The erage has an actuarial value that is equal to at TION OF TRANSFERS.— individual— least 75 percent of the actuarial value of the (1) IN GENERAL.—Nothing in section 1903(w) of ‘‘(I) qualifies for medical assistance on the coverage of that category of services in such the Social Security Act (42 U.S.C. 1396b(w)) basis of section 1902(a)(10)(A)(ii)(XII); or package: shall be construed by the Secretary of Health ‘‘(II) is not a qualified alien (as defined in ‘‘(i) Coverage of prescription drugs. and Human Services as prohibiting a State’s use section 431 of the Personal Responsibility and ‘‘(ii) Mental health services. of funds as the non-Federal share of expendi- Work Opportunity Reconciliation Act of 1996) ‘‘(iii) Vision services. tures under title XIX of such Act where such and receives care and services necessary for the ‘‘(iv) Hearing services. funds are transferred from or certified by a pub- treatment of an emergency medical condition in ‘‘(3) DETERMINATION OF ACTUARIAL VALUE.— licly-owned regional medical center located in accordance with section 1903(v). The actuarial value of coverage of benchmark another State and described in paragraph (2), so ‘‘(C) FULL-BENEFIT ELIGIBLE INDIVIDUALS.— benefit packages shall be set forth in an actu- long as the Secretary determines that such use ‘‘(i) IN GENERAL.—For purposes of this para- arial opinion in an actuarial report that has of funds is proper and in the interest of the pro- graph, subject to clause (ii), the term ‘full-ben- been prepared— gram under title XIX. efit eligible individual’ means for a State for a ‘‘(A) by an individual who is a member of the (2) CENTER DESCRIBED.—A center described in month an individual who is determined eligible American Academy of Actuaries; this paragraph is a publicly-owned regional by the State for medical assistance for all serv- ‘‘(B) using generally accepted actuarial prin- medical center that— ices defined in section 1905(a) which are covered ciples and methodologies; (A) provides level 1 trauma and burn care under the State plan under this title for such ‘‘(C) using a standardized set of utilization services; month under section 1902(a)(10)(A) or under any and price factors; (B) provides level 3 neonatal care services; other category of eligibility for medical assist- ‘‘(D) using a standardized population that is (C) is obligated to serve all patients, regardless ance for all such services under this title, as de- representative of the population involved; of State of origin; termined by the Secretary. ‘‘(E) applying the same principles and factors (D) is located within a Standard Metropolitan ‘‘(ii) EXCLUSION OF MEDICALLY NEEDY AND in comparing the value of different coverage (or Statistical Area (SMSA) that includes at least 3 SPEND-DOWN POPULATIONS.—Such term shall not categories of services); States, including the States described in para- include an individual determined to be eligible ‘‘(F) without taking into account any dif- graph (1); by the State for medical assistance under section ferences in coverage based on the method of de- (E) serves as a tertiary care provider for pa- 1902(a)(10)(C) or by reason of section 1902(f) or livery or means of cost control or utilization tients residing within a 125-mile radius; and otherwise eligible based on a reduction of in- used; and (F) meets the criteria for a disproportionate come based on costs incurred for medical or ‘‘(G) taking into account the ability of a State share hospital under section 1923 of such Act in other remedial care. to reduce benefits by taking into account the in- at least one State other than the one in which ‘‘(b) BENCHMARK BENEFIT PACKAGES.— crease in actuarial value of benefits coverage of- the center is located. ‘‘(1) IN GENERAL.—For purposes of subsection fered under this title that results from the limi- (3) EFFECTIVE PERIOD.—This subsection shall (a)(1), each of the following coverages shall be tations on cost sharing under such coverage. apply through December 31, 2006. considered to be benchmark coverage: The actuary preparing the opinion shall select SEC. 6052. REFORMS OF CASE MANAGEMENT AND ‘‘(A) FEHBP-EQUIVALENT HEALTH INSURANCE and specify in the memorandum the standard- TARGETED CASE MANAGEMENT. COVERAGE.—The standard Blue Cross/Blue ized set and population to be used under sub- (a) IN GENERAL.—Section 1915(g) of the Social Shield preferred provider option service benefit paragraphs (C) and (D). Security Act (42 U.S.C. 1396n(g)(2)) is amended

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 606 CONGRESSIONAL RECORD—HOUSE February 1, 2006 by striking paragraph (2) and inserting the fol- under the State plan or, in the case of targeted under section 1923 of the Social Security Act (42 lowing: case management services, individuals who are U.S.C. 1396r–4) for fiscal year 2006 and each ‘‘(2) For purposes of this subsection: eligible for such assistance but are not part of subsequent fiscal year, the table in subsection ‘‘(A)(i) The term ‘case management services’ the target population specified in the State (f)(2) of such section is amended under each of means services which will assist individuals eli- plan, such contacts— the columns for fiscal year 2000, fiscal year 2001, gible under the plan in gaining access to needed ‘‘(A) are considered an allowable case man- and fiscal year 2002, in the entry for the District medical, social, educational, and other services. agement activity, when the purpose of the con- of Columbia by striking ‘‘32’’ and inserting ‘‘(ii) Such term includes the following: tact is directly related to the management of the ‘‘49’’. ‘‘(I) Assessment of an eligible individual to de- eligible individual’s care; and (b) EFFECTIVE DATE.—The amendments made termine service needs, including activities that ‘‘(B) are not considered an allowable case by subsection (a) shall take effect as if enacted focus on needs identification, to determine the management activity if such contacts relate di- on October 1, 2005, and shall only apply to dis- need for any medical, educational, social, or rectly to the identification and management of proportionate share hospital adjustment ex- other services. Such assessment activities in- the noneligible or nontargeted individual’s penditures applicable to fiscal year 2006 and clude the following: needs and care. subsequent fiscal years made on or after that ‘‘(aa) Taking client history. ‘‘(4)(A) In accordance with section 1902(a)(25), date. ‘‘(bb) Identifying the needs of the individual, Federal financial participation only is available SEC. 6055. INCREASE IN MEDICAID PAYMENTS TO and completing related documentation. under this title for case management services or INSULAR AREAS. ‘‘(cc) Gathering information from other targeted case management services if there are Section 1108(g) of the Social Security Act (42 sources such as family members, medical pro- no other third parties liable to pay for such U.S.C. 1308(g)) is amended— viders, social workers, and educators, if nec- services, including as reimbursement under a (1) in paragraph (2), by inserting ‘‘and subject essary, to form a complete assessment of the eli- medical, social, educational, or other program. to paragraph (3)’’ after ‘‘subsection (f)’’; and gible individual. ‘‘(B) A State shall allocate the costs of any (2) by adding at the end the following new ‘‘(II) Development of a specific care plan part of such services which are reimbursable paragraph: ‘‘(3) FISCAL YEARS 2006 AND 2007 FOR CERTAIN based on the information collected through an under another federally funded program in ac- INSULAR AREAS.—The amounts otherwise deter- assessment, that specifies the goals and actions cordance with OMB Circular A–87 (or any re- mined under this subsection for Puerto Rico, the to address the medical, social, educational, and lated or successor guidance or regulations re- Virgin Islands, Guam, the Northern Mariana Is- other services needed by the eligible individual, garding allocation of costs among federally lands, and American Samoa for fiscal year 2006 including activities such as ensuring the active funded programs) under an approved cost allo- and fiscal year 2007 shall be increased by the participation of the eligible individual and cation program. ‘‘(5) Nothing in this subsection shall be con- following amounts: working with the individual (or the individual’s ‘‘(A) For Puerto Rico, $12,000,000 for fiscal authorized health care decision maker) and oth- strued as affecting the application of rules with respect to third party liability under programs, year 2006 and $12,000,000 for fiscal year 2007. ers to develop such goals and identify a course ‘‘(B) For the Virgin Islands, $2,500,000 for fis- or activities carried out under title XXVI of the of action to respond to the assessed needs of the cal year 2006 and $5,000,000 for fiscal year 2007. eligible individual. Public Health Service Act or by the Indian ‘‘(C) For Guam, $2,500,000 for fiscal year 2006 ‘‘(III) Referral and related activities to help Health Service.’’. and $5,000,000 for fiscal year 2007. an individual obtain needed services, including (b) REGULATIONS.—The Secretary shall pro- ‘‘(D) For the Northern Mariana Islands, activities that help link eligible individuals with mulgate regulations to carry out the amendment $1,000,000 for fiscal year 2006 and $2,000,000 for medical, social, educational providers or other made by subsection (a) which may be effective fiscal year 2007. programs and services that are capable of pro- and final immediately on an interim basis as of ‘‘(E) For American Samoa, $2,000,000 for fiscal viding needed services, such as making referrals the date of publication of the interim final regu- year 2006 and $4,000,000 for fiscal year 2007. to providers for needed services and scheduling lation. If the Secretary provides for an interim Such amounts shall not be taken into account appointments for the individual. final regulation, the Secretary shall provide for in applying paragraph (2) for fiscal year 2007 ‘‘(IV) Monitoring and followup activities, in- a period of public comments on such regulation but shall be taken into account in applying such cluding activities and contacts that are nec- after the date of publication. The Secretary may paragraph for fiscal year 2008 and subsequent essary to ensure the care plan is effectively im- change or revise such regulation after comple- fiscal years.’’. plemented and adequately addressing the needs tion of the period of public comment. CHAPTER 6—OTHER PROVISIONS (c) EFFECTIVE DATE.—The amendment made of the eligible individual, and which may be Subchapter A—Family Opportunity Act with the individual, family members, providers, by subsection (a) shall take effect on January 1, 2006. SEC. 6061. SHORT TITLE OF SUBCHAPTER. or other entities and conducted as frequently as This subchapter may be cited as the ‘‘Family SEC. 6053. ADDITIONAL FMAP ADJUSTMENTS. necessary to help determine such matters as— Opportunity Act of 2005’’ or the ‘‘Dylan Lee (a) HOLD HARMLESS FOR CERTAIN DE- ‘‘(aa) whether services are being furnished in James Act’’. accordance with an individual’s care plan; CREASE.—Notwithstanding the first sentence of SEC. 6062. OPPORTUNITY FOR FAMILIES OF DIS- ‘‘(bb) whether the services in the care plan are section 1905(b) of the Social Security Act (42 ABLED CHILDREN TO PURCHASE adequate; and U.S.C. 1396d(b)), if, for purposes of titles XIX MEDICAID COVERAGE FOR SUCH ‘‘(cc) whether there are changes in the needs and XXI of the Social Security Act (42 U.S.C. CHILDREN. or status of the eligible individual, and if so, 1396 et seq., 1397aa et seq.), the Federal medical (a) STATE OPTION TO ALLOW FAMILIES OF making necessary adjustments in the care plan assistance percentage determined for the State DISABLED CHILDREN TO PURCHASE MEDICAID and service arrangements with providers. specified in section 4725(a) of Public Law 105–33 COVERAGE FOR SUCH CHILDREN.— ‘‘(iii) Such term does not include the direct de- for fiscal year 2006 or fiscal year 2007 is less (1) IN GENERAL.—Section 1902 of the Social Se- livery of an underlying medical, educational, than the Federal medical assistance percentage curity Act (42 U.S.C. 1396a) is amended— social, or other service to which an eligible indi- determined for such State for fiscal year 2005, (A) in subsection (a)(10)(A)(ii)— vidual has been referred, including, with respect the Federal medical assistance percentage deter- (i) by striking ‘‘or’’ at the end of subclause to the direct delivery of foster care services, mined for such State for fiscal year 2005 shall be (XVII); services such as (but not limited to) the fol- substituted for the Federal medical assistance (ii) by adding ‘‘or’’ at the end of subclause lowing: percentage otherwise determined for such State (XVIII); and ‘‘(I) Research gathering and completion of for fiscal year 2006 or fiscal year 2007, as the (iii) by adding at the end the following new documentation required by the foster care pro- case may be. subclause: ‘‘(XIX) who are disabled children described in gram. (b) HOLD HARMLESS FOR KATRINA IMPACT.— Notwithstanding any other provision of law, for subsection (cc)(1);’’; and ‘‘(II) Assessing adoption placements. (B) by adding at the end the following new purposes of titles XIX and XXI of the Social Se- ‘‘(III) Recruiting or interviewing potential fos- subsection: ter care parents. curity Act, the Secretary of Health and Human ‘‘(cc)(1) Individuals described in this para- ‘‘(IV) Serving legal papers. Services, in computing the Federal medical as- graph are individuals— ‘‘(V) Home investigations. sistance percentage under section 1905(b) of ‘‘(A) who are children who have not attained ‘‘(VI) Providing transportation. such Act (42 U.S.C. 1396d(b)) for any year after 19 years of age and are born— ‘‘(VII) Administering foster care subsidies. 2006 for a State that the Secretary determines ‘‘(i) on or after January 1, 2001 (or, at the op- ‘‘(VIII) Making placement arrangements. has a significant number of evacuees who were tion of a State, on or after an earlier date), in ‘‘(B) The term ‘targeted case management evacuated to, and live in, the State as a result the case of the second, third, and fourth quar- services’ are case management services that are of Hurricane Katrina as of October 1, 2005, shall ters of fiscal year 2007; furnished without regard to the requirements of disregard such evacuees (and income attrib- ‘‘(ii) on or after October 1, 1995 (or, at the op- section 1902(a)(1) and section 1902(a)(10)(B) to utable to such evacuees) from such computation. tion of a State, on or after an earlier date), in specific classes of individuals or to individuals SEC. 6054. DSH ALLOTMENT FOR THE DISTRICT the case of each quarter of fiscal year 2008; and who reside in specified areas. OF COLUMBIA. ‘‘(iii) after October 1, 1989, in the case of each ‘‘(3) With respect to contacts with individuals (a) IN GENERAL.—For purposes of determining quarter of fiscal year 2009 and each quarter of who are not eligible for medical assistance the DSH allotment for the District of Columbia any fiscal year thereafter;

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‘‘(B) who would be considered disabled under ‘‘(ii) exceeds 200, but does not exceed 300, per- (c) TERMS OF DEMONSTRATION PROJECTS.— section 1614(a)(3)(C) (as determined under title cent of the poverty line, the aggregate amount (1) IN GENERAL.—Except as otherwise provided XVI for children but without regard to any in- of such premium and any premium that the par- in this section, a demonstration project shall be come or asset eligibility requirements that apply ent is required to pay for family coverage under subject to the same terms and conditions as under such title with respect to children); and section 1902(cc)(2)(A)(i) and other cost-sharing apply to a waiver under section 1915(c) of the ‘‘(C) whose family income does not exceed charges do not exceed 7.5 percent of the family’s Social Security Act (42 U.S.C. 1396n(c)), includ- such income level as the State establishes and income; and ing the waiver of certain requirements under the does not exceed— ‘‘(B) the requirement is imposed consistent first sentence of paragraph (3) of such section ‘‘(i) 300 percent of the poverty line (as defined with section 1902(cc)(2)(A)(ii)(I). but not applying the second sentence of such in section 2110(c)(5)) applicable to a family of ‘‘(3) A State shall not require prepayment of a paragraph. the size involved; or premium imposed pursuant to paragraph (1) and (2) BUDGET NEUTRALITY.—In conducting the ‘‘(ii) such higher percent of such poverty line shall not terminate eligibility of a child under demonstration projects under this section, the as a State may establish, except that— section 1902(a)(10)(A)(ii)(XIX) for medical as- Secretary shall ensure that the aggregate pay- ‘‘(I) any medical assistance provided to an in- sistance under this title on the basis of failure ments made by the Secretary under title XIX of dividual whose family income exceeds 300 per- to pay any such premium until such failure con- the Social Security Act (42 U.S.C. 1396 et seq.) cent of such poverty line may only be provided tinues for a period of at least 60 days from the do not exceed the amount which the Secretary with State funds; and date on which the premium became past due. estimates would have been paid under that title ‘‘(II) no Federal financial participation shall The State may waive payment of any such pre- if the demonstration projects under this section be provided under section 1903(a) for any med- mium in any case where the State determines had not been implemented. ical assistance provided to such an individual.’’. that requiring such payment would create an (3) EVALUATION.—The application for a dem- (2) INTERACTION WITH EMPLOYER-SPONSORED undue hardship.’’. onstration project shall include an assurance to FAMILY COVERAGE.—Section 1902(cc) of such Act (c) CONFORMING AMENDMENTS.—(1) Section provide for such interim and final evaluations (42 U.S.C. 1396a(cc)), as added by paragraph 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is of the demonstration project by independent (1)(B), is amended by adding at the end the fol- amended in the matter preceding subparagraph third parties, and for such interim and final re- lowing new paragraph: (A), by inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after ports to the Secretary, as the Secretary may re- ‘‘(2)(A) If an employer of a parent of an indi- ‘‘1902(a)(10)(A)(ii)(XVIII),’’. quire. vidual described in paragraph (1) offers family (2) Section 1905(u)(2)(B) of such Act (42 U.S.C. (d) PAYMENTS TO STATES; LIMITATIONS TO coverage under a group health plan (as defined 1396d(u)(2)(B)) is amended by adding at the end SCOPE AND FUNDING.— in section 2791(a) of the Public Health Service the following sentence: ‘‘Such term excludes any (1) IN GENERAL.—Subject to paragraph (2), a Act), the State shall— child eligible for medical assistance only by rea- demonstration project approved by the Secretary ‘‘(i) notwithstanding section 1906, require son of section 1902(a)(10)(A)(ii)(XIX).’’. under this section shall be treated as a home such parent to apply for, enroll in, and pay pre- (d) EFFECTIVE DATE.—The amendments made and community-based waiver program under miums for such coverage as a condition of such by this section shall apply to medical assistance section 1915(c) of the Social Security Act (42 parent’s child being or remaining eligible for for items and services furnished on or after Jan- U.S.C. 1396n(c)) for purposes of payment under medical assistance under subsection uary 1, 2007. section 1903 of such Act (42 U.S.C. 1396b). (a)(10)(A)(ii)(XIX) if the parent is determined SEC. 6063. DEMONSTRATION PROJECTS REGARD- (2) LIMITATION.—In no case may the amount eligible for such coverage and the employer con- ING HOME AND COMMUNITY-BASED of payments made by the Secretary under this ALTERNATIVES TO PSYCHIATRIC tributes at least 50 percent of the total cost of RESIDENTIAL TREATMENT FACILI- section for State demonstration projects for a annual premiums for such coverage; and TIES FOR CHILDREN. fiscal year exceed the amount available under ‘‘(ii) if such coverage is obtained— (a) IN GENERAL.—The Secretary is authorized subsection (f)(2)(A) for such fiscal year. ‘‘(I) subject to paragraph (2) of section to conduct, during each of fiscal years 2007 (e) SECRETARY’S EVALUATION AND REPORT.— 1916(h), reduce the premium imposed by the through 2011, demonstration projects (each in The Secretary shall conduct an interim and State under that section in an amount that rea- the section referred to as a ‘‘demonstration final evaluation of State demonstration projects sonably reflects the premium contribution made project’’) in accordance with this section under under this section and shall report to the Presi- by the parent for private coverage on behalf of which up to 10 States (as defined for purposes of dent and Congress the conclusions of such eval- a child with a disability; and title XIX of the Social Security Act) are award- uations within 12 months of completing such ‘‘(II) treat such coverage as a third party lied grants, on a competitive basis, to test the ef- evaluations. ability under subsection (a)(25). fectiveness in improving or maintaining a (f) FUNDING.— ‘‘(B) In the case of a parent to which sub- child’s functional level and cost-effectiveness of (1) IN GENERAL.—For the purpose of carrying paragraph (A) applies, a State, notwithstanding providing coverage of home and community- out this section, there are appropriated, from section 1906 but subject to paragraph (1)(C)(ii), based alternatives to psychiatric residential amounts in the Treasury not otherwise appro- may provide for payment of any portion of the treatment for children enrolled in the Medicaid priated, for fiscal years 2007 through 2011, a annual premium for such family coverage that program under title XIX of such Act. total of $218,000,000, of which— the parent is required to pay. Any payments (b) APPLICATION OF TERMS AND CONDITIONS.— (A) the amount specified in paragraph (2) made by the State under this subparagraph (1) IN GENERAL.—Subject to the provisions of shall be available for each of fiscal years 2007 shall be considered, for purposes of section this section, for the purposes of the demonstra- through 2011; and 1903(a), to be payments for medical assistance.’’. tion projects, and only with respect to children (B) a total of $1,000,000 shall be available to (b) STATE OPTION TO IMPOSE INCOME-RE- enrolled under such demonstration projects, a the Secretary for the evaluations and report LATED PREMIUMS.—Section 1916 of such Act (42 psychiatric residential treatment facility (as de- under subsection (e). U.S.C. 1396o) is amended— fined in section 483.352 of title 42 of the Code of (2) FISCAL YEAR LIMIT.— (1) in subsection (a), by striking ‘‘subsection Federal Regulations) shall be deemed to be a fa- (A) IN GENERAL.—For purposes of paragraph (g)’’ and inserting ‘‘subsections (g) and (i)’’; cility specified in section 1915(c) of the Social (1), the amount specified in this paragraph for and Security Act (42 U.S.C. 1396n(c)), and to be in- a fiscal year is the amount specified in subpara- (2) by adding at the end, as amended by sec- cluded in each reference in such section 1915(c) graph (B) for the fiscal year plus the difference, tion 6041(b)(2), the following new subsection: to hospitals, nursing facilities, and intermediate if any, between the total amount available ‘‘(i)(1) With respect to disabled children pro- care facilities for the mentally retarded. under this paragraph for prior fiscal years and vided medical assistance under section (2) STATE OPTION TO ASSURE CONTINUITY OF the total amount previously expended under 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), MEDICAID COVERAGE.—Upon the termination of paragraph (1)(A) for such prior fiscal years. a State may (in a uniform manner for such chil- a demonstration project under this section, the (B) FISCAL YEAR AMOUNTS.—The amount spec- dren) require the families of such children to State that conducted the project may elect, only ified in this subparagraph for— pay monthly premiums set on a sliding scale with respect to a child who is enrolled in such (i) fiscal year 2007 is $21,000,000; based on family income. project on the termination date, to continue to (ii) fiscal year 2008 is $37,000,000; ‘‘(2) A premium requirement imposed under provide medical assistance for coverage of home (iii) fiscal year 2009 is $49,000,000; paragraph (1) may only apply to the extent and community-based alternatives to psychiatric (iv) fiscal year 2010 is $53,000,000; and that— residential treatment for the child in accordance (v) fiscal year 2011 is $57,000,000. ‘‘(A) in the case of a disabled child described with section 1915(c) of the Social Security Act SEC. 6064. DEVELOPMENT AND SUPPORT OF FAM- in that paragraph whose family income— (42 U.S.C. 1396n(c)), as modified through the ap- ILY-TO-FAMILY HEALTH INFORMA- ‘‘(i) does not exceed 200 percent of the poverty plication of paragraph (1). Expenditures in- TION CENTERS. line, the aggregate amount of such premium and curred for providing such medical assistance Section 501 of the Social Security Act (42 any premium that the parent is required to pay shall be treated as a home and community-based U.S.C. 701) is amended by adding at the end the for family coverage under section waiver program under section 1915(c) of the So- following new subsection: 1902(cc)(2)(A)(i) and other cost-sharing charges cial Security Act (42 U.S.C. 1396n(c)) for pur- ‘‘(c)(1)(A) For the purpose of enabling the do not exceed 5 percent of the family’s income; poses of payment under section 1903 of such Act Secretary (through grants, contracts, or other- and (42 U.S.C. 1396b). wise) to provide for special projects of regional

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 608 CONGRESSIONAL RECORD—HOUSE February 1, 2006 and national significance for the development ance for items and services furnished on or after mental diseases, but only, with respect to a and support of family-to-family health informa- the date that is 1 year after the date of enact- State, to the extent medical assistance is avail- tion centers described in paragraph (2), there is ment of this Act. able under the State Medicaid plan for services appropriated to the Secretary, out of any money Subchapter B—Money Follows the Person provided by such institution. in the Treasury not otherwise appropriated— Rebalancing Demonstration (4) MEDICAID.—The term ‘‘Medicaid’’ means, ‘‘(i) $3,000,000 for fiscal year 2007; with respect to a State, the State program under ‘‘(ii) $4,000,000 for fiscal year 2008; and SEC. 6071. MONEY FOLLOWS THE PERSON REBAL- ANCING DEMONSTRATION. title XIX of the Social Security Act (including ‘‘(iii) $5,000,000 for fiscal year 2009. any waiver or demonstration under such title or (a) PROGRAM PURPOSE AND AUTHORITY.—The ‘‘(B) Funds appropriated or authorized to be Secretary is authorized to award, on a competi- under section 1115 of such Act relating to such appropriated under subparagraph (A) shall— title). ‘‘(i) be in addition to amounts appropriated tive basis, grants to States in accordance with this section for demonstration projects (each in (5) QUALIFIED HCB PROGRAM.—The term under subsection (a) and retained under section ‘‘qualified HCB program’’ means a program pro- 502(a)(1) for the purpose of carrying out activi- this section referred to as an ‘‘MFP demonstration project’’) designed to achieve the following viding home and community-based long-term ties described in subsection (a)(2); and care services operating under Medicaid, whether ‘‘(ii) remain available until expended. objectives with respect to institutional and home and community-based long-term care services or not operating under waiver authority. ‘‘(2) The family-to-family health information (6) QUALIFIED RESIDENCE.—The term ‘‘quali- centers described in this paragraph are centers under State Medicaid programs: (1) REBALANCING.—Increase the use of home fied residence’’ means, with respect to an eligi- that— ble individual— ‘‘(A) assist families of children with disabil- and community-based, rather than institutional, long-term care services. (A) a home owned or leased by the individual ities or special health care needs to make in- or the individual’s family member; formed choices about health care in order to (2) MONEY FOLLOWS THE PERSON.—Eliminate barriers or mechanisms, whether in the State (B) an apartment with an individual lease, promote good treatment decisions, cost-effective- with lockable access and egress, and which in- ness, and improved health outcomes for such law, the State Medicaid plan, the State budget, or otherwise, that prevent or restrict the flexible cludes living, sleeping, bathing, and cooking children; areas over which the individual or the individ- ‘‘(B) provide information regarding the health use of Medicaid funds to enable Medicaid-eligible individuals to receive support for appro- ual’s family has domain and control; and care needs of, and resources available for, such (C) a residence, in a community-based resi- children; priate and necessary long-term services in the settings of their choice. dential setting, in which no more than 4 unre- ‘‘(C) identify successful health delivery models lated individuals reside. for such children; (3) CONTINUITY OF SERVICE.—Increase the ability of the State Medicaid program to assure (7) QUALIFIED EXPENDITURES.—The term ‘‘(D) develop with representatives of health ‘‘qualified expenditures’’ means expenditures by care providers, managed care organizations, continued provision of home and community- based long-term care services to eligible individ- the State under its MFP demonstration project health care purchasers, and appropriate State for home and community-based long-term care agencies, a model for collaboration between fam- uals who choose to transition from an institutional to a community setting. services for an eligible individual participating ilies of such children and health professionals; in the MFP demonstration project, but only ‘‘(E) provide training and guidance regarding (4) QUALITY ASSURANCE AND QUALITY IM- with respect to services furnished during the 12- caring for such children; PROVEMENT.—Ensure that procedures are in month period beginning on the date the indi- ‘‘(F) conduct outreach activities to the fami- place (at least comparable to those required vidual is discharged from an inpatient facility lies of such children, health professionals, under the qualified HCB program) to provide referred to in paragraph (2)(A)(i). schools, and other appropriate entities and indi- quality assurance for eligible individuals receiv- (8) SELF-DIRECTED SERVICES.—The term ‘‘self- viduals; and ing Medicaid home and community-based long- directed’’ means, with respect to home and com- ‘‘(G) are staffed— term care services and to provide for continuous munity-based long-term care services for an eli- ‘‘(i) by such families who have expertise in quality improvement in such services. gible individual, such services for the individual Federal and State public and private health (b) DEFINITIONS.—For purposes of this section: which are planned and purchased under the di- care systems; and (1) HOME AND COMMUNITY-BASED LONG-TERM ‘‘(ii) by health professionals. CARE SERVICES.—The term ‘‘home and commu- rection and control of such individual or the in- ‘‘(3) The Secretary shall develop family-to- nity-based long-term care services’’ means, with dividual’s authorized representative (as defined family health information centers described in respect to a State Medicaid program, home and by the Secretary), including the amount, dura- paragraph (2) in accordance with the following: community-based services (including home tion, scope, provider, and location of such serv- ‘‘(A) With respect to fiscal year 2007, such health and personal care services) that are pro- ices, under the State Medicaid program con- centers shall be developed in not less than 25 vided under the State’s qualified HCB program sistent with the following requirements: States. or that could be provided under such a program (A) ASSESSMENT.—There is an assessment of ‘‘(B) With respect to fiscal year 2008, such but are otherwise provided under the Medicaid the needs, capabilities, and preferences of the centers shall be developed in not less than 40 program. individual with respect to such services. States. (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible (B) SERVICE PLAN.—Based on such assess- ‘‘(C) With respect to fiscal year 2009 and each individual’’ means, with respect to an MFP ment, there is developed jointly with such indi- fiscal year thereafter, such centers shall be de- demonstration project of a State, an individual vidual or the individual’s authorized represent- veloped in all States. in the State— ative a plan for such services for such indi- ‘‘(4) The provisions of this title that are appli- (A) who, immediately before beginning partici- vidual that is approved by the State and that— cable to the funds made available to the Sec- pation in the MFP demonstration project— (i) specifies those services, if any, which the retary under section 502(a)(1) apply in the same (i) resides (and has resided, for a period of not individual or the individual’s authorized rep- manner to funds made available to the Secretary less than 6 months or for such longer minimum resentative would be responsible for directing; under paragraph (1)(A). period, not to exceed 2 years, as may be speci- (ii) identifies the methods by which the indi- ‘‘(5) For purposes of this subsection, the term fied by the State) in an inpatient facility; vidual or the individual’s authorized represent- ‘State’ means each of the 50 States and the Dis- (ii) is receiving Medicaid benefits for inpatient ative or an agency designated by an individual trict of Columbia.’’. services furnished by such inpatient facility; or representative will select, manage, and dis- SEC. 6065. RESTORATION OF MEDICAID ELIGI- and miss providers of such services; BILITY FOR CERTAIN SSI BENE- (iii) with respect to whom a determination has (iii) specifies the role of family members and FICIARIES. been made that, but for the provision of home others whose participation is sought by the indi- (a) IN GENERAL.—Section 1902(a)(10)(A)(i)(II) and community-based long-term care services, vidual or the individual’s authorized represent- of the Social Security Act (42 U.S.C. the individual would continue to require the ative with respect to such services; 1396a(a)(10)(A)(i)(II)) is amended— level of care provided in an inpatient facility (iv) is developed through a person-centered (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; and, in any case in which the State applies a process that— (2) by striking ‘‘) and’’ and inserting ‘‘and’’; more stringent level of care standard as a result (I) is directed by the individual or the individ- (3) by striking ‘‘section or who are’’ and in- of implementing the State plan option permitted ual’s authorized representative; serting ‘‘section), (bb) who are’’; and under section 1915(i) of the Social Security Act, (II) builds upon the individual’s capacity to (4) by inserting before the comma at the end the individual must continue to require at least engage in activities that promote community life the following: ‘‘, or (cc) who are under 21 years the level of care which had resulted in admis- and that respects the individual’s preferences, of age and with respect to whom supplemental sion to the institution; and choices, and abilities; and security income benefits would be paid under (B) who resides in a qualified residence begin- (III) involves families, friends, and profes- title XVI if subparagraphs (A) and (B) of sec- ning on the initial date of participation in the sionals as desired or required by the individual tion 1611(c)(7) were applied without regard to demonstration project. or the individual’s authorized representative; the phrase ‘the first day of the month fol- (3) INPATIENT FACILITY.—The term ‘‘inpatient (v) includes appropriate risk management lowing’ ’’. facility’’ means a hospital, nursing facility, or techniques that recognize the roles and sharing (b) EFFECTIVE DATE.—The amendments made intermediate care facility for the mentally re- of responsibilities in obtaining services in a self- by subsection (a) shall apply to medical assist- tarded. Such term includes an institution for directed manner and assure the appropriateness

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 609 of such plan based upon the resources and ca- and the setting in which the individual will re- (A) a plan satisfactory to the Secretary for pabilities of the individual or the individual’s ceive home and community-based long-term care quality assurance and quality improvement for authorized representative; and services; home and community-based long-term care serv- (vi) may include an individualized budget (C) the State will continue to make available, ices under the State Medicaid program, includ- which identifies the dollar value of the services so long as the State operates its qualified HCB ing a plan to assure the health and welfare of and supports under the control and direction of program consistent with applicable require- individuals participating in the MFP dem- the individual or the individual’s authorized ments, home and community-based long-term onstration project; and representative. care services to each individual who completes (B) an assurance that the State will cooperate (C) BUDGET PROCESS.—With respect to indi- participation in the MFP demonstration project in carrying out activities under subsection (f) to vidualized budgets described in subparagraph for as long as the individual remains eligible for develop and implement continuous quality as- (B)(vi), the State application under subsection medical assistance for such services under such surance and quality improvement systems for (c)— qualified HCB program (including meeting a re- home and community-based long-term care serv- (i) describes the method for calculating the quirement relating to requiring a level of care ices. dollar values in such budgets based on reliable provided in an inpatient facility and continuing (12) OPTIONAL PROGRAM FOR SELF-DIRECTED costs and service utilization; to require such services, and, if the State applies SERVICES.—If the State elects to provide for any (ii) defines a process for making adjustments a more stringent level of care standard as a re- home and community-based long-term care serv- in such dollar values to reflect changes in indi- sult of implementing the State plan option per- ices as self-directed services (as defined in sub- vidual assessments and service plans; and mitted under section 1915(i) of the Social Secu- section (b)(8)) under the MFP demonstration (iii) provides a procedure to evaluate expendi- rity Act, meeting the requirement for at least the project, the application shall provide the fol- tures under such budgets. level of care which had resulted in the individ- lowing: (9) STATE.—The term ‘‘State’’ has the meaning ual’s admission to the institution). (A) MEETING REQUIREMENTS.—A description of given such term for purposes of title XIX of the (7) REBALANCING.—The application shall— how the project will meet the applicable require- Social Security Act. (A) provide such information as the Secretary ments of such subsection for the provision of (c) STATE APPLICATION.—A State seeking ap- may require concerning the dollar amounts of self-directed services. proval of an MFP demonstration project shall State Medicaid expenditures for the fiscal year, (B) VOLUNTARY ELECTION.—A description of submit to the Secretary, at such time and in immediately preceding the first fiscal year of the how eligible individuals will be provided with such format as the Secretary requires, an appli- State’s MFP demonstration project, for long- the opportunity to make an informed election to cation meeting the following requirements and term care services and the percentage of such receive self-directed services under the project containing such additional information, provi- expenditures that were for institutional long- and after the end of the project. sions, and assurances, as the Secretary may re- term care services or were for home and commu- (C) STATE SUPPORT IN SERVICE PLAN DEVELOP- quire: nity-based long-term care services; MENT.—Satisfactory assurances that the State (1) ASSURANCE OF A PUBLIC DEVELOPMENT (B)(i) specify the methods to be used by the will provide support to eligible individuals who PROCESS.—The application contains an assur- State to increase, for each fiscal year during the self-direct in developing and implementing their ance that the State has engaged, and will con- MFP demonstration project, the dollar amount service plans. tinue to engage, in a public process for the de- of such total expenditures for home and commu- (D) OVERSIGHT OF RECEIPT OF SERVICES.—Sat- sign, development, and evaluation of the MFP nity-based long-term care services and the per- isfactory assurances that the State will provide demonstration project that allows for input from centage of such total expenditures for long-term oversight of eligible individual’s receipt of such eligible individuals, the families of such individ- care services that are for home and community- self-directed services, including steps to assure uals, authorized representatives of such individ- based long-term care services; and the quality of services provided and that the uals, providers, and other interested parties. (ii) describe the extent to which the MFP dem- provision of such services are consistent with (2) OPERATION IN CONNECTION WITH QUALIFIED onstration project will contribute to accomplish- the service plan under such subsection. Nothing in this section shall be construed as re- HCB PROGRAM TO ASSURE CONTINUITY OF SERV- ment of objectives described in subsection (a). quiring a State to make an election under the ICES.—The State will conduct the MFP dem- (8) MONEY FOLLOWS THE PERSON.—The appli- onstration project for eligible individuals in con- cation shall describe the methods to be used by project to provide for home and community- junction with the operation of a qualified HCB the State to eliminate any legal, budgetary, or based long-term care services as self-directed program that is in operation (or approved) in other barriers to flexibility in the availability of services, or as requiring an individual to elect to the State for such individuals in a manner that Medicaid funds to pay for long-term care serv- receive self-directed services under the project. (13) REPORTS AND EVALUATION.—The applica- assures continuity of Medicaid coverage for ices for eligible individuals participating in the tion shall provide that— such individuals so long as such individuals project in the appropriate settings of their (A) the State will furnish to the Secretary continue to be eligible for medical assistance. choice, including costs to transition from an in- such reports concerning the MFP demonstration EMONSTRATION PROJECT PERIOD.—The (3) D stitutional setting to a qualified residence. project, on such timetable, in such uniform for- application shall specify the period of the MFP AINTENANCE OF EFFORT AND COST-EFFEC- (9) M mat, and containing such information as the demonstration project, which shall include at TIVENESS.—The application shall contain or be Secretary may require, as will allow for reliable least 2 consecutive fiscal years in the 5-fiscal- accompanied by such information and assur- comparisons of MFP demonstration projects year period beginning with fiscal year 2007. ances as may be required to satisfy the Sec- across States; and (4) SERVICE AREA.—The application shall retary that— (B) the State will participate in and cooperate specify the service area or areas of the MFP (A) total expenditures under the State Med- with the evaluation of the MFP demonstration demonstration project, which may be a state- icaid program for home and community-based project. wide area or 1 or more geographic areas of the long-term care services will not be less for any (d) SECRETARY’S AWARD OF COMPETITIVE State. fiscal year during the MFP demonstration GRANTS.— (5) TARGETED GROUPS AND NUMBERS OF INDI- project than for the greater of such expenditures (1) IN GENERAL.—The Secretary shall award VIDUALS SERVED.—The application shall speci- for— grants under this section on a competitive basis fy— (i) fiscal year 2005; or to States selected from among those with appli- (A) the target groups of eligible individuals to (ii) any succeeding fiscal year before the first cations meeting the requirements of subsection be assisted to transition from an inpatient facil- year of the MFP demonstration project; and (c), in accordance with the provisions of this ity to a qualified residence during each fiscal (B) in the case of a qualified HCB program subsection. year of the MFP demonstration project; operating under a waiver under subsection (c) (2) SELECTION AND MODIFICATION OF STATE AP- (B) the projected numbers of eligible individ- or (d) of section 1915 of the Social Security Act PLICATIONS.—In selecting State applications for uals in each targeted group of eligible individ- (42 U.S.C. 1396n), but for the amount awarded the awarding of such a grant, the Secretary— uals to be so assisted during each such year; under a grant under this section, the State pro- (A) shall take into consideration the manner and gram would continue to meet the cost-effective- in which, and extent to which, the State pro- (C) the estimated total annual qualified ex- ness requirements of subsection (c)(2)(D) of such poses to achieve the objectives specified in sub- penditures for each fiscal year of the MFP dem- section or comparable requirements under subsection (a); onstration project. section (d)(5) of such section, respectively. (B) shall seek to achieve an appropriate na- (6) INDIVIDUAL CHOICE, CONTINUITY OF CARE.— (10) WAIVER REQUESTS.—The application shall tional balance in the numbers of eligible individ- The application shall contain assurances that— contain or be accompanied by requests for any uals, within different target groups of eligible (A) each eligible individual or the individual’s modification or adjustment of waivers of Med- individuals, who are assisted to transition to authorized representative will be provided the icaid requirements described in subsection (d)(3), qualified residences under MFP demonstration opportunity to make an informed choice regard- including adjustments to the maximum numbers projects, and in the geographic distribution of ing whether to participate in the MFP dem- of individuals included and package of benefits, States operating MFP demonstration projects; onstration project; including one-time transitional services, pro- (C) shall give preference to State applications (B) each eligible individual or the individual’s vided. proposing— authorized representative will choose the quali- (11) QUALITY ASSURANCE AND QUALITY IM- (i) to provide transition assistance to eligible fied residence in which the individual will reside PROVEMENT.—The application shall include— individuals within multiple target groups; and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 610 CONGRESSIONAL RECORD—HOUSE February 1, 2006 (ii) to provide eligible individuals with the op- such expenditures that could otherwise be paid Subchapter C—Miscellaneous portunity to receive home and community-based under Medicaid, including under section 1903(a) SEC. 6081. MEDICAID TRANSFORMATION GRANTS. long-term care services as self-directed services, of the Social Security Act. Nothing in the pre- (a) IN GENERAL.—Section 1903 of the Social as defined in subsection (b)(8); and vious sentence shall be construed as preventing Security Act (42 U.S.C. 1396b), as amended by (D) shall take such objectives into consider- the payment under Medicaid for such expendi- sections 6037(a)(2) and 6043(b), is amended by ation in setting the annual amounts of State tures in a grant year after amounts available to adding at the end the following new subsection: grant awards under this section. pay for such expenditures under the MFP dem- ‘‘(z) MEDICAID TRANSFORMATION PAYMENTS.— (3) WAIVER AUTHORITY.—The Secretary is au- onstration project have been exhausted. ‘‘(1) IN GENERAL.—In addition to the pay- thorized to waive the following provisions of (5) MFP-ENHANCED FMAP.—For purposes of ments provided under subsection (a), subject to title XIX of the Social Security Act, to the ex- paragraph (1)(A), the ‘‘MFP-enhanced FMAP’’, paragraph (4), the Secretary shall provide for tent necessary to enable a State initiative to for a State for a fiscal year, is equal to the Fed- payments to States for the adoption of innova- meet the requirements and accomplish the pur- eral medical assistance percentage (as defined in tive methods to improve the effectiveness and ef- poses of this section: the first sentence of section 1905(b)) for the State ficiency in providing medical assistance under (A) STATEWIDENESS.—Section 1902(a)(1), in increased by a number of percentage points this title. order to permit implementation of a State initia- equal to 50 percent of the number of percentage ‘‘(2) PERMISSIBLE USES OF FUNDS.—The fol- tive in a selected area or areas of the State. points by which (A) such Federal medical assist- lowing are examples of innovative methods for (B) COMPARABILITY.—Section 1902(a)(10)(B), ance percentage for the State, is less than (B) which funds provided under this subsection may in order to permit a State initiative to assist a 100 percent; but in no case shall the MFP-en- be used: selected category or categories of individuals de- hanced FMAP for a State exceed 90 percent. ‘‘(A) Methods for reducing patient error rates scribed in subsection (b)(2)(A). (f) QUALITY ASSURANCE AND IMPROVEMENT; through the implementation and use of elec- (C) INCOME AND RESOURCES ELIGIBILITY.—Sec- TECHNICAL ASSISTANCE; OVERSIGHT.— tronic health records, electronic clinical decision tion 1902(a)(10)(C)(i)(III), in order to permit a (1) IN GENERAL.—The Secretary, either di- support tools, or e-prescribing programs. State to apply institutional eligibility rules to rectly or by grant or contract, shall provide for ‘‘(B) Methods for improving rates of collection individuals transitioning to community-based technical assistance to, and oversight of, States from estates of amounts owed under this title. care. for purposes of upgrading quality assurance ‘‘(C) Methods for reducing waste, fraud, and (D) PROVIDER AGREEMENTS.—Section and quality improvement systems under Med- abuse under the program under this title, such 1902(a)(27), in order to permit a State to imple- icaid home and community-based waivers, in- as reducing improper payment rates as meas- ment self-directed services in a cost-effective cluding— ured by annual payment error rate measurement manner. (A) dissemination of information on promising (PERM) project rates. (4) CONDITIONAL APPROVAL OF OUTYEAR practices; ‘‘(D) Implementation of a medication risk GRANT.—In awarding grants under this section, (B) guidance on system design elements ad- management program as part of a drug use re- the Secretary shall condition the grant for the dressing the unique needs of participating bene- view program under section 1927(g). second and any subsequent fiscal years of the ficiaries; ‘‘(E) Methods in reducing, in clinically appro- grant period on the following: (C) ongoing consultation on quality, including priate ways, expenditures under this title for (A) NUMERICAL BENCHMARKS.—The State must assistance in developing necessary tools, recovered outpatient drugs, particularly in the demonstrate to the satisfaction of the Secretary sources, and monitoring systems; and categories of greatest drug utilization, by in- that it is meeting numerical benchmarks speci- (D) guidance on remedying programmatic and creasing the utilization of generic drugs through fied in the grant agreement for— systemic problems. the use of education programs and other incen- (i) increasing State Medicaid support for home (2) FUNDING.—From the amounts appropriated tives to promote greater use of generic drugs. and community-based long-term care services under subsection (h)(1) for the portion of fiscal ‘‘(F) Methods for improving access to primary under subsection (c)(5); and year 2007 that begins on January 1, 2007, and and specialty physician care for the uninsured (ii) numbers of eligible individuals assisted to ends on September 30, 2007, and for fiscal year using integrated university-based hospital and transition to qualified residences. 2008, not more than $2,400,000 shall be available clinic systems. PPLICATION TERMS AND CONDITIONS (B) QUALITY OF CARE.—The State must dem- to the Secretary to carry out this subsection ‘‘(3) A ; .— ‘‘(A) IN GENERAL.—No payments shall be made onstrate to the satisfaction of the Secretary that during the period that begins on January 1, to a State under this subsection unless the State it is meeting the requirements under subsection 2007, and ends on September 30, 2011. applies to the Secretary for such payments in a (c)(11) to assure the health and welfare of MFP (g) RESEARCH AND EVALUATION.— form, manner, and time specified by the Sec- demonstration project participants. (1) IN GENERAL.—The Secretary, directly or retary. (e) PAYMENTS TO STATES; CARRYOVER OF UN- through grant or contract, shall provide for re- ‘‘(B) TERMS AND CONDITIONS.—Such payments USED GRANT AMOUNTS.— search on, and a national evaluation of, the are made under such terms and conditions con- (1) PAYMENTS.—For each calendar quarter in program under this section, including assistance sistent with this subsection as the Secretary pre- a fiscal year during the period a State is award- to the Secretary in preparing the final report re- scribes. ed a grant under subsection (d), the Secretary quired under paragraph (2). The evaluation ‘‘(C) ANNUAL REPORT.—Payment to a State shall pay to the State from its grant award for shall include an analysis of projected and ac- under this subsection is conditioned on the State such fiscal year an amount equal to the lesser tual savings related to the transition of individ- submitting to the Secretary an annual report on of— uals to qualified residences in each State con- the programs supported by such payment. Such (A) the MFP-enhanced FMAP (as defined in ducting an MFP demonstration project. report shall include information on— paragraph (5)) of the amount of qualified ex- (2) FINAL REPORT.—The Secretary shall make ‘‘(i) the specific uses of such payment; penditures made during such quarter; or a final report to the President and Congress, not ‘‘(ii) an assessment of quality improvements (B) the total amount remaining in such grant later than September 30, 2011, reflecting the and clinical outcomes under such programs; and award for such fiscal year (taking into account evaluation described in paragraph (1) and pro- ‘‘(iii) estimates of cost savings resulting from the application of paragraph (2)). viding findings and conclusions on the conduct such programs. (2) CARRYOVER OF UNUSED AMOUNTS.—Any and effectiveness of MFP demonstration ‘‘(4) FUNDING.— portion of a State grant award for a fiscal year projects. ‘‘(A) LIMITATION ON FUNDS.—The total under this section remaining at the end of such (3) FUNDING.—From the amounts appropriated amount of payments under this subsection shall fiscal year shall remain available to the State under subsection (h)(1) for each of fiscal years be equal to, and shall not exceed— for the next 4 fiscal years, subject to paragraph 2008 through 2011, not more than $1,100,000 per ‘‘(i) $75,000,000 for fiscal year 2007; and (3). year shall be available to the Secretary to carry ‘‘(ii) $75,000,000 for fiscal year 2008. (3) REAWARDING OF CERTAIN UNUSED out this subsection. This subsection constitutes budget authority in AMOUNTS.—In the case of a State that the Sec- (h) APPROPRIATIONS.— advance of appropriations Acts and represents retary determines pursuant to subsection (d)(4) (1) IN GENERAL.—There are appropriated, from the obligation of the Secretary to provide for the has failed to meet the conditions for continu- any funds in the Treasury not otherwise appro- payment of amounts provided under this sub- ation of a MFP demonstration project under priated, for grants to carry out this section— section. this section in a succeeding year or years, the (A) $250,000,000 for the portion of fiscal year ‘‘(B) ALLOCATION OF FUNDS.—The Secretary Secretary shall rescind the grant awards for 2007 beginning on January 1, 2007, and ending shall specify a method for allocating the funds such succeeding year or years, together with on September 30, 2007; made available under this subsection among any unspent portion of an award for prior (B) $300,000,000 for fiscal year 2008; States. Such method shall provide preference for years, and shall add such amounts to the appro- (C) $350,000,000 for fiscal year 2009; States that design programs that target health priation for the immediately succeeding fiscal (D) $400,000,000 for fiscal year 2010; and providers that treat significant numbers of Med- year for grants under this section. (E) $450,000,000 for fiscal year 2011. icaid beneficiaries. Such method shall provide (4) PREVENTING DUPLICATION OF PAYMENT.— (2) AVAILABILITY.—Amounts made available that not less than 25 percent of such funds shall The payment under a MFP demonstration under paragraph (1) for a fiscal year shall re- be allocated among States the population of project with respect to qualified expenditures main available for the awarding of grants to which (as determined according to data col- shall be in lieu of any payment with respect to States by not later than September 30, 2011. lected by the United States Census Bureau) as

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 611 of July 1, 2004, was more than 105 percent of the ‘‘(ii) unless the Secretary finds, taking into vides for eligibility of individuals who are en- population of the respective State (as so deter- account cost-effectiveness, quality of care, and rolled in Medicaid managed care organizations, mined) as of April 1, 2000. other criteria that the Secretary specifies, that such individuals may participate in the State ‘‘(C) FORM AND MANNER OF PAYMENT.—Pay- all State demonstration programs previously im- demonstration program only if the State pro- ment to a State under this subsection shall be plemented were unsuccessful, other States may vides assurances satisfactory to the Secretary made in the same manner as other payments implement State demonstration programs. that the following conditions are met with re- under section 1903(a). There is no requirement ‘‘(B) GAO REPORT.— spect to any such organization: for State matching funds to receive payments ‘‘(i) IN GENERAL.—Not later than 3 months ‘‘(i) In no case may the number of such indi- under this subsection. after the end of the 5-year period described in viduals enrolled in the organization who par- ‘‘(5) MEDICATION RISK MANAGEMENT PRO- subparagraph (A), the Comptroller General of ticipate in the program exceed 5 percent of the GRAM.— the United States shall submit a report to Con- total number of individuals enrolled in such or- ‘‘(A) IN GENERAL.—For purposes of this sub- gress evaluating the demonstration programs ganization. section, the term ‘medication risk management conducted under this section during such pe- ‘‘(ii) The proportion of enrollees in the organi- program’ means a program for targeted bene- riod. zation who so participate is not significantly ficiaries that ensures that covered outpatient ‘‘(ii) APPROPRIATION.—Out of any funds in disproportionate to the proportion of such en- drugs are appropriately used to optimize thera- the Treasury not otherwise appropriated, there rollees in other such organizations who partici- peutic outcomes through improved medication is appropriated to the Comptroller General of pate. use and to reduce the risk of adverse events. the United States, $550,000 for the period of fis- ‘‘(iii) The State has provided for an appro- ‘‘(B) ELEMENTS.—Such program may include cal years 2007 through 2010 to carry out clause priate adjustment in the per capita payments to the following elements: (i). the organization to account for such participa- ‘‘(i) The use of established principles and ‘‘(3) APPROVAL.—The Secretary shall not ap- tion, taking into account differences in the like- standards for drug utilization review and best prove a State demonstration program under ly use of health services between enrollees who practices to analyze prescription drug claims of paragraph (1) unless the program includes the so participate and enrollees who do not so par- targeted beneficiaries and identify outlier physi- following: ticipate. cians. ‘‘(A) Creating patient awareness of the high ‘‘(5) VOLUNTARY PARTICIPATION.—An eligible ‘‘(ii) On an ongoing basis provide outlier phy- cost of medical care. individual shall be enrolled in a State dem- sicians— ‘‘(B) Providing incentives to patients to seek onstration program only if the individual volun- ‘‘(I) a comprehensive pharmacy claims history preventive care services. tarily enrolls. Except in such hardship cases as for each targeted beneficiary under their care; ‘‘(II) information regarding the frequency and ‘‘(C) Reducing inappropriate use of health the Secretary shall specify, such an enrollment cost of relapses and hospitalizations of targeted care services. shall be effective for a period of 12 months, but beneficiaries under the physician’s care; and ‘‘(D) Enabling patients to take responsibility may be extended for additional periods of 12 ‘‘(III) applicable best practice guidelines and for health outcomes. months each with the consent of the individual. empirical references. ‘‘(E) Providing enrollment counselors and on- ‘‘(6) 1-YEAR MORATORIUM FOR REENROLL- ‘‘(iii) Monitor outlier physician’s prescribing, going education activities. MENT.—An eligible individual who, for any rea- such as failure to refill, dosage strengths, and ‘‘(F) Providing transactions involving health son, is disenrolled from a State demonstration provide incentives and information to encourage opportunity accounts to be conducted electroni- program conducted under this section shall not the adoption of best clinical practices. cally and without cash. be permitted to reenroll in such program before ‘‘(C) TARGETED BENEFICIARIES.—For purposes ‘‘(G) Providing access to negotiated provider the end of the 1-year period that begins on the of this paragraph, the term ‘targeted bene- payment rates consistent with this section. effective date of such disenrollment. ficiaries’ means Medicaid eligible beneficiaries Nothing in this section shall be construed as ‘‘(c) ALTERNATIVE BENEFITS.— who are identified as having high prescription preventing a State demonstration program from ‘‘(1) IN GENERAL.—The alternative benefits drug costs and medical costs, such as individ- providing incentives for patients obtaining ap- provided under this section shall consist, con- uals with behavioral disorders or multiple propriate preventive care (as defined for pur- sistent with this subsection, of at least— chronic diseases who are taking multiple medi- poses of section 223(c)(2)(C) of the Internal Rev- ‘‘(A) coverage for medical expenses in a year cations.’’. enue Code of 1986), such as additional account for items and services for which benefits are oth- SEC. 6082. HEALTH OPPORTUNITY ACCOUNTS. contributions for an individual demonstrating erwise provided under this title after an annual Title XIX of the Social Security Act, as healthy prevention practices. deductible described in paragraph (2) has been amended by sections 6035 and 6044, is amend- ‘‘(4) NO REQUIREMENT FOR STATEWIDENESS.— met; and ed— Nothing in this section or any other provision of ‘‘(B) contribution into a health opportunity (1) by redesignating section 1938 as section law shall be construed to require that a State account. 1939; and must provide for the implementation of a State Nothing in subparagraph (A) shall be construed (2) by inserting after section 1937 the fol- demonstration program on a Statewide basis. as preventing a State from providing for cov- lowing new section: ‘‘(b) ELIGIBLE POPULATION GROUPS.— erage of preventive care (referred to in sub- ‘‘HEALTH OPPORTUNITY ACCOUNTS ‘‘(1) IN GENERAL.—A State demonstration pro- section (a)(3)) within the alternative benefits ‘‘SEC. 1938. (a) AUTHORITY.— gram under this section shall specify the eligible without regard to the annual deductible. ‘‘(1) IN GENERAL.—Notwithstanding any other population groups consistent with paragraphs ‘‘(2) ANNUAL DEDUCTIBLE.—The amount of the provision of this title, the Secretary shall estab- (2) and (3). annual deductible described in paragraph (1)(A) lish a demonstration program under which ‘‘(2) ELIGIBILITY LIMITATIONS DURING INITIAL shall be at least 100 percent, but no more than States may provide under their State plans DEMONSTRATION PERIOD.—During the initial 5 110 percent, of the annualized amount of con- under this title (including such a plan operating years of the demonstration program under this tributions to the health opportunity account under a statewide waiver under section 1115) in section, a State demonstration program shall not under subsection (d)(2)(A)(i), determined with- accordance with this section for the provision of apply to any of the following individuals: out regard to any limitation described in sub- alternative benefits consistent with subsection ‘‘(A) Individuals who are 65 years of age or section (d)(2)(C)(i)(II). (c) for eligible population groups in one or more older. ‘‘(3) ACCESS TO NEGOTIATED PROVIDER PAY- geographic areas of the State specified by the ‘‘(B) Individuals who are disabled, regardless MENT RATES.— State. An amendment under the previous sen- of whether or not their eligibility for medical as- ‘‘(A) FEE-FOR-SERVICE ENROLLEES.—In the tence is referred to in this section as a ‘State sistance under this title is based on such dis- case of an individual who is participating in a demonstration program’. ability. State demonstration program and who is not en- ‘‘(2) INITIAL DEMONSTRATION.— ‘‘(C) Individuals who are eligible for medical rolled with a Medicaid managed care organiza- ‘‘(A) IN GENERAL.—The demonstration pro- assistance under this title only because they are tion, the State shall provide that the individual gram under this section shall begin on January (or were within the previous 60 days) pregnant. may obtain demonstration program Medicaid 1, 2007. During the first 5 years of such program, ‘‘(D) Individuals who have been eligible for services from— the Secretary shall not approve more than 10 medical assistance for a continuous period of ‘‘(i) any participating provider under this title States to conduct demonstration programs under less than 3 months. at the same payment rates that would be appli- this section, with each State demonstration pro- ‘‘(3) ADDITIONAL LIMITATIONS.—A State dem- cable to such services if the deductible described gram covering 1 or more geographic areas speci- onstration program shall not apply to any indi- in paragraph (1)(A) was not applicable; or fied by the State. After such 5-year period— vidual within a category of individuals de- ‘‘(ii) any other provider at payment rates that ‘‘(i) unless the Secretary finds, taking into ac- scribed in section 1937(a)(2)(B). do not exceed 125 percent of the payment rate count cost-effectiveness, quality of care, and ‘‘(4) LIMITATIONS.— that would be applicable to such services fur- other criteria that the Secretary specifies, that a ‘‘(A) STATE OPTION.—This subsection shall not nished by a participating provider under this State demonstration program previously imple- be construed as preventing a State from further title if the deductible described in paragraph mented has been unsuccessful, such a dem- limiting eligibility. (1)(A) was not applicable. onstration program may be extended or made ‘‘(B) ON ENROLLEES IN MEDICAID MANAGED ‘‘(B) TREATMENT UNDER MEDICAID MANAGED permanent in the State; and CARE ORGANIZATIONS.—Insofar as the State pro- CARE PLANS.—In the case of an individual who

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is participating in a State demonstration pro- an employer from providing health benefits cov- ‘‘(A) GENERAL USES.— gram and is enrolled with a Medicaid managed erage consisting of the coverage described in ‘‘(i) IN GENERAL.—Subject to the succeeding care organization, the State shall enter into an paragraph (1)(A) to individuals who are pro- provisions of this paragraph, amounts in a arrangement with the organization under which vided alternative benefits under this section. health opportunity account may be used for the individual may obtain demonstration pro- ‘‘(d) HEALTH OPPORTUNITY ACCOUNT.— payment of such health care expenditures as the gram Medicaid services from any provider de- ‘‘(1) IN GENERAL.—For purposes of this sec- State specifies. scribed in clause (ii) of subparagraph (A) at tion, the term ‘health opportunity account’ ‘‘(ii) GENERAL LIMITATION.—Subject to sub- payment rates that do not exceed the payment means an account that meets the requirements paragraph (B)(ii), in no case shall such account rates that may be imposed under that clause. of this subsection. be used for payment for health care expendi- ‘‘(C) COMPUTATION.—The payment rates de- ‘‘(2) CONTRIBUTIONS.— tures that are not payment of medical care (as scribed in subparagraphs (A) and (B) shall be ‘‘(A) IN GENERAL.—No contribution may be defined by section 213(d) of the Internal Rev- computed without regard to any cost sharing made into a health opportunity account ex- enue Code of 1986). that would be otherwise applicable under sec- cept— ‘‘(iii) STATE RESTRICTIONS.—In applying tions 1916 and 1916A. ‘‘(i) contributions by the State under this title; clause (i), a State may restrict payment for— ‘‘(D) DEFINITIONS.—For purposes of this para- and ‘‘(I) providers of items and services to pro- graph: ‘‘(ii) contributions by other persons and enti- viders that are licensed or otherwise authorized ‘‘(i) The term ‘demonstration program Med- ties, such as charitable organizations, as per- under State law to provide the item or service icaid services’ means, with respect to an indi- mitted under section 1903(w). and may deny payment for such a provider on vidual participating in a State demonstration ‘‘(B) STATE CONTRIBUTION.—A State shall the basis that the provider has been found, program, services for which the individual specify the contribution amount that shall be whether with respect to this title or any other would be provided medical assistance under this deposited under subparagraph (A)(i) into a health benefit program, to have failed to meet title but for the application of the deductible de- health opportunity account. quality standards or to have committed 1 or scribed in paragraph (1)(A). ‘‘(C) LIMITATION ON ANNUAL STATE CONTRIBU- more acts of fraud or abuse; and ‘‘(ii) The term ‘participating provider’ TION PROVIDED AND PERMITTING IMPOSITION OF ‘‘(II) items and services insofar as the State means— MAXIMUM ACCOUNT BALANCE.— finds they are not medically appropriate or nec- ‘‘(I) with respect to an individual described in ‘‘(i) IN GENERAL.—A State— essary. subparagraph (A), a health care provider that ‘‘(I) may impose limitations on the maximum ‘‘(iv) ELECTRONIC WITHDRAWALS.—The State has entered into a participation agreement with contributions that may be deposited under sub- demonstration program shall provide for a meth- the State for the provision of services to individ- paragraph (A)(i) into a health opportunity ac- od whereby withdrawals may be made from the uals entitled to benefits under the State plan; or count in a year; account for such purposes using an electronic ‘‘(II) with respect to an individual described ‘‘(II) may limit contributions into such an ac- system and shall not permit withdrawals from in subparagraph (B) who is enrolled in a Med- count once the balance in the account reaches a the account in cash. icaid managed care organization, a health care level specified by the State; and ‘‘(B) MAINTENANCE OF HEALTH OPPORTUNITY provider that has entered into an arrangement ‘‘(III) subject to clauses (ii) and (iii) and sub- ACCOUNT AFTER BECOMING INELIGIBLE FOR PUB- for the provision of services to enrollees of the paragraph (D)(i), may not provide contributions LIC BENEFIT.— organization under this title. described in subparagraph (A)(i) to a health op- ‘‘(i) IN GENERAL.—Notwithstanding any other ‘‘(4) NO EFFECT ON SUBSEQUENT BENEFITS.— portunity account on behalf of an individual or provision of law, if an account holder of a Except as provided under paragraphs (1) and family to the extent the amount of such con- health opportunity account becomes ineligible (2), alternative benefits for an eligible individual tributions (including both State and Federal for benefits under this title because of an in- shall consist of the benefits otherwise provided shares) exceeds, on an annual basis, $2,500 for crease in income or assets— to the individual, including cost sharing relat- each individual (or family member) who is an ‘‘(I) no additional contribution shall be made ing to such benefits. adult and $1,000 for each individual (or family into the account under paragraph (2)(A)(i); ‘‘(5) OVERRIDING COST SHARING AND COM- member) who is a child. ‘‘(II) subject to clause (iii), the balance in the PARABILITY REQUIREMENTS FOR ALTERNATIVE ‘‘(ii) INDEXING OF DOLLAR LIMITATIONS.—For account shall be reduced by 25 percent; and BENEFITS.—The provisions of this title relating each year after 2006, the dollar amounts speci- ‘‘(III) subject to the succeeding provisions of to cost sharing for benefits (including sections fied in clause (i)(III) shall be annually in- this subparagraph, the account shall remain 1916 and 1916A) shall not apply with respect to creased by the Secretary by a percentage that available to the account holder for 3 years after benefits to which the annual deductible under reflects the annual percentage increase in the the date on which the individual becomes ineli- paragraph (1)(A) applies. The provisions of sec- medical care component of the consumer price gible for such benefits for withdrawals under tion 1902(a)(10)(B) (relating to comparability) index for all urban consumers. the same terms and conditions as if the account shall not apply with respect to the provision of ‘‘(iii) BUDGET NEUTRAL ADJUSTMENT.—A State holder remained eligible for such benefits, and alternative benefits (as described in this sub- may provide for dollar limitations in excess of such withdrawals shall be treated as medical as- section). those specified in clause (i)(III) (as increased sistance in accordance with subsection (c)(6). ‘‘(6) TREATMENT AS MEDICAL ASSISTANCE.— under clause (ii)) for specified individuals if the ‘‘(ii) SPECIAL RULES.—Withdrawals under this Subject to subparagraphs (D) and (E) of sub- State provides assurances satisfactory to the subparagraph from an account— section (d)(2), payments for alternative benefits Secretary that contributions otherwise made to ‘‘(I) shall be available for the purchase of under this section (including contributions into other individuals will be reduced in a manner so health insurance coverage; and a health opportunity account) shall be treated as to provide for aggregate contributions that do ‘‘(II) may, subject to clause (iv), be made as medical assistance for purposes of section not exceed the aggregate contributions that available (at the option of the State) for such 1903(a). would otherwise be permitted under this sub- additional expenditures (such as job training ‘‘(7) USE OF TIERED DEDUCTIBLE AND COST paragraph. and tuition expenses) specified by the State (and SHARING.— ‘‘(D) LIMITATIONS ON FEDERAL MATCHING.— approved by the Secretary) as the State may ‘‘(A) IN GENERAL.—A State— ‘‘(i) STATE CONTRIBUTION.—A State may con- specify. ‘‘(i) may vary the amount of the annual de- tribute under subparagraph (A)(i) amounts to a ‘‘(iii) EXCEPTION FROM 25 PERCENT SAVINGS TO ductible applied under paragraph (1)(A) based health opportunity account in excess of the limi- GOVERNMENT FOR PRIVATE CONTRIBUTIONS.— on the income of the family involved so long as tations provided under subparagraph (C)(i)(III), Clause (i)(II) shall not apply to the portion of it does not favor families with higher income but no Federal financial participation shall be the account that is attributable to contributions over those with lower income; and provided under section 1903(a) with respect to described in paragraph (2)(A)(ii). For purposes ‘‘(ii) may vary the amount of the maximum contributions in excess of such limitations. of accounting for such contributions, without-of-pocket cost sharing (as defined in sub- ‘‘(ii) NO FFP FOR PRIVATE CONTRIBUTIONS.—No drawals from a health opportunity account paragraph (B)) based on the income of the fam- Federal financial participation shall be provided shall first be attributed to contributions de- ily involved so long as it does not favor families under section 1903(a) with respect to any con- scribed in paragraph (2)(A)(i). with higher income over those with lower in- tributions described in subparagraph (A)(ii) to a ‘‘(iv) CONDITION FOR NON-HEALTH WITH- come. health opportunity account. DRAWALS.—No withdrawal may be made from an ‘‘(B) MAXIMUM OUT-OF-POCKET COST SHAR- ‘‘(E) APPLICATION OF DIFFERENT MATCHING account under clause (ii)(II) unless the account ING.—For purposes of subparagraph (A)(ii), the RATES.—The Secretary shall provide a method holder has participated in the program under term ‘maximum out-of-pocket cost sharing’ under which, for expenditures made from a this section for at least 1 year. means, for an individual or family, the amount health opportunity account for medical care for ‘‘(v) NO REQUIREMENT FOR CONTINUATION OF by which the annual deductible level applied which the Federal matching rate under section COVERAGE.—An account holder of a health op- under paragraph (1)(A) to the individual or 1903(a) exceeds the Federal medical assistance portunity account, after becoming ineligible for family exceeds the balance in the health oppor- percentage, a State may obtain payment under medical assistance under this title, is not re- tunity account for the individual or family. such section at such higher matching rate for quired to purchase high-deductible or other in- ‘‘(8) CONTRIBUTIONS BY EMPLOYERS.—Nothing such expenditures. surance as a condition of maintaining or using in this section shall be construed as preventing ‘‘(3) USE.— the account.

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‘‘(4) ADMINISTRATION.—A State may coordi- for such activities through the first quarter of ‘‘(C) PROJECTION OF NUMBER OF INDIVIDUALS nate administration of health opportunity ac- fiscal year 2006. TO BE PROVIDED HOME AND COMMUNITY-BASED counts through the use of a third party adminis- SEC. 6085. EMERGENCY SERVICES FURNISHED BY SERVICES.— trator and reasonable expenditures for the use NON-CONTRACT PROVIDERS FOR ‘‘(i) IN GENERAL.—The State submits to the of such administrator shall be reimbursable to MEDICAID MANAGED CARE ENROLL- Secretary, in such form and manner, and upon the State in the same manner as other adminis- EES. such frequency as the Secretary shall specify, trative expenditures under section 1903(a)(7). (a) IN GENERAL.—Section 1932(b)(2) of the So- the projected number of individuals to be pro- ‘‘(5) TREATMENT.—Amounts in, or contributed cial Security Act (42 U.S.C. 1396u–2(b)(2)) is vided home and community-based services. to, a health opportunity account shall not be amended by adding at the end the following ‘‘(ii) AUTHORITY TO LIMIT NUMBER OF ELIGI- counted as income or assets for purposes of de- new subparagraph: BLE INDIVIDUALS.—A State may limit the number termining eligibility for benefits under this title. ‘‘(D) EMERGENCY SERVICES FURNISHED BY NON- of individuals who are eligible for such services CONTRACT PROVIDERS.—Any provider of emer- ‘‘(6) UNAUTHORIZED WITHDRAWALS.—A State and may establish waiting lists for the receipt of may establish procedures— gency services that does not have in effect a such services. contract with a Medicaid managed care entity ‘‘(A) to penalize or remove an individual from ‘‘(D) CRITERIA BASED ON INDIVIDUAL ASSESS- that establishes payment amounts for services the health opportunity account based on non- MENT.— furnished to a beneficiary enrolled in the enti- qualified withdrawals by the individual from ‘‘(i) IN GENERAL.—The criteria established by such an account; and ty’s Medicaid managed care plan must accept as the State for purposes of subparagraphs (A) and ‘‘(B) to recoup costs that derive from such payment in full no more than the amounts (less (B) requires an assessment of an individual’s nonqualified withdrawals.’’. any payments for indirect costs of medical edu- support needs and capabilities, and may take cation and direct costs of graduate medical edu- into account the inability of the individual to SEC. 6083. STATE OPTION TO ESTABLISH NON- cation) that it could collect if the beneficiary re- EMERGENCY MEDICAL TRANSPOR- perform 2 or more activities of daily living (as TATION PROGRAM. ceived medical assistance under this title other defined in section 7702B(c)(2)(B) of the Internal than through enrollment in such an entity. In a (a) IN GENERAL.—Section 1902(a) of the Social Revenue Code of 1986) or the need for signifi- Security Act (42 U.S.C. 1396a(a)), as amended by State where rates paid to hospitals under the cant assistance to perform such activities, and sections 6033(a) and 6035(b), is amended— State plan are negotiated by contract and not such other risk factors as the State determines (1) in paragraph (68), by striking ‘‘and’’ at publicly released, the payment amount applica- to be appropriate. ble under this subparagraph shall be the aver- the end; ‘‘(ii) ADJUSTMENT AUTHORITY.—The State plan (2) in paragraph (69) by striking the period at age contract rate that would apply under the amendment provides the State with the option to the end and inserting ‘‘; and’’; and State plan for general acute care hospitals or modify the criteria established under subpara- (3) by inserting after paragraph (69) the fol- the average contract rate that would apply graph (A) (without having to obtain prior ap- lowing: under such plan for tertiary hospitals.’’. proval from the Secretary) in the event that the (b) EFFECTIVE DATE.—The amendment made ‘‘(70) at the option of the State and notwith- enrollment of individuals eligible for home and by subsection (a) shall take effect on January 1, standing paragraphs (1), (10)(B), and (23), pro- community-based services exceeds the projected 2007. vide for the establishment of a non-emergency enrollment submitted for purposes of subpara- medical transportation brokerage program in SEC. 6086. EXPANDED ACCESS TO HOME AND graph (C), but only if— COMMUNITY-BASED SERVICES FOR order to more cost-effectively provide transpor- THE ELDERLY AND DISABLED. ‘‘(I) the State provides at least 60 days notice tation for individuals eligible for medical assist- (a) HOME AND COMMUNITY-BASED SERVICES AS to the Secretary and the public of the proposed ance under the State plan who need access to AN OPTIONAL BENEFIT FOR ELDERLY AND DIS- modification; medical care or services and have no other ABLED INDIVIDUALS.—Section 1915 of the Social ‘‘(II) the State deems an individual receiving means of transportation which— Security Act (42 U.S.C. 1396n) is amended by home and community-based services on the basis ‘‘(A) may include a wheelchair van, taxi, adding at the end the following new subsection: of the most recent version of the criteria in ef- stretcher car, bus passes and tickets, secured ‘‘(i) STATE PLAN AMENDMENT OPTION TO PRO- fect prior to the effective date of the modifica- transportation, and such other transportation VIDE HOME AND COMMUNITY-BASED SERVICES tion to be eligible for such services for a period as the Secretary determines appropriate; and FOR ELDERLY AND DISABLED INDIVIDUALS.— of at least 12 months beginning on the date the ‘‘(B) may be conducted under contract with a ‘‘(1) IN GENERAL.—Subject to the succeeding individual first received medical assistance for broker who— provisions of this subsection, a State may pro- such services; and ‘‘(i) is selected through a competitive bidding vide through a State plan amendment for the ‘‘(III) after the effective date of such modi- process based on the State’s evaluation of the provision of medical assistance for home and fication, the State, at a minimum, applies the broker’s experience, performance, references, re- community-based services (within the scope of criteria for determining whether an individual sources, qualifications, and costs; services described in paragraph (4)(B) of sub- requires the level of care provided in a hospital, ‘‘(ii) has oversight procedures to monitor bene- section (c) for which the Secretary has the au- a nursing facility, or an intermediate care facil- ficiary access and complaints and ensure that thority to approve a waiver and not including ity for the mentally retarded under the State transport personnel are licensed, qualified, com- room and board or such other services requested plan or under any waiver of such plan which petent, and courteous; by the State as the Secretary may approve) for applied prior to the application of the more ‘‘(iii) is subject to regular auditing and over- individuals eligible for medical assistance under stringent criteria developed under subparagraph sight by the State in order to ensure the quality the State plan whose income does not exceed 150 (B). of the transportation services provided and the percent of the poverty line (as defined in section ‘‘(E) INDEPENDENT EVALUATION AND ASSESS- adequacy of beneficiary access to medical care 2110(c)(5)), without determining that but for the MENT.— and services; and provision of such services the individuals would ‘‘(i) ELIGIBILITY DETERMINATION.—The State ‘‘(iv) complies with such requirements related require the level of care provided in a hospital uses an independent evaluation for making the to prohibitions on referrals and conflict of inter- or a nursing facility or intermediate care facility determinations described in subparagraphs (A) est as the Secretary shall establish (based on the for the mentally retarded, but only if the State and (B). prohibitions on physician referrals under sec- meets the following requirements: ‘‘(ii) ASSESSMENT.—In the case of an indi- tion 1877 and such other prohibitions and re- ‘‘(A) NEEDS-BASED CRITERIA FOR ELIGIBILITY vidual who is determined to be eligible for home quirements as the Secretary determines to be ap- FOR, AND RECEIPT OF, HOME AND COMMUNITY- and community-based services, the State uses an propriate).’’. BASED SERVICES.—The State establishes needs- independent assessment, based on the needs of (b) EFFECTIVE DATE.—The amendments made based criteria for determining an individual’s the individual to— by subsection (a) take effect on the date of the eligibility under the State plan for medical as- ‘‘(I) determine a necessary level of services enactment of this Act. sistance for such home and community-based and supports to be provided, consistent with an SEC. 6084. EXTENSION OF TRANSITIONAL MED- services, and if the individual is eligible for such individual’s physical and mental capacity; ICAL ASSISTANCE (TMA) AND ABSTI- services, the specific home and community-based ‘‘(II) prevent the provision of unnecessary or NENCE EDUCATION PROGRAM. services that the individual will receive. inappropriate care; and Effective as if enacted on December 31, 2005, ‘‘(B) ESTABLISHMENT OF MORE STRINGENT ‘‘(III) establish an individualized care plan activities authorized by sections 510 and 1925 of NEEDS-BASED ELIGIBILITY CRITERIA FOR INSTITU- for the individual in accordance with subpara- the Social Security Act shall continue through TIONALIZED CARE.—The State establishes needs- graph (G). December 31, 2006, in the manner authorized for based criteria for determining whether an indi- ‘‘(F) ASSESSMENT.—The independent assess- fiscal year 2005, notwithstanding section vidual requires the level of care provided in a ment required under subparagraph (E)(ii) shall 1902(e)(1)(A) of such Act, and out of any money hospital, a nursing facility, or an intermediate include the following: in the Treasury of the United States not other- care facility for the mentally retarded under the ‘‘(i) An objective evaluation of an individual’s wise appropriated, there are hereby appro- State plan or under any waiver of such plan inability to perform 2 or more activities of daily priated such sums as may be necessary for such that are more stringent than the needs-based living (as defined in section 7702B(c)(2)(B) of purpose. Grants and payments may be made criteria established under subparagraph (A) for the Internal Revenue Code of 1986) or the need pursuant to this authority through the first determining eligibility for home and community- for significant assistance to perform such activi- quarter of fiscal year 2007 at the level provided based services. ties.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 614 CONGRESSIONAL RECORD—HOUSE February 1, 2006 ‘‘(ii) A face-to-face evaluation of the indi- ‘‘(aa) specifies those services which the indi- section 1902(a)(1) (relating to statewideness) and vidual by an individual trained in the assess- vidual or the individual’s authorized represent- section 1902(a)(10)(C)(i)(III) (relating to income ment and evaluation of individuals whose phys- ative would be responsible for directing; and resource rules applicable in the commu- ical or mental conditions trigger a potential ‘‘(bb) identifies the methods by which the in- nity), but only for purposes of provided home need for home and community-based services. dividual or the individual’s authorized rep- and community-based services in accordance ‘‘(iii) Where appropriate, consultation with resentative will select, manage, and dismiss pro- with such amendment. Any such election shall the individual’s family, spouse, guardian, or viders of such services; not be construed to apply to the provision of other responsible individual. ‘‘(cc) specifies the role of family members and services to an individual receiving medical as- ‘‘(iv) Consultation with appropriate treating others whose participation is sought by the indi- sistance in an institutionalized setting as a re- and consulting health and support professionals vidual or the individual’s authorized represent- sult of a determination that the individual re- caring for the individual. ative with respect to such services; quires the level of care provided in a hospital or ‘‘(v) An examination of the individual’s rel- ‘‘(dd) is developed through a person-centered a nursing facility or intermediate care facility evant history, medical records, and care and process that is directed by the individual or the for the mentally retarded. support needs, guided by best practices and re- individual’s authorized representative, builds ‘‘(4) NO EFFECT ON OTHER WAIVER AUTHOR- search on effective strategies that result in im- upon the individual’s capacity to engage in ac- ITY.—Nothing in this subsection shall be con- proved health and quality of life outcomes. tivities that promote community life and that re- strued as affecting the option of a State to offer ‘‘(vi) If the State offers individuals the option spects the individual’s preferences, choices, and home and community-based services under a to self-direct the purchase of, or control the re- abilities, and involves families, friends, and pro- waiver under subsections (c) or (d) of this sec- ceipt of, home and community-based service, an fessionals as desired or required by the indi- tion or under section 1115. evaluation of the ability of the individual or the vidual or the individual’s authorized represent- ‘‘(5) CONTINUATION OF FEDERAL FINANCIAL individual’s representative to self-direct the pur- ative; PARTICIPATION FOR MEDICAL ASSISTANCE PRO- chase of, or control the receipt of, such services ‘‘(ee) includes appropriate risk management VIDED TO INDIVIDUALS AS OF EFFECTIVE DATE OF if the individual so elects. techniques that recognize the roles and sharing STATE PLAN AMENDMENT.—Notwithstanding ‘‘(G) INDIVIDUALIZED CARE PLAN.— of responsibilities in obtaining services in a self- paragraph (1)(B), Federal financial participa- ‘‘(i) IN GENERAL.—In the case of an individual directed manner and assure the appropriateness tion shall continue to be available for an indi- who is determined to be eligible for home and of such plan based upon the resources and ca- vidual who is receiving medical assistance in an community-based services, the State uses the pabilities of the individual or the individual’s institutionalized setting, or home and commu- independent assessment required under sub- authorized representative; and nity-based services provided under a waiver paragraph (E)(ii) to establish a written individ- ‘‘(ff) may include an individualized budget under this section or section 1115 that is in ef- ualized care plan for the individual. which identifies the dollar value of the services fect as of the effective date of the State plan ‘‘(ii) PLAN REQUIREMENTS.—The State ensures and supports under the control and direction of amendment submitted under this subsection, as that the individualized care plan for an indi- the individual or the individual’s authorized a result of a determination that the individual vidual— representative. requires the level of care provided in a hospital ‘‘(I) is developed— ‘‘(IV) BUDGET PROCESS.—With respect to indi- or a nursing facility or intermediate care facility ‘‘(aa) in consultation with the individual, the vidualized budgets described in subclause for the mentally retarded, without regard to individual’s treating physician, health care or (III)(ff), the State plan amendment— whether such individuals satisfy the more strin- support professional, or other appropriate indi- ‘‘(aa) describes the method for calculating the gent eligibility criteria established under that viduals, as defined by the State, and, where ap- dollar values in such budgets based on reliable paragraph, until such time as the individual is propriate the individual’s family, caregiver, or costs and service utilization; discharged from the institution or waiver pro- representative; and ‘‘(bb) defines a process for making adjust- gram or no longer requires such level of care.’’. ‘‘(bb) taking into account the extent of, and ments in such dollar values to reflect changes in (b) QUALITY OF CARE MEASURES.— need for, any family or other supports for the individual assessments and service plans; and (1) IN GENERAL.—The Secretary, acting individual; ‘‘(cc) provides a procedure to evaluate expend- through the Director of the Agency for ‘‘(II) identifies the necessary home and com- itures under such budgets. Healthcare Research and Quality, shall consult munity-based services to be furnished to the in- ‘‘(H) QUALITY ASSURANCE; CONFLICT OF INTER- with consumers, health and social service pro- dividual (or, if the individual elects to self-direct EST STANDARDS.— viders and other professionals knowledgeable the purchase of, or control the receipt of, such ‘‘(i) QUALITY ASSURANCE.—The State ensures about long-term care services and supports to services, funded for the individual); and that the provision of home and community- develop program performance indicators, client ‘‘(III) is reviewed at least annually and as based services meets Federal and State guide- function indicators, and measures of client sat- needed when there is a significant change in the lines for quality assurance. isfaction with respect to home and community- individual’s circumstances. ‘‘(ii) CONFLICT OF INTEREST STANDARDS.—The based services offered under State Medicaid pro- ‘‘(iii) STATE OPTION TO OFFER ELECTION FOR State establishes standards for the conduct of grams. SELF-DIRECTED SERVICES.— the independent evaluation and the inde- (2) BEST PRACTICES.—The Secretary shall— ‘‘(I) INDIVIDUAL CHOICE.—At the option of the pendent assessment to safeguard against con- (A) use the indicators and measures developed State, the State may allow an individual or the flicts of interest. under paragraph (1) to assess such home and individual’s representative to elect to receive ‘‘(I) REDETERMINATIONS AND APPEALS.—The community-based services, the outcomes associ- self-directed home and community-based serv- State allows for at least annual redetermina- ated with the receipt of such services (particu- ices in a manner which gives them the most con- tions of eligibility, and appeals in accordance larly with respect to the health and welfare of trol over such services consistent with the indi- with the frequency of, and manner in which, re- the recipient of the services), and the overall vidual’s abilities and the requirements of sub- determinations and appeals of eligibility are system for providing home and community-based clauses (II) and (III). made under the State plan. services under the Medicaid program under title ‘‘(II) SELF-DIRECTED SERVICES.—The term ‘‘(J) PRESUMPTIVE ELIGIBILITY FOR ASSESS- XIX of the Social Security Act; and ‘self-directed’ means, with respect to the home MENT.—The State, at its option, elects to provide (B) make publicly available the best practices and community-based services offered under the for a period of presumptive eligibility (not to ex- identified through such assessment and a com- State plan amendment, such services for the in- ceed a period of 60 days) only for those individ- parative analyses of the system features of each dividual which are planned and purchased uals that the State has reason to believe may be State. under the direction and control of such indi- eligible for home and community-based services. (3) APPROPRIATION.—Out of any funds in the vidual or the individual’s authorized represent- Such presumptive eligibility shall be limited to Treasury not otherwise appropriated, there is ative, including the amount, duration, scope, medical assistance for carrying out the inde- appropriated to the Secretary of Health and provider, and location of such services, under pendent evaluation and assessment under sub- Human Services, $1,000,000 for the period of fis- the State plan consistent with the following re- paragraph (E) to determine an individual’s eli- cal years 2006 through 2010 to carry out this quirements: gibility for such services and if the individual is subsection. ‘‘(aa) ASSESSMENT.—There is an assessment of so eligible, the specific home and community- (c) EFFECTIVE DATE.—The amendments made the needs, capabilities, and preferences of the based services that the individual will receive. by subsections (a) and (b) take effect on Janu- individual with respect to such services. ‘‘(2) DEFINITION OF INDIVIDUAL’S REPRESENTA- ary 1, 2007, and apply to expenditures for med- ‘‘(bb) SERVICE PLAN.—Based on such assess- TIVE.—In this section, the term ‘individual’s ical assistance for home and community-based ment, there is developed jointly with such indi- representative’ means, with respect to an indi- services provided in accordance with section vidual or the individual’s authorized represent- vidual, a parent, a family member, or a guard- 1915(i) of the Social Security Act (as added by ative a plan for such services for such indi- ian of the individual, an advocate for the indi- subsections (a) and (b)) on or after that date. vidual that is approved by the State and that vidual, or any other individual who is author- SEC. 6087. OPTIONAL CHOICE OF SELF-DIRECTED satisfies the requirements of subclause (III). ized to represent the individual. PERSONAL ASSISTANCE SERVICES ‘‘(III) PLAN REQUIREMENTS.—For purposes of ‘‘(3) NONAPPLICATION.—A State may elect in (CASH AND COUNSELING). subclause (II)(bb), the requirements of this sub- the State plan amendment approved under this (a) EXEMPTION FROM CERTAIN REQUIRE- clause are that the plan— section to not comply with the requirements of MENTS.—Section 1915 of the Social Security Act

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(42 U.S.C. 1396n), as amended by section 6086(a), rected services plan and budget, purchase per- ‘‘(d) ADDITIONAL ALLOTMENTS TO ELIMINATE is amended by adding at the end the following sonal assistance and related services, and per- FUNDING SHORTFALLS.— new subsection: mits participants to hire, fire, supervise, and ‘‘(1) APPROPRIATION; ALLOTMENT AUTHOR- ‘‘(j)(1) A State may provide, as ‘medical assist- manage the individuals providing such services. ITY.—For the purpose of providing additional ance’, payment for part or all of the cost of self- ‘‘(B) At the election of the State— allotments to shortfall States described in para- directed personal assistance services (other than ‘‘(i) a participant may choose to use any indi- graph (2), there is appropriated, out of any room and board) under the plan which are pro- vidual capable of providing the assigned tasks money in the Treasury not otherwise appro- vided pursuant to a written plan of care to indi- including legally liable relatives as paid propriated, $283,000,000 for fiscal year 2006. viduals with respect to whom there has been a viders of the services; and ‘‘(2) SHORTFALL STATES DESCRIBED.—For pur- determination that, but for the provision of such ‘‘(ii) the individual may use the individual’s poses of paragraph (1), a shortfall State de- services, the individuals would require and re- budget to acquire items that increase independ- scribed in this paragraph is a State with a State ceive personal care services under the plan, or ence or substitute (such as a microwave oven or child health plan approved under this title for home and community-based services provided an accessibility ramp) for human assistance, to which the Secretary estimates, on the basis of pursuant to a waiver under subsection (c). Self- the extent that expenditures would otherwise be the most recent data available to the Secretary directed personal assistance services may not be made for the human assistance. as of December 16, 2005, that the projected ex- provided under this subsection to individuals ‘‘(5) For purpose of this section, the term ‘ap- penditures under such plan for such State for who reside in a home or property that is owned, proved self-directed services plan and budget’ fiscal year 2006 will exceed the sum of— operated, or controlled by a provider of services, means, with respect to a participant, the estab- ‘‘(A) the amount of the State’s allotments for not related by blood or marriage. lishment of a plan and budget for the provision each of fiscal years 2004 and 2005 that will not ‘‘(2) The Secretary shall not grant approval of self-directed personal assistance services, con- be expended by the end of fiscal year 2005; for a State self-directed personal assistance serv- sistent with the following requirements: ‘‘(B) the amount, if any, that is to be redis- ices program under this section unless the State ‘‘(A) SELF-DIRECTION.—The participant (or in tributed to the State during fiscal year 2006 in provides assurances satisfactory to the Sec- the case of a participant who is a minor child, accordance with subsection (f); and retary of the following: the participant’s parent or guardian, or in the ‘‘(C) the amount of the State’s allotment for ‘‘(A) Necessary safeguards have been taken to case of an incapacitated adult, another indi- fiscal year 2006. protect the health and welfare of individuals vidual recognized by State law to act on behalf ‘‘(3) ALLOTMENTS.—In addition to the allot- provided services under the program, and to as- of the participant) exercises choice and control ments provided under subsections (b) and (c), sure financial accountability for funds ex- over the budget, planning, and purchase of self- subject to paragraph (4), of the amount avail- pended with respect to such services. directed personal assistance services, including able for the additional allotments under para- ‘‘(B) The State will provide, with respect to the amount, duration, scope, provider, and loca- graph (1) for fiscal year 2006, the Secretary shall individuals who— tion of service provision. allot— ‘‘(A) to each shortfall State described in para- ‘‘(i) are entitled to medical assistance for per- ‘‘(B) ASSESSMENT OF NEEDS.—There is an as- graph (2) such amount as the Secretary deter- sonal care services under the plan, or receive sessment of the needs, strengths, and pref- mines will eliminate the estimated shortfall de- home and community-based services under a erences of the participants for such services. scribed in such paragraph for the State; and waiver granted under subsection (c); ‘‘(C) SERVICE PLAN.—A plan for such services ‘‘(B) to each commonwealth or territory de- ‘‘(ii) may require self-directed personal assist- (and supports for such services) for the partici- scribed in subsection (c)(3), the same proportion ance services; and pant has been developed and approved by the as the proportion of the commonwealth’s or ter- ‘‘(iii) may be eligible for self-directed personal State based on such assessment through a per- ritory’s allotment under subsection (c) (deter- assistance services, son-centered process that— mined without regard to subsection (f)) to 1.05 an evaluation of the need for personal care ‘‘(i) builds upon the participant’s capacity to percent of the amount appropriated under para- under the plan, or personal services under a engage in activities that promote community life graph (1). waiver granted under subsection (c). and that respects the participant’s preferences, ‘‘(4) USE OF ADDITIONAL ALLOTMENT.—Addi- ‘‘(C) Such individuals who are determined to choices, and abilities; and tional allotments provided under this subsection be likely to require personal care under the ‘‘(ii) involves families, friends, and profes- are only available for amounts expended under plan, or home and community-based services sionals in the planning or delivery of services or a State plan approved under this title for child under a waiver granted under subsection (c) are supports as desired or required by the partici- health assistance for targeted low-income chil- informed of the feasible alternatives, if available pant. dren. under the State’s self-directed personal assist- ‘‘(D) SERVICE BUDGET.—A budget for such ‘‘(5) 1-YEAR AVAILABILITY; NO REDISTRIBUTION ance services program, at the choice of such in- services and supports for the participant has OF UNEXPENDED ADDITIONAL ALLOTMENTS.—Not- dividuals, to the provision of personal care serv- been developed and approved by the State based on such assessment and plan and on a method- withstanding subsections (e) and (f), amounts ices under the plan, or personal assistance serv- allotted to a State pursuant to this subsection ices under a waiver granted under subsection ology that uses valid, reliable cost data, is open to public inspection, and includes a calculation for fiscal year 2006 shall only remain available (c). for expenditure by the State through September ‘‘(D) The State will provide for a support sys- of the expected cost of such services if those services were not self-directed. The budget may 30, 2006. Any amounts of such allotments that tem that ensures participants in the self-directed remain unexpended as of such date shall not be personal assistance services program are appro- not restrict access to other medically necessary care and services furnished under the plan and subject to redistribution under subsection (f) priately assessed and counseled prior to enroll- and shall revert to the Treasury on October 1, ment and are able to manage their budgets. Ad- approved by the State but not included in the budget. 2006.’’. ditional counseling and management support ONFORMING AMENDMENTS ‘‘(E) APPLICATION OF QUALITY ASSURANCE AND (b) C .—Section 2104 may be provided at the request of the partici- of the Social Security Act (42 U.S.C. 1397dd) is pant. RISK MANAGEMENT.—There are appropriate quality assurance and risk management tech- amended— ‘‘(E) The State will provide to the Secretary (1) in subsection (a), by inserting ‘‘subject to an annual report on the number of individuals niques used in establishing and implementing such plan and budget that recognize the roles subsection (d),’’ after ‘‘under this section,’’; served and total expenditures on their behalf in (2) in subsection (b)(1), by inserting ‘‘and sub- and responsibilities in obtaining services in a the aggregate. The State shall also provide an section (d)’’ after ‘‘Subject to paragraph (4)’’; self-directed manner and assure the appro- evaluation of overall impact on the health and and priateness of such plan and budget based upon welfare of participating individuals compared to (3) in subsection (c)(1), by inserting ‘‘subject the participant’s resources and capabilities. non-participants every three years. to subsection (d),’’ after ‘‘for a fiscal year,’’. ‘‘(6) A State may employ a financial manage- ‘‘(3) A State may provide self-directed per- (c) EFFECTIVE DATE.—The amendments made ment entity to make payments to providers, sonal assistance services under the State plan by this section apply to items and services fur- track costs, and make reports under the pro- without regard to the requirements of section nished on or after October 1, 2005, without re- gram. Payment for the activities of the financial 1902(a)(1) and may limit the population eligible gard to whether or not regulations implementing management entity shall be at the administra- to receive these services and limit the number of such amendments have been issued. tive rate established in section 1903(a).’’. persons served without regard to section SEC. 6102. PROHIBITION AGAINST COVERING (b) EFFECTIVE DATE.—The amendment made 1902(a)(10)(B). NONPREGNANT CHILDLESS ADULTS ‘‘(4)(A) For purposes of this subsection, the by subsection (a) shall apply to services fur- WITH SCHIP FUNDS. term ‘self-directed personal assistance services’ nished on or after January 1, 2007. (a) PROHIBITION ON USE OF SCHIP FUNDS.— means personal care and related services, or Subtitle B—SCHIP Section 2107 of the Social Security Act (42 U.S.C. home and community-based services otherwise SEC. 6101. ADDITIONAL ALLOTMENTS TO ELIMI- 1397gg) is amended by adding at the end the fol- available under the plan under this title or sub- NATE FISCAL YEAR 2006 FUNDING lowing: section (c), that are provided to an eligible par- SHORTFALLS. ‘‘(f) LIMITATION OF WAIVER AUTHORITY.—Not- ticipant under a self-directed personal assist- (a) IN GENERAL.—Section 2104 of the Social withstanding subsection (e)(2)(A) and section ance services program under this section, under Security Act (42 U.S.C. 1397dd) is amended by 1115(a), the Secretary may not approve a waiv- which individuals, within an approved self-di- inserting after subsection (c) the following: er, experimental, pilot, or demonstration project

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that would allow funds made available under (ii) for child health assistance furnished (d) TIME LIMITS ON PAYMENTS.— this title to be used to provide child health as- under title XXI of such Act; (1) No payments shall be made by the Sec- sistance or other health benefits coverage to a (B) with respect to evacuees who do not have retary under subsection (a)(1)(A) or (a)(1)(C), nonpregnant childless adult. For purposes of other coverage for such assistance through infor costs of health care provided to an eligible the preceding sentence, a caretaker relative (as surance, including (but not limited to) private evacuee or affected individual for services for such term is defined for purposes of carrying out insurance, under title XIX or title XXI of the such individual incurred after June 30, 2006. section 1931) shall not be considered a childless Social Security Act, or under State-funded (2) No payments shall be made by the Sec- adult.’’. health insurance programs, for the total uncom- retary under subsection (a)(1)(B) or (a)(1)(D) for (b) CONFORMING AMENDMENTS.—Section pensated care costs incurred for medically nec- costs of health care incurred after January 31, 2105(c)(1) of such Act (42 U.S.C. 1397ee(c)(1)) is essary services and supplies or premium assist- 2006. amended— ance for such persons, and for those evacuees (3) No payments may be made under sub- (1) by inserting ‘‘and may not include cov- receiving medical assistance under the project section (a)(1)(B) or (a)(1)(D) for an item or serv- erage of a nonpregnant childless adult’’ after for the total uncompensated care costs incurred ice that an evacuee or an affected individual ‘‘section 2101)’’; and for medically necessary services and supplies be- has received from an individual or organization (2) by adding at the end the following: ‘‘For yond those included as medical assistance or as part of a public or private hurricane relief ef- purposes of the preceding sentence, a caretaker child health assistance under the State’s ap- fort. relative (as such term is defined for purposes of proved plan under title XIX or title XXI of the (e) APPROPRIATIONS.—For the purpose of pro- carrying out section 1931) shall not be consid- Social Security Act; viding funds for payments under this section, in ered a childless adult.’’. (C) with respect to affected individuals receiv- addition to any funds made available for the (c) RULE OF CONSTRUCTION.—Nothing in this ing health care under such project for the non- National Disaster Medical System under the De- section or the amendments made by this section Federal share of the following expenditures: partment of Homeland Security for health care shall be construed to— (i) for medical assistance furnished under title costs related to Hurricane Katrina, including (1) authorize the waiver of any provision of XIX of the Social Security Act, and under a section 1115 project, there is appro- title XIX or XXI of the Social Security Act (42 (ii) for child health assistance furnished priated out of any money in the Treasury not U.S.C. 1396 et seq., 1397aa et seq.) that is not under title XXI of such Act; and otherwise appropriated, $2,000,000,000, to remain otherwise authorized to be waived under such (D) with respect to affected individuals who available to the Secretary until expended. The titles or under title XI of such Act (42 U.S.C. do not have other coverage for such assistance total amount of payments made under sub- 1301 et seq.) as of the date of enactment of this through insurance, including (but not limited section (a) may not exceed the total amount ap- Act; to) private insurance, under title XIX or title propriated under this subsection. (2) imply congressional approval of any waiv- XXI of the Social Security Act, or under State- er, experimental, pilot, or demonstration project SEC. 6202. STATE HIGH RISK HEALTH INSURANCE funded health insurance programs, for the total POOL FUNDING. affecting funds made available under the State uncompensated care costs incurred for medically (a) IN GENERAL.—There are hereby authorized children’s health insurance program under title necessary services and supplies or premium as- and appropriated for fiscal year 2006— XXI of the Social Security Act (42 U.S.C. 1397aa sistance for such persons, and for those affected (1) $75,000,000 for grants under subsection et. seq.) or any amendment to such a waiver or individuals receiving medical assistance under (b)(1) of section 2745 of the Public Health Serv- project that has been approved as of such date the project for the total uncompensated care ice Act (42 U.S.C. 300gg-45); and of enactment; or costs incurred for medically necessary services (3) apply to any waiver, experimental, pilot, (2) $15,000,000 for grants under subsection (a) and supplies beyond those included as medical or demonstration project that would allow funds of such section. assistance or child health assistance under the made available under title XXI of the Social Se- (b) TREATMENT.—The amount appropriated State’s approved plan under title XIX or title curity Act (42 U.S.C. 1397aa et seq.) to be used under— XXI of the Social Security Act. to provide child health assistance or other (1) paragraph (1) shall be treated as if it had (2) For reimbursement of the reasonable ad- health benefits coverage to a nonpregnant child- been appropriated under subsection (c)(2) of ministrative costs related to subparagraphs (A) less adult that is approved before the date of en- such section; and through (D) of paragraph (1) as determined by actment of this Act or to any extension, re- (2) paragraph (2) shall be treated as if it had the Secretary. newal, or amendment of such a waiver or been appropriated under subsection (c)(1) of (3) Only with respect to affected counties or project that is approved on or after such date of such section. parishes, for reimbursement with respect to indi- enactment. (c) REFERENCES.—Effective upon the enact- viduals receiving medical assistance under exist- (d) EFFECTIVE DATE.—This section and the ment of the State High Risk Pool Funding Ex- amendments made by this section shall take ef- ing State plans approved by the Secretary of tension Act of 2005— fect as if enacted on October 1, 2005, and shall Health and Human Services for the following (1) subsection (a)(1) shall be applied by sub- apply to any waiver, experimental, pilot, or non-Federal share of expenditures: stituting ‘‘subsections (b)(2) and (c)(3)’’ for demonstration project that is approved on or (A) For medical assistance furnished under ‘‘subsection ‘‘(b)(1)’’; after that date. title XIX of the Social Security Act. (2) subsection (b)(1) shall be applied by sub- (B) For child health assistance furnished stituting ‘‘(d)(1)(B)’’ for ‘‘(c)(2)’’; and SEC. 6103. CONTINUED AUTHORITY FOR QUALI- under title XXI of such Act. FYING STATES TO USE CERTAIN (3) subsection (b)(2) shall be applied by sub- FUNDS FOR MEDICAID EXPENDI- (4) For other purposes, if approved by the Sec- stituting ‘‘(d)(1)(A)’’ for ‘‘(c)(1)’’. TURES. retary under the Secretary’s authority, to re- SEC. 6203. IMPLEMENTATION FUNDING. (a) IN GENERAL.—Section 2105(g)(1)(A) of the store access to health care in impacted commu- For purposes of implementing the provisions Social Security Act (42 U.S.C. 1397ee(g)(1)(A)) is nities. of, and amendments made by, title V of this Act amended by striking ‘‘or 2001’’ and inserting (b) DEFINITIONS.—For purposes of this section: and this title— ‘‘2001, 2004, or 2005’’. (1) The term ‘‘affected individual’’ means an (1) the Secretary of Health and Human Serv- (b) EFFECTIVE DATE.—The amendment made individual who resided in an individual assist- ices shall provide for the transfer, in appro- by subsection (a) shall apply to expenditures ance designation county or parish pursuant to priate part from the Federal Hospital Insurance made under title XIX of the Social Security Act section 408 of the Robert T. Stafford Disaster Trust Fund established under section 1817 of the (42 U.S.C. 1396 et seq.) on or after October 1, Relief and Emergency Assistance Act, as de- Social Security Act (42 U.S.C. 1395i) and the 2005. clared by the President as a result of Hurricane Federal Supplementary Medical Insurance Subtitle C—Katrina Relief Katrina and continues to reside in the same Trust Fund established under section 1841 of State that such county or parish is located in. such Act (42 U.S.C. 1395t), of $30,000,000 to the SEC. 6201. ADDITIONAL FEDERAL PAYMENTS (2) The term ‘‘affected counties or parishes’’ UNDER HURRICANE-RELATED Centers for Medicare & Medicaid Services Pro- MULTI-STATE SECTION 1115 DEM- means a county or parish described in para- gram Management Account for fiscal year 2006; ONSTRATIONS. graph (1). and (a) IN GENERAL.—The Secretary of Health and (3) The term ‘‘evacuee’’ means an affected in- (2) out of any funds in the Treasury not oth- Human Services shall pay to each eligible State, dividual who has been displaced to another erwise appropriated, there are appropriated to from amounts appropriated pursuant to sub- State. such Secretary for the Centers for Medicare & section (e), amounts for the following purposes: (4) The term ‘‘eligible State’’ means a State Medicaid Services Program Management Ac- (1) Under the authority of an approved Multi- that has provided care to affected individuals or count, $30,000,000 for fiscal year 2006. State Section 1115 Demonstration Project (in evacuees under a section 1115 project. TITLE VII—HUMAN RESOURCES AND this section referred to as an ‘‘section 1115 (c) APPLICATION TO MATCHING REQUIRE- OTHER PROVISIONS project’’)— MENTS.—The non-Federal share paid under this (A) with respect to evacuees receiving health section shall not be regarded as Federal funds SEC. 7001. REFERENCES. care under such project, for the non-Federal for purposes of Medicaid matching require- Except as otherwise expressly provided, wher- share of expenditures: ments, the effect of which is to provide fiscal re- ever in this title an amendment or repeal is ex- (i) for medical assistance furnished under title lief to the State in which the Medicaid eligible pressed in terms of an amendment to, or repeal XIX of the Social Security Act, and individual originally resided. of, a section or other provision, the amendment

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or repeal shall be considered to be made to a sec- (b) INCLUSION OF FAMILIES RECEIVING ASSIST- of work, and who is a work-eligible individual, tion or other provision of the Social Security ANCE UNDER SEPARATE STATE PROGRAMS IN in accordance with the regulations promulgated Act. CALCULATION OF PARTICIPATION RATES.— pursuant to paragraph (1)(A)(i) and shall estab- Subtitle A—TANF (1) Section 407 (42 U.S.C. 607) is amended in lish internal controls to ensure compliance with each of subsections (a)(1), (a)(2), (b)(1)(B)(i), the procedures.’’. SEC. 7101. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND RELATED PROGRAMS (c)(2)(A)(i), (e)(1), and (e)(2), by inserting ‘‘or (2) STATE PENALTY FOR FAILURE TO ESTABLISH FUNDING THROUGH SEPTEMBER 30, any other State program funded with qualified OR COMPLY WITH WORK PARTICIPATION 2010. State expenditures (as defined in section VERIFICATION PROCEDURES.—Section 409(a) (42 (a) IN GENERAL.—Activities authorized by part 409(a)(7)(B)(i))’’ after ‘‘this part’’. U.S.C. 609(a)) is amended by adding at the end A of title IV and section 1108(b) of the Social Se- (2) Section 411(a)(1) (42 U.S.C. 611(a)(1)) is the following: curity Act (adjusted, as applicable, by or under amended— ‘‘(15) PENALTY FOR FAILURE TO ESTABLISH OR this subtitle, the amendments made by this sub- (A) in subparagraph (A), by inserting ‘‘or any COMPLY WITH WORK PARTICIPATION title, and the TANF Emergency Response and other State program funded with qualified State VERIFICATION PROCEDURES.— Recovery Act of 2005) shall continue through expenditures (as defined in section ‘‘(A) IN GENERAL.—If the Secretary determines September 30, 2010, in the manner authorized for 409(a)(7)(B)(i))’’ before the colon; and that a State to which a grant is made under sec- fiscal year 2004, and out of any money in the (B) in subparagraph (B)(ii), by inserting ‘‘and tion 403 in a fiscal year has violated section Treasury of the United States not otherwise ap- any other State programs funded with qualified 407(i)(2) during the fiscal year, the Secretary propriated, there are hereby appropriated such State expenditures (as defined in section shall reduce the grant payable to the State sums as may be necessary for such purpose. 409(a)(7)(B)(i))’’ after ‘‘this part’’. under section 403(a)(1) for the immediately suc- Grants and payments may be made pursuant to (c) IMPROVED VERIFICATION AND OVERSIGHT ceeding fiscal year by an amount equal to not this authority on a quarterly basis through fis- OF WORK PARTICIPATION.— less than 1 percent and not more than 5 percent cal year 2010 at the level provided for such ac- (1) IN GENERAL.—Section 407(i) (42 U.S.C. of the State family assistance grant. tivities for the corresponding quarter of fiscal 607(i)) is amended to read as follows: ‘‘(B) PENALTY BASED ON SEVERITY OF FAIL- year 2004 (or, as applicable, at such greater level ‘‘(i) VERIFICATION OF WORK AND WORK-ELIGI- URE.—The Secretary shall impose reductions as may result from the application of this sub- BLE INDIVIDUALS IN ORDER TO IMPLEMENT RE- under subparagraph (A) with respect to a fiscal title, the amendments made by this subtitle, and FORMS.— year based on the degree of noncompliance.’’. the TANF Emergency Response and Recovery ‘‘(1) SECRETARIAL DIRECTION AND OVER- (d) EFFECTIVE DATE.—The amendments made Act of 2005), except that in the case of section SIGHT.— by subsections (a) and (b) shall take effect on 403(a)(3) of the Social Security Act, grants and ‘‘(A) REGULATIONS FOR DETERMINING WHETHER October 1, 2006. payments may be made pursuant to this author- ACTIVITIES MAY BE COUNTED AS ‘WORK ACTIVI- SEC. 7103. GRANTS FOR HEALTHY MARRIAGE ity only through fiscal year 2008 and in the case TIES’, HOW TO COUNT AND VERIFY REPORTED PROMOTION AND RESPONSIBLE FA- of section 403(a)(4) of the Social Security Act, no HOURS OF WORK, AND DETERMINING WHO IS A THERHOOD. grants shall be made for any fiscal year occur- WORK-ELIGIBLE INDIVIDUAL.— (a) HEALTHY MARRIAGE AND FAMILY FUNDS.— ring after fiscal year 2005. ‘‘(i) IN GENERAL.—Not later than June 30, Section 403(a)(2) (42 U.S.C. 603(a)(2)) is amend- (b) CONFORMING AMENDMENTS.—Part A of 2006, the Secretary shall promulgate regulations ed to read as follows: title IV (42 U.S.C. 601 et seq.) is amended— to ensure consistent measurement of work par- ‘‘(2) HEALTHY MARRIAGE PROMOTION AND RE- (1) in section 403(a)(3)(H)(ii), by striking ‘‘De- ticipation rates under State programs funded SPONSIBLE FATHERHOOD GRANTS.— cember, 31, 2005’’ and inserting ‘‘fiscal year under this part and State programs funded with ‘‘(A) IN GENERAL.— 2008’’; qualified State expenditures (as defined in sec- ‘‘(i) USE OF FUNDS.—Subject to subparagraphs (2) in section 403(b)(3)(C)(ii), by striking tion 409(a)(7)(B)(i)), which shall include infor- (B) and (C), the Secretary may use the funds ‘‘2006’’ and inserting ‘‘2010’’; and mation with respect to— made available under subparagraph (D) for the (3) in section 409(a)(7)— ‘‘(I) determining whether an activity of a re- purpose of conducting and supporting research (A) in subparagraph (A), by striking ‘‘or 2007’’ cipient of assistance may be treated as a work and demonstration projects by public or private and inserting ‘‘2007, 2008, 2009, 2010, or 2011’’; activity under subsection (d); entities, and providing technical assistance to and ‘‘(II) uniform methods for reporting hours of States, Indian tribes and tribal organizations, (B) in subparagraph (B)(ii), by striking work by a recipient of assistance; and such other entities as the Secretary may ‘‘2006’’ and inserting ‘‘2010’’. ‘‘(III) the type of documentation needed to specify that are receiving a grant under another (c) EXTENSION OF THE NATIONAL RANDOM verify reported hours of work by a recipient of provision of this part. SAMPLE STUDY OF CHILD WELFARE THROUGH assistance; and ‘‘(ii) LIMITATIONS.—The Secretary may not SEPTEMBER 30, 2010.—Activities authorized by ‘‘(IV) the circumstances under which a parent award funds made available under this para- section 429A of the Social Security Act shall who resides with a child who is a recipient of graph on a noncompetitive basis, and may not continue through September 30, 2010, in the assistance should be included in the work par- provide any such funds to an entity for the pur- manner authorized for fiscal year 2004, and out ticipation rates. pose of carrying out healthy marriage promotion of any money in the Treasury of the United ‘‘(ii) ISSUANCE OF REGULATIONS ON AN INTERIM activities or for the purpose of carrying out ac- States not otherwise appropriated, there are FINAL BASIS.—The regulations referred to in tivities promoting responsible fatherhood unless hereby appropriated such sums as may be nec- clause (i) may be effective and final immediately the entity has submitted to the Secretary an ap- essary for such purpose. Grants and payments on an interim basis as of the date of publication plication which— may be made pursuant to this authority on a of the regulations. If the Secretary provides for ‘‘(I) describes— quarterly basis through fiscal year 2010 at the an interim final regulation, the Secretary shall ‘‘(aa) how the programs or activities proposed level provided for such activities for the cor- provide for a period of public comment on the in the application will address, as appropriate, responding quarter of fiscal year 2004. regulation after the date of publication. The issues of domestic violence; and SEC. 7102. IMPROVED CALCULATION OF WORK Secretary may change or revise the regulation ‘‘(bb) what the applicant will do, to the extent PARTICIPATION RATES AND PRO- after the public comment period. relevant, to ensure that participation in the pro- GRAM INTEGRITY. ‘‘(B) OVERSIGHT OF STATE PROCEDURES.—The grams or activities is voluntary, and to inform (a) RECALIBRATION OF CASELOAD REDUCTION Secretary shall review the State procedures es- potential participants that their participation is CREDIT.— tablished in accordance with paragraph (2) to voluntary; and (1) IN GENERAL.—Section 407(b)(3)(A) (42 ensure that such procedures are consistent with ‘‘(II) contains a commitment by the entity— U.S.C. 607(b)(3)(A)) is amended— the regulations promulgated under subpara- ‘‘(aa) to not use the funds for any other pur- (A) in clause (i), by inserting ‘‘or any other graph (A) and are adequate to ensure an accu- pose; and State program funded with qualified State ex- rate measurement of work participation under ‘‘(bb) to consult with experts in domestic vio- penditures (as defined in section the State programs funded under this part and lence or relevant community domestic violence 409(a)(7)(B)(i))’’ after ‘‘this part’’; and any other State programs funded with qualified coalitions in developing the programs and ac- (B) by striking clause (ii) and inserting the State expenditures (as so defined). tivities. following: ‘‘(2) REQUIREMENT FOR STATES TO ESTABLISH ‘‘(iii) HEALTHY MARRIAGE PROMOTION ACTIVI- ‘‘(ii) the average monthly number of families AND MAINTAIN WORK PARTICIPATION TIES.—In clause (ii), the term ‘healthy marriage that received assistance under any State pro- VERIFICATION PROCEDURES.—Not later than Sep- promotion activities’ means the following: gram referred to in clause (i) during fiscal year tember 30, 2006, a State to which a grant is made ‘‘(I) Public advertising campaigns on the 2005.’’. under section 403 shall establish procedures for value of marriage and the skills needed to in- (2) CONFORMING AMENDMENT.—Section determining, with respect to recipients of assist- crease marital stability and health. 407(b)(3)(B) (42 U.S.C. 607(b)(3)(B)) is amended ance under the State program funded under this ‘‘(II) Education in high schools on the value by striking ‘‘and eligibility criteria’’ and all that part or under any State programs funded with of marriage, relationship skills, and budgeting. follows through the close parenthesis and in- qualified State expenditures (as so defined), ‘‘(III) Marriage education, marriage skills, serting ‘‘and the eligibility criteria in effect dur- whether activities may be counted as work ac- and relationship skills programs, that may in- ing fiscal year 2005’’. tivities, how to count and verify reported hours clude parenting skills, financial management,

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conflict resolution, and job and career advance- ‘‘(II) Activities to promote responsible par- ‘‘(a) IN GENERAL.—Subject to subsections (d) ment, for non-married pregnant women and enting through activities such as counseling, and (e), the amounts collected on behalf of a non-married expectant fathers. mentoring, and mediation, disseminating infor- family as support by a State pursuant to a plan ‘‘(IV) Pre-marital education and marriage mation about good parenting practices, skills- approved under this part shall be distributed as skills training for engaged couples and for cou- based parenting education, encouraging child follows: ples or individuals interested in marriage. support payments, and other methods. ‘‘(1) FAMILIES RECEIVING ASSISTANCE.—In the ‘‘(V) Marriage enhancement and marriage ‘‘(III) Activities to foster economic stability by case of a family receiving assistance from the skills training programs for married couples. helping fathers improve their economic status by State, the State shall— ‘‘(VI) Divorce reduction programs that teach providing activities such as work first services, ‘‘(A) pay to the Federal Government the Fed- relationship skills. job search, job training, subsidized employment, eral share of the amount collected, subject to ‘‘(VII) Marriage mentoring programs which job retention, job enhancement, and encour- paragraph (3)(A); use married couples as role models and mentors aging education, including career-advancing ‘‘(B) retain, or pay to the family, the State in at-risk communities. education, dissemination of employment mate- share of the amount collected, subject to para- ‘‘(VIII) Programs to reduce the disincentives rials, coordination with existing employment graph (3)(B); and to marriage in means-tested aid programs, if of- services such as welfare-to-work programs, re- ‘‘(C) pay to the family any remaining amount. fered in conjunction with any activity described ferrals to local employment training initiatives, ‘‘(2) FAMILIES THAT FORMERLY RECEIVED AS- in this subparagraph. and other methods. SISTANCE.—In the case of a family that formerly ‘‘(B) LIMITATION ON USE OF FUNDS FOR DEM- ‘‘(IV) Activities to promote responsible father- received assistance from the State: ONSTRATION PROJECTS FOR COORDINATION OF hood that are conducted through a contract ‘‘(A) CURRENT SUPPORT.—To the extent that PROVISION OF CHILD WELFARE AND TANF SERV- with a nationally recognized, nonprofit father- the amount collected does not exceed the current ICES TO TRIBAL FAMILIES AT RISK OF CHILD hood promotion organization, such as the devel- support amount, the State shall pay the amount ABUSE OR NEGLECT.— opment, promotion, and distribution of a media to the family. ‘‘(i) IN GENERAL.—Of the amounts made avail- campaign to encourage the appropriate involve- ‘‘(B) ARREARAGES.—Except as otherwise pro- able under subparagraph (D) for a fiscal year, ment of parents in the life of any child and spe- vided in an election made under section 454(34), the Secretary may not award more than cifically the issue of responsible fatherhood, and to the extent that the amount collected exceeds $2,000,000 on a competitive basis to fund dem- the development of a national clearinghouse to the current support amount, the State— onstration projects designed to test the effective- assist States and communities in efforts to pro- ‘‘(i) shall first pay to the family the excess ness of tribal governments or tribal consortia in mote and support marriage and responsible fa- amount, to the extent necessary to satisfy sup- coordinating the provision to tribal families at therhood. port arrearages not assigned pursuant to section risk of child abuse or neglect of child welfare ‘‘(D) APPROPRIATION.—Out of any money in 408(a)(3); services and services under tribal programs the Treasury of the United States not otherwise ‘‘(ii) if the amount collected exceeds the funded under this part. appropriated, there are appropriated amount required to be paid to the family under ‘‘(ii) LIMITATION ON USE OF FUNDS.—A grant $150,000,000 for each of fiscal years 2006 through clause (i), shall— made pursuant to clause (i) to such a project 2010, for expenditure in accordance with this ‘‘(I) pay to the Federal Government the Fed- shall not be used for any purpose other than— paragraph.’’. eral share of the excess amount described in this ‘‘(I) to improve case management for families (b) COUNTING OF SPENDING ON CERTAIN PRO- clause, subject to paragraph (3)(A); and eligible for assistance from such a tribal pro- FAMILY ACTIVITIES.—Section 409(a)(7)(B)(i) (42 ‘‘(II) retain, or pay to the family, the State gram; U.S.C. 609(a)(7)(B)(i)) is amended by adding at share of the excess amount described in this ‘‘(II) for supportive services and assistance to the end the following: clause, subject to paragraph (3)(B); and tribal children in out-of-home placements and ‘‘(V) COUNTING OF SPENDING ON CERTAIN PRO- ‘‘(iii) shall pay to the family any remaining the tribal families caring for such children, in- FAMILY ACTIVITIES.—The term ‘qualified State amount. cluding families who adopt such children; and expenditures’ includes the total expenditures by ‘‘(3) LIMITATIONS.— ‘‘(III) for prevention services and assistance to the State during the fiscal year under all State ‘‘(A) FEDERAL REIMBURSEMENTS.—The total of tribal families at risk of child abuse and neglect. programs for a purpose described in paragraph the amounts paid by the State to the Federal ‘‘(iii) REPORTS.—The Secretary may require a (3) or (4) of section 401(a).’’. Government under paragraphs (1) and (2) of recipient of funds awarded under this subpara- Subtitle B—Child Care this subsection with respect to a family shall not graph to provide the Secretary with such infor- exceed the Federal share of the amount assigned SEC. 7201. ENTITLEMENT FUNDING. mation as the Secretary deems relevant to en- with respect to the family pursuant to section Section 418(a)(3) (42 U.S.C. 618(a)(3)) is able the Secretary to facilitate and oversee the 408(a)(3). amended— administration of any project for which funds ‘‘(B) STATE REIMBURSEMENTS.—The total of (1) by striking ‘‘and’’ at the end of subpara- are provided under this subparagraph. the amounts retained by the State under paragraph (E); ‘‘(C) LIMITATION ON USE OF FUNDS FOR ACTIVI- graphs (1) and (2) of this subsection with respect (2) by striking the period at the end of sub- TIES PROMOTING RESPONSIBLE FATHERHOOD.— to a family shall not exceed the State share of paragraph (F) and inserting a semicolon; and ‘‘(i) IN GENERAL.—Of the amounts made avail- the amount assigned with respect to the family (3) by adding at the end the following: able under subparagraph (D) for a fiscal year, pursuant to section 408(a)(3). ‘‘(G) $2,917,000,000 for each of fiscal years 2006 the Secretary may not award more than ‘‘(4) FAMILIES THAT NEVER RECEIVED ASSIST- through 2010.’’. $50,000,000 on a competitive basis to States, ter- ANCE.—In the case of any other family, the ritories, Indian tribes and tribal organizations, Subtitle C—Child Support State shall distribute to the family the portion of and public and nonprofit community entities, SEC. 7301. ASSIGNMENT AND DISTRIBUTION OF the amount so collected that remains after with- including religious organizations, for activities CHILD SUPPORT. holding any fee pursuant to section promoting responsible fatherhood. (a) MODIFICATION OF RULE REQUIRING AS- 454(6)(B)(ii). ‘‘(ii) ACTIVITIES PROMOTING RESPONSIBLE FA- SIGNMENT OF SUPPORT RIGHTS AS A CONDITION ‘‘(5) FAMILIES UNDER CERTAIN AGREEMENTS.— THERHOOD.—In this paragraph, the term ‘activi- OF RECEIVING TANF.—Section 408(a)(3) (42 Notwithstanding paragraphs (1) through (3), in ties promoting responsible fatherhood’ means U.S.C. 608(a)(3)) is amended to read as follows: the case of an amount collected for a family in the following: ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT ASSIGN- accordance with a cooperative agreement under ‘‘(I) Activities to promote marriage or sustain ING CERTAIN SUPPORT RIGHTS TO THE STATE.—A section 454(33), the State shall distribute the marriage through activities such as counseling, State to which a grant is made under section 403 amount collected pursuant to the terms of the mentoring, disseminating information about the shall require, as a condition of paying assist- agreement.’’. benefits of marriage and 2-parent involvement ance to a family under the State program fund- (B) STATE OPTION TO PASS THROUGH ADDI- for children, enhancing relationship skills, edu- ed under this part, that a member of the family TIONAL SUPPORT WITH FEDERAL FINANCIAL PAR- cation regarding how to control aggressive be- assign to the State any right the family member TICIPATION BEGINNING WITH FISCAL YEAR 2009.— havior, disseminating information on the causes may have (on behalf of the family member or of (i) IN GENERAL.—Section 457(a) (42 U.S.C. of domestic violence and child abuse, marriage any other person for whom the family member 657(a)) is amended by adding at the end the fol- preparation programs, premarital counseling, has applied for or is receiving such assistance) lowing: marital inventories, skills-based marriage edu- to support from any other person, not exceeding ‘‘(7) STATE OPTION TO PASS THROUGH ADDI- cation, financial planning seminars, including the total amount of assistance so paid to the TIONAL SUPPORT WITH FEDERAL FINANCIAL PAR- improving a family’s ability to effectively man- family, which accrues during the period that the TICIPATION.— age family business affairs by means such as family receives assistance under the program.’’. ‘‘(A) FAMILIES THAT FORMERLY RECEIVED AS- education, counseling, or mentoring on matters (b) INCREASING CHILD SUPPORT PAYMENTS TO SISTANCE.—Notwithstanding paragraph (2), a related to family finances, including household FAMILIES AND SIMPLIFYING CHILD SUPPORT DIS- State shall not be required to pay to the Federal management, budgeting, banking, and handling TRIBUTION RULES.— Government the Federal share of an amount col- of financial transactions and home mainte- (1) DISTRIBUTION RULES.— lected on behalf of a family that formerly re- nance, and divorce education and reduction (A) IN GENERAL.—Section 457(a) (42 U.S.C. ceived assistance from the State to the extent programs, including mediation and counseling. 657(a)) is amended to read as follows: that the State pays the amount to the family.

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‘‘(B) FAMILIES THAT CURRENTLY RECEIVE AS- ‘‘(2) STATE OPTION TO DISCONTINUE POST-1997 (2) by striking ‘‘upon the request of the State SISTANCE.— ASSIGNMENTS.— agency under the State plan or of either par- ‘‘(i) IN GENERAL.—Notwithstanding paragraph ‘‘(A) IN GENERAL.—Any rights to support obli- ent,’’. (1), in the case of a family that receives assist- gations accruing before the date on which a (b) EFFECTIVE DATE.—The amendments made ance from the State, a State shall not be re- family first receives assistance under part A by subsection (a) shall take effect on October 1, quired to pay to the Federal Government the that are assigned to a State under that part and 2007. Federal share of the excepted portion (as de- in effect before the implementation date of this SEC. 7303. DECREASE IN AMOUNT OF CHILD SUP- fined in clause (ii)) of any amount collected on section may remain assigned after such date. PORT ARREARAGE TRIGGERING behalf of such family during a month to the ex- ‘‘(B) DISTRIBUTION OF AMOUNTS AFTER ASSIGN- PASSPORT DENIAL. tent that— MENT DISCONTINUATION.—If a State chooses to (a) IN GENERAL.—Section 452(k)(1) (42 U.S.C. ‘‘(I) the State pays the excepted portion to the discontinue the assignment of a support obliga- 652(k)(1)) is amended by striking ‘‘$5,000’’ and family; and tion described in subparagraph (A), the State inserting ‘‘$2,500’’. ‘‘(II) the excepted portion is disregarded in de- may treat amounts collected pursuant to the as- (b) CONFORMING AMENDMENT.—Section 454(31) termining the amount and type of assistance signment as if the amounts had never been as- (42 U.S.C. 654(31)) is amended by striking provided to the family under such program. signed and may distribute the amounts to the ‘‘$5,000’’ and inserting ‘‘$2,500’’. ‘‘(ii) EXCEPTED PORTION DEFINED.—For pur- family in accordance with subsection (a)(4).’’. (c) EFFECTIVE DATE.—The amendments made poses of this subparagraph, the term ‘‘excepted (d) CONFORMING AMENDMENTS.—Section by this section shall take effect on October 1, portion’’ means that portion of the amount col- 6402(c) of the Internal Revenue Code of 1986 (re- 2006. lected on behalf of a family during a month that lating to offset of past-due support against over- SEC. 7304. MAINTENANCE OF TECHNICAL ASSIST- does not exceed $100 per month, or in the case payments) is amended— ANCE FUNDING. of a family that includes 2 or more children, (1) in the first sentence, by striking ‘‘the So- Section 452(j) (42 U.S.C. 652(j)) is amended by that does not exceed an amount established by cial Security Act.’’ and inserting ‘‘of such Act.’’; inserting ‘‘or the amount appropriated under the State that is not more than $200 per and this paragraph for fiscal year 2002, whichever is month.’’. (2) by striking the third sentence and insert- greater’’ before ‘‘, which shall be available’’. (ii) EFFECTIVE DATE.—The amendment made ing the following: ‘‘The Secretary shall apply a SEC. 7305. MAINTENANCE OF FEDERAL PARENT by clause (i) shall take effect on October 1, 2008. reduction under this subsection first to an LOCATOR SERVICE FUNDING. (iii) REDESIGNATION.—Effective October 1, amount certified by the State as past due sup- Section 453(o) (42 U.S.C. 653(o)) is amended— 2009, paragraph (7) of section 457(a) of the So- port under section 464 of the Social Security Act (1) in the first sentence, by inserting ‘‘or the cial Security Act (as added by clause (i)) is re- before any other reductions allowed by law.’’. amount appropriated under this paragraph for designated as paragraph (6). (e) EFFECTIVE DATE.— fiscal year 2002, whichever is greater’’ before ‘‘, (C) STATE PLAN TO INCLUDE ELECTION AS TO (1) IN GENERAL.—Except as otherwise provided which shall be available’’; and WHICH RULES TO APPLY IN DISTRIBUTING CHILD in this section, the amendments made by the (2) in the second sentence, by striking ‘‘for SUPPORT ARREARAGES COLLECTED ON BEHALF OF preceding provisions of this section shall take each of fiscal years 1997 through 2001’’. FAMILIES FORMERLY RECEIVING ASSISTANCE.— effect on October 1, 2009, and shall apply to SEC. 7306. INFORMATION COMPARISONS WITH IN- Section 454 (42 U.S.C. 654) is amended— payments under parts A and D of title IV of the SURANCE DATA. (i) by striking ‘‘and’’ at the end of paragraph Social Security Act for calendar quarters begin- (a) DUTIES OF THE SECRETARY.—Section 452 (32); ning on or after such date, and without regard (42 U.S.C. 652) is amended by adding at the end (ii) by striking the period at the end of para- to whether regulations to implement the amend- the following: graph (33) and inserting ‘‘; and’’; and ments (in the case of State programs operated ‘‘(l) COMPARISONS WITH INSURANCE INFORMA- (iii) by inserting after paragraph (33) the fol- under such part D) are promulgated by such TION.— lowing: date. ‘‘(1) IN GENERAL.—The Secretary, through the ‘‘(34) include an election by the State to apply (2) STATE OPTION TO ACCELERATE EFFECTIVE Federal Parent Locator Service, may— section 457(a)(2)(B) of this Act or former section DATE.—Notwithstanding paragraph (1), a State ‘‘(A) compare information concerning individ- 457(a)(2)(B) of this Act (as in effect for the State may elect to have the amendments made by the uals owing past-due support with information immediately before the date this paragraph first preceding provisions of this section apply to the maintained by insurers (or their agents) con- applies to the State) to the distribution of the State and to amounts collected by the State (and cerning insurance claims, settlements, awards, amounts which are the subject of such sections the payments under parts A and D), on and and payments; and and, for so long as the State elects to so apply after such date as the State may select that is ‘‘(B) furnish information resulting from the such former section, the amendments made by not earlier than October 1, 2008, and not later data matches to the State agencies responsible subsection (b)(1) of section 7301 of the Deficit than September 30, 2009. for collecting child support from the individuals. Reduction Act of 2005 shall not apply with re- (f) USE OF TAX REFUND INTERCEPT PROGRAM ‘‘(2) LIABILITY.—An insurer (including any spect to the State, notwithstanding subsection TO COLLECT PAST-DUE CHILD SUPPORT ON BE- agent of an insurer) shall not be liable under (e) of such section 7301.’’. HALF OF CHILDREN WHO ARE NOT MINORS.— any Federal or State law to any person for any (2) CURRENT SUPPORT AMOUNT DEFINED.—Sec- (1) IN GENERAL.—Section 464 (42 U.S.C. 664) is disclosure provided for under this subsection, or tion 457(c) (42 U.S.C. 657(c)) is amended by add- amended— for any other action taken in good faith in ac- ing at the end the following: (A) in subsection (a)(2)(A), by striking ‘‘(as cordance with this subsection.’’. ‘‘(5) CURRENT SUPPORT AMOUNT.—The term that term is defined for purposes of this para- (b) STATE REIMBURSEMENT OF FEDERAL ‘current support amount’ means, with respect to graph under subsection (c))’’; and COSTS.—Section 453(k)(3) (42 U.S.C. 653(k)(3)) is amounts collected as support on behalf of a fam- (B) in subsection (c)— amended by inserting ‘‘or section 452(l)’’ after ily, the amount designated as the monthly sup- (i) in paragraph (1)— ‘‘pursuant to this section’’. port obligation of the noncustodial parent in the (I) by striking ‘‘(1) Except as provided in SEC. 7307. REQUIREMENT THAT STATE CHILD order requiring the support or calculated by the paragraph (2), as used in’’ and inserting ‘‘In’’; SUPPORT ENFORCEMENT AGENCIES State based on the order.’’. and SEEK MEDICAL SUPPORT FOR CHIL- (c) STATE OPTION TO DISCONTINUE OLDER (II) by inserting ‘‘(whether or not a minor)’’ DREN FROM EITHER PARENT. SUPPORT ASSIGNMENTS.—Section 457(b) (42 after ‘‘a child’’ each place it appears; and (a) STATE AGENCIES REQUIRED TO SEEK MED- U.S.C. 657(b)) is amended to read as follows: (ii) by striking paragraphs (2) and (3). ICAL SUPPORT FROM EITHER PARENT.— ‘‘(b) CONTINUATION OF ASSIGNMENTS.— (2) EFFECTIVE DATE.—The amendments made (1) IN GENERAL.—Section 466(a)(19)(A) (42 ‘‘(1) STATE OPTION TO DISCONTINUE PRE-1997 by paragraph (1) shall take effect on October 1, U.S.C. 666(a)(19)(A)) is amended by striking SUPPORT ASSIGNMENTS.— 2007. ‘‘which include a provision for the health care ‘‘(A) IN GENERAL.—Any rights to support obli- (g) STATE OPTION TO USE STATEWIDE AUTO- coverage of the child are enforced’’ and insert- gations assigned to a State as a condition of re- MATED DATA PROCESSING AND INFORMATION RE- ing ‘‘shall include a provision for medical sup- ceiving assistance from the State under part A TRIEVAL SYSTEM FOR INTERSTATE CASES.—Sec- port for the child to be provided by either or and in effect on September 30, 1997 (or such ear- tion 466(a)(14)(A)(iii) (42 U.S.C. both parents, and shall be enforced’’. lier date on or after August 22, 1996, as the State 666(a)(14)(A)(iii)) is amended by inserting before (2) CONFORMING AMENDMENTS.— may choose), may remain assigned after such the semicolon the following: ‘‘(but the assisting (A) TITLE IV–D.— date. State may establish a corresponding case based (i) Section 452(f) (42 U.S.C. 652(f)) is amended ‘‘(B) DISTRIBUTION OF AMOUNTS AFTER ASSIGN- on such other State’s request for assistance)’’. by striking ‘‘include medical support as part of MENT DISCONTINUATION.—If a State chooses to SEC. 7302. MANDATORY REVIEW AND ADJUST- any child support order and enforce medical discontinue the assignment of a support obliga- MENT OF CHILD SUPPORT ORDERS support’’ and inserting ‘‘enforce medical sup- tion described in subparagraph (A), the State FOR FAMILIES RECEIVING TANF. port included as part of a child support order’’. may treat amounts collected pursuant to the as- (a) IN GENERAL.—Section 466(a)(10)(A)(i) (42 (ii) Section 466(a)(19) (42 U.S.C. 666(a)(19)), as signment as if the amounts had never been as- U.S.C. 666(a)(10)(A)(i)) is amended— amended by paragraph (1) of this subsection, is signed and may distribute the amounts to the (1) by striking ‘‘parent, or,’’ and inserting amended— family in accordance with subsection (a)(4). ‘‘parent or’’; and (I) in subparagraph (A)—

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 620 CONGRESSIONAL RECORD—HOUSE February 1, 2006 (aa) by striking ‘‘section 401(e)(3)(C)’’ and in- ing for the services, recovered from the absent meaningful and ongoing collaboration among serting ‘‘section 401(e)’’; and parent, or paid by the State out of its own funds the courts in the State, the State agency or any (bb) by striking ‘‘section 401(f)(5)(C)’’ and in- (the payment of which from State funds shall other agency under contract with the State who serting ‘‘section 401(f)’’; not be considered as an administrative cost of is responsible for administering the State pro- (II) in subparagraph (B)— the State for the operation of the plan, and the gram under part B or E, and, where applicable, (aa) by striking ‘‘noncustodial’’ each place it fees shall be considered income to the pro- Indian tribes. appears; and gram);’’. ‘‘(2) SEPARATE APPLICATIONS.—A highest State (bb) in clause (iii), by striking ‘‘section 466(b)’’ (b) CONFORMING AMENDMENTS.—Section court desiring grants under this section for 2 or and inserting ‘‘subsection (b)’’; and 457(a)(3) (42 U.S.C. 657(a)(3)) is amended to read more purposes shall submit separate applica- (III) in subparagraph (C), by striking ‘‘non- as follows: tions for the following grants: custodial’’ each place it appears and inserting ‘‘(3) FAMILIES THAT NEVER RECEIVED ASSIST- ‘‘(A) A grant for the purposes described in ‘‘obligated’’. ANCE.—In the case of any other family, the paragraphs (1) and (2) of subsection (a). (B) STATE OR LOCAL GOVERNMENTAL GROUP State shall distribute to the family the portion of ‘‘(B) A grant for the purpose described in sub- HEALTH PLANS.—Section 401(e)(2) of the Child the amount so collected that remains after with- section (a)(3). Support Performance and Incentive Act of 1998 holding any fee pursuant to section ‘‘(C) A grant for the purpose described in sub- (29 U.S.C. 1169 note) is amended, in the matter 454(6)(B)(ii).’’. section (a)(4).’’. preceding subparagraph (A), by striking ‘‘who is (c) EFFECTIVE DATE.—The amendments made (3) ALLOTMENTS.—Section 438(c) (42 U.S.C. a noncustodial parent of the child’’. by this section shall take effect on October 1, 429h(c)) is amended— (C) CHURCH PLANS.—Section 401(f)(5)(C) of the 2006. (A) in paragraph (1)— Child Support Performance and Incentive Act of (i) by inserting ‘‘of this section for a grant de- SEC. 7311. EXCEPTION TO GENERAL EFFECTIVE scribed in subsection (b)(2)(A) of this section’’ 1998 (29 U.S.C. 1169 note) is amended by striking DATE FOR STATE PLANS REQUIRING ‘‘noncustodial’’ each place it appears. STATE LAW AMENDMENTS. after ‘‘subsection (b)’’; and (ii) by striking ‘‘paragraph (2) of this sub- (b) ENFORCEMENT OF MEDICAL SUPPORT RE- In the case of a State plan under part D of section’’ and inserting ‘‘subparagraph (B) of QUIREMENTS.—Section 452(f) (42 U.S.C. 652(f)), title IV of the Social Security Act which the Sec- as amended by subsection (a)(2)(A)(i), is amend- this paragraph’’; retary determines requires State legislation in (B) in paragraph (2)— ed by inserting after the first sentence the fol- order for the plan to meet the additional re- (i) by striking ‘‘this paragraph’’ and inserting lowing: ‘‘A State agency administering the pro- quirements imposed by the amendments made by ‘‘this subparagraph’’; gram under this part may enforce medical sup- this subtitle, the effective date of the amend- (ii) by striking ‘‘paragraph (1) of this sub- port against a custodial parent if health care ments imposing the additional requirements section’’ and inserting ‘‘subparagraph (A) of coverage is available to the custodial parent at shall be 3 months after the first day of the first this paragraph’’; and a reasonable cost, notwithstanding any other calendar quarter beginning after the close of the (iii) by inserting ‘‘for such a grant’’ after provision of this part.’’. first regular session of the State legislature that ‘‘subsection (b)’’; (c) DEFINITION OF MEDICAL SUPPORT.—Sec- begins after the date of the enactment of this (C) by redesignating and indenting para- tion 452(f) (42 U.S.C. 652(f)), as amended by sub- Act. For purposes of the preceding sentence, in graphs (1) and (2) as subparagraphs (A) and sections (a)(2)(A)(i) and (b) of this section, is the case of a State that has a 2-year legislative (B), respectively; amended by adding at the end the following: session, each year of the session shall be consid- (D) by inserting before and above such sub- ‘‘For purposes of this part, the term ‘medical ered to be a separate regular session of the State paragraph (A) the following: support’ may include health care coverage, such legislature. ‘‘(1) GRANTS TO ASSESS AND IMPROVE HAN- as coverage under a health insurance plan (in- Subtitle D—Child Welfare DLING OF COURT PROCEEDINGS RELATING TO FOS- cluding payment of costs of premiums, co-pay- TER CARE AND ADOPTION.—’’; and ments, and deductibles) and payment for med- SEC. 7401. STRENGTHENING COURTS. (E) by adding at the end the following: ical expenses incurred on behalf of a child.’’. (a) COURT IMPROVEMENT GRANTS.— ‘‘(2) GRANTS FOR IMPROVED DATA COLLECTION (1) IN GENERAL.—Section 438(a) (42 U.S.C. SEC. 7308. REDUCTION OF FEDERAL MATCHING AND TRAINING.— RATE FOR LABORATORY COSTS IN- 629h(a)) is amended— ‘‘(A) IN GENERAL.—Each highest State court CURRED IN DETERMINING PATER- (A) by striking ‘‘and’’ at the end of paragraph which has an application approved under sub- NITY. (1); section (b) of this section for a grant referred to (a) IN GENERAL.—Section 455(a)(1)(C) (42 (B) by striking the period at the end of para- in subparagraph (B) or (C) of subsection (b)(2) U.S.C. 655(a)(1)(C)) is amended by striking ‘‘90 graph (2) and inserting a semicolon; and shall be entitled to payment, for each of fiscal percent (rather than the percentage specified in (C) by adding at the end the following: years 2006 through 2010, from the amount made subparagraph (A))’’ and inserting ‘‘66 percent’’. ‘‘(3) to ensure that the safety, permanence, available under whichever of paragraph (1) or (b) EFFECTIVE DATE.—The amendment made and well-being needs of children are met in a (2) of subsection (e) applies with respect to the by subsection (a) shall take effect on October 1, timely and complete manner; and grant, of an amount equal to the sum of $85,000 2006, and shall apply to costs incurred on or ‘‘(4) to provide for the training of judges, at- plus the amount described in subparagraph (B) after that date. torneys and other legal personnel in child wel- of this paragraph for the fiscal year with re- fare cases.’’. SEC. 7309. ENDING FEDERAL MATCHING OF spect to the grant. STATE SPENDING OF FEDERAL IN- (2) APPLICATIONS.—Section 438(b) (42 U.S.C. ‘‘(B) FORMULA.—The amount described in this CENTIVE PAYMENTS. 629h(b)) is amended to read as follows: subparagraph for any fiscal year with respect to (a) IN GENERAL.—Section 455(a)(1) (42 U.S.C. ‘‘(b) APPLICATIONS.— a grant referred to in subparagraph (B) or (C) 655(a)(1)) is amended by inserting ‘‘from ‘‘(1) IN GENERAL.—In order to be eligible to re- of subsection (b)(2) is the amount that bears the amounts paid to the State under section 458 or’’ ceive a grant under this section, a highest State same ratio to the amount made available under before ‘‘to carry out an agreement’’. court shall submit to the Secretary an applica- subsection (e) for such a grant (reduced by the (b) EFFECTIVE DATE.—The amendment made tion at such time, in such form, and including dollar amount specified in subparagraph (A) of by subsection (a) shall take effect on October 1, such information and assurances as the Sec- this paragraph) as the number of individuals in 2007. retary may require, including— the State who have not attained 21 years of age SEC. 7310. MANDATORY FEE FOR SUCCESSFUL ‘‘(A) in the case of a grant for the purpose de- bears to the total number of such individuals in CHILD SUPPORT COLLECTION FOR scribed in subsection (a)(3), a description of how all States the highest State courts of which have FAMILY THAT HAS NEVER RECEIVED courts and child welfare agencies on the local approved applications under subsection (b) for TANF. and State levels will collaborate and jointly such a grant.’’. (a) IN GENERAL.—Section 454(6)(B) (42 U.S.C. plan for the collection and sharing of all rel- (4) FUNDING.—Section 438 (42 U.S.C. 629h) is 654(6)(B)) is amended— evant data and information to demonstrate how amended by adding at the end the following: (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; improved case tracking and analysis of child ‘‘(e) FUNDING FOR GRANTS FOR IMPROVED (2) by redesignating clauses (i) and (ii) as sub- abuse and neglect cases will produce safe and DATA COLLECTION AND TRAINING.—Out of any clauses (I) and (II), respectively; timely permanency decisions; money in the Treasury of the United States not (3) by adding ‘‘and’’ after the semicolon; and ‘‘(B) in the case of a grant for the purpose de- otherwise appropriated, there are appropriated (4) by adding after and below the end the fol- scribed in subsection (a)(4), a demonstration to the Secretary, for each of fiscal years 2006 lowing new clause: that a portion of the grant will be used for through 2010— ‘‘(ii) in the case of an individual who has cross-training initiatives that are jointly ‘‘(1) $10,000,000 for grants referred to in sub- never received assistance under a State program planned and executed with the State agency or section (b)(2)(B); and funded under part A and for whom the State any other agency under contract with the State ‘‘(2) $10,000,000 for grants referred to in sub- has collected at least $500 of support, the State to administer the State program under the State section (b)(2)(C).’’. shall impose an annual fee of $25 for each case plan under subpart 1, the State plan approved (b) REQUIREMENT TO DEMONSTRATE MEANING- in which services are furnished, which shall be under section 434, or the State plan approved FUL COLLABORATION BETWEEN COURTS AND retained by the State from support collected on under part E; and AGENCIES IN CHILD WELFARE SERVICES PRO- behalf of the individual (but not from the 1st ‘‘(C) in the case of a grant for any purpose GRAMS.—Section 422(b) (42 U.S.C. 622(b)) is $500 so collected), paid by the individual apply- described in subsection (a), a demonstration of amended—

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 621 (1) by striking ‘‘and’’ at the end of paragraph ‘‘(B) the State agency has made, not less often than $1,000 (or such lower amount as the State (13); than every 6 months, a determination (or rede- may determine for purposes of section (2) by striking the period at the end of para- termination) as to whether the child remains at 402(a)(7)(B)). graph (14) and inserting ‘‘; and’’; and imminent risk of removal from the home.’’. ‘‘(4) ELIGIBILITY OF CERTAIN ALIEN CHIL- (3) by adding at the end the following: (b) CONFORMING AMENDMENT.—Section DREN.—Subject to title IV of the Personal Re- ‘‘(15) demonstrate substantial, ongoing, and 474(a)(3) (42 U.S.C. 674(a)(3)) is amended by in- sponsibility and Work Opportunity Reconcili- meaningful collaboration with State courts in serting ‘‘subject to section 472(i)’’ before ‘‘an ation Act of 1996, if the child is an alien dis- the development and implementation of the amount equal to’’. qualified under section 245A(h) or 210(f) of the State plan under subpart 1, the State plan ap- Immigration and Nationality Act from receiving proved under subpart 2, and the State plan ap- SEC. 7404. CLARIFICATION OF ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAY- aid under the State plan approved under section proved under part E, and in the development MENTS AND ADOPTION ASSISTANCE. 402 in or for the month in which the agreement and implementation of any program improve- (a) FOSTER CARE MAINTENANCE PAYMENTS.— described in paragraph (2)(A)(i) was entered ment plan required under section 1123A.’’. Section 472(a) (42 U.S.C. 672(a)) is amended to into or court proceedings leading to the deter- (c) USE OF CHILD WELFARE RECORDS IN STATE read as follows: mination described in paragraph (2)(A)(ii) were COURT PROCEEDINGS.—Section 471 (42 U.S.C. ‘‘(a) IN GENERAL.— initiated, the child shall be considered to satisfy 671) is amended— the requirements of paragraph (3), with respect (1) in subsection (a)(8), by inserting ‘‘subject ‘‘(1) ELIGIBILITY.—Each State with a plan ap- to the month, if the child would have satisfied to subsection (c),’’ after ‘‘(8)’’; and proved under this part shall make foster care (2) by adding at the end the following: maintenance payments on behalf of each child the requirements but for the disqualification.’’. DOPTION SSISTANCE ‘‘(c) USE OF CHILD WELFARE RECORDS IN who has been removed from the home of a rel- (b) A A .—Section 473(a)(2) STATE COURT PROCEEDINGS.—Subsection (a)(8) ative specified in section 406(a) (as in effect on (42 U.S.C. 673(a)(2)) is amended to read as fol- shall not be construed to limit the flexibility of July 16, 1996) into foster care if— lows: ‘‘(2)(A) For purposes of paragraph (1)(B)(ii), a a State in determining State policies relating to ‘‘(A) the removal and foster care placement child meets the requirements of this paragraph public access to court proceedings to determine met, and the placement continues to meet, the if the child— child abuse and neglect or other court hearings requirements of paragraph (2); and ‘‘(i)(I)(aa) was removed from the home of a held pursuant to part B or this part, except that ‘‘(B) the child, while in the home, would have relative specified in section 406(a) (as in effect such policies shall, at a minimum, ensure the met the AFDC eligibility requirement of para- on July 16, 1996) and placed in foster care in ac- safety and well-being of the child, parents, and graph (3). cordance with a voluntary placement agreement family.’’. ‘‘(2) REMOVAL AND FOSTER CARE PLACEMENT REQUIREMENTS.—The removal and foster care with respect to which Federal payments are pro- SEC. 7402. FUNDING OF SAFE AND STABLE FAMI- vided under section 474 (or section 403, as such LIES PROGRAMS. placement of a child meet the requirements of section was in effect on July 16, 1996), or in ac- Section 436(a) (42 U.S.C. 629f(a)) is amended this paragraph if— cordance with a judicial determination to the ef- to read as follows: ‘‘(A) the removal and foster care placement ‘‘(a) AUTHORIZATION.—In addition to any are in accordance with— fect that continuation in the home would be amount otherwise made available to carry out ‘‘(i) a voluntary placement agreement entered contrary to the welfare of the child; and this subpart, there are authorized to be appro- into by a parent or legal guardian of the child ‘‘(bb) met the requirements of section 472(a)(3) priated to carry out this subpart $345,000,000 for who is the relative referred to in paragraph (1); with respect to the home referred to in item (aa) fiscal year 2006. Notwithstanding the preceding or of this subclause; ‘‘(II) meets all of the requirements of title XVI sentence, the total amount authorized to be so ‘‘(ii) a judicial determination to the effect that with respect to eligibility for supplemental secu- appropriated for fiscal year 2006 under this sub- continuation in the home from which removed rity income benefits; or would be contrary to the welfare of the child section and under this subsection (as in effect ‘‘(III) is a child whose costs in a foster family and that reasonable efforts of the type described before the date of the enactment of the Deficit home or child-care institution are covered by the in section 471(a)(15) for a child have been made; Reduction Act of 2005) is $345,000,000.’’. foster care maintenance payments being made ‘‘(B) the child’s placement and care are the SEC. 7403. CLARIFICATION REGARDING FEDERAL with respect to the minor parent of the child as MATCHING OF CERTAIN ADMINIS- responsibility of— provided in section 475(4)(B); and TRATIVE COSTS UNDER THE FOSTER ‘‘(i) the State agency administering the State CARE MAINTENANCE PAYMENTS ‘‘(ii) has been determined by the State, pursu- plan approved under section 471; or ant to subsection (c) of this section, to be a child PROGRAM. ‘‘(ii) any other public agency with which the (a) ADMINISTRATIVE COSTS RELATING TO UNLI- with special needs. State agency administering or supervising the ‘‘(B) Section 472(a)(4) shall apply for purposes CENSED CARE.—Section 472 (42 U.S.C. 672) is administration of the State plan has made an amended by inserting after subsection (h) the of subparagraph (A) of this paragraph, in any agreement which is in effect; and case in which the child is an alien described in following: ‘‘(C) the child has been placed in a foster fam- ‘‘(i) ADMINISTRATIVE COSTS ASSOCIATED WITH such section. ily home or child-care institution. OTHERWISE ELIGIBLE CHILDREN NOT IN LICENSED ‘‘(C) A child shall be treated as meeting the ‘‘(3) AFDC ELIGIBILITY REQUIREMENT.— FOSTER CARE SETTINGS.—Expenditures by a requirements of this paragraph for the purpose ‘‘(A) IN GENERAL.—A child in the home re- State that would be considered administrative of paragraph (1)(B)(ii) if the child— ferred to in paragraph (1) would have met the expenditures for purposes of section 474(a)(3) if ‘‘(i) meets the requirements of subparagraph AFDC eligibility requirement of this paragraph made with respect to a child who was residing (A)(ii); if the child— in a foster family home or child-care institution ‘‘(ii) was determined eligible for adoption as- ‘‘(i) would have received aid under the State shall be so considered with respect to a child not sistance payments under this part with respect plan approved under section 402 (as in effect on residing in such a home or institution— to a prior adoption; ‘‘(1) in the case of a child who has been re- July 16, 1996) in the home, in or for the month ‘‘(iii) is available for adoption because— moved in accordance with subsection (a) of this in which the agreement was entered into or ‘‘(I) the prior adoption has been dissolved, section from the home of a relative specified in court proceedings leading to the determination and the parental rights of the adoptive parents section 406(a) (as in effect on July 16, 1996), only referred to in paragraph (2)(A)(ii) of this sub- have been terminated; or ‘‘(II) the child’s adoptive parents have died; for expenditures— section were initiated; or ‘‘(A) with respect to a period of not more than ‘‘(ii)(I) would have received the aid in the and the lesser of 12 months or the average length of home, in or for the month referred to in clause ‘‘(iv) fails to meet the requirements of sub- time it takes for the State to license or approve (i), if application had been made therefor; or paragraph (A) but would meet such require- a home as a foster home, in which the child is ‘‘(II) had been living in the home within 6 ments if— ‘‘(I) the child were treated as if the child were in the home of a relative and an application is months before the month in which the agree- in the same financial and other circumstances pending for licensing or approval of the home as ment was entered into or the proceedings were the child was in the last time the child was de- a foster family home; or initiated, and would have received the aid in or ‘‘(B) with respect to a period of not more than for such month, if, in such month, the child had termined eligible for adoption assistance pay- 1 calendar month when a child moves from a fa- been living in the home with the relative re- ments under this part; and ‘‘(II) the prior adoption were treated as never cility not eligible for payments under this part ferred to in paragraph (1) and application for having occurred.’’. into a foster family home or child care institu- the aid had been made. tion licensed or approved by the State; and ‘‘(B) RESOURCES DETERMINATION.—For pur- Subtitle E—Supplemental Security Income ‘‘(2) in the case of any other child who is po- poses of subparagraph (A), in determining SEC. 7501. REVIEW OF STATE AGENCY BLINDNESS tentially eligible for benefits under a State plan whether a child would have received aid under AND DISABILITY DETERMINATIONS. approved under this part and at imminent risk a State plan approved under section 402 (as in Section 1633 (42 U.S.C. 1383b) is amended by of removal from the home, only if— effect on July 16, 1996), a child whose resources adding at the end the following: ‘‘(A) reasonable efforts are being made in ac- (determined pursuant to section 402(a)(7)(B), as ‘‘(e)(1) The Commissioner of Social Security cordance with section 471(a)(15) to prevent the so in effect) have a combined value of not more shall review determinations, made by State need for, or if necessary to pursue, removal of than $10,000 shall be considered a child whose agencies pursuant to subsection (a) in connec- the child from the home; and resources have a combined value of not more tion with applications for benefits under this

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 622 CONGRESSIONAL RECORD—HOUSE February 1, 2006 title on the basis of blindness or disability, that SEC. 8003. ACADEMIC COMPETITIVENESS study established by a State or local educational individuals who have attained 18 years of age GRANTS. agency and recognized as such by the Secretary; are blind or disabled as of a specified onset date. Subpart 1 of part A of title IV (20 U.S.C. and The Commissioner of Social Security shall re- 1070a) is amended by adding after section 401 ‘‘(ii) has obtained a cumulative grade point view such a determination before any action is the following new section: average of at least 3.0 (or the equivalent as de- taken to implement the determination. ‘‘SEC. 401A. ACADEMIC COMPETITIVENESS termined under regulations prescribed by the ‘‘(2)(A) In carrying out paragraph (1), the GRANTS. Secretary) at the end of the first academic year Commissioner of Social Security shall review— ‘‘(a) ACADEMIC COMPETITIVENESS GRANT PRO- of such program of undergraduate education; or ‘‘(i) at least 20 percent of all determinations GRAM.— ‘‘(C) the third or fourth academic year of a referred to in paragraph (1) that are made in ‘‘(1) ACADEMIC COMPETITIVENESS GRANTS AU- program of undergraduate education at a four- fiscal year 2006; THORIZED.—The Secretary shall award grants, year degree-granting institution of higher edu- ‘‘(ii) at least 40 percent of all such determina- in the amounts specified in subsection (d)(1), to cation— tions that are made in fiscal year 2007; and eligible students to assist the eligible students in ‘‘(i) is pursuing a major in— ‘‘(iii) at least 50 percent of all such determina- paying their college education expenses. ‘‘(I) the physical, life, or computer sciences, tions that are made in fiscal year 2008 or there- ‘‘(2) ACADEMIC COMPETITIVENESS COUNCIL.— mathematics, technology, or engineering (as de- after. ‘‘(A) ESTABLISHMENT.—There is established an termined by the Secretary pursuant to regula- ‘‘(B) In carrying out subparagraph (A), the Academic Competitiveness Council (referred to tions); or Commissioner of Social Security shall, to the ex- in this paragraph as the ‘Council’). From the ‘‘(II) a foreign language that the Secretary, in tent feasible, select for review the determina- funds made available under subsection (e) for consultation with the Director of National Intel- tions which the Commissioner of Social Security fiscal year 2006, $50,000 shall be available to the ligence, determines is critical to the national se- identifies as being the most likely to be incor- Council to carry out the duties described in sub- curity of the United States; and rect.’’. paragraph (B). The Council shall be chaired by ‘‘(ii) has obtained a cumulative grade point SEC. 7502. PAYMENT OF CERTAIN LUMP SUM BEN- the Secretary of Education, and the membership average of at least 3.0 (or the equivalent as de- EFITS IN INSTALLMENTS UNDER of the Council shall consist of officials from termined under regulations prescribed by the THE SUPPLEMENTAL SECURITY IN- Federal agencies with responsibilities for man- Secretary) in the coursework required for the COME PROGRAM. aging existing Federal programs that promote major described in clause (i). (a) IN GENERAL.—Section 1631(a)(10)(A)(i) (42 mathematics and science (or designees of such ‘‘(d) GRANT AWARD.— U.S.C. 1383(a)(10)(A)(i)) is amended by striking officials with significant decision-making au- ‘‘(1) AMOUNTS.— ‘‘12’’ and inserting ‘‘3’’. thority). ‘‘(A) The Secretary shall award a grant under (b) EFFECTIVE DATE.—The amendment made ‘‘(B) DUTIES.—The Council shall— this section in the amount of— by subsection (a) shall take effect 3 months after ‘‘(i) identify all Federal programs with a ‘‘(i) $750 for an eligible student under sub- the date of the enactment of this Act. mathematics or science focus; section (c)(3)(A); Subtitle F—Repeal of Continued Dumping ‘‘(ii) identify the target populations being ‘‘(ii) $1,300 for an eligible student under sub- and Subsidy Offset served by such programs; section (c)(3)(B); or ‘‘(iii) determine the effectiveness of such pro- SEC. 7601. REPEAL OF CONTINUED DUMPING AND ‘‘(iii) $4,000 for an eligible student under sub- grams; SUBSIDY OFFSET. section (c)(3)(C). ‘‘(iv) identify areas of overlap or duplication (a) REPEAL.—Effective upon the date of enact- ‘‘(B) Notwithstanding subparagraph (A)— in such programs; and ment of this Act, section 754 of the Tariff Act of ‘‘(i) the amount of such grant, in combination ‘‘(v) recommend ways to efficiently integrate 1930 (19 U.S.C. 1675c), and the item relating to with the Federal Pell Grant assistance and and coordinate such programs. section 754 in the table of contents of title VII other student financial assistance available to ‘‘(C) REPORT.—Not later than one year after of that Act, are repealed. such student, shall not exceed the student’s cost the date of enactment of the Higher Education (b) DISTRIBUTIONS ON CERTAIN ENTRIES.—All of attendance; Reconciliation Act of 2005, the Council shall duties on entries of goods made and filed before ‘‘(ii) if the amount made available under sub- transmit a report to each committee of Congress October 1, 2007, that would, but for subsection section (e) for any fiscal year is less than the with jurisdiction over a Federal program identi- (a) of this section, be distributed under section amount required to be provided grants to all eli- fied under subparagraph (B)(i), detailing the 754 of the Tariff Act of 1930, shall be distributed gible students in the amounts determined under findings and recommendations under subpara- as if section 754 of the Tariff Act of 1930 had not subparagraph (A) and clause (i) of this subparagraph (B), including recommendations for legis- been repealed by subsection (a). graph, then the amount of the grant to each eli- lative or administrative action. gible student shall be ratably reduced; and Subtitle G—Effective Date ‘‘(b) DESIGNATION.—A grant under this sec- SEC. 7701. EFFECTIVE DATE. tion— ‘‘(iii) if additional amounts are appropriated Except as otherwise provided in this title, this ‘‘(1) for the first or second academic year of a for any such fiscal year, such reduced amounts title and the amendments made by this title program of undergraduate education shall be shall be increased on the same basis as they shall take effect as if enacted on October 1, 2005. known as an ‘Academic Competitiveness Grant’; were reduced. and ‘‘(2) LIMITATIONS.—The Secretary shall not TITLE VIII—EDUCATION AND PENSION award a grant under this section— BENEFIT PROVISIONS ‘‘(2) for the third or fourth academic year of a program of undergraduate education shall be ‘‘(A) to any student for an academic year of Subtitle A—Higher Education Provisions known as a ‘National Science and Mathematics a program of undergraduate education described SEC. 8001. SHORT TITLE; REFERENCE; EFFECTIVE Access to Retain Talent Grant’ or a ‘National in subparagraph (A), (B), or (C) of subsection DATE. SMART Grant’. (c)(3) for which the student received credit be- (a) SHORT TITLE.—This subtitle may be cited ‘‘(c) DEFINITION OF ELIGIBLE STUDENT.—In fore the date of enactment of the Higher Edu- as the ‘‘Higher Education Reconciliation Act of this section the term ‘eligible student’ means a cation Reconciliation Act of 2005; or 2005’’. full-time student who, for the academic year for ‘‘(B) to any student for more than— (b) REFERENCES.—Except as otherwise ex- which the determination of eligibility is made— ‘‘(i) one academic year under subsection pressly provided, whenever in this subtitle an ‘‘(1) is a citizen of the United States; (c)(3)(A); amendment or repeal is expressed in terms of an ‘‘(2) is eligible for a Federal Pell Grant; and ‘‘(ii) one academic year under subsection amendment to, or repeal of, a section or other ‘‘(3) in the case of a student enrolled or ac- (c)(3)(B); or provision, the reference shall be considered to be cepted for enrollment in— ‘‘(iii) two academic years under subsection made to a section or other provision of the High- ‘‘(A) the first academic year of a program of (c)(3)(C). er Education Act of 1965 (20 U.S.C. 1001 et seq.). undergraduate education at a two- or four-year ‘‘(e) FUNDING.— (c) EFFECTIVE DATE.—Except as otherwise degree-granting institution of higher edu- ‘‘(1) AUTHORIZATION AND APPROPRIATION OF provided in this subtitle or the amendments cation— FUNDS.—There are authorized to be appro- made by this subtitle, the amendments made by ‘‘(i) has successfully completed, after January priated, and there are appropriated, out of any this subtitle shall be effective July 1, 2006. 1, 2006, a rigorous secondary school program of money in the Treasury not otherwise appro- SEC. 8002. MODIFICATION OF 50/50 RULE. study established by a State or local educational priated, for the Department of Education to Section 102(a)(3) (20 U.S.C. 1002(a)(3)) is agency and recognized as such by the Secretary; carry out this section— amended— and ‘‘(A) $790,000,000 for fiscal year 2006; (1) in subparagraph (A), by inserting ‘‘(ex- ‘‘(ii) has not been previously enrolled in a ‘‘(B) $850,000,000 for fiscal year 2007; cluding courses offered by telecommunications program of undergraduate education; ‘‘(C) $920,000,000 for fiscal year 2008; as defined in section 484(l)(4))’’ after ‘‘courses ‘‘(B) the second academic year of a program ‘‘(D) $960,000,000 for fiscal year 2009; and by correspondence’’; and of undergraduate education at a two- or four- ‘‘(E) $1,010,000,000 for fiscal year 2010. (2) in subparagraph (B), by inserting ‘‘(ex- year degree-granting institution of higher edu- ‘‘(2) USE OF EXCESS FUNDS.—If, at the end of cluding courses offered by telecommunications cation— a fiscal year, the funds available for awarding as defined in section 484(l)(4))’’ after ‘‘cor- ‘‘(i) has successfully completed, after January grants under this section exceed the amount respondence courses’’. 1, 2005, a rigorous secondary school program of necessary to make such grants in the amounts

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 623 authorized by subsection (d), then all of the ex- SEC. 8006. PLUS LOAN INTEREST RATES AND ‘‘(ii) is performing qualifying National Guard cess funds shall remain available for awarding ZERO SPECIAL ALLOWANCE PAY- duty during a war or other military operation or grants under this section during the subsequent MENT. national emergency; or’’. fiscal year. (a) PLUS LOANS.—Section 427A(l)(2) (20 (c) PERKINS LOANS.—Section 464(c)(2)(A) (20 ‘‘(f) RECOGNITION OF PROGRAMS OF STUDY.— U.S.C. 1077a(l)(2)) is amended by striking ‘‘7.9 U.S.C. 1087dd(c)(2)(A)) is amended— The Secretary shall recognize at least one rig- percent’’ and inserting ‘‘8.5 percent’’. (1) by redesignating clauses (iii) and (iv) as orous secondary school program of study in (b) CONFORMING AMENDMENTS FOR SPECIAL clauses (iv) and (v), respectively; and each State under subsection (c)(3)(A) and (B) ALLOWANCES.— (2) by inserting after clause (ii) the following (1) AMENDMENTS.—Subparagraph (I) of sec- for the purpose of determining student eligibility new clause: tion 438(b)(2) (20 U.S.C. 1087–1(b)(2)) is amend- under such subsection. ‘‘(iii) not in excess of 3 years during which the ed— ‘‘(g) SUNSET PROVISION.—The authority to borrower— (A) in clause (iii), by striking ‘‘, subject to ‘‘(I) is serving on active duty during a war or make grants under this section shall expire at clause (v) of this subparagraph’’; the end of academic year 2010–2011.’’. other military operation or national emergency; (B) in clause (iv), by striking ‘‘, subject to or SEC. 8004. REAUTHORIZATION OF FEDERAL FAM- clause (vi) of this subparagraph’’; and ‘‘(II) is performing qualifying National Guard ILY EDUCATION LOAN PROGRAM. (C) by striking clauses (v), (vi), and (vii) and duty during a war or other military operation or (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- inserting the following: national emergency;’’. tion 421(b)(5) (20 U.S.C. 1071(b)(5)) is amended ‘‘(v) RECAPTURE OF EXCESS INTEREST.— (d) DEFINITIONS.—Section 481 (20 U.S.C. 1088) by striking ‘‘an administrative cost allowance’’ ‘‘(I) EXCESS CREDITED.—With respect to a loan is amended by adding at the end the following and inserting ‘‘a loan processing and issuance on which the applicable interest rate is deter- new subsection: fee’’. mined under subsection (k) or (l) of section 427A ‘‘(d) DEFINITIONS FOR MILITARY (b) EXTENSION OF AUTHORITY.— and for which the first disbursement of prin- DEFERMENTS.—For purposes of parts B, D, and (1) FEDERAL INSURANCE LIMITATIONS.—Section cipal is made on or after April 1, 2006, if the ap- E of this title: 424(a) (20 U.S.C. 1074(a)) is amended— plicable interest rate for any 3-month period ex- ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has (A) by striking ‘‘2004’’ and inserting ‘‘2012’’; ceeds the special allowance support level appli- the meaning given such term in section 101(d)(1) and cable to such loan under this subparagraph for of title 10, United States Code, except that such (B) by striking ‘‘2008’’ and inserting ‘‘2016’’. such period, then an adjustment shall be made term does not include active duty for training or (2) GUARANTEED LOANS.—Section 428(a)(5) (20 by calculating the excess interest in the amount attendance at a service school. U.S.C. 1078(a)(5)) is amended— computed under subclause (II) of this clause, ‘‘(2) MILITARY OPERATION.—The term ‘military (A) by striking ‘‘2004’’ and inserting ‘‘2012’’; and by crediting the excess interest to the Gov- operation’ means a contingency operation as and ernment not less often than annually. such term is defined in section 101(a)(13) of title (B) by striking ‘‘2008’’ and inserting ‘‘2016’’. ‘‘(II) CALCULATION OF EXCESS.—The amount 10, United States Code. (3) CONSOLIDATION LOANS.—Section 428C(e) of any adjustment of interest on a loan to be ‘‘(3) NATIONAL EMERGENCY.—The term ‘na- (20 U.S.C. 1078–3(e)) is amended by striking made under this subsection for any quarter tional emergency’ means the national emergency ‘‘2004’’ and inserting ‘‘2012’’. shall be equal to— by reason of certain terrorist attacks declared by ‘‘(aa) the applicable interest rate minus the SEC. 8005. LOAN LIMITS. the President on September 14, 2001, or subse- special allowance support level determined quent national emergencies declared by the (a) FEDERAL INSURANCE LIMITS.—Section under this subparagraph; multiplied by 425(a)(1)(A) (20 U.S.C. 1075(a)(1)(A)) is amend- President by reason of terrorist attacks. ‘‘(bb) the average daily principal balance of ‘‘(4) SERVING ON ACTIVE DUTY.—The term ed— the loan (not including unearned interest added ‘serving on active duty during a war or other (1) in clause (i)(I), by striking ‘‘$2,625’’ and to principal) during such calendar quarter; di- military operation or national emergency’ means inserting ‘‘$3,500’’; and vided by service by an individual who is— (2) in clause (ii)(I), by striking ‘‘$3,500’’ and ‘‘(cc) four. ‘‘(A) a Reserve of an Armed Force ordered to inserting ‘‘$4,500’’. ‘‘(III) SPECIAL ALLOWANCE SUPPORT LEVEL.— active duty under section 12301(a), 12301(g), For purposes of this clause, the term ‘special al- (b) GUARANTEE LIMITS.—Section 428(b)(1)(A) 12302, 12304, or 12306 of title 10, United States lowance support level’ means, for any loan, a (20 U.S.C. 1078(b)(1)(A)) is amended— Code, or any retired member of an Armed Force number expressed as a percentage equal to the (1) in clause (i)(I), by striking ‘‘$2,625’’ and ordered to active duty under section 688 of such sum of the rates determined under subclauses (I) inserting ‘‘$3,500’’; and title, for service in connection with a war or and (III) of clause (i), and applying any substi- (2) in clause (ii)(I), by striking ‘‘$3,500’’ and other military operation or national emergency, tution rules applicable to such loan under inserting ‘‘$4,500’’. regardless of the location at which such active clauses (ii), (iii), and (iv) in determining such (c) FEDERAL PLUS LOANS.—Section 428B (20 duty service is performed; and U.S.C. 1078–2) is amended— sum.’’. ‘‘(B) any other member of an Armed Force on (2) EFFECTIVE DATE.—The amendments made (1) in subsection (a)(1)— active duty in connection with such emergency by this subsection shall not apply with respect (A) in the matter preceding subparagraph (A), or subsequent actions or conditions who has to any special allowance payment made under by striking ‘‘Parents’’ and inserting ‘‘A grad- been assigned to a duty station at a location section 438 of the Higher Education Act of 1965 uate or professional student or the parents’’; other than the location at which such member is (20 U.S.C. 1087–1) before April 1, 2006. (B) in subparagraph (A), by striking ‘‘the par- normally assigned. ents’’ and inserting ‘‘the graduate or profes- SEC. 8007. DEFERMENT OF STUDENT LOANS FOR ‘‘(5) QUALIFYING NATIONAL GUARD DUTY.—The sional student or the parents’’; and MILITARY SERVICE. term ‘qualifying National Guard duty during a (a) FEDERAL FAMILY EDUCATION LOANS.—Sec- (C) in subparagraph (B), by striking ‘‘the par- war or other military operation or national tion 428(b)(1)(M) (20 U.S.C. 1078(b)(1)(M)) is ents’’ and inserting ‘‘the graduate or profes- emergency’ means service as a member of the amended— sional student or the parents’’; National Guard on full-time National Guard (2) in subsection (b), by striking ‘‘any parent’’ (1) by striking ‘‘or’’ at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); duty (as defined in section 101(d)(5) of title 10, and inserting ‘‘any graduate or professional United States Code) under a call to active serv- student or any parent’’; and (3) by inserting after clause (ii) the following ice authorized by the President or the Secretary (3) in subsection (c)(2), by striking ‘‘parent’’ of Defense for a period of more than 30 consecu- and inserting ‘‘graduate or professional student new clause: ‘‘(iii) not in excess of 3 years during which the tive days under section 502(f) of title 32, United or parent’’; and borrower— States Code, in connection with a war, other (4) in subsection (d)(1), by striking ‘‘the par- ‘‘(I) is serving on active duty during a war or military operation, or a national emergency de- ent’’ and inserting ‘‘the graduate or profes- other military operation or national emergency; clared by the President and supported by Fed- sional student or the parent’’. or eral funds.’’. (d) UNSUBSIDIZED STAFFORD LOANS FOR ‘‘(II) is performing qualifying National Guard (e) RULE OF CONSTRUCTION.—Nothing in the GRADUATE OR PROFESSIONAL STUDENTS.—Sec- duty during a war or other military operation or amendments made by this section shall be con- tion 428H(d)(2) (20 U.S.C. 1078–8(d)(2)) is national emergency; or’’. strued to authorize any refunding of any repay- amended— (b) DIRECT LOANS.—Section 455(f)(2) (20 ment of a loan. (1) in subparagraph (C), by striking ‘‘$10,000’’ U.S.C. 1087e(f)(2)) is amended— (f) EFFECTIVE DATE.—The amendments made and inserting ‘‘$12,000’’; and (1) by redesignating subparagraph (C) as sub- by this section shall apply with respect to loans (2) in subparagraph (D)— paragraph (D); and for which the first disbursement is made on or (A) in clause (i), by striking ‘‘$5,000’’ and in- (2) by inserting after subparagraph (B) the after July 1, 2001. serting ‘‘$7,000’’; and following new subparagraph: SEC. 8008. ADDITIONAL LOAN TERMS AND CONDI- (B) in clause (ii), by striking ‘‘$5,000’’ and in- ‘‘(C) not in excess of 3 years during which the TIONS. serting ‘‘$7,000’’. borrower— (a) DISBURSEMENT.—Section 428(b)(1)(N) (20 (e) EFFECTIVE DATE OF INCREASES.—The ‘‘(i) is serving on active duty during a war or U.S.C. 1078(b)(1)(N)) is amended— amendments made by subsections (a), (b), and other military operation or national emergency; (1) by striking ‘‘or’’ at the end of clause (i); (d) shall be effective July 1, 2007. or and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 624 CONGRESSIONAL RECORD—HOUSE February 1, 2006 (2) by striking clause (ii) and inserting the fol- ‘‘(B) by substituting ‘2.5 percent’ for ‘4.0 per- ‘‘(C) section 428C shall be known as ‘Federal lowing: cent’ with respect to loans for which the first Direct Consolidation Loans’; and ’’; and ‘‘(ii) in the case of a student who is studying disbursement of principal is made on or after (3) in subsection (g)— outside the United States in a program of study July 1, 2007, and before July 1, 2008; (A) by striking the second sentence; and abroad that is approved for credit by the home ‘‘(C) by substituting ‘2.0 percent’ for ‘4.0 per- (B) by adding at the end the following new institution at which such student is enrolled, cent’ with respect to loans for which the first sentences: ‘‘To be eligible for a consolidation and only after verification of the student’s en- disbursement of principal is made on or after loan under this part, a borrower shall meet the rollment by the lender or guaranty agency, are, July 1, 2008, and before July 1, 2009; eligibility criteria set forth in section 428C(a)(3). at the request of the student, disbursed directly ‘‘(D) by substituting ‘1.5 percent’ for ‘4.0 per- The Secretary, upon application for such a to the student by the means described in clause cent’ with respect to loans for which the first loan, shall comply with the requirements appli- (i), unless such student requests that the check disbursement of principal is made on or after cable to a lender under section 428C(b)(1)(F).’’. be endorsed, or the funds transfer be author- July 1, 2009, and before July 1, 2010; and SEC. 8010. REQUIREMENTS FOR DISBURSEMENTS ized, pursuant to an authorized power-of-attor- ‘‘(E) by substituting ‘1.0 percent’ for ‘4.0 per- OF STUDENT LOANS. ney; or cent’ with respect to loans for which the first Section 428G (20 U.S.C. 1078–7) is amended— ‘‘(iii) in the case of a student who is studying disbursement of principal is made on or after (1) in subsection (a)(3), by adding at the end outside the United States in a program of study July 1, 2010.’’. the following: ‘‘Notwithstanding section 422(d) at an eligible foreign institution, are, at the re- (3) CONFORMING AMENDMENT.—Section of the Higher Education Amendments of 1998, quest of the foreign institution, disbursed di- 455(b)(8)(A) (20 U.S.C. 1087e(b)(8)(A)) is amend- this paragraph shall be effective beginning on rectly to the student, only after verification of ed by inserting ‘‘or origination fee’’ after ‘‘re- the date of enactment of the Higher Education the student’s enrollment by the lender or guar- ductions in the interest rate’’. Reconciliation Act of 2005.’’; anty agency by the means described in clause SEC. 8009. CONSOLIDATION LOAN CHANGES. (2) in subsection (b)(1), by adding at the end (i).’’. (a) CONSOLIDATION BETWEEN PROGRAMS.— the following: ‘‘Notwithstanding section 422(d) (b) REPAYMENT PLANS: DIRECT LOANS.—Sec- Section 428C (20 U.S.C. 1078–3) is amended— of the Higher Education Amendments of 1998, tion 455(d)(1) (20 U.S.C. 1087e(d)(1)) is amended (1) in subsection (a)(3)(B)(i)— the second sentence of this paragraph shall be by striking subparagraphs (A), (B), and (C) and (A) by inserting ‘‘or under section 455(g)’’ effective beginning on the date of enactment of inserting the following: after ‘‘under this section’’ both places it ap- the Higher Education Reconciliation Act of ‘‘(A) a standard repayment plan, consistent pears; 2005.’’; and with subsection (a)(1) of this section and with (B) by inserting ‘‘under both sections’’ after (3) in subsection (e), by striking ‘‘, made to a section 428(b)(9)(A)(i); ‘‘terminates’’ student to cover the cost of attendance at an eli- ‘‘(B) a graduated repayment plan, consistent (C) by striking ‘‘and’’ at the end of subclause gible institution outside the United States’’. with section 428(b)(9)(A)(ii); (III); SEC. 8011. SCHOOL AS LENDER. ‘‘(C) an extended repayment plan, consistent (D) by striking the period at the end of sub- Paragraph (2) of section 435(d) (20 U.S.C. with section 428(b)(9)(A)(v), except that the bor- clause (IV) and inserting ‘‘; and’’; and 1085(d)(2)) is amended to read as follows: rower shall annually repay a minimum amount (E) by adding at the end the following new ‘‘(2) REQUIREMENTS FOR ELIGIBLE INSTITU- determined by the Secretary in accordance with subclause: TIONS.— section 428(b)(1)(L); and’’. ‘‘(V) an individual may obtain a subsequent ‘‘(A) IN GENERAL.—To be an eligible lender (c) ORIGINATION FEES.— consolidation loan under section 455(g) only for under this part, an eligible institution— (1) FFEL PROGRAM.—Paragraph (2) of section the purposes of obtaining an income contingent ‘‘(i) shall employ at least one person whose 438(c) (20 U.S.C. 1087–1(c)) is amended— repayment plan, and only if the loan has been full-time responsibilities are limited to the ad- (A) by striking the designation and heading of submitted to the guaranty agency for default ministration of programs of financial aid for such paragraph and inserting the following: aversion.’’; and students attending such institution; ‘‘(2) AMOUNT OF ORIGINATION FEES.— (2) in subsection (b)(5), by striking the first ‘‘(ii) shall not be a home study school; ‘‘(A) IN GENERAL.—’’; and sentence and inserting the following: ‘‘In the ‘‘(iii) shall not— (B) by adding at the end the following new event that a lender with an agreement under ‘‘(I) make a loan to any undergraduate stu- subparagraph: subsection (a)(1) of this section denies a consoli- dent; ‘‘(B) SUBSEQUENT REDUCTIONS.—Subpara- dation loan application submitted to the lender ‘‘(II) make a loan other than a loan under graph (A) shall be applied to loans made under by an eligible borrower under this section, or de- section 428 or 428H to a graduate or professional this part (other than loans made under sections nies an application submitted to the lender by student; or 428C and 439(o))— such a borrower for a consolidation loan with ‘‘(III) make a loan to a borrower who is not ‘‘(i) by substituting ‘2.0 percent’ for ‘3.0 per- income-sensitive repayment terms, the Secretary enrolled at that institution; cent’ with respect to loans for which the first shall offer any such borrower who applies for it, ‘‘(iv) shall award any contract for financing, disbursement of principal is made on or after a Federal Direct Consolidation loan. The Sec- servicing, or administration of loans under this July 1, 2006, and before July 1, 2007; retary shall offer such a loan to a borrower who title on a competitive basis; ‘‘(ii) by substituting ‘1.5 percent’ for ‘3.0 per- has defaulted, for the purpose of resolving the ‘‘(v) shall offer loans that carry an origina- cent’ with respect to loans for which the first default.’’. tion fee or an interest rate, or both, that are less disbursement of principal is made on or after (b) REPEAL OF IN-SCHOOL CONSOLIDATION.— than such fee or rate authorized under the pro- July 1, 2007, and before July 1, 2008; (1) DEFINITION OF REPAYMENT PERIOD.—Sec- visions of this title; ‘‘(iii) by substituting ‘1.0 percent’ for ‘3.0 per- tion 428(b)(7)(A) (20 U.S.C. 1078(b)(7)(A)) is ‘‘(vi) shall not have a cohort default rate (as cent’ with respect to loans for which the first amended by striking ‘‘shall begin—’’ and all defined in section 435(m)) greater than 10 per- disbursement of principal is made on or after that follows through ‘‘earlier date.’’ and insert- cent; July 1, 2008, and before July 1, 2009; ing the following: ‘‘shall begin the day after 6 ‘‘(vii) shall, for any year for which the insti- ‘‘(iv) by substituting ‘0.5 percent’ for ‘3.0 per- months after the date the student ceases to tution engages in activities as an eligible lender, cent’ with respect to loans for which the first carry at least one-half the normal full-time aca- provide for a compliance audit conducted in ac- disbursement of principal is made on or after demic workload (as determined by the institu- cordance with section 428(b)(1)(U)(iii)(I), and July 1, 2009, and before July 1, 2010; and tion).’’. the regulations thereunder, and submit the re- ‘‘(v) by substituting ‘0.0 percent’ for ‘3.0 per- (2) CONFORMING CHANGE TO ELIGIBLE BOR- sults of such audit to the Secretary; cent’ with respect to loans for which the first ROWER DEFINITION.—Section 428C(a)(3)(A)(ii)(I) ‘‘(viii) shall use any proceeds from special al- disbursement of principal is made on or after (20 U.S.C. 1078–3(a)(3)(A)(ii)(I)) is amended by lowance payments and interest payments from July 1, 2010.’’. inserting ‘‘as determined under section borrowers, interest subsidies received from the (2) DIRECT LOAN PROGRAM.—Subsection (c) of 428(b)(7)(A)’’ after ‘‘repayment status’’. Department of Education, and any proceeds section 455 (20 U.S.C. 1087e(c)) is amended— (c) ADDITIONAL AMENDMENTS.—Section 428C from the sale or other disposition of loans, for (A) by striking ‘‘(c) LOAN FEE.—’’ and insert- (20 U.S.C. 1078–3) is amended in subsection need-based grant programs; and ing the following: (a)(3), by striking subparagraph (C). ‘‘(ix) shall have met the requirements of sub- ‘‘(c) LOAN FEE.— (d) CONFORMING AMENDMENTS TO DIRECT paragraphs (A) through (F) of this paragraph ‘‘(1) IN GENERAL.—’’; and LOAN PROGRAM.—Section 455 (20 U.S.C. 1087e) is as in effect on the day before the date of enact- (B) by adding at the end the following: amended— ment of the Higher Education Reconciliation ‘‘(2) SUBSEQUENT REDUCTION.—Paragraph (1) (1) in subsection (a)(1) by inserting ‘‘428C,’’ Act of 2005, and made loans under this part, on shall be applied to loans made under this part, after ‘‘428B,’’; or before April 1, 2006. other than Federal Direct Consolidation loans (2) in subsection (a)(2)— ‘‘(B) ADMINISTRATIVE EXPENSES.—An eligible and Federal Direct PLUS loans— (A) by striking ‘‘and’’ at the end of subpara- lender under subparagraph (A) shall be per- ‘‘(A) by substituting ‘3.0 percent’ for ‘4.0 per- graph (B); mitted to use a portion of the proceeds described cent’ with respect to loans for which the first (B) by redesignating subparagraph (C) as sub- in subparagraph (A)(viii) for reasonable and di- disbursement of principal is made on or after the paragraph (D); and rect administrative expenses. date of enactment of the Higher Education Rec- (C) by inserting after subparagraph (B) the ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—An eligible onciliation Act of 2005, and before July 1, 2007; following: lender under subparagraph (A) shall ensure

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 625 that the proceeds described in subparagraph payer-Teacher Protection Act of 2004 (Pub. L. ‘‘(G) insures 98 percent of the unpaid prin- (A)(viii) are used to supplement, and not to sup- 108–409; 118 Stat. 2299) is amended by inserting cipal of loans insured under the program, except plant, non-Federal funds that would otherwise ‘‘of the Higher Education Act of 1965’’ after that— be used for need-based grant programs.’’. ‘‘Section 438(b)(2)(B)’’. ‘‘(i) such program shall insure 100 percent of SEC. 8012. REPAYMENT BY THE SECRETARY OF (2) AMENDMENT.—Paragraph (3) of section the unpaid principal of loans made with funds LOANS OF BANKRUPT, DECEASED, 3(b) of the Taxpayer-Teacher Protection Act of advanced pursuant to section 428(j) or 439(q); OR DISABLED BORROWERS; TREAT- 2004 (20 U.S.C. 1078–10 note) is amended by ‘‘(ii) for any loan for which the first disburse- MENT OF BORROWERS ATTENDING striking ‘‘, and before October 1, 2005’’. ment of principal is made on or after July 1, SCHOOLS THAT FAIL TO PROVIDE A (3) EFFECTIVE DATES.—The amendment made 2006, the preceding provisions of this subpara- REFUND, ATTENDING CLOSED SCHOOLS, OR FALSELY CERTIFIED by paragraph (1) shall be effective as if enacted graph shall be applied by substituting ‘97 per- AS ELIGIBLE TO BORROW. on October 30, 2004, and the amendment made cent’ for ‘98 percent’; and Section 437 (20 U.S.C. 1087) is amended— by paragraph (2) shall be effective as if enacted ‘‘(iii) notwithstanding the preceding provi- (1) in the section heading, by striking on October 1, 2005. sions of this subparagraph, such program shall ‘‘CLOSED SCHOOLS OR FALSELY CER- (d) COORDINATION WITH SECOND HIGHER EDU- insure 100 percent of the unpaid principal TIFIED AS ELIGIBLE TO BORROW’’ and in- CATION EXTENSION ACT OF 2005.— amount of exempt claims as defined in sub- serting ‘‘SCHOOLS THAT FAIL TO PROVIDE (1) REPEAL.—Section 2 of the Second Higher section (c)(1)(G);’’. A REFUND, ATTENDING CLOSED Education Extension Act of 2005 is amended by (2) EFFECTIVE DATE OF AMENDMENT.—The SCHOOLS, OR FALSELY CERTIFIED AS ELI- striking subsections (b) and (c). amendment made by this subsection shall apply GIBLE TO BORROW’’; and (2) EFFECT ON AMENDMENTS.—The amend- with respect to loans for which the first dis- (2) in the first sentence of subsection (c)(1), by ments made by subsections (a) and (c) of this bursement of principal is made on or after July inserting ‘‘or was falsely certified as a result of section shall be effective as if the amendments 1, 2006. a crime of identity theft’’ after ‘‘falsely certified made in subsections (b) and (c) of section 2 of (b) FEDERAL DEFAULT FEES.— by the eligible institution’’. the Second Higher Education Extension Act of (1) IN GENERAL.—Subparagraph (H) of section SEC. 8013. ELIMINATION OF TERMINATION DATES 2005 had not been enacted. 428(b)(1) (20 U.S.C. 1078(b)(1)(H)) is amended to FROM TAXPAYER-TEACHER PROTEC- (e) ADDITIONAL CHANGES TO TEACHER LOAN read as follows: TION ACT OF 2004. FORGIVENESS PROVISIONS.— ‘‘(H) provides— (a) EXTENSION OF LIMITATIONS ON SPECIAL (1) FFEL PROVISIONS.—Section 428J (20 U.S.C. ‘‘(i) for loans for which the date of guarantee ALLOWANCE FOR LOANS FROM THE PROCEEDS OF 1078–10) is amended— of principal is before July 1, 2006, for the collec- TAX EXEMPT ISSUES.—Section 438(b)(2)(B) (20 (A) in subsection (b)(1)(B), by inserting after tion of a single insurance premium equal to not U.S.C. 1087–1(b)(2)(B)) is amended— ‘‘1965’’ the following: ‘‘, or meets the require- more than 1.0 percent of the principal amount of (1) in clause (iv), by striking ‘‘and before Jan- ments of subsection (g)(3)’’; and the loan, by deduction proportionately from uary 1, 2006,’’; and (B) in subsection (g), by adding at the end the each installment payment of the proceeds of the (2) in clause (v)(II)— following new paragraph: loan to the borrower, and ensures that the pro- (A) by striking ‘‘and before January 1, 2006,’’ ‘‘(3) PRIVATE SCHOOL TEACHERS.—An indi- ceeds of the premium will not be used for incen- each place it appears in divisions (aa) and (bb); vidual who is employed as a teacher in a private tive payments to lenders; or and school and is exempt from State certification re- ‘‘(ii) for loans for which the date of guarantee (B) by striking ‘‘, and before January 1, 2006’’ quirements (unless otherwise applicable under of principal is on or after July 1, 2006, for the in division (cc). State law), may, in lieu of the requirement of collection, and the deposit into the Federal Stu- (b) ADDITIONAL LIMITATION ON SPECIAL AL- subsection (b)(1)(B), have such employment dent Loan Reserve Fund under section 422A of LOWANCE FOR LOANS FROM THE PROCEEDS OF treated as qualifying employment under this a Federal default fee of an amount equal to 1.0 TAX EXEMPT ISSUES.—Section 438(b)(2)(B) (20 section if such individual is permitted to and percent of the principal amount of the loan, U.S.C 1087–1(b)(2)(B)) is further amended by does satisfy rigorous subject knowledge and which fee shall be collected either by deduction adding at the end thereof the following new skills tests by taking competency tests in the ap- from the proceeds of the loan or by payment clauses: plicable grade levels and subject areas. For such from other non-Federal sources, and ensures ‘‘(vi) Notwithstanding clauses (i), (ii), and (v), purposes, the competency tests taken by such a that the proceeds of the Federal default fee will but subject to clause (vii), the quarterly rate of private school teacher shall be recognized by 5 not be used for incentive payments to lenders;’’. the special allowance shall be the rate deter- or more States for the purpose of fulfilling the (2) UNSUBSIDIZED LOANS.—Section 428H(h) (20 mined under subparagraph (A), (E), (F), (G), highly qualified teacher requirements under sec- U.S.C. 1078–8(h)) is amended by adding at the (H), or (I) of this paragraph, as the case may be, tion 9101 of the Elementary and Secondary Edu- end the following new sentences: ‘‘Effective for for a holder of loans— cation Act of 1965, and the score achieved by loans for which the date of guarantee of prin- ‘‘(I) that were made or purchased on or after such teacher on each test shall equal or exceed cipal is on or after July 1, 2006, in lieu of the in- the date of enactment of the Higher Education the average passing score of those 5 States.’’. surance premium authorized under the pre- Reconciliation Act of 2005; or (2) DIRECT LOAN PROVISIONS.—Section 460 (20 ‘‘(II) that were not earning a quarterly rate of ceding sentence, each State or nonprofit private U.S.C. 1087j) is amended— special allowance determined under clauses (i) institution or organization having an agreement (A) in subsection (b)(1)(A)(ii), by inserting or (ii) of subparagraph (B) of this paragraph (20 with the Secretary under section 428(b)(1) shall after ‘‘1965’’ the following: ‘‘, or meets the re- U.S.C. 1087–1(b)(2)(b)) as of the date of enact- collect and deposit into the Federal Student quirements of subsection (g)(3)’’; and ment of the Higher Education Reconciliation Loan Reserve Fund under section 422A, a Fed- (B) in subsection (g), by adding at the end the Act of 2005. eral default fee of an amount equal to 1.0 per- following new paragraph: ‘‘(vii) Clause (vi) shall be applied by sub- cent of the principal amount of the loan, which ‘‘(3) PRIVATE SCHOOL TEACHERS.—An indi- stituting ‘December 31, 2010’ for ‘the date of en- fee shall be collected either by deduction from vidual who is employed as a teacher in a private actment of the Higher Education Reconciliation the proceeds of the loan or by payment from school and is exempt from State certification re- Act of 2005’ in the case of a holder of loans other non-Federal sources. The Federal default quirements (unless otherwise applicable under that— fee shall not be used for incentive payments to ‘‘(I) was, as of the date of enactment of the State law), may, in lieu of the requirement of lenders.’’. Higher Education Reconciliation Act of 2005, subsection (b)(1)(A)(ii), have such employment (3) VOLUNTARY FLEXIBLE AGREEMENTS.—Sec- and during the quarter for which the special al- treated as qualifying employment under this tion 428A(a)(1) (20 U.S.C. 1078–1(a)(1)) is amend- lowance is paid, a unit of State or local govern- section if such individual is permitted to and ed— ment or a nonprofit private entity; does satisfy rigorous subject knowledge and (A) by striking ‘‘or’’ at the end of subpara- ‘‘(II) was, as of such date of enactment, and skills tests by taking competency tests in the ap- graph (A); during such quarter, not owned or controlled plicable grade levels and subject areas. For such (B) by striking the period at the end of sub- by, or under common ownership or control with, purposes, the competency tests taken by such a paragraph (B) and inserting ‘‘; or’’; and a for-profit entity; and private school teacher shall be recognized by 5 (C) by adding at the end the following new ‘‘(III) held, directly or through any sub- or more States for the purpose of fulfilling the subparagraph: sidiary, affiliate, or trustee, a total unpaid bal- highly qualified teacher requirements under sec- ‘‘(C) the Federal default fee required by sec- ance of principal equal to or less than tion 9101 of the Elementary and Secondary Edu- tion 428(b)(1)(H) and the second sentence of sec- $100,000,000 on loans for which special allow- cation Act of 1965, and the score achieved by tion 428H(h).’’. ances were paid under this subparagraph in the such teacher on each test shall equal or exceed (c) TREATMENT OF EXEMPT CLAIMS.— most recent quarterly payment prior to Sep- the average passing score of those 5 States.’’. (1) AMENDMENT.—Section 428(c)(1) (20 U.S.C. tember 30, 2005.’’. SEC. 8014. ADDITIONAL ADMINISTRATIVE PROVI- 1078(c)(1)) is amended— (c) ELIMINATION OF EFFECTIVE DATE LIMITA- SIONS. (A) by redesignating subparagraph (G) as sub- TION ON HIGHER TEACHER LOAN FORGIVENESS (a) INSURANCE PERCENTAGE.— paragraph (H), and moving such subparagraph BENEFITS.— (1) AMENDMENT.—Subparagraph (G) of section 2 em spaces to the left; and (1) TECHNICAL CLARIFICATION.—The matter 428(b)(1) (20 U.S.C. 1078(b)(1)(G)) is amended to (B) by inserting after subparagraph (F) the preceding paragraph (1) of section 2 of the Tax- read as follows: following new subparagraph:

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 626 CONGRESSIONAL RECORD—HOUSE February 1, 2006 ‘‘(G)(i) Notwithstanding any other provisions agreement of the borrower by notice to the bor- ‘‘(A) administrative costs under this part and of this section, in the case of exempt claims, the rower from the lender, and by recording the part B, including the costs of the direct student Secretary shall apply the provisions of— terms in the borrower’s file.’’. loan programs under this part; and ‘‘(I) the fourth sentence of subparagraph (A) (f) VOLUNTARY FLEXIBLE AGREEMENTS.—Sec- ‘‘(B) account maintenance fees payable to by substituting ‘100 percent’ for ‘95 percent’; tion 428A(a) (20 U.S.C. 1078–1(a)) is further guaranty agencies under part B and calculated ‘‘(II) subparagraph (B)(i) by substituting ‘100 amended— in accordance with subsections (b) and (c), percent’ for ‘85 percent’; and (1) in paragraph (1)(B), by striking ‘‘unless not to exceed (from such funds not otherwise ‘‘(III) subparagraph (B)(ii) by substituting the Secretary’’ and all that follows through appropriated) $820,000,000 in fiscal year 2006. ‘100 percent’ for ‘75 percent’. ‘‘designated guarantor’’; ‘‘(2) AUTHORIZATION FOR ADMINISTRATIVE ‘‘(ii) For purposes of clause (i) of this sub- (2) by striking paragraph (2); COSTS BEGINNING IN FISCAL YEARS 2007 THROUGH paragraph, the term ‘exempt claims’ means (3) by redesignating paragraph (3) as para- 2011.—For each of the fiscal years 2007 through claims with respect to loans for which it is de- graph (2); and 2011, there are authorized to be appropriated termined that the borrower (or the student on (4) by striking paragraph (4). such sums as may be necessary for administra- whose behalf a parent has borrowed), without (g) FRAUD; REPAYMENT REQUIRED.—Section tive costs under this part and part B, including the lender’s or the institution’s knowledge at 428B(a)(1) (20 U.S.C. 1078–2(a)(1)) is further the costs of the direct student loan programs the time the loan was made, provided false or amended— under this part. (1) by striking ‘‘and’’ at the end of subpara- erroneous information or took actions that ‘‘(3) CONTINUING MANDATORY FUNDS FOR AC- graph (A); caused the borrower or the student to be ineli- COUNT MAINTENANCE FEES.—For each of the fis- (2) by redesignating subparagraph (B) as sub- gible for all or a portion of the loan or for inter- cal years 2007 through 2011, there shall be avail- paragraph (C); and est benefits thereon.’’. able to the Secretary, from funds not otherwise (3) by inserting after subparagraph (A) the (2) EFFECTIVE DATE OF AMENDMENTS.—The appropriated, funds to be obligated for account amendments made by this subsection shall apply following new subparagraph: ‘‘(B) in the case of a graduate or professional maintenance fees payable to guaranty agencies with respect to loans for which the first dis- student or parent who has been convicted of, or under part B and calculated in accordance with bursement of principal is made on or after July has pled nolo contendere or guilty to, a crime subsection (b). 1, 2006. ‘‘(4) ACCOUNT MAINTENANCE FEES.—Account involving fraud in obtaining funds under this (d) CONSOLIDATION OF DEFAULTED LOANS.— maintenance fees under paragraph (3) shall be title, such graduate or professional student or Section 428(c) (20 U.S.C. 1078(c)) is further paid quarterly and deposited in the Agency Op- parent has completed the repayment of such amended— erating Fund established under section 422B. funds to the Secretary, or to the holder in the (1) in paragraph (2)(A)— ‘‘(5) CARRYOVER.—The Secretary may carry case of a loan under this title obtained by fraud; (A) by inserting ‘‘(i)’’ after ‘‘including’’; and over funds made available under this section to and’’. (B) by inserting before the semicolon at the a subsequent fiscal year. (h) DEFAULT REDUCTION PROGRAM.—Section end the following: ‘‘and (ii) requirements estab- ‘‘(b) CALCULATION BASIS.—Account mainte- 428F(a)(1) (20 U.S.C. 1078–6(a)(1)) is amended— lishing procedures to preclude consolidation nance fees payable to guaranty agencies under (1) in subparagraph (A), by striking ‘‘consecu- lending from being an excessive proportion of subsection (a)(3) shall not exceed the basis of tive payments for 12 months’’ and inserting ‘‘9 guaranty agency recoveries on defaulted loans 0.10 percent of the original principal amount of payments made within 20 days of the due date under this part’’; outstanding loans on which insurance was during 10 consecutive months’’; (2) in paragraph (2)(D), by striking ‘‘para- (2) by redesignating subparagraph (C) as sub- issued under part B. ‘‘(c) BUDGET JUSTIFICATION.—No funds may graph (6)’’ and inserting ‘‘paragraph (6)(A)’’; paragraph (D); and be expended under this section unless the Sec- and (3) by inserting after subparagraph (B) the retary includes in the Department of Edu- (3) in paragraph (6)— following new subparagraph: (A) by redesignating subparagraphs (A) and ‘‘(C) A guaranty agency may charge the bor- cation’s annual budget justification to Congress (B) as clauses (i) and (ii), respectively; rower and retain collection costs in an amount a detailed description of the specific activities (B) by inserting ‘‘(A)’’ before ‘‘For the pur- not to exceed 18.5 percent of the outstanding for which the funds made available by this sec- pose of paragraph (2)(D),’’; and principal and interest at the time of sale of a tion have been used in the prior and current (C) by adding at the end the following new loan rehabilitated under subparagraph (A).’’. years (if applicable), the activities and costs subparagraphs: (i) EXCEPTIONAL PERFORMANCE INSURANCE planned for the budget year, and the projection ‘‘(B) A guaranty agency shall— RATE.—Section 428I(b)(1) (20 U.S.C. 1078–9(b)(1)) of activities and costs for each remaining year ‘‘(i) on or after October 1, 2006— is amended— for which administrative expenses under this ‘‘(I) not charge the borrower collection costs (1) in the heading, by striking ‘‘100 PERCENT’’ section are made available.’’. in an amount in excess of 18.5 percent of the and inserting ‘‘99 PERCENT’’; and SEC. 8016. COST OF ATTENDANCE. outstanding principal and interest of a de- (2) by striking ‘‘100 percent of the unpaid’’ Section 472 (20 U.S.C. 1087ll) is amended— faulted loan that is paid off through consolida- and inserting ‘‘99 percent of the unpaid’’. (1) by striking paragraph (4) and inserting the tion by the borrower under this title; and (j) UNIFORM ADMINISTRATIVE AND CLAIMS following: ‘‘(II) remit to the Secretary a portion of the PROCEDURE.—Section 432(l)(1)(H) (20 U.S.C. ‘‘(4) for less than half-time students (as deter- collection charge under subclause (I) equal to 1082(l)(1)(H)) is amended by inserting ‘‘and an- mined by the institution), tuition and fees and 8.5 percent of the outstanding principal and in- ticipated graduation date’’ after ‘‘status an allowance for only— terest of such defaulted loan; and change’’. ‘‘(A) books, supplies, and transportation (as ‘‘(ii) on and after October 1, 2009, remit to the (1) Section 428(a)(3)(A)(v) (20 U.S.C. determined by the institution); Secretary the entire amount charged under 1078(a)(3)(A)(v)) is amended— ‘‘(B) dependent care expenses (determined in clause (i)(I) with respect to each defaulted loan (A) by striking ‘‘or’’ at the end of subclause accordance with paragraph (8)); and that is paid off with excess consolidation pro- (I); ‘‘(C) room and board costs (determined in ac- ceeds. (B) by striking the period at the end of sub- cordance with paragraph (3)), except that a stu- ‘‘(C) For purposes of subparagraph (B), the clause (II) and inserting ‘‘; or’’; and dent may receive an allowance for such costs term ‘excess consolidation proceeds’ means, with (C) by adding after subclause (II) the fol- under this subparagraph for not more than 3 se- respect to any guaranty agency for any Federal lowing new subclause: mesters or the equivalent, of which not more fiscal year beginning on or after October 1, 2009, ‘‘(III) in the case of a loan disbursed through than 2 semesters or the equivalent may be con- the proceeds of consolidation of defaulted loans an escrow agent, 3 days before the first dis- secutive;’’; under this title that exceed 45 percent of the bursement of the loan.’’. (2) in paragraph (11), by striking ‘‘and’’ after agency’s total collections on defaulted loans in (2) Section 428(c)(1)(A) (20 U.S.C. the semicolon; such Federal fiscal year.’’. 1078(c)(1)(A)) is amended by striking ‘‘45 days’’ (3) in paragraph (12), by striking the period (e) DOCUMENTATION OF FORBEARANCE AGREE- in the last sentence and inserting ‘‘30 days’’. and inserting ‘‘; and’’; and MENTS.—Section 428(c) (20 U.S.C. 1078(c)) is fur- (3) Section 428(i)(1) (20 U.S.C. 1078(i)(1)) is (4) by adding at the end the following: ther amended— amended by striking ‘‘21 days’’ in the third sen- ‘‘(13) at the option of the institution, for a (1) in paragraph (3)(A)(i)— tence and inserting ‘‘10 days’’. student in a program requiring professional li- (A) by striking ‘‘in writing’’; and SEC. 8015. FUNDS FOR ADMINISTRATIVE EX- censure or certification, the one-time cost of ob- (B) by inserting ‘‘and documented in accord- PENSES. taining the first professional credentials (as de- ance with paragraph (10)’’ after ‘‘approval of Section 458 is amended to read as follows: termined by the institution).’’. the insurer’’; and ‘‘SEC. 458. FUNDS FOR ADMINISTRATIVE EX- SEC. 8017. FAMILY CONTRIBUTION. (2) by adding at the end the following new PENSES. (a) FAMILY CONTRIBUTION FOR DEPENDENT paragraph: ‘‘(a) ADMINISTRATIVE EXPENSES.— STUDENTS.— ‘‘(10) DOCUMENTATION OF FORBEARANCE ‘‘(1) MANDATORY FUNDS FOR FISCAL YEAR (1) AMENDMENTS.—Section 475 (20 U.S.C. AGREEMENTS.—For the purposes of paragraph 2006.—For fiscal year 2006, there shall be avail- 1087oo) is amended— (3), the terms of forbearance agreed to by the able to the Secretary, from funds not otherwise (A) in subsection (g)(2)(D), by striking parties shall be documented by confirming the appropriated, funds to be obligated for— ‘‘$2,200’’ and inserting ‘‘$3,000’’; and

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 627 (B) in subsection (h), by striking ‘‘35’’ and in- ‘‘(III) received benefits at some time during the eligibility guidelines in subsections serting ‘‘20’’. the previous 12-month period under a means- (b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A) (2) EFFECTIVE DATE.—The amendments made tested Federal benefit program as defined under of section 479 of the Higher Education Act of by paragraph (1) shall apply with respect to de- subsection (d); and’’; and 1965 (20 U.S.C. 1087ss(b)(1)(A)(i), (b)(1)(B)(i), terminations of need for periods of enrollment (B) in the matter preceding subparagraph (A) (c)(1)(A), and (c)(2)(A)). beginning on or after July 1, 2007. of paragraph (3), by striking ‘‘A student or fam- (2) MEANS-TESTED FEDERAL BENEFIT PRO- (b) FAMILY CONTRIBUTION FOR INDEPENDENT ily files a form described in this subsection, or GRAM.—For each 3-year period, the Secretary of STUDENTS WITHOUT DEPENDENTS OTHER THAN A subsection (c), as the case maybe, if the student Education shall evaluate the impact of includ- SPOUSE.— or family, respectively, files’’ and inserting ‘‘In ing the receipt of benefits by a student or parent (1) AMENDMENTS.—Section 476 (20 U.S.C. the case of an independent student, the student, under a means-tested Federal benefit program 1087pp) is amended— or in the case of a dependent student, the fam- (as defined in section 479(d) of the Higher Edu- (A) in subsection (b)(1)(A)(iv)— ily, files a form described in this subsection, or cation Act of 1965 (20 U.S.C. 1087ss(d)) as a fac- (i) in subclause (I), by striking ‘‘$5,000’’ and subsection (c), as the case may be, if the student tor in determining eligibility under subsections inserting ‘‘$6,050’’; or family, as appropriate, files’’; (b) and (c) of section 479 of the Higher Edu- (ii) in subclause (II), by striking ‘‘$5,000’’ and (2) in subsection (c)— cation Act of 1965 (20 U.S.C. 1087ss(b) and (c)). inserting ‘‘$6,050’’; and (A) in paragraph (1)— SEC. 8019. ADDITIONAL NEED ANALYSIS AMEND- (iii) in subclause (III), by striking ‘‘$8,000’’ (i) by striking subparagraph (A) and inserting MENTS. and inserting ‘‘$9,700’’; and the following: (a) TREATING ACTIVE DUTY MEMBERS OF THE (B) in subsection (c)(4), by striking ‘‘35’’ and ‘‘(A) the student’s parents— ARMED FORCES AS INDEPENDENT STUDENTS.— inserting ‘‘20’’. ‘‘(i) file, or are eligible to file, a form described Section 480(d)(3) (20 U.S.C. 1087vv(d)(3)) is (2) EFFECTIVE DATE.—The amendments made in subsection (b)(3); amended by inserting before the semicolon at by paragraph (1) shall apply with respect to de- ‘‘(ii) certify that the parents are not required the end the following: ‘‘or is currently serving terminations of need for periods of enrollment to file a Federal income tax return; or on active duty in the Armed Forces for other beginning on or after July 1, 2007. ‘‘(iii) received, or the student received, bene- than training purposes’’. (c) FAMILY CONTRIBUTION FOR INDEPENDENT fits at some time during the previous 12-month (b) DEFINITION OF ASSETS.—Section 480(f)(1) STUDENTS WITH DEPENDENTS OTHER THAN A period under a means-tested Federal benefit pro- (20 U.S.C. 1087vv(f)(1)) is amended by inserting SPOUSE.— gram as defined under subsection (d); and’’; and ‘‘qualified education benefits (except as pro- (1) AMENDMENT.—Section 477(c)(4) (20 U.S.C. (ii) by striking subparagraph (B) and insert- vided in paragraph (3)),’’ after ‘‘tax shelters,’’. 1087qq(c)(4)) is amended by striking ‘‘12’’ and ing the following: (c) TREATMENT OF FAMILY OWNERSHIP OF inserting ‘‘7’’. ‘‘(B) the sum of the adjusted gross income of SMALL BUSINESSES.—Section 480(f)(2) (20 U.S.C. (2) EFFECTIVE DATE.—The amendment made the parents is less than or equal to $20,000; or’’; 1087vv(f)(2)) is amended— by paragraph (1) shall apply with respect to de- and (1) in subparagraph (A), by striking ‘‘or’’; terminations of need for periods of enrollment (B) in paragraph (2)— (2) in subparagraph (B), by striking the period beginning on or after July 1, 2007. (i) by striking subparagraph (A) and inserting at the end and inserting ‘‘; or’’; and (d) REGULATIONS; UPDATED TABLES.—Section the following: (3) by adding at the end the following new 478(b) (20 U.S.C. 1087rr(b)) is amended— ‘‘(A) the student (and the student’s spouse, if subparagraph: (1) in paragraph (1), by adding at the end the any)— ‘‘(C) a small business with not more than 100 following: ‘‘For the 2007–2008 academic year, the ‘‘(i) files, or is eligible to file, a form described full-time or full-time equivalent employees (or Secretary shall revise the tables in accordance in subsection (b)(3); any part of such a small business) that is owned with this paragraph, except that the Secretary ‘‘(ii) certifies that the student (and the stu- and controlled by the family.’’. shall increase the amounts contained in the dent’s spouse, if any) is not required to file a (d) ADDITIONAL DEFINITIONS.—Section 480(f) table in section 477(b)(4) by a percentage equal Federal income tax return; or is further amended by adding at the end the fol- to the greater of the estimated percentage in- ‘‘(iii) received benefits at some time during the lowing new paragraphs: crease in the Consumer Price Index (as deter- previous 12-month period under a means-tested ‘‘(3) A qualified education benefit shall not be mined under the preceding sentence) or 5 per- Federal benefit program as defined under sub- considered an asset of a student for purposes of cent.’’; and section (d); and’’; and section 475. (2) in paragraph (2)— (ii) by striking subparagraph (B) and insert- ‘‘(4) In determining the value of assets in a (A) by striking ‘‘2000–2001’’ and inserting ing the following: determination of need under this title (other ‘‘2007–2008’’; and ‘‘(B) the sum of the adjusted gross income of than for subpart 4 of part A), the value of a (B) by striking ‘‘1999’’ and inserting ‘‘2006’’. the student and spouse (if appropriate) is less qualified education benefit shall be— (e) EMPLOYMENT EXPENSE ALLOWANCE.—Sec- than or equal to $20,000.’’; and ‘‘(A) the refund value of any tuition credits or tion 478(h) (20 U.S.C. 1087rr(h)) is amended— (3) by adding at the end the following: certificates purchased under a qualified edu- (1) by striking ‘‘476(b)(4)(B),’’; and ‘‘(d) DEFINITION OF MEANS-TESTED FEDERAL cation benefit; and (2) by striking ‘‘meals away from home, ap- BENEFIT PROGRAM.—In this section, the term ‘‘(B) in the case of a program in which con- parel and upkeep, transportation, and house- ‘means-tested Federal benefit program’ means a tributions are made to an account that is estab- keeping services’’ and inserting ‘‘food away mandatory spending program of the Federal lished for the purpose of meeting the qualified from home, apparel, transportation, and house- Government, other than a program under this higher education expenses of the designated hold furnishings and operations’’. title, in which eligibility for the program’s bene- beneficiary of the account, the current balance SEC. 8018. SIMPLIFIED NEED TEST AND AUTO- fits, or the amount of such benefits, are deter- of such account. MATIC ZERO IMPROVEMENTS. mined on the basis of income or resources of the ‘‘(5) In this subsection: (a) AMENDMENTS.—Section 479 (20 U.S.C. individual or family seeking the benefit, and ‘‘(A) The term ‘qualified education benefit’ 1087ss) is amended— may include such programs as— means— (1) in subsection (b)— ‘‘(1) the supplemental security income pro- ‘‘(i) a qualified tuition program (as defined in (A) in paragraph (1)— gram under title XVI of the Social Security Act section 529(b)(1)(A) of the Internal Revenue (i) in subparagraph (A), by striking clause (i) (42 U.S.C. 1381 et seq.); Code of 1986) or other prepaid tuition plan of- and inserting the following: ‘‘(2) the food stamp program under the Food fered by a State; and ‘‘(i) the student’s parents— Stamp Act of 1977 (7 U.S.C. 2011 et seq.); ‘‘(ii) a Coverdell education savings account ‘‘(I) file, or are eligible to file, a form de- ‘‘(3) the free and reduced price school lunch (as defined in section 530(b)(1) of the Internal scribed in paragraph (3); program established under the Richard B. Rus- Revenue Code of 1986). ‘‘(II) certify that the parents are not required sell National School Lunch Act (42 U.S.C. 1751 ‘‘(B) The term ‘qualified higher education ex- to file a Federal income tax return; or et seq.); penses’ has the meaning given the term in sec- ‘‘(III) received, or the student received, bene- ‘‘(4) the program of block grants for States for tion 529(e) of the Internal Revenue Code of fits at some time during the previous 12-month temporary assistance for needy families estab- 1986.’’. period under a means-tested Federal benefit pro- lished under part A of title IV of the Social Se- (e) DESIGNATED ASSISTANCE.—Section 480(j) gram as defined under subsection (d); and’’; and curity Act (42 U.S.C. 601 et seq.); (20 U.S.C. 1087vv(j)) is amended— (ii) in subparagraph (B), by striking clause (i) ‘‘(5) the special supplemental nutrition pro- (1) in the subsection heading, by striking ‘‘; and inserting the following: gram for women, infants, and children estab- TUITION PREPAYMENT PLANS’’; ‘‘(i) the student (and the student’s spouse, if lished by section 17 of the Child Nutrition Act of (2) by striking paragraph (2); any)— 1966 (42 U.S.C. 1786); and (3) by redesignating paragraph (3) as para- ‘‘(I) files, or is eligible to file, a form described ‘‘(6) other programs identified by the Sec- graph (2); and in paragraph (3); retary.’’. (4) by adding at the end the following new ‘‘(II) certifies that the student (and the stu- (b) EVALUATION OF SIMPLIFIED NEEDS TEST.— paragraph: dent’s spouse, if any) is not required to file a (1) ELIGIBILITY GUIDELINES.—The Secretary of ‘‘(3) Notwithstanding paragraph (1) and sec- Federal income tax return; or Education shall regularly evaluate the impact of tion 472, assistance not received under this title

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 628 CONGRESSIONAL RECORD—HOUSE February 1, 2006 may be excluded from both estimated financial (1) by striking the period at the end of para- (7) in subsection (d), by striking ‘‘(a)(3)(B)(i)’’ assistance and cost of attendance, if that assist- graph (5) and inserting ‘‘; and’’; and and inserting ‘‘(a)(3)(B)’’; and ance is provided by a State and is designated by (2) by adding at the end the following new (8) in subsection (d)(2), by striking ‘‘clock such State to offset a specific component of the paragraph: hours—’’ and all that follows through the pe- cost of attendance. If that assistance is excluded ‘‘(6) if the student has been convicted of, or riod and inserting ‘‘clock hours scheduled to be from either estimated financial assistance or has pled nolo contendere or guilty to, a crime completed by the student in that period as of the cost of attendance, it shall be excluded from involving fraud in obtaining funds under this day the student withdrew.’’. both.’’. title, have completed the repayment of such SEC. 8023. COLLEGE ACCESS INITIATIVE. SEC. 8020. GENERAL PROVISIONS. funds to the Secretary, or to the holder in the Part G is further amended by inserting after (a) ACADEMIC YEAR.—Paragraph (2) of section case of a loan under this title obtained by section 485C (20 U.S.C. 1092c) the following new 481(a) (20 U.S.C. 1088(a)) is amended to read as fraud.’’. section: follows: (b) VERIFICATION OF INCOME DATE.—Para- ‘‘SEC. 485D. COLLEGE ACCESS INITIATIVE. ‘‘(2)(A) For the purpose of any program under graph (1) of section 484(q) (20 U.S.C. 1091(q)) is ‘‘(a) STATE-BY-STATE INFORMATION.—The Sec- this title, the term ‘academic year’ shall— amended to read as follows: retary shall direct each guaranty agency with ‘‘(i) require a minimum of 30 weeks of instruc- ‘‘(1) CONFIRMATION WITH IRS.—The Secretary which the Secretary has an agreement under tional time for a course of study that measures of Education, in cooperation with the Secretary section 428(c) to provide to the Secretary the in- its program length in credit hours; or of the Treasury, is authorized to confirm with formation necessary for the development of ‘‘(ii) require a minimum of 26 weeks of instruc- the Internal Revenue Service the information Internet web links and access for students and tional time for a course of study that measures specified in section 6103(l)(13) of the Internal families to a comprehensive listing of the post- its program length in clock hours; and Revenue Code of 1986 reported by applicants ‘‘(iii) require an undergraduate course of secondary education opportunities, programs, (including parents) under this title on their Fed- study to contain an amount of instructional publications, Internet web sites, and other serv- eral income tax returns for the purpose of time whereby a full-time student is expected to ices available in the States for which such agen- verifying the information reported by applicants complete at least— cy serves as the designated guarantor. ‘‘(I) 24 semester or trimester hours or 36 quar- on student financial aid applications.’’. ‘‘(b) GUARANTY AGENCY ACTIVITIES.— ter credit hours in a course of study that meas- (c) SUSPENSION OF ELIGIBILITY FOR DRUG OF- ‘‘(1) PLAN AND ACTIVITY REQUIRED.—Each ures its program length in credit hours; or FENSES.—Section 484(r)(1) (20 U.S.C. 1091(r)(1)) guaranty agency with which the Secretary has ‘‘(II) 900 clock hours in a course of study that is amended by striking everything preceding the an agreement under section 428(c) shall develop measures its program length in clock hours. table and inserting the following: a plan, and undertake the activity necessary, to ‘‘(B) The Secretary may reduce such minimum ‘‘(1) IN GENERAL.—A student who is convicted gather the information required under sub- of 30 weeks to not less than 26 weeks for good of any offense under any Federal or State law section (a) and to make such information avail- cause, as determined by the Secretary on a case- involving the possession or sale of a controlled able to the public and to the Secretary in a form by-case basis, in the case of an institution of substance for conduct that occurred during a and manner as prescribed by the Secretary. higher education that provides a 2-year or 4- period of enrollment for which the student was ‘‘(2) ACTIVITIES.—Each guaranty agency shall year program of instruction for which the insti- receiving any grant, loan, or work assistance undertake such activities as are necessary to tution awards an associate or baccalaureate de- under this title shall not be eligible to receive promote access to postsecondary education for gree.’’. any grant, loan, or work assistance under this students through providing information on col- (b) DISTANCE EDUCATION: ELIGIBLE PRO- title from the date of that conviction for the pe- lege planning, career preparation, and paying GRAM.—Section 481(b) (20 U.S.C. 1088(b)) is riod of time specified in the following table:’’. for college. The guaranty agency shall publicize amended by adding at the end the following SEC. 8022. INSTITUTIONAL REFUNDS. such information and coordinate such activities new paragraphs: Section 484B (20 U.S.C. 1091b) is amended— with other entities that either provide or dis- ‘‘(3) An otherwise eligible program that is of- (1) in the matter preceding clause (i) of sub- tribute such information in the States for which fered in whole or in part through telecommuni- section (a)(2)(A), by striking ‘‘a leave of’’ and such guaranty agency serves as the designated cations is eligible for the purposes of this title if inserting ‘‘1 or more leaves of’’; guarantor. the program is offered by an institution, other (2) in subsection (a)(3)(B)(ii), by inserting ‘‘(3) FUNDING.—The activities required by this than a foreign institution, that has been evalu- ‘‘(as determined in accordance with subsection section may be funded from the guaranty agen- ated and determined (before or after the date of (d))’’ after ‘‘student has completed’’; cy’s Operating Fund established pursuant to enactment of the Higher Education Reconcili- (3) in subsection (a)(3)(C)(i), by striking section 422B and, to the extent funds remain, ation Act of 2005) to have the capability to effec- ‘‘grant or loan assistance under this title’’ and from earnings on the restricted account estab- tively deliver distance education programs by an inserting ‘‘grant assistance under subparts 1 lished pursuant to section 422(h)(4). accrediting agency or association that— and 3 of part A, or loan assistance under parts ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this ‘‘(A) is recognized by the Secretary under sub- B, D, and E,’’; subsection shall be construed to require a guar- part 2 of part H; and (4) in subsection (a)(4), by amending subpara- anty agency to duplicate any efforts under way ‘‘(B) has evaluation of distance education graph (A) to read as follows: on the date of enactment of the Higher Edu- programs within the scope of its recognition, as ‘‘(A) IN GENERAL.—After determining the eligi- cation Reconciliation Act of 2005 that meet the described in section 496(n)(3). bility of the student for a late disbursement or requirements of this section. ‘‘(4) For purposes of this title, the term ‘eligi- post-withdrawal disbursement (as required in ‘‘(c) ACCESS TO INFORMATION.— ble program’ includes an instructional program ‘‘(1) SECRETARY’S RESPONSIBILITY.—The Sec- regulations prescribed by the Secretary), the in- that, in lieu of credit hours or clock hours as the retary shall ensure the availability of the infor- stitution of higher education shall contact the measure of student learning, utilizes direct as- mation provided, by the guaranty agencies in borrower and obtain confirmation that the loan sessment of student learning, or recognizes the accordance with this section, to students, par- funds are still required by the borrower. In mak- direct assessment of student learning by others, ents, and other interested individuals, through ing such contact, the institution shall explain to if such assessment is consistent with the accred- Internet web links or other methods prescribed the borrower the borrower’s obligation to repay itation of the institution or program utilizing by the Secretary. the funds following any such disbursement. The the results of the assessment. In the case of a ‘‘(2) GUARANTY AGENCY RESPONSIBILITY.—The institution shall document in the borrower’s file program being determined eligible for the first guaranty agencies shall ensure that the infor- the result of such contact and the final deter- time under this paragraph, such determination mation required by this section is available mination made concerning such disbursement.’’; shall be made by the Secretary before such pro- without charge in printed format for students (5) in subsection (b)(1), by inserting ‘‘not later gram is considered to be an eligible program.’’. and parents requesting such information. (c) CORRESPONDENCE COURSES.—Section than 45 days from the determination of with- ‘‘(3) PUBLICITY.—Not later than 270 days after 484(l)(1) (20 U.S.C. 1091(l)(1)) is amended— drawal’’ after ‘‘return’’; the date of enactment of the Higher Education (1) in subparagraph (A)— (6) in subsection (b)(2), by amending subpara- Reconciliation Act of 2005, the Secretary and (A) by striking ‘‘for a program of study of 1 graph (C) to read as follows: guaranty agencies shall publicize the avail- year or longer’’; and ‘‘(C) GRANT OVERPAYMENT REQUIREMENTS.— ability of the information required by this sec- (B) by striking ‘‘unless the total’’ and all that ‘‘(i) IN GENERAL.—Notwithstanding subpara- tion, with special emphasis on ensuring that follows through ‘‘courses at the institution’’; graphs (A) and (B), a student shall only be re- populations that are traditionally underrep- and quired to return grant assistance in the amount resented in postsecondary education are made (2) by amending subparagraph (B) to read as (if any) by which— aware of the availability of such information.’’. follows: ‘‘(I) the amount to be returned by the student SEC. 8024. WAGE GARNISHMENT REQUIREMENT. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not (as determined under subparagraphs (A) and Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is apply to an institution or school described in (B)), exceeds amended by striking ‘‘10 percent’’ and inserting section 3(3)(C) of the Carl D. Perkins Vocational ‘‘(II) 50 percent of the total grant assistance ‘‘15 percent’’. and Technical Education Act of 1998.’’. received by the student under this title for the SEC. 8021. STUDENT ELIGIBILITY. payment period or period of enrollment. Subtitle B—Pensions (a) FRAUD: REPAYMENT REQUIRED.—Section ‘‘(ii) MINIMUM.—A student shall not be re- SEC. 8201. INCREASES IN PBGC PREMIUMS. 484(a) (20 U.S.C. 1091(a)) is amended— quired to return amounts of $50 or less.’’; (a) FLAT-RATE PREMIUMS.—

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 629

(1) SINGLE-EMPLOYER PLANS.— ‘‘(B) SPECIAL RULE FOR PLANS TERMINATED IN (1) $250,000,000 for fiscal year 2007 for alloca- (A) IN GENERAL.—Clause (i) of section BANKRUPTCY REORGANIZATION.—In the case of a tion under section 2604(a) through (d) of the 4006(a)(3)(A) of the Employee Retirement Income single-employer plan terminated under section Low-Income Home Energy Assistance Act of Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is 4041(c)(2)(B)(ii) or under section 4042 during 1981 (42 U.S.C. 8623(a) through (d)); and amended by striking ‘‘$19’’ and inserting ‘‘$30’’. pendency of any bankruptcy reorganization (2) $750,000,000 for fiscal year 2007 for alloca- (B) ADJUSTMENT FOR INFLATION.—Section proceeding under chapter 11 of title 11, United tion under section 2604(e) of the Low-Income 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is States Code, or under any similar law of a State Home Energy Assistance Act of 1981 (42 U.S.C. amended by adding at the end the following or a political subdivision of a State (or a case 8623(e)). new subparagraph: described in section 4041(c)(2)(B)(i) filed by or (b) SUNSET.—The provisions of this section ‘‘(F) For each plan year beginning in a cal- against such person has been converted, as of shall terminate, be null and void, and have no endar year after 2006, there shall be substituted such date, to such a case in which reorganiza- force and effect whatsoever after September 30, for the premium rate specified in clause (i) of tion is sought), subparagraph (A) shall not 2007. No monies provided for under this section subparagraph (A) an amount equal to the great- apply to such plan until the date of the dis- shall be available after such date. er of— charge or dismissal of such person in such case. TITLE X—JUDICIARY RELATED ‘‘(i) the product derived by multiplying the ‘‘(C) APPLICABLE 12-MONTH PERIOD.—For pur- PROVISIONS premium rate specified in clause (i) of subpara- poses of subparagraph (A)— Subtitle A—Civil Filing Adjustments graph (A) by the ratio of— ‘‘(i) IN GENERAL.—The term ‘applicable 12- ‘‘(I) the national average wage index (as de- month period’ means— SEC. 10001. CIVIL CASE FILING FEE INCREASES. fined in section 209(k)(1) of the Social Security ‘‘(I) the 12-month period beginning with the (a) CIVIL ACTIONS FILED IN DISTRICT Act) for the first of the 2 calendar years pre- first month following the month in which the COURTS.—Section 1914(a) of title 28, United ceding the calendar year in which such plan termination date occurs, and States Code, is amended by striking ‘‘$250’’ and year begins, to ‘‘(II) each of the first two 12-month periods inserting ‘‘$350’’. ‘‘(II) the national average wage index (as so immediately following the period described in (b) APPEALS FILED IN COURTS OF APPEALS.— defined) for 2004; and subclause (I). The $250 fee for docketing a case on appeal or ‘‘(ii) the premium rate in effect under clause ‘‘(ii) PLANS TERMINATED IN BANKRUPTCY REOR- review, or docketing any other proceeding, in a (i) of subparagraph (A) for plan years beginning GANIZATION.—In any case in which the require- court of appeals, as prescribed by the Judicial in the preceding calendar year. ments of subparagraph (B)(i)(I) are met in con- Conference, effective as of January 1, 2005, If the amount determined under this subpara- nection with the termination of the plan with under section 1913 of title 28, United States graph is not a multiple of $1, such product shall respect to 1 or more persons described in such Code, shall be increased to $450. be rounded to the nearest multiple of $1.’’. subparagraph, the 12-month period described in (c) EXPENDITURE LIMITATION.—Incremental (2) MULTIEMPLOYER PLANS.— clause (i)(I) shall be the 12-month period begin- amounts collected by reason of the enactment of (A) IN GENERAL.—Section 4006(a)(3)(A) of such ning with the first month following the month this section shall be deposited in a special fund Act (29 U.S.C. 1306(a)(3)(A)) is amended— which includes the earliest date as of which in the Treasury to be established after the en- (i) in clause (iii)— each such person is discharged or dismissed in actment of this Act. Such amounts shall be (I) by inserting ‘‘and before January 1, 2006,’’ the case described in such clause in connection available for the purposes specified in section after ‘‘Act of 1980,’’; and with such person. 1931(a) of title 28, United States Code, but only (II) by striking the period at the end and in- ‘‘(D) COORDINATION WITH SECTION 4007.— to the extent specifically appropriated by an Act serting ‘‘, or’’; and ‘‘(i) Notwithstanding section 4007— of Congress enacted after the enactment of this (ii) by adding at the end the following: ‘‘(I) premiums under this paragraph shall be Act. ‘‘(iv) in the case of a multiemployer plan, for due within 30 days after the beginning of any (d) EFFECTIVE DATE.—This section and the plan years beginning after December 31, 2005, applicable 12-month period, and amendment made by this section shall take ef- $8.00 for each individual who is a participant in ‘‘(II) the designated payor shall be the person fect 60 days after the date of the enactment of such plan during the applicable plan year.’’. who is the contributing sponsor as of imme- this Act. diately before the termination date. (B) ADJUSTMENT FOR INFLATION.—Section Subtitle B—Bankruptcy Fees 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)), as ‘‘(ii) The fifth sentence of section 4007(a) shall amended by this subsection, is amended by add- not apply in connection with premiums deter- SEC. 11101. BANKRUPTCY FEES. ing at the end the following new subparagraph: mined under this paragraph. (a) BANKRUPTCY FILING FEES.—Section ‘‘(G) For each plan year beginning in a cal- ‘‘(E) TERMINATION.—Subparagraph (A) shall 1930(a) of title 28, United States Code, is amend- endar year after 2006, there shall be substituted not apply with respect to any plan terminated ed— for the premium rate specified in clause (iv) of after December 31, 2010.’’. (1) in paragraph (1)— subparagraph (A) an amount equal to the great- (c) CONFORMING AMENDMENT.—Section (A) in subparagraph (A) by striking ‘‘$220’’ er of— 4006(a)(3)(B) of such Act (29 U.S.C. and inserting ‘‘$245’’; and ‘‘(i) the product derived by multiplying the 1306(a)(3)(B)) is amended by striking ‘‘subpara- (B) in subparagraph (B) by striking ‘‘$150’’ premium rate specified in clause (iv) of subparagraph (A)(iii)’’ and inserting ‘‘clause (iii) or (iv) and inserting ‘‘$235’’; and graph (A) by the ratio of— of subparagraph (A)’’. (2) in paragraph (2) by striking ‘‘$1,000’’ and ‘‘(I) the national average wage index (as de- (d) EFFECTIVE DATES.— inserting ‘‘$2,750’’. fined in section 209(k)(1) of the Social Security (1) IN GENERAL.—Except as otherwise provided (b) EXPENDITURE LIMITATION.—Incremental Act) for the first of the 2 calendar years pre- in this subsection, the amendments made by this amounts collected by reason of the amendments ceding the calendar year in which such plan section shall apply to plan years beginning after made by subsection (a) shall be deposited in a year begins, to December 31, 2005. special fund in the Treasury to be established ‘‘(II) the national average wage index (as so (2) PREMIUM RATE FOR CERTAIN TERMINATED after the enactment of this Act. Such amounts defined) for 2004; and SINGLE-EMPLOYER PLANS.— shall be available for the purposes specified in ‘‘(ii) the premium rate in effect under clause (A) IN GENERAL.—Except as provided in subsection 1931(a) of title 28, United States Code, (iv) of subparagraph (A) for plan years begin- paragraph (B), the amendment made by sub- but only to the extent specifically appropriated ning in the preceding calendar year. section (b) shall apply to plans terminated after by an Act of Congress enacted after the enact- December 31, 2005. ment of this Act. If the amount determined under this subpara- (B) SPECIAL RULE FOR PLANS TERMINATED IN (c) EFFECTIVE DATE.—This section and the graph is not a multiple of $1, such product shall BANKRUPTCY.—The amendment made by sub- amendments made by this section shall take ef- be rounded to the nearest multiple of $1.’’. section (b) shall not apply to a termination of a fect 60 days after the date of the enactment of (b) PREMIUM RATE FOR CERTAIN TERMINATED single-employer plan that is terminated during this Act. SINGLE-EMPLOYER PLANS.—Subsection (a) of the pendency of any bankruptcy reorganization f section 4006 of such Act (29 U.S.C. 1306) is proceeding under chapter 11 of title 11, United amended by adding at the end the following: States Code (or under any similar law of a State VACATING ORDERING OF YEAS ‘‘(7) PREMIUM RATE FOR CERTAIN TERMINATED or political subdivision of a State), if the pro- AND NAYS ON H.R. 4659, USA PA- SINGLE-EMPLOYER PLANS.— ceeding is pursuant to a bankruptcy filing oc- ‘‘(A) IN GENERAL.—If there is a termination of TRIOT ACT 5-WEEK EXTENSION curring before October 18, 2005. a single-employer plan under clause (ii) or (iii) Mr. SENSENBRENNER. Mr. Speak- of section 4041(c)(2)(B) or section 4042, there TITLE IX—LIHEAP PROVISIONS er, I ask unanimous consent that the shall be payable to the corporation, with respect SEC. 9001. FUNDING AVAILABILITY. ordering of the yeas and nays on H.R. to each applicable 12-month period, a premium (a) IN GENERAL.—In addition to amounts oth- 4659 be vacated to the end that the at a rate equal to $1,250 multiplied by the num- erwise made available, there are appropriated, ber of individuals who were participants in the out of any money in the Treasury not otherwise Chair put the question de novo. plan immediately before the termination date. appropriated, to the Secretary of Health and The SPEAKER pro tempore. Is there Such premium shall be in addition to any other Human Services for a 1-time only obligation and objection to the request of the gen- premium under this section. expenditure— tleman from Wisconsin?

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 630 CONGRESSIONAL RECORD—HOUSE February 1, 2006 There was no objection. H. RES. 664 There was no objection. The SPEAKER pro tempore. The Resolved, That the following named Mem- f question is on the motion offered by ber be, and that he hereby is, elected to the the gentleman from Wisconsin (Mr. following standing committee of the House DISPENSING WITH CALENDAR SENSENBRENNER) that the House sus- of Representatives: WEDNESDAY BUSINESS ON Committee on House Administration: Mr. WEDNESDAY NEXT pend the rules and pass the bill, H.R. Ehlers, Chairman. 4659. Resolved, That the following named Mem- Ms. PRYCE of Ohio. Mr. Speaker, I The question was taken; and (two- ber be, and that he hereby is, ranked as fol- ask unanimous consent that the busi- thirds having voted in favor thereof) lows on the following standing committee of ness in order under the Calendar the rules were suspended and the bill the House of Representatives: Wednesday rule be dispensed with on was passed. Committee on House Administration: Mr. Wednesday next. Ney, after Mr. Ehlers. A motion to reconsider was laid on The SPEAKER pro tempore. Is there the table. The SPEAKER pro tempore (Mr. objection to the request of the gentle- BOUSTANY). Is there objection to the re- f woman from Ohio? quest of the gentlewoman from Ohio? There was no objection. RESIGNATION AS CHAIRMAN AND There was no objection. f ELECTION AS CHAIRMAN OF The resolution was agreed to. COMMITTEE ON HOUSE ADMINIS- A motion to reconsider was laid on APPOINTMENT OF HONORABLE TRATION the table. MAC THORNBERRY AND HONOR- The SPEAKER pro tempore laid be- f ABLE TOM DAVIS TO ACT AS fore the House the following resigna- b 1715 SPEAKER PRO TEMPORE TO SIGN ENROLLED BILLS AND tion as chairman of the Committee on PROVIDING FOR AN House Administration: JOINT RESOLUTIONS THROUGH ADJOURNMENT OF THE HOUSE FEBRUARY 7, 2006 CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, COM- Ms. PRYCE of Ohio. Mr. Speaker, I The SPEAKER pro tempore laid be- MITTEE ON HOUSE ADMINISTRA- offer a privileged concurrent resolution fore the House the following commu- TION, (H. Con. Res. 332) and ask for its imme- nication: Washington, DC, January 17, 2006. diate consideration. HOUSE OF REPRESENTATIVES, Hon. J. DENNIS HASTERT, The Clerk read the concurrent reso- Washington, DC, February 1, 2006. Speaker of the House of Representatives, the lution, as follows: I hereby appoint the Honorable MAC Capitol, Washington, DC. H. CON. RES. 332 THORNBERRY and the Honorable TOM DAVIS DEAR MR. SPEAKER: It has been an honor to act as Speaker pro tempore to sign en- Resolved by the House of Representatives (the and a privilege to serve you and the House as rolled bills and joint resolutions through Senate concurring), That when the House ad- Chairman of the Committee on House Ad- February 7, 2006. journs on the legislative day of Wednesday, ministration for the past five years. I am J. DENNIS HASTERT February 1, 2006, on a motion offered pursu- grateful to you for the opportunity you gave Speaker of the House of Representatives. me to serve in this position, and am very ant to this concurrent resolution by its Ma- jority Leader or his designee, it stand ad- Without objection, the appointment proud of my record of service. is approved. Over the course of the past year, there journed until 2 p.m. on Tuesday, February 7, have been numerous reports questioning the 2006, or until the time of any reassembly pur- There was no objection. propriety of certain actions I have taken. I suant to section 2 of this concurrent resolu- f assure you that I have done absolutely noth- tion, whichever occurs first; and that when ing wrong, and I am convinced this truth the House adjourns on the legislative day of HONORING THE LIFE AND ACCOM- will ultimately be shown and the accusations Wednesday, February 8, 2006, or Thursday, PLISHMENTS OF MRS. CORETTA made against me will be proven groundless. February 9, 2006, on a motion offered pursu- SCOTT KING However, it has become clear to me that ant to this concurrent resolution by its Ma- the allegations surrounding me and ensuing jority Leader or his designee, it stand ad- The SPEAKER pro tempore. Pursu- investigations have become a distraction journed until 2 p.m. on Tuesday, February 14, ant to the order of the House of Tues- within the Committee and our Conference. 2006, or until the time of any reassembly pur- day, January 31, 2006, proceedings will Therefore to preserve the integrity of the suant to section 2 of this concurrent resolu- now resume on the resolution (H. Res. Committee on House Administration, I re- tion, whichever occurs first. 655) honoring the life and accomplish- SEC. 2. The Speaker or his designee, after gret to inform you that I have decided to ments of Mrs. Coretta Scott King and step down from the Chair at this time. My consultation with the Minority Leader, shall notify the Members of the House to reassem- her contributions as a leader in the love and respect for this institution and the struggle for civil rights, and expressing Committee is too great for me to allow this ble at such place and time as he may des- distraction to interfere with our ability to ignate if, in his opinion, the public interest condolences to the King family on her get our important work done. shall warrant it. passing. Our Conference has important issues to ad- The concurrent resolution was agreed The Clerk read the title of the resolu- dress for the American people in the upcom- to. tion. ing year. I will continue to support the A motion to reconsider was laid on The SPEAKER pro tempore. When ideals of this party and country and assist the table. proceedings were postponed on that you in any way I can as we move forward on 1 f day, 3 ⁄2 minutes of debate remained on our agenda. Once the allegations that have the resolution. The gentleman from been made against me have been shown to be CONDITIONAL ADJOURNMENT TO Wisconsin (Mr. SENSENBRENNER) had false, I look forward to resuming the Chair FRIDAY, FEBRUARY 3, 2006 for the rest of my appointed term and con- 31⁄2 minutes remaining, and the gen- tinuing the important work of the Com- Ms. PRYCE of Ohio. Mr. Speaker, I tleman from Michigan (Mr. CONYERS) mittee. ask unanimous consent that when the had no time remaining. Sincerely, House adjourns today, it adjourn to The Chair recognizes the gentleman BOB NEY. meet at 2 p.m. on Friday, February 3, from Wisconsin. The SPEAKER pro tempore. Without 2006, unless it sooner has received a Mr. SENSENBRENNER. Mr. Speak- objection, the resignation is accepted. message from the Senate transmitting er, I ask unanimous consent that the There was no objection. its concurrence in House Concurrent time for debate on the pending resolu- Ms. PRYCE of Ohio. Mr. Speaker, I Resolution 332, in which case the House tion be enlarged by 30 minutes, equally offer a resolution (H. Res. 664) and ask shall stand adjourned pursuant to that divided between myself and the gen- unanimous consent for its immediate concurrent resolution. tleman from Michigan (Mr. CONYERS). consideration. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there The Clerk read the resolution, as fol- objection to the request of the gentle- objection to the request of the gen- lows: woman from Ohio? tleman from Wisconsin?

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 631 There was no objection. Scott King, a civil rights icon. Raised leader in her own right. Somehow she The SPEAKER pro tempore. The gen- on a small farm in Alabama, Coretta knew when to speak out and when just tleman from Wisconsin will have 181⁄2 Scott found her way to Boston where to leave it to Martin Luther King. minutes, and the gentleman from she met Martin Luther King, Jr. The What I have found over the years is Michigan will have 15 minutes. two married and moved to Mont- that she has such a personality and Mr. SENSENBRENNER. Mr. Speak- gomery, Alabama, where Dr. King be- such a soothing voice; but, boy, I am er, I yield 4 minutes to the gentleman came the seminal figure of the civil telling you, if it dealt with a challenge from Ohio (Mr. REGULA). rights movement. Mrs. King joined her against what is right, against inequal- Mr. REGULA. Mr. Speaker, I thank husband’s pursuit of civil rights by ity and injustice, this very soft spoken, the gentleman for yielding me this serving as an equal partner in Dr. beautiful woman knew how a civil time. I want to rise to say that I served King’s tireless efforts to pursue justice, rights leader is supposed to take risk with Coretta Scott King on the Federal equality, and peace. and go to the mat. Holiday Commission. She was the chair Mrs. King recalled that after her hus- b 1730 and I was vice-chair at her request. She band’s tragic assassination she felt did a wonderful job of carrying on the compelled to rededicate herself to the When we lost Dr. King, how quickly message of Dr. King. She traveled wide- completion of his work. Indeed, Coretta she was able to pick up that torch and ly and was highly respected in her ef- Scott King became an ardent activist to give to this Nation the leadership forts to take the message across Amer- in the struggle against injustice, fight- that really turned us around from a ica and the world. ing to achieve Dr. King’s unfulfilled Nation that was struggling with racism The fact that 50 States now acknowl- dreams. and even today continues in that fight edge the Federal King holiday is in Two years ago, I joined a civil rights for equality for all Americans. part out of respect for her leadership pilgrimage to Alabama, and it was a re- Those of us that were able to march on the Federal Holiday Commission. markable experience. Led by Congress- with Dr. Martin Luther King cannot The Commission was designed to man JOHN LEWIS, a number of our col- think of a time when she was not there achieve that. In addition, many com- leagues visited many of the sites of the marching with him. Any pictures from munities across the country have cele- civil rights struggles, including the the past, Coretta Scott King was there. brations of the King holiday and the Kings’ Dexter Avenue church. We re- How often we work with these people life of Martin Luther King and bring to lived the experiences of those that led as though they are mere mortals, only college students, to high school, and the movement, saw the incredible to find out when they are gone how grade school students the story of how events of that time through their eyes, deep that vacuum has been made by he impacted our Nation’s future and their loss. For all of the groups that our society. This happened because of and it was an unforgettable experience. Those of us who were too young to Coretta Scott King has provided the her leadership as chairman of the Fed- remember well the civil rights move- leadership for, we hope since we cannot eral Holiday Commission. ment continue to ask ourselves what replace Coretta King, that all of us She truly was a remarkable woman. have in us some type, some quality of She deserves enormous credit for car- would we have done. Would we have the conviction and the courage that rying on the legacy of Dr. King and stood up? Would we have questioned Dr. King and his beautiful wife had. taking this message to America. I just those in power? Would we have de- And collectively, if all of us can say have to say that she did this with great manded equality and justice? Or would this is not a struggle for the King fam- humility, with great understanding, we, like so many Americans, have re- ily or a civil rights leader, but a strug- and great ability to persuade those mained indifferent? gle for this great country, I think we that she came in contact with, with The best answer we can find to that can move forward. groups and leaders across the Nation, question of what we would have done is of the importance of the King message. answered by asking what are we doing Mr. Speaker, I rise today to honor the life Her life is something that we should now to advance the cause of justice and and legacy of Mrs. Coretta Scott King and to all respect and cherish as part of the equality. In 1960s Alabama, the Kings add my support to H. Res. 655 honoring the American scene. I think she deserves battled overt bigotry. Today, we arm life of this extraordinary woman. As much as enormous credit for what she accom- ourselves against silent intolerance. we loved and respected Mrs. King, her family plished as chairman of the Holiday While we look to our past and con- has suffered an even greater loss. To the King Commission. She made happen what sider how far we have come, we must children—Yolanda, Martin III, Dexter, and Ber- the intent of Congress was in passing keep an eye towards the future, know- nice, know that you have our deepest heartfelt the holiday language, that the message ing that the movement is not over and sympathy. be taken to the States and to the peo- that each one of us must continue to Hailed as the ‘First Lady of the Civil Rights ple of the Nation. Many of these cele- dedicate ourselves to pursuing an Movement’, Coretta Scott King had to endure brations are as a result of her efforts. A America with equal opportunity for all. injustices at an early age. Born in Heiberger, truly great woman. A great individual. Mr. CONYERS. Mr. Speaker, I am Alabama and raised on the farm of her par- She has been recognized by many pleased now to yield 2 minutes to the ents Bernice McMurry Scott, and Obadiah groups and well deserved all of the ac- gentleman from New York (Mr. RAN- Scott, she was exposed at an early age to the colades that she has received. Her GEL), a dear friend of the honoree in injustices of life in a segregated society. She death is a great loss to our Nation; but this resolution, who had worked with walked five miles a day to attend the one- her life was a great strength for our Mrs. King for many years. room Crossroad School in Marion, Alabama, Nation, and we are all indebted to her Mr. RANGEL. Mr. Speaker, I thank while the White students rode buses to an all- for the leadership she provided. former chairman CONYERS for yielding White school closer by. Yet through it all, Mr. CONYERS. Mr. Speaker, I am me this time. It is really ironic that young Coretta excelled at her studies, particu- pleased to yield 2 minutes to the gen- you would be on the Judiciary Com- larly music, and was valedictorian of her grad- tleman from California (Mr. SCHIFF), a mittee during all of the years that it uating class at Lincoln High School. distinguished member of the Judiciary took to get the King holiday there; and She graduated in 1945 and received a Committee. also that, as a Member of Congress, scholarship to Antioch College in Yellow And I would like to thank the chair- you lived through the civil rights Springs, Ohio. As an undergraduate, she took man of the Judiciary Committee (Mr. movement with the people that we an active interest in the emerging civil rights SENSENBRENNER) for accommodating us have honored in the past and with Dr. movement; and joined the Antioch chapter of with the extra time that we have here Coretta King. the NAACP, as well as the college’s Race Re- this evening for the Coretta Scott King I think if we had to review where we lations and Civil Liberties Committees. resolution. are with Coretta King, it is that she Her life would be forever changed when she Mr. SCHIFF. Mr. Speaker, I rise wasn’t that woman behind a successful met a young theology student, Martin Luther today to honor the life of Mrs. Coretta man. She was truly a partner and a King, Jr. They were married on June 18, 1953,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 632 CONGRESSIONAL RECORD—HOUSE February 1, 2006 in a ceremony conducted by King’s father, the CONYERS to create a national holiday me, told me to stay the course and that would Rev. Martin Luther King, Sr. honoring Dr. King, but it took a grass- be what Martin would want. Coretta Scott King was very supportive to roots national movement and Mrs. Several years ago, I was invited to keynote her husband during the most turbulent days of King’s tireless advocacy to finally have the MLK March and Rally in Atlanta on Dr. the American civil rights movement. After his this legislation enacted into law. That King’s birthday. Again, Mrs. King encouraged assassination in Memphis, Tennessee, on is when I first met this brilliant, beau- me to remember Martin in his quest for peace April 4, 1968, she kept his dream alive while tiful woman. through non-violence as part of my work as a also raising their four children. In her own Mrs. King was a role model for many Member of Congress. I will deeply miss this words, she was ‘‘more determined than ever women, including myself. On several great woman. that her husband’s dream would become a re- occasions she reached out to me to As the head of the first family of the civil ality.’’ offer her counsel, support and love. I rights movement, Mrs. King always handled For more than a decade, she worked tire- will always remember her words of sup- everything with a distinct style and grace. As lessly to have her husband’s birthday ob- port and her comfort during some very a single-parent to their four children—Yolanda, served as a national holiday. Her determina- challenging times for me. She hugged Martin III, Dexter and Bernice, she raised and tion would payoff when it was first celebrated me, and would always tell me to stay educated her children while keeping Dr. King’s in 1986. the course, and she would say that is dream alive. What a woman. In 1969, she established the Martin Luther what Martin would want. Mrs. King stood tall when many would have King Jr. Center for Nonviolent Social Change Several years ago I was invited to been overwhelmed. Imagine how she coped in Atlanta, dedicated both to scholarship and keynote the Martin Luther march and with her husband being arrested, beaten and to activism. rally in Atlanta on Dr. King’s birthday. stabbed, her home being bombed, her phone With fierce determination and undying Again, she encouraged me to remember ringing with hate calls at all times of the day strength, Mrs. King worked to keep Dr. King’s Martin and his quest for peace through and night. Imagine how she felt isolated and ideology of equality for all people at the fore- nonviolence as part of my work as a hunted by the very ones who swore to protect front of people’s minds. She picked up the Member of Congress. I will deeply miss her family. baton when it was dropped by her husband’s this great woman. Mr. Speaker, I would like to read an excerpt assassination and continued to move forward Mrs. King stood tall when many from Mrs. King’s autobiography, My Life with in the civil rights arena. would have been overwhelmed. Imagine Martin Luther King, Jr., just to give you a In her own words, ‘‘We must make our how she coped when her husband was glimpse of how the King family persevered de- hearts instruments of peace and nonviolence, arrested, beaten and wiretapped. She spite being under constant attack—by seg- because when the heart is right, the mind and was an amazing woman, and we are regationists, by pro-war radicals, and even by the body will follow.’’ going to miss her. her own government. She wrote: She exemplified courage, strength, and a Mr. Speaker, my thoughts and pray- ‘‘. . . By 1965 we were sure that the FBI deep compassion for justice. Coretta Scott ers are with the King family this was tapping lines and was treating the Move- King will be remembered as one of America’s evening as we honor and as we cele- ment as if it were an alien enemy. We accept- greatest treasures and will be forever missed. brate the life of this great woman. Let ed that as part of the evil and injustice that Mr. CONYERS. Mr. Speaker, I yield 2 us ensure that the flame of nonviolence come with leadership which challenges the minutes to the gentlewoman from Cali- and peace burns in her memory. status quo. We knew we did not deserve that fornia (Ms. LEE), who has worked in Mr. Speaker, I thank Mr. CONYERS treatment from our government.... We be- the King venue even before she became for making sure that we have the op- lieved in our vows; we never became embit- a Member of Congress when she was a portunity to reflect on this great tered or disillusioned; we held on to our staffer and when she was a State sen- woman tonight. faith.... We were not intimidated; we just ator in California. Mr. Speaker, it is with a deep sense of sad- realized that it was too much to try to take on Ms. LEE. Mr. Speaker, I want to ness yet gratitude that I rise to pay tribute to an organization like that while maintaining our thank the gentleman for yielding me the late Coretta Scott King, and offer my sin- struggle for civil rights. How much farther we this time and for his leadership and say cerest condolences and prayers to her family still had to go!’’ Mrs. King endured warrantless to him what an honor it is to serve and friends. domestic spying. with him. Mr. CONYERS is truly an icon Today, we mourn the loss of an incredible In Northern California, many continue to and someone for us all to follow. woman—an American legacy. She joined her look to Coretta Scott King as a beacon of dig- It is with a deep sense of gratitude husband, the late Dr. Martin Luther King, Jr., nity in the face of adversity. We are a cultural and yet a deep sense of sadness that I on the frontlines of the civil rights movement and ethnic mosaic and continue to strive to re- rise tonight to pay tribute to the late and made it her life’s work to ensure that the alize the goals of the Kings’ dream—peace, Coretta Scott King and offer my sin- civil rights and non-violent struggle for justice equality, and freedom. cerest condolences and prayers to her and peace continued. Today as we pay tribute to Mrs. King’s leg- family and friends. You see Mrs. King’s marathon for justice acy, we must never forget her sacrifices and Today we mourn the loss of an in- and peace transcended race, gender and na- contributions to protect the liberties and rights credible woman, an American legacy. tional boundaries. Mrs. King was an example that so many of us take for granted. And we She joined her husband, the late Dr. to us all; I remember her leadership in fighting need to recommit ourselves to the goals and Martin Luther King, Jr., on the front to end apartheid in South Africa, and her de- ideals that she envisioned and embodied. lines of the civil rights movement and termination to connect the dots of how social Wars and rumors of wars permeate our ex- made it her life’s work to ensure that injustice affects us all. istence. Many of our young people see vio- civil rights, a nonviolent struggle for As a congressional staffer to my prede- lence as an option to solve their problems. justice, continued. You see, Mrs. King’s cessor Congressman Ronald V. Dellums, I re- Mrs. King’s life was about non-violence, and marathon for justice and yes, for peace, member well the 15-year legislative battle led those who mourn her loss should embrace her transcended race, gender and national by Congressman CONYERS to create a na- ideals of peace and non-violence. It is in times boundaries. tional holiday honoring Dr. King. It took a like these that we must recall the legacy of Mrs. King was really an example for grassroots, national movement, and Mrs. Mrs. King embodied in places like Oakland’s us all of us. I remember her leadership King’s tireless advocacy to finally have this Martin Luther King, Jr. Freedom Center which in fighting to end apartheid in South legislation signed into law. That is when I first brings together our community to develop Africa and her determination to con- met this brilliant, beautiful woman. peaceful, nonviolent solutions to the chal- nect all of the dots of how social injus- Mrs. King was a role model for many lenges we all continue to face. tices affect us all. women, including myself. On several occa- My thoughts and prayers are with the King As a congressional staffer to my sions, she reached out to me to offer her family this evening as we honor and celebrate predecessor Congressman Dellums, I re- counsel, support and love. I’ll always remem- the life of this great woman. Let us ensure that member the 15-year legislative battle, ber her words support and comfort during the flame of nonviolence and peace burns in led by the great Congressman Mr. JOHN some challenging times for me. She hugged her memory.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 633 Mr. CONYERS. Mr. Speaker, I yield 2 Mr. SCOTT of Georgia. Mr. Speaker, American woman, Coretta Scott King. minutes to the gentlewoman from Cali- I thank the gentleman for allowing me In all of the years I have had the privi- fornia (Mrs. CAPPS), who has worked the opportunity not only to serve with lege of getting to understand and ap- tirelessly in the field of health care him on the Voting Rights Act reaffir- preciate the tremendous contributions since she came to Congress. mation, but also for being able to be that our African American community Mrs. CAPPS. Mr. Speaker, I thank part of this extraordinary effort this has made to the greatness of our Na- my colleague from Michigan for his evening on behalf of Mrs. King. tion, I think we cannot deny the fact leadership and for yielding me this I am a proud Member of Atlanta, that Martin Luther King, Jr., and all of time to speak. Georgia, a product of the civil rights the accomplishments and all of the The opportunity to speak in memory movement, a product of the political things that he has done, and in my of Coretta Scott King and the impor- movement, which says it all when you humble opinion when times are really tance today to acknowledge not only step up here and mention the name of bad and depressing and all the things what she did for racial justice in this Coretta Scott King. the great leader has done, I can actu- country and the rest of the world, but I am very pleased to be able to stand ally say that Coretta Scott King was what she contributed to women’s here in the United States Congress and the healer, the soother, the one that rights, to children’s rights, gay and les- say that I am here because Coretta gave Martin Luther King, Jr., all the bian rights, religious freedom, the Scott King touched my life. In 1974, moral support that he needed in the af- needs of the homeless and poor, full just out of college, the opportunity flictions he had to face in bringing employment, health care, educational came for me to step into the political down so many evils and the problems opportunities, and the continued unre- arena in a bid for the State House of affecting the civil rights of our fellow lenting emphasis on nonviolence. Representatives, and at the time to be Americans who just happened to be of She was a mentor for me and so one of the youngest, but not the young- African descent. many of us. She did not take the easy est, to be elected to that body. It was I once read somewhere that it was path, she took the right path. The re- Coretta Scott King that invited me Leo Tolstoy and Mahatma Gandhi who cent confirmation of two new Supreme into Ebenezer to be her Youth Day advocated the principle of nonviolence, Court justices reminds us of the impor- speaker. Can you imagine what it and it was from those writings that tance of expanding our civil rights, not meant to me to stand in that pulpit Martin Luther King, Jr., took the mat- limiting them. We can do this in mem- where Dr. King was? She gave me ad- ter in the same way that Mahatma ory and honor of both Martin and vice that sticks with me today. She Gandhi did in India. How important it Coretta, and it is their lives being dedi- gave me advice from a scripture that is that we conquer obstacles by usage cated to the highest values of human was so meaningful to me, that gave me of nonviolence and use pure love. I dignity and pushing for social change the courage to step out and run for of- really, really appreciate the fact that that stand as a pinnacle for what we fice, and that scripture was in the we have this resolution to honor Mrs. want to continue to achieve. Book of Ephesians and Paul’s letter King, and I urge my colleagues to pass I have fond memory of hearing with where he said put on the whole arm of this resolution. I also would like to ex- my husband when we were studying at God so you will be able to stand in the press my severe sympathies and condo- Yale University early in the 1960s, evil day and having done all to stand. lences to the members of the King fam- hearing this young promising preacher That is what Coretta Scott King did ily. from the South come and preach in for me, to give me the encouragement. Mr. CONYERS. Mr. Speaker, I yield 2 Battelle Chapel. I was touched that She was more than just Dr. Martin minutes to the gentleman from Illinois day, and have been ever since. Luther King’s wife, she was a leader in (Mr. DAVIS), a dear friend who was in Here we have also had the her own right. And in many measures the civil rights movement. mentorship of our dear colleague, Mr. perhaps when her legacy is truly writ- Mr. DAVIS of Illinois. Mr. Speaker, I JOHN LEWIS, and in taking so many of ten and truly examined, you will clear- want to thank the gentleman from us, me included, down to Birmingham, ly see that God called her as he has Michigan for yielding. I could not let Selma and Montgomery, I will always called so many in our history of Amer- the moment go by without at least a remember walking across the Edmund ica and the world to come at the right comment. Pettus Bridge, and of course 2 weeks time and the right place, as she estab- During the mid-1960s, the King fam- later, Dr. Martin Luther King led 25,000 lished his foundation over the last ily moved into the neighborhood where men, women and children on that un- quarter of a century and the national I lived and worked. That is in the forgettable march from Selma to holiday. That was her legacy that gives North Lawndale community on the Montgomery. Within 3 years he was as- us every year a chance to reflect on Dr. west side of the City of Chicago in the sassinated, and how that must have af- King and the establishment of the King 1500 block of South Hamlin. They fected his young widow. She had the re- Center. brought with them an aura of excite- sponsibility to raise those young chil- God bless Coretta Scott King, and ment. dren and be concerned with his legacy, God, we thank You for sending Coretta I was a young schoolteacher who but she became a champion in her own Scott King our way. taught not very far from the location, right. Mr. CONYERS. Mr. Speaker, I yield 2 and my friend and I would leave school I know that we now can fully appre- minutes to the gentleman from Amer- in the afternoon and come by the King ciate what she has accomplished and ican Samoa (Mr. FALEOMAVAEGA), who house. It was really an apartment. are dedicated to continuing. In her has worked with us on civil rights Sometimes Dr. King would come out words, I want to close with these three issues both in this country and in other and just kind of talk with us for a mo- phrases that she said, ‘‘Be a drum places in the world. ment or two. They often ate at a res- major for justice. Be a drum major for Mr. FALEOMAVAEGA. Mr. Speaker, taurant, Edna’s Restaurant, and Mr. love. Be a drum major for peace.’’ I want to extend my appreciation and CONYERS may know it. They would Thank you, Coretta Scott King, for commendation to the distinguish gen- bring to the restaurant a whole horde your life. tleman who is the chairman of the Ju- of people. Everybody would come and Mr. CONYERS. Mr. Speaker, I am diciary Committee, Mr. SENSEN- watch. pleased to yield 2 minutes to the gen- BRENNER, and my friend, Mr. CONYERS, tleman from Georgia (Mr. SCOTT), who the ranking member, for bringing this b 1745 has shown his interest in the ideals of important resolution to our colleagues And so on behalf of all of the people Dr. King by joining the Committee on for our consideration. who lived in that community, I simply the Judiciary in connection with the I have mentioned you cannot men- express condolences to the King family, Voter Rights Act extension which is tion the name Martin Luther King, Jr., but also express the great feeling of joy currently under debate. without echoing the name of this great and inspiration that they brought to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 634 CONGRESSIONAL RECORD—HOUSE February 1, 2006 our community when they lived on the an incredible force in the movement them to understand that it was their west side of Chicago during the mid- for equality, for justice in her own neighborhood and their brotherhood 1960s as they came north with the right. And she was the strong spirit that was needed to cause these to be northern crusade. and character that certainly laid the good neighborhoods. Mr. CONYERS. Mr. Speaker, I yield 2 foundation for many of us who are Dr. King reminded us that life is an minutes to the gentleman from North present in this body tonight who serve inescapable network of mutuality tied Carolina (Mr. BUTTERFIELD) to close in this Congress and in other elected to a single garment of destiny, that our discussion this evening. offices throughout our Nation. whatever impacts one directly impacts The SPEAKER pro tempore (Mr. Mrs. King, as was indicated earlier, all indirectly. But it was Mrs. King BOUSTANY). The gentleman has 1 was born Coretta Scott on a farm in who went to Mrs. Mandela and who vis- minute remaining. Heiberger, Perry County, Alabama to ited with her as her husband was on the Mr. SENSENBRENNER. Mr. Speak- Obadiah and Bernice McNurry Scott. eve of leaving prison because she un- er, I yield the gentleman from North She graduated from the Lincoln Nor- derstood that Nelson Mandela’s suf- Carolina an additional minute. mal School in Marion, Alabama, at the fering was indirectly impacting the Mr. BUTTERFIELD. Thank you, Mr. top of her class before going to Antioch suffering of all people in the world. Chairman, for yielding the additional College in Yellow Springs, Ohio. After So I am honored today to honor the minute. I am not sure I am going to be graduating from college, she moved to first lady of the civil rights movement, using all of that time, but thank you so Boston, Massachusetts, where she was who has been said to have been a per- much for your kindness. classically trained as a promising son with a gentle spirit, but with a To the ranking member of the com- opera singer. will, a will of steel. And while she was mittee, my friend from Michigan, Con- The story is well known about her the first lady, I think many of us will gressman JOHN CONYERS, thank you so meeting Dr. Martin Luther King, an- always see her as our queen. Thank very much for your leadership as well. other student in Boston, and their you, Queen Mother King. Mr. Speaker, I come to the floor this unity that was ordained before the Mr. SENSENBRENNER. Mr. Speak- evening to recognize the life and work Lord. Mrs. King was a steadfast partner er, I yield myself the balance of the of Mrs. Coretta Scott King. The great- of Dr. King, and she shared in his sac- time. est contribution of this great American rifice and also his hardships. It was not Mr. Speaker, during the last 2 days, was her willingness to cheerfully share an easy life that they led. It was a very the eulogies that have been given on her husband with the world. On the day difficult life that they led. They raised behalf of Mrs. King hit the nail on the of her husband’s assassination, April 4, four children. Mrs. King raised four head. This was a woman who became a 1968 Dr. King was due in my home com- children. It was very difficult for her to widow when her husband was tragically munity to lead a voter registration keep her family safe and united in the assassinated and had very young chil- drive. But 2 days before the drive was face of what would ordinarily be over- dren, and she could have withdrawn scheduled to commence, he was di- whelming anger, extreme violence, and from society and spent all of her time verted to Memphis, Tennessee; and deep-seated resentment. But for Mrs. and all of her efforts raising those kids that is where his life was ended. I went King, her majestic poise and grace to become grown men and grown to his funeral in Atlanta, Georgia. In made her efforts seem to the rest of us women. fact, the ranking member and I stayed almost seamless. And after the death of She did more than that. She knew in the same hotel there in Atlanta in her husband, she continued on with his that it was her destiny to carry on her 1968, and we have many memories of legacy of seeking justice, equality, and assassinated husband’s legacy, and that week. liberty for all citizens. that is why we have heard such elo- But I want to thank Dr. King and Leading marches, participating in quent speeches on both sides of the Mrs. King for the contributions that protests and organizing civil rights aisle on behalf of this resolution which they have made to America. Dr. King groups, Mrs. King continued to strug- I was honored to introduce. would have been very proud of my gle against racial injustice, economic May God have mercy on the soul of home community. My congressional inequality, military adventurism, hate Coretta Scott King, and may she join district in eastern North Carolina now crimes, and violence. the angels and saints in paradise. has 302 African American elected offi- Mr. Speaker, this Nation owes Mr. Speaker, I urge the adoption of cials, and the voter registration drive Coretta Scott King an incredible debt. this resolution. that Dr. King was scheduled to lead We owe the King family an incredible Mr. PORTER. Mr. Speaker, on January 31, was designed to improve and increase debt for the sacrifices that they made. 2006, a woman of grace and dignity passed the number of black elected officials. Mr. SENSENBRENNER. Mr. Speak- from this life to the next. Today, with the pas- And so, on behalf of the First Congres- er, I yield 3 minutes to the gentleman sage of House Resolution 655, we honor the sional District of North Carolina, on from Texas (Mr. AL GREEN). life and legacy of Mrs. Coretta Scott King and behalf of the 660,000 people that I have Mr. AL GREEN of Texas. Thank you, her contributions as a leader in the Civil the honor to represent, I extend my Mr. Chairman; and thank you, Mr. Rights struggle. condolences to the King family. May Ranking Member, for this opportunity. There are few whose life and example God bless the memory of Coretta Scott Mr. Speaker, I consider it a singular transform a nation. Dr. Martin Luther King was King. privilege and a superlative pleasure to one of those few whose exemplary life gave Mr. SENSENBRENNER. Mr. Speak- speak today in honor of Mrs. King. the promise of hope and equality to every race er, I yield 3 minutes to the gentleman Mr. Speaker, Dr. King expressed and color of people. But the struggles he en- from Illinois (Mr. RUSH). some of the great ideals of our time, dured as a national leader were not suffered Mr. RUSH. Mr. Speaker, I want to ideals like injustice anywhere is a alone. By his side stood a woman of thank the chairman of the committee threat to justice everywhere. But it gentleness and grace who joined triumphantly for yielding his time to me, and I cer- was Mrs. King who went to South Afri- in his victories and suffered greatly in his pain. tainly want to thank the ranking ca and, in a sense, made real that ideal Mrs. King embraced the principles and member of this committee for all of his by reminding the South Africans that themes of nonviolence that her husband efforts on behalf of human rights and apartheid was unacceptable, and caus- fought to bring to the forefront of the American justice throughout not only this Na- ing many of us to understand that in- psyche. After Dr. King’s death in 1968, it was tion but throughout the world. He has justice in South Africa was a threat to Mrs. King who kept his work and legacy alive. been an inspiration to us all. justice in America. Through her, Americans were challenged to Mr. Speaker, we lost an inspiration. Dr. King expressed the ideal that we remember the sacrifices that her husband We lost an icon. Mrs. Coretta Scott should transform neighborhoods into made for nonviolence, peace and equality. King was more than just the wife of Dr. brotherhoods; but it was Mrs. King who As a nation, we must embrace the chal- Martin Luther King. She was, indeed, met with gang members and caused lenges that Dr. King and Mrs. King laid before

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 635 us. At the advent of African American history In doing so, she led the effort to memori- The couple relocated to Montgomery, Ala- month, we must remember the struggles for alize Dr. King, and was the greatest advocate bama and Dr. King began work in the ministry freedom that slaves and abolitionists jointly for a national holiday in his honor, which came and the Civil Rights Movement. After this relo- fought for to achieve emancipation and we to fruition on January 20th in 1986, and has cation, there lives became almost immediately must remember the struggles for equality that been celebrated on the third Monday in Janu- tumultuous. In fact, the first boycott occurred 2 the many African Americans and civil rights ary every year since then. weeks after their first child was born in 1955, leaders sought to escape during the Jim Crow She later founded the Martin Luther King, and in 1956 their house was bombed. But this era. Jr. Center for Non-Violent Social Change in was no ordinary couple—the Kings went on to Even as we work to advance freedom and Atlanta, an institution dedicated to scholar- build a family of four children—all while help- democracy to the Iraqi people and the many ships and activism, with the purpose of con- ing to build the civil rights platform for a na- oppressed men and women in the Middle East tinuing on his work and providing a research tion. and throughout the world, we must not forget center for scholars studying the civil rights era. People talk about Dr. King’s dream, but he our own dark history of oppression and how it To the end, Mrs. King remained to be a wasn’t the only one who had the dream. She has shaped our united push for freedom. The most loved woman by all. Often compared to bought into his dream, and he bought into realities of our past are a scar to our Nation, Jacqueline Kennedy Onassis as a woman who hers, too. Mrs. King admits ‘‘when I say I was but a reminder of what we can overcome as overcame tragedy, held her family together married to the cause, I was married to my a Nation united in a common cause. We must and then became an inspirational presence husband whom I loved, I learned to love, it continue to work for freedom and opportunity around the world. Her admirers always said wasn’t love at first sight—but I also became for every American of every race, color, gen- that Mrs. King took on a particularly difficult married to the cause. It was my cause, and der and ethnicity. We must do so for the pos- task, that of carrying on her husband’s work that’s the way I felt about it. So when my hus- terity of our Nation and for the American peo- and teachings—with a sense of spirit and pur- band was no longer there. . . ., I prayed that ple. pose that made her more than just a symbolic God would give me the direction for my life. Mr. Speaker, I thank you and my colleagues figure, but a true leader. . . .’’ Mr. Speaker, it is clear that God an- for passing this resolution in honoring the life Indeed, her death is a heartfelt loss, not swered her prayers. and legacy of a virtuous woman whose pearls only for African Americans, but for our Nation. They were partners in the freedom move- of wisdom and dedication to truth, equality, I wholeheartedly believe that the people of our ment and it is my belief that they shared the and nonviolence are an example for us now Nation need to work to uphold the legacy of same spirit. She ran the race with him, holding and for generations to come. these two brave women and the civil rights the baton with him, and when he had to let go, Ms. CORRINE BROWN of Florida. Mr. movement, which, although it has come a long she kept running and was able to cultivate the Speaker, the great Coretta Scott King, per- way, has taken recent strides in the wrong di- dream they shared. haps best known as being the wife of the Rev- rection under a more than callous Republican This notion was evident in the way she erend Martin Luther King, was, like her hus- leadership. Mrs. King was a most inspirational transformed her grief into an aspiration to band, a pioneer in the civil rights field in her woman, whose unwavering spirit stepped in to eradicate social injustice and achieve equality own right. Rising from the dust of rural poverty of a continue the struggle for the ideals of the for all. When Dr. King was assassinated prior small town in Alabama, she will be remem- great Reverend Dr. Martin Luther King. to a planned march, four days after his death, bered as being an outstanding advocate of ra- All of my heart and prayers go out to the she traveled to Memphis and led a march of cial peace and nonviolent social change. Ms. King family. 50,000 people. Mr. CUMMINGS. Mr. Speaker, I rise today King was a strong woman, one of the few She worked diligently and tirelessly—trav- women leaders in a civil rights movement to pay tribute to Mrs. Coretta Scott King, a eling worldwide, giving speeches, organizing which, at the time, consisted almost exclu- true sheroe, who departed this earth on Janu- marches and sit-ins, receiving awards on her sively of men. Mrs. King was one of the first ary 30, 2006, due to stroke complications. Al- late husband’s behalf, leading peace delega- who broke the mold. A mother of four, which though usually referred to as the widower of tions, and developing and performing in Free- in and of itself is more than a full day’s work, the incomparable Rev. Dr. Martin Luther King, dom Concerts, where she incorporated her ar- she also was a woman who took on a high Jr., the work she did after his death secured tistic gifts in song and poetry to narrate stories profile position in the civil rights movement in her place as one of the greatest leaders, of the Civil Rights Movement. a most difficult time of conflict in our country. voices, and phenomenal women in American In 1969, she founded the Martin Luther Soon after the death of the late Martin Lu- history. King, Jr. Center for Non-Violent Social Change ther King, she quickly developed her own Mr. Speaker, Mrs. King was born on April in Atlanta as a memoriam to her husband. voice and even her own causes. Although 27, 1927 in Marion, Alabama to Obadiah and She served as the founder, president, and there was some overlap with her husband’s Bernice Scott. Her parents farmed on land CEO for 27 years. The organization provides battles, she broadened the civil rights agenda they had owned since the Civil War. At an an extraordinary history of the Civil Rights quite a bit, focusing on the inclusion of women early age, she witnessed the racial inequities movement while offering interpretations of Dr. in our society here at home, speaking out that occurred in the Deep South; however, she King’s philosophies to over 1 million visitors against the war in Vietnam, and promoting recalled, ‘‘my mother always told me that I each year. peace internationally. was going to go to college, even if she didn’t In 1986, through her endless efforts, the She quickly moved on to stand in for her have but one dress to put on’’. Federal Government established a national late husband at the Poor People’s Campaign Through her mother’s teachings coupled holiday on her husband’s birthday to com- at the Lincoln Memorial on June 19, 1968, just with her deeply spiritual roots in the Christian memorate his achievements. Mrs. King also two months after his assassination. At the Me- Baptist faith, Coretta persevered and grad- authored 3 books, earned 60 honorary de- morial, she spoke not just about the Rev- uated as the valedictorian of Lincoln High grees, and also served in dozens of organiza- erend’s vision, but also about her own, a vi- School in 1945. Blessed with both vocal and tions. She was an untiring nonviolent warrior sion about gender as well as race, wherein musical instrument gifts, she pursued and re- whose work created a lasting effect—of raising she called upon American women to ‘‘unite ceived her B.A. on a scholarship in music and the level of civil rights consciousness and civil- and form a solid block of women power to education from Antioch College in 1951. In ity around the globe. fight the three great evils of racism, poverty, 1953, she furthered her education and earned I remember asking her after a lecture she and war.’’ She then joined the board of direc- a graduate degree in voice and music edu- delivered in Baltimore what one lesson would tors of the National Organization for Women, cation from the New England Conservatory of she like for us to extrapolate from her life. as well as the Southern Christian Leadership Music in Boston. She replied ‘‘the thing to always remember Conference and became widely identified with While attending school, she met a young is that the baton is handed from one genera- a broad array of international human rights Martin Luther King, Jr., who was pursuing his tion to another. You’ve just got to make sure, issues, rather than being focused primarily on doctorate in theology at Boston University. Al- first of all, to grab it and then don’t drop it.’’ race here in the United States. This broad- though hesitant about the courtship in the be- What we must do now is make sure her ef- ened view, she went on to say, was her way ginning, through prayer and confirmation from forts, spirit and commitment live on in us. of carrying on the legacy of her husband, the God, Mrs. King married Dr. King on June 18, Mrs. King was an icon and a paragon of ex- great Reverend Martin Luther King. 1953. cellence. It was no coincidence that she died

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 636 CONGRESSIONAL RECORD—HOUSE February 1, 2006 in her sleep—for she exited this world in the Conservatory of Music in Boston. It was in Mrs. King made it her mission to spread the way that she physically dreamed it—with ever- Boston that she met Martin Luther King, Jr., a message of peace. She was not just an Amer- lasting peace and love for all of humanity. fellow student. They were married 2 years ican, but a citizen of the world. As human God Bless Coretta Scott King. My deepest later. Their first child, Yolanda, was born in beings, we are blessed to have known her condolences to her family. 1955, only 2 weeks before the Montgomery compassion and dedication. Ms. MATSUI. Mr. Speaker, Coretta Scott bus boycott. Three more children soon fol- It has been said that the ultimate measure King dedicated her life to racial and economic lowed: Martin Luther III, Dexter, and Bernice. of a person’s life is the extent to which they justice as a leader in the civil rights movement During the campaign for civil rights, Coretta made the world a better place. Coretta Scott working in partnership with her late husband, Scott King did more than support her hus- King’s work has forever shaped the way we the great civil rights leader Dr. Martin Luther band, she worked as his peer; giving speech- treat each other as human beings. Her pass- King, Jr. And after his assassination, she con- es in her husband’s stead and traveling to Ge- ing marks the end of an era. It is up to all of tinued her tireless efforts fighting for equal jus- neva on behalf of Women’s Strike for Peace us to honor her dedication and continue the tice for children, the poor and the forgotten as a delegate at the Disarmament Conference struggle for equality. among us. in Geneva in 1962. Mrs. King maintained her Mr. ENGEL. Mr. Speaker, as we celebrate She was a passionate advocate for equality passion for music throughout this turbulent pe- Black History month, it saddens me that our here in the United States and around the riod, often giving concerts on behalf of civil nation has lost one our foremost civil rights world. Her efforts ensured a fledgling civil rights. In May 1968, only months after her activists—Coretta Scott King. rights organization—the Southern Christian husband’s assassination, Coretta Scott King Though best known as the wife of the great Leadership Conference—had the funds to took up his place in the Poor People’s March Martin Luther King, Jr., Coretta had a distin- continue its critical work and her actions made to Washington. That year, Mrs. King founded guished career herself. She was an activist certain apartheid did not fade from the world’s the Martin Luther King, Jr. Center for Non- not only for racial equality but for economic conscience. violent Social Change, the first institution built justice, women’s and children’s rights, gay and Mrs. King once eloquently said, ‘‘Women, if in memory of an African American leader. lesbian dignity, religious freedom, the needs of the soul of the nation is to be saved, I believe Mrs. King was also instrumental in the es- the poor and homeless, health care, edu- that you must become its soul.’’ And her ac- tablishment of the Martin Luther King, Jr. Na- cational opportunities, nuclear disarmament complishments—the civil rights legacy she tional Holiday. After personally leading an and ecological sanity. She was also a power- created in her own right—demonstrate how enormous education campaign and seeking an ful voice in bringing an end to the scourge of she became our nation’s soul. Act of Congress, Mrs. King oversaw the first apartheid in South Africa. During the civil rights movement, she was at As a nation we mourn the loss of one of our national observance of the holiday to honor the forefront of the movement alongside her civil rights pioneers, Coretta Scott King. To- her husband in 1986. In 1974, she formed the husband. Coretta was a music student and gether we must continue her life’s work of Full Employment Action Council, a coalition of she brought her talent to the civil rights move- equality and justice. My thoughts and prayers over 100 organizations dedicated to full em- ment by performing in ‘‘Freedom Concerts,’’ go out to her family and friends at this time of ployment and equal economic opportunity. In singing and reading poetry to raise money for loss. 1983 Mrs. King gathered over 800 human the cause. Planning marches and sit-ins, she Mr. HASTINGS of Florida. Mr. Speaker, I rights organizations on the 20th Anniversary of never relented even after her family members rise today in support of this resolution hon- the historic March on Washington in the Coali- were targets of beatings and stabbings. She oring the memory of Coretta Scott King who tion of Conscience. While protesting apartheid never relented, even after the jailing of her passed away yesterday morning. In a lifetime in 1985, Mrs. King and three of her children husband. She never relented, even after their of effort and tireless struggle, Mrs. King cham- were arrested outside the South African em- family home was bombed. pioned the principles of peace, integrity, and bassy in Washington, DC. Nearly a decade Long after Martin’s assassination, Coretta human dignity. Alongside her husband, the later, she stood in Johannesburg as Nelson continued her work and concentrated her en- Reverend Martin Luther King, Jr., Mrs. King Mandela was inaugurated as the new Presi- ergies on fulfilling her husband’s work by strove for civil rights, endured bombings on dent of South Africa. building The Martin Luther King, Jr. Center for her home, and dreamed of a better life for her Throughout her life, Coretta Scott King re- Nonviolent Social Change as a living memorial children. Because of her and so many others, mained a devoted promoter of positive social to her husband’s life and dream. my children and grandchildren are growing up change. Despite grief and constant sacrifice, I had the pleasure of meeting her. For me, in a world of greater opportunity. she continued to lend her voice to issues of meeting her was meeting an icon. The civil After her husband was taken away trag- social justice, human equality, and democratic rights movement began when I was about 8 or ically, Mrs. King, still shouldering the immense progress. Mrs. King advocated for a more 9. Years later, to meet her in person was awe emotional burden of her loss, did not choose open-minded global community. inspiring. It was, frankly, astonishing. Coretta to withdraw from the world. She chose instead The world is better because of Coretta Scott Scott King was not a witness to history, she to continue forward with the work they had King. She affected countless lives and her was an active participant and a leader in mak- started and the legacy they had built. Only 4 voice will be deeply missed, especially by ing history. Speaking to her one on one was days after the death of King, Mrs. King led a those who carry on her incredible undertaking. a humbling experience and one that I will march of 50,000 people through the streets of Ms. EDDIE BERNICE JOHNSON of Texas. never forget. Memphis. For her determination and courage, Mr. Speaker, I rise today to remember the life Coretta Scott King will be sorely missed by we are forever grateful. and accomplishments an extraordinary people not only in the United States but those Coretta Scott was born in Heiberger, near woman—my friend—Mrs. Coretta Scott King. throughout the world who looked to her as a Marion, Alabama, on April 27, 1927. Growing I was surprised and deeply saddened to strong woman and a leader in the non-violent up on her parents’ farm, Coretta walked 5 learn of Mrs. King’s passing yesterday morn- resistance movement. miles every day to her one-room school in ing. Mrs. King and I were friends and con- Mr. WALSH. Mr. Speaker, I rise today to order to receive an education. As a young fidants for many years. She was an incredible honor the life of the courageous Coretta Scott woman, she learned the lessons of struggle woman—graceful and dignified—who showed King. and perseverance from her determined moth- strength in the face of indignation and tragedy. Mrs. King first came to the public eye as the er. These lessons helped her excel and grad- Coretta Scott King was a committed activist wife of the great civil rights leader Martin Lu- uate as the valedictorian from Lincoln High in the civil rights movement even before she ther King, Jr. Aside from being Mr. King’s wife, School. Mrs. King then went on to enroll at met Dr. King. After they married, she was with Coretta Scott King became an international Antioch College where her sister Edythe had him every step of the way—supporting him symbol for the civil rights movement and a been the first full-time black student to live on and promoting the philosophy of nonviolence. prominent advocate of the women’s rights campus. Following Dr. King’s assassination, she contin- movement. As a civil rights leader, Mrs. King’s Mrs. King majored in education and music, ued his legacy promoting social and economic vision of racial peace and nonviolent social pursuing the love she had inherited from her justice for all. Mrs. King was determined to change was a fortifying staple in advancing mother. By her graduation in 1951, Mrs. King make his dream a reality. She did all this while the civil rights movement. decided to become a professional singer and remaining committed to her family and raising Following her husband’s untimely death, accepted a scholarship to the New England her children. Mrs. King fought strongly to continue battling

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 637 the struggle against social injustice. Mrs. King The tragic passing of Coretta Scott King, a Ms. CARSON. Mr. Speaker, as I rise today went on to found the Martin Luther King, Jr. formidable human rights and civil liberties ac- to speak on the life of Coretta Scott King I Center for Non-Violent Social Change in At- tivist, and the concurrent confirmation of Jus- can’t help but be reminded of the Gospel ac- lanta, GA, and led a valiant effort for a na- tice Alito, may foreshadow difficult times cording to St. Matthew, ‘‘And while they went tional holiday in honor of her late husband. ahead for American freedoms. Much of what to buy, the bridegroom came; and they that Both actions are a strong indicator of Mrs. Coretta Scott King fought for is now threat- were ready went in with him to the marriage: King’s dedication to scholarship and activism. ened by Justice Alito’s confirmation to the U.S. and the door was shut. Afterward came also Through her continued efforts, Mrs. King Supreme Court. His dubious record on voter’s the other virgins, saying Lord, Lord open to came to be seen as an inspirational figure. rights, discrimination issues, civil rights, civil us. But he answered and said, Verily I say Her enormous spirit and strong moral values liberties, reproductive freedom, the right to pri- unto you, I know you not.’’ The life of Coretta came to personify not only the ideals Dr. King vacy and environmental protections, among Scott King was one that was spent prepared fought for, but also personified a movement others, fly in the face of the life and work of to serve her Lord and fellow man and she has that transformed our Nation. Coretta Scott King. The passing of Coretta now joined her bridegroom. I would like to extend my thanks to Mrs. Scott King and the confirmation of Justice Alito The words and deeds of Coretta Scott King King for all the wonderful contributions she should be a wake-up call to America. have made an indelible imprint not only on the made throughout her life. I also would like to Dr. and Mrs. King will forever hold an es- lives of Americans but of all people across the extend my prayers and condolences to her teemed place in my heart and the hearts of all world. From her work with Nelson Mandela family, who will undoubtedly continue to fight Americans. As an African-American woman, and in the struggle for civil rights to her work for what Mrs. King stood for. and a Member of Congress, I shall endeavor on behalf of the gay and lesbian community It is an honor to stand and praise all the in my own way to continue their fight for she was always willing to stand with those hard work this beloved figure has done to bet- equality and justice every day. who were defending their right to live a life of ter our Nation. Mr. DAVIS of Illinois. Mr. Speaker, I rise freedom. She served as a true moral compass Ms. JACKSON-LEE of Texas. Mr. Speaker, today to honor the life and legacy of Mrs. for all people. We need more people to live the passing Monday night of Coretta Scott Coretta Scott King. She was the widow of Dr. like Kings. King, filled me with sadness, an emptiness, Martin Luther King, Jr. and an important figure She was a phenomenal person who was and a determination to see her work through in the civil rights movement in her own right. kind to all she met and worked tirelessly on to the end. She was a courageous, heroic, She passed away Monday night in California. behalf of those she had not. I want to express and beautiful individual who sacrificed her life Coretta Scott King was born in Marion, AL, my deepest condolences to the King family on so Americans might relish in the gift of equal on April 27, 1927. She attended Antioch Col- behalf of the people of the 7th Congressional justice. Coretta Scott King and her late hus- lege in Ohio and earned a B.A. in music and District. Our thoughts and prayers are with band, Dr. Martin Luther King, Jr., were Ameri- education. During her postgraduate studies at you. cans of monumental strength and stature the New England Conservatory of Music in Mr. ETHERIDGE. Mr. Speaker, I rise in sup- through their lives. In times of struggle, frustra- Boston she met her future husband, Martin port of this resolution. Today we mourn the tion, injustice, and violence, they spoke of Luther King, Jr., who was studying systematic loss Mrs. Coretta Scott King. We honor her composure, grace, love, and equality. theology at the nearby Boston University. personal strength, her determination as a civil They will be remembered for their tireless They were married on June 18, 1953 in her rights leader and her vision of a nation where and ceaseless efforts to advance race rela- hometown of Marion. tions, civil rights, social justice and human While she devoted most of her time to rais- freedom is denied to no man and to no rights. ing their 4 children, her husband’s prominent woman. Together Coretta Scott King and Dr. Martin I would like to share a few quotes with you. involvement in the civil rights movement Luther King, Jr. worked to create an America These are moments in which the voice, char- meant that she, too, was deeply involved. She acter, and spiritual tenacity of Mrs. King was took part in sit-ins at segregated restaurants, where all people are equal. Together they captured. When a heroine passes away, we organized marches, and performed in many marched through the streets for civil rights, look to her words, and our memories, to con- ‘‘freedom concerts.’’ She even marched with and together they spoke before church, civic, vey the spirit and tenacity she carried with her, Dr. Martin Luther King from Selma, AL, to college, fraternal and peace groups to encour- brought into every room, and left imprinted on Montgomery in 1965. Just days after her hus- age peace. our souls. band was slain she and three of her children After her husband’s tragic assassination in Corretta Scott King once said, ‘‘Hate is too traveled to Memphis to lead a march honoring 1968, Mrs. King devoted her energy to car- great a burden to bear. It injures the hater his life. rying on Dr. King’s legacy of nonviolence and more than it injures the hated.’’ Whether seg- She not only honored his life but also en- civil rights. She built the Martin Luther King Jr. regation, sexual orientation, the rights of the sured that his legacy would live on. In 1969 Center for Nonviolent Social Change as an poor or the rights of women, Mrs. King spoke she founded the Martin Luther King, Jr., Cen- enduring memorial to her husband’s dream of with a voice that resonates beyond the limits ter for Non-Violent Social Change in Atlanta, full civil rights for all Americans. Throughout of radiowaves and printed pages and out to GA, as well as the Coalitions of Conscience to her life, Mrs. King worked to advance the who are desperately in need of help. advocate for human rights issues. cause of justice and human rights throughout I have known Coretta Scott King over the King has carried the message of non- the world and spoke out on behalf of many im- last several years, and she had a rare gift to violence and her husband’s dream to nearly portant issues, including racial and economic motivate others to carry on the legacy of every corner of the globe. In 1962 she served justice, women’s and children’s rights, and reli- equality, the idea of freedom, and social jus- as a delegate to the 17-nation disarmament gious freedom. For her continued service to tice which was first accomplished by her hus- conference in Geneva, Switzerland. She was our country Mrs. King received over 60 hon- band and partner, Dr. Martin Luther King, Jr. the first woman to deliver the class address to orary doctorate degrees from colleges and It is our duty in her honor to never waver in Harvard University students and the first universities and inspired Congress to create a the face of injustice and degradation. woman to preach at a service in St. Paul’s Ca- Federal holiday on her husband’s birthday. ‘‘Struggle is a never ending process. Free- thedral in London. She stood beside Nelson Mrs. King was truly an American hero. dom is never really won; you earn it and win Mandela when he became the first democrat- Today our thoughts and prayers are with the it in every generation.’’ These words of ically elected president of South Africa and four King children: Yolanda Denise, Martin Lu- Coretta Scott King are increasingly relevant. she was an eye-witness to the signing of the ther III, Dexter Scott, and Bernice Albertine, all As a member of the House Judiciary and Middle East peace accords. of her family and friends, and with all of those Homeland Security Committees, my thoughts Coretta Scott King was a woman of great in- who continue to feel the wrath of social and can’t help but turn to yesterday’s confirmation fluence, wisdom, compassion, and determina- economic injustice. of Justice Alito to the U.S. Supreme Court. I tion. She was a woman who devoted her life Just as Coretta Scott King honored the have had concerns about Justice Alito’s past to making our world a better place. I leave you memory of her husband through her work, let judicial record. I am still apprehensive, and I with a quote from Coretta Scott King, ‘‘Strug- us honor her by continuing to fight for peace, would like to take this opportunity to point out gle is a never ending process. Freedom is justice and equality for all Americans. Thank what I believe is a test of civil liberties pre- never really won, you earn it and win it in you, Mr. Speaker. I yield back the balance of sented today. every generation.’’ my time.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 638 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Mr. SCOTT of Virginia. Mr. Speaker, it was its duration. And in January 1986, Mrs. King Georgia. Change is possible in our country. It with great sadness that I learned of the pass- oversaw the first legal holiday in honor of her is possible for people of conscience to come ing of Mrs. Coretta Scott King. I rise today husband—a holiday which has come to be together and move this country forward. along with my colleagues to celebrate and re- celebrated by millions of people. What Mrs. King embodies will not be extin- member the life of a remarkable woman and My thoughts and prayers are with the King guished. She is our Queen Mother. And we support H. Res. 655. I know that I speak for family. I hope that this resolution honoring should spend this day reflecting on her life, my colleagues here today when I say that Mrs. King will be a comfort to them at this dif- her legacy, her spirit, and what we will do in America has lost one of its great citizens. ficult time. our lives to further Martin and Coretta’s vision Mrs. King’s greatness lay in the special tal- Ms. KILPATRICK of Michigan. Mr. Speaker, for our beloved community. ents she had and her ability to use them in the I rise to salute Mrs. Coretta Scott King, the My condolences to all the members of the numerous roles she played in her life. She widow of civil rights pioneer and icon Dr. Mar- King family; and to Martin III, Yolanda, Dexter, started her adult life as an accomplished musi- tin Luther King, Jr. I join millions in this coun- and Bernice. cian, receiving music degrees from Antioch try and around the world who mourn her pass- In every sense of the word, they were our College in Yellow Springs, OH, and the New ing and celebrate her life. I extend my condo- first family and now we look to the children to England Conservatory of Music in Boston, MA. lences and prayers to her children and family. wear the family’s mantle. It was in Massachusetts that she met Dr. Mar- Coretta Scott King was born in Marion, AL, Mr. THOMPSON of Mississippi. Mr. Speak- tin Luther King, Jr. They were married on June on April 27, 1927. She grew up in segregated er, I rise in support of resolution (H. Res. 655) honoring the life and accomplishments of Mrs. 18, 1953. In 1954, with her husband’s installa- Alabama. Mrs. King went on to study music at Coretta Scott King and her contributions as a tion at Dexter Avenue Baptist Church in Mont- Antioch College in Yellow Springs, OH, and leader in the struggle for civil rights, and I also gomery, AL, Mrs. King accepted the roles and later studied at the New England Conservatory express my heart felt condolences to the King responsibilities of a pastor’s wife. of Music in Boston, MA. It was in Boston, family on her passing. Mrs. King’s singular talents may have been where she met Dr. King, who at the time was As the wife of Reverend Martin Luther King, known just to members of the Dexter Avenue working on his doctorate in theology at Boston Jr., Mrs. King was recognized by many as the Baptist Church if it had not been for the winds University. They married in 1953 and had four ‘‘first lady’’ of the Civil Rights movement. Born of change swirling around Montgomery in children, Yolanda Denise, Martin Luther III, and raised in Marion, Alabama, Coretta Scott 1955. With the arrest of Rosa Parks for her re- Dexter Scott, and Bernice Albertine. graduated valedictorian from Lincoln High fusal to give up her seat on a Montgomery Coretta Scott King marched beside her hus- School. She received a B.A. in music and public bus, the struggle for civil rights for band in towns across the then segregated education from Antioch College in Yellow Blacks in America formally began. Dr. King south. Mrs. King did not quietly slip out of pub- Springs, Ohio, and then went on to study con- was at the epicenter of the civil rights move- lic life. With dignity and courage, she chose to cert singing at Boston’s New England Con- ment, and Mrs. King was there by his side. continue to work for justice, access, and servatory of Music, where she earned a de- It is amazing that Coretta Scott King could equality. She advanced the message of social gree in voice and violin. While in Boston she play such a vital role in the civil rights move- justice, peace, and mutual respect. met Martin Luther King, Jr. who was then ment while simultaneously raising a family. Mrs. King started the Martin Luther King Jr. studying for his doctorate in systematic the- She was the mother of four at a time when a Center for Non Violence and Social Change ology at Boston University. They were married woman was expected to be a homemaker and out of the family home in Atlanta. The Center on June 18, 1953, and in September 1954 not much else. Not content to stand on the now houses the tomb of Dr. King and thou- took up residence in Montgomery, Alabama, sidelines of history, Mrs. King spoke on the sands of documents related to his work. Thou- with Coretta Scott King assuming the many cause of equality to church, civic, college, fra- sands of people each year visit the center, functions of pastor’s wife at Dexter Avenue ternal and peace groups. She also produced which sits in Atlanta’s Martin Luther King Jr. Baptist Church. and performed in a series of freedom concerts National Historic Site. During Dr. King’s career, Mrs. King devoted as fundraisers for the Southern Christian Coretta Scott King was active in the fight most of her time to raising their four children: Leadership Conference, the direct action orga- against apartheid in South Africa and an advo- Yolanda Denise (1955), Martin Luther, III nization of which Dr. King served as first presi- cate for human rights. Mrs. King received hon- (1957), Dexter Scott (1961), and Bernice Al- dent. orary doctorates from more than 60 colleges bertine (1963). She performed a series of It is easy to forget the duress under which and universities and authored three books. Freedom Concerts which combined prose and Mrs. King lived such an exemplary life. The As we enter Black History Month and then poetry narration with musical selections and threat of violent death was always present. Women’s History Month in March, I urge Con- functioned as fundraisers for the Southern The King family home was bombed in 1956. gress and the American people to reflect on Christian Leadership Conference, the direct Death threats against her family arrived by the legacy of Mrs. King. She was tireless in action organization of which Dr. King served phone and mail constantly, and Martin was her effort to make America a better place for as first president. stabbed and nearly killed in a New York de- every American. Coretta Scott King will always In 1957, she and Dr. King journeyed to partment store in 1958. The threat became re- be remembered for promoting racial and eco- Ghana to mark that country’s independence. ality with Dr. King’s assassination on April 4, nomic equality for all Americans. In 1958, they spent a belated honeymoon in 1968. No one would accuse Mrs. King of cow- Ms. MCKINNEY. Mr. Speaker, when I first Mexico, where they observed first-hand the ardice if she had retired from public life after heard the news this morning I was at once immense gulf between extreme wealth and ex- Dr. King’s death. But Dr. King’s dream of an both shocked and saddened. Although Mrs. treme poverty. In 1959, Dr. and Mrs. King undivided America became her dream, and King belonged to her children and cousins and spent nearly a month in India on a pilgrimage Mrs. King continued to work as an advocate nieces and nephews, she also belonged to to disciples and sites associated with Ma- for equality through nonviolent resistance. us—the American people and the family of hatma Gandhi. In 1964, she accompanied him Mrs. King devoted much of her energy to black people all over the world. to Oslo, Norway, where he received the Nobel developing the Martin Luther King, Jr. Center When she was alive, there was a sense of Peace Prize. Even prior to her husband’s pub- for Nonviolent Social Change in Atlanta as a comfort. Mother King guarded us, protected lic stand against the Vietnam War in 1967, living memorial to her husband’s life and us; she helped set this country free when she Mrs. King functioned as liaison to peace and dream. She led goodwill missions around the picked up Martin’s cross. justice organizations, and as mediator to pub- world speaking at massive peace and justice I was given the privilege of speaking at this lic officials on behalf of the unheard. rallies. She was the first woman to deliver the year’s Martin Luther King ceremony at Ebe- In 1969, Coretta Scott King published the class day address at Harvard University and nezer Church. Due to illness, she watched the first volume of her autobiography, My Life with the first woman to preach at a statutory serv- proceedings on the television, not able to be Martin Luther King Jr. In the 1970s, Mrs. King ice at St. Paul’s Cathedral in London. there with us. Our love went out to her then maintained her husband’s commitment to the Mrs. King led the campaign to establish Dr. and it does so now. I love the King Family as cause of economic justice. In 1974 she formed King’s birthday as a national holiday. In 1983, do we all. Her vision and Martin’s vision the Full Employment Action Council, a broad the 98th Congress passed H.R. 5890 insti- moved our country forward. coalition of over 100 religious, labor, business, tuting the Martin Luther King, Jr. Federal Holi- In 1963 Dr. King spoke of Stone Mountain, civil and women’s rights organizations dedi- day Commission, which Mrs. King chaired for Georgia. I now represent Stone Mountain, cated to a national policy of full employment

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 639 and equal economic opportunity; Mrs. King times their family and the civil rights move- plishments and her contributions as a leader served as Co-Chair of the Council. ment faced, Mrs. King organized sit-ins and in the struggle for civil rights, and expresses In 1983, she marked the 20th Anniversary protest marches; spoke at church, civic, and condolences to the King family on her pass- of the historic March on Washington, by lead- peace group gatherings; and performed at ing. ing a gathering of more than 800 human rights more than 30 successful ‘‘Freedom Concerts’’ I wholeheartedly join in that expression of organizations, the Coalition of Conscience, in to raise awareness of civil rights and garner views shared not only by the House but by the largest demonstration the capital city had support for the Southern Christian Leadership millions of Americans in Colorado and across seen up to that time. Conference. While serving on the front lines of the nation. Mrs. King and three of her children were ar- the fight for equal rights, Mrs. King also raised Mrs. King was no stranger to our state. As rested in 1985 at the South African embassy their four children: Yolanda Denise, Martin Lu- noted in today’s Denver Post, she paid her in Washington, DC, for protesting against ther III, Dexter Scott and Bernice Albertine. first visit to Denver in 1958 and returned to apartheid. Mrs. King led the successful cam- During Dr. King’s life and after his death, Colorado many times thereafter to further the paign to establish Dr. King’s birthday, January Mrs. King was integral to the struggle for cause of equality for which her husband and 15, as a national holiday in the United States. equality and justice. Just four days after her she labored for so long. By an Act of Congress, the first national ob- husband’s assassination in 1968, in an unmis- Now, in the words of the Rocky Mountain servance of the holiday took place in 1986. Dr. takable display of determination and persever- News, our nation mourns her as a champion King’s birthday is now marked by annual cele- ance, Mrs. King took his place and led a of freedom, and Coloradans join in that brations in over 100 countries. Mrs. King was march of 50,000 people through the streets of mourning. For the information of our colleagues, I at- invited by President Clinton to witness the his- Memphis, Tennessee. A woman of wisdom, tach an editorial and a news story from to- toric handshake between Prime Minister compassion and vision, she helped to pre- day’s Denver daily newspapers. Yitzhak Rabin and Chairman Yassir Arafat at serve her husband’s legacy and played a key the signing of the Middle East Peace Accords. [From the Rocky Mountain News, Feb. 1, role in making Dr. Martin Luther King, Jr. Day 2006] Mrs. King devoted much of her energy and a national holiday. She also worked hard to NATION MOURNS CHAMPION OF FREEDOM attention to developing programs and building establish and make The King Center a reality. Coretta Scott King, 78, died peacefully at a the Atlanta-based Martin Luther King, Jr. Cen- As the work of The King Center continues, medical clinic in Mexico early Tuesday. ter for Nonviolent Social Change as a living local, national and international programs have While she may always be remembered as memorial to her husband’s life and dream. Sit- trained tens of thousands of people in Dr. ‘‘the widow of Dr. Martin Luther King Jr.,’’ uated in the Freedom Hall complex encircling King’s philosophy of non-violent social change. Mrs. King created an inspiring legacy of her Dr. King’s tomb, The King Center is part of a It is with great sadness that I send my own. 23-acre national historic park which includes deepest condolences to the King family. Mrs. Her tireless efforts convinced lawmakers his birth home, and which hosts over one mil- King’s lasting contributions to freedom and to recognize her late husband’s place in history with the national holiday that cele- lion visitors a year. equality will always be remembered. Let us brates his birth. She stood with and spoke In 1995 she turned over leadership of the honor Mrs. King’s memory by committing our- for the downtrodden, in America and around King Center to her son, Dexter Scott King, selves to promoting civil rights and peace. the world. who served as Chairman, President & CEO Mr. Speaker, please join me in paying trib- Mrs. King surely would have lauded the until January 2004. On that date, Mrs. King ute to the life of Mrs. Coretta Scott King. news that the Smithsonian Institution on was named interim Chair and her eldest son Mr. BECERRA. Mr. Speaker, I rise today to Monday approved a site on the National Mall Martin Luther King, III assumed the leadership honor and pay my respects to an American near the Washington Monument for the Na- tional Museum of African American History position of President & CEO. treasure: Mrs. Coretta Scott King. An admi- and Culture. She remained active in the causes of racial rable advocate of social justice and peace, We’ve long supported a moratorium on fur- and economic justice, and most recently de- Mrs. Scott King will be greatly missed by ther construction on the Mall, which has voted much of her energy to AIDS education those who care about equal opportunity for all. grown cluttered with newly built memorials and curbing gun violence. Alongside her husband, the late Reverend and security barriers over the past three dec- A woman of wisdom, compassion and vi- Martin Luther King, Jr., she was a successful ades. And so we would prefer that the mu- sion, Coretta Scott King has tried to make leader and advocate for racial peace and seum occupy land near but not on the Mall. ours a better world and, in the process, has But leading museum proponents considered fought for social change. such an alternative a slap in the face, and made history. I am saddened by the loss of Following the death of her husband, she the Smithsonian board foreclosed that op- our ‘‘First Lady’’. She met the challenge of maintained his commitment to racial and eco- tion. preserving the memory of her husband head nomic justice. Her devotion to civil and human So be it. Whatever the museum’s location, on. Her tireless work in keeping the dream rights has no borders as she is recognized at the construction of such a memorial is long alive has been invaluable not only to civil home and abroad for remaining a catalyst for overdue. The task is to ensure that it be- rights, but to human rights. Mrs. Coretta Scott change. comes a national treasure, a source of inspi- King kept the torch burning and as opposed to Just as Cesar Chavez is remembered for ration for Americans of every heritage. passing the torch, she lit torches along the his role in the struggle for human rights and [From the Denver Post, Feb. 1, 2006.] way. She is a true inspiration to us all. dignity of migrant farm workers, Mrs. Scott NONVIOLENCE ESPOUSED IN MANY DENVER Ms. McCOLLUM of Minnesota. I rise today King will be remembered for her accomplish- VISITS in honor of the late Coretta Scott King, an ex- ments in the struggle for peace and justice, (By Claire Martin) traordinary civil rights leader, who passed and for her steadfast belief that care and re- Despite the death threats and bombings, away on January 30th. Throughout her life, spect should be shown to others not because the assassination of her iconic husband and Mrs. King worked tirelessly for the struggle of of the color of one’s skin, but because of ‘‘the hostility that persisted for decades, Coretta non-violent activism, social justice and peace. content of their character.’’ Scott King remained such a passionate advo- Coretta Scott King was born and raised in Mr. Speaker, as a nation and with the world, cate of nonviolence that she insisted on her Marion, Alabama, where she graduated as we mourn the loss of Coretta Scott King, a bodyguards being unarmed during her public appearances. valedictorian from Lincoln High School. She civil rights icon in her own right whose accom- ‘‘In all her visits to Denver, we provided received a B.A. in Music and Education from plished life is laudable, whose care for the Mrs. King with security, but always that was Anitoch College in Yellow Springs, Ohio, be- human condition is remarkable, and whose one of her prerequisites—no weapons, no fore going on to study at Boston’s New Eng- loss will be felt by countless millions all across guns,’’ said Vern Howard, longtime civil land Conservatory of Music. While there, she this great country that she helped unite. rights advocate and marshal of Denver’s an- met a theology student from Atlanta, Martin Mr. UDALL of Colorado. Mr. Speaker, I rise nual Martin Luther King Jr. Day parade. ‘‘It Luther King, Jr., who was then studying for his to join in expressing my sorrow at the news of was hard for us organizers. We didn’t want anything to happen to her on our watch.’’ doctorate at Boston University. the death of Coretta Scott King and my sup- Coretta Scott King first visited Denver in Before her marriage to Dr. King, Mrs. King port for the resolution (H. Res. 655) now be- 1958 to speak at a New Hope Baptist Church was active in the civil rights and non-violent fore us. event arranged by Helen Gamble, grand- social change movement. As an equal partner By passing that resolution, the House of mother of former Denver Mayor Wellington to the young Dr. King during the turbulent Representatives honors her life and accom- Webb.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 640 CONGRESSIONAL RECORD—HOUSE February 1, 2006 King later confided to Webb that the ready led an impressive life of her own. She human rights issues. She overcame her own speech intimidated her, despite her formal had already established herself as a role personal tragedy to keep her family together training as a vocalist at the New England model. Coretta Scott graduated at the top of and further the causes of the civil rights move- Conservatory of Music. ‘‘As a soloist, it’s her high school class in Alabama, and was ac- easier for me to sing than to give a keynote ment. speech,’’ Webb recalled King saying. cepted at Antioch College in Ohio, and later at Mr. Speaker, Coretta Scott King has been a Her theme in that debut—civil rights and the New England Conservatory of Music in role model for those seeking to overcome nonviolence—set the tone for countless fu- Boston. She had a scholarship to the music tragedy and discrimination with grace and de- ture speeches, first by her husband’s side and school that covered her tuition, but she was termination. I rise today to honor her life and then in his stead. not too proud to take a job cleaning stairwells her legacy. ‘‘She never wavered in her commitment to to pay for her room and meals. It was in Bos- Mr. MICHAUD. Mr. Speaker, today our na- civil rights,’’ said Wilma Webb, a former ton when Coretta Scott met her future hus- tion has lost a great champion of civil and state legislator and the wife of Wellington Webb, who authored the state’s King holiday band—Martin Luther King, Junior, and her human rights. Coretta Scott King’s courage bill. ‘‘She carried the banner. She gave us di- journey as not only the wife—but the partner and commitment should be an example to all rection. She had the stature of a first lady.’’ of a man who would change the way Ameri- of us. King returned regularly to Colorado after cans lived, had just begun. After the assassination of her husband, the her husband’s death. She stumped for Wel- From the Montgomery bus boycott, to out- late Martin Luther King, Jr., Mrs. King devoted lington Webb in his first mayoral campaign breaks of racial violence in the streets, to a herself to carrying on his legacy. Only four in 1983 and urged him to run for the U.S. bombing at the Kings’ residence in 1956, Mrs. days after his death, she took her husband’s Senate in 2002. King stood by her and her husband’s dreams During the mid-1980s, her visits focused on place at the head a march in support of sani- the controversial effort to create a national of racial equality. And with the bad, came the tation workers in Memphis. She went on to holiday honoring her husband. good—Mrs. King was there for her Doctor found and lead, for over two decades, the During a visit to the Colorado legislature King’s uplifting sermons, his many trips abroad King Center. The Center stands as a memorial in 1985, a year after the assembly voted for and his—‘‘I Have a Dream’’ speech on the Na- to her husband, but also is an active force in the holiday marking her husband’s birthday, tional Mall. the struggle to achieve equality between all House Speaker Bev Bledsoe snubbed King. After experiencing such a tumultuous, un- people, confronting issues of hunger, unem- Although Senate Speaker Ted Strickland al- predictable life as the wife of a great civil lowed King to address his assembly, Bledsoe, ployment, voting rights and racism. King re- rights leader, some thought Mrs. King would mained active throughout her whole life, par- a Hugo Republican who opposed the King choose to lead a quiet life—leaving the spot- holiday, refused to grant her the same privi- ticipating in protests against apartheid in lege, provoking criticism from Democrats. light after her husband’s untimely death. In- South Africa in the 1980’s and speaking out She continued to visit Colorado, some- stead, Coretta Scott King chose to carry on against the war in Iraq in early 2003. times to watch her playwright daughter, Yo- her the fight. Until her health started to fail her It is the responsibility of each of us, who sit landa Denise King, perform in one of her last year, she continued to speak out against in this House and pledge to uphold the Con- plays. Her final appearance in the state in injustice, and promote fairness and equality stitution, to continue to fight for Martin Luther January 2005 invoked a version of her 1958 among all men. To quote the late Mrs. King, King, Jr.’s dream of equality, which Coretta message. ‘‘Hate is too great a burden to bear. It injures ‘‘We can solve conflicts without terrorism worked so unselfishly to sustain. and war,’’ she said. ‘‘This is the only way to the hater more than it injures the hated.’’ This Mr. BLUMENAUER. Mr. Speaker, it is a lasting peace and security.’’ is a fitting epithet for the great American, the great irony that the day of Coretta Scott King’s First Lady of the Civil Rights Movement, Mrs. Mr. KILDEE. Mr. Speaker, I rise today to passage is the same day 141 years ago that Coretta Scott King. the House of Representatives passed the 13th mourn the loss of Mrs. Coretta Scott King. Her Mr. EMANUEL. Mr. Speaker, I rise today to amendment to the Constitution abolishing death is a great loss for America and for honor the memory of Coretta Scott King, and slavery. That the Constitutional amendment peace and justice the world over. I offer my condolences to her family after she passed by but two votes during the time of our I had the pleasure of meeting Mrs. King on passed away in her sleep early this morning. Civil War reminds us that the issue of fighting two occasions; once in my congressional of- She was a remarkable human rights advocate for equality and against racial discrimination fice and again at a ceremony marking the 25th who was a living symbol of the struggles and has been a pitched battle throughout our his- Anniversary of the March on Washington. I successes of the civil rights movement. was always impressed by her inner strength Mrs. King was best known as the loving wife tory. and graciousness. In troubled and violent and widow of Dr. Martin Luther King, Jr. She The widow of Dr. Martin Luther King was in times, she raised a family and was a genuine provided invaluable support to the man who the forefront of the revolution of progress and partner with her husband Martin Luther King, became the Nation’s leading civil rights advo- heartbreak. She will be remembered as Jr. in the fight for civil rights and equality. She cate and an international icon. She stood by woman of great courage and dignity whose ensured that his dream did not die by leading him as he was harrassed, intimidated and role in this great civil rights movement is only the fifteen year fight to make her husband’s eventually assassinated for fighting for equal- now being fully appreciated. I join with the Na- birthday a national holiday and by establishing ity. tion in extending condolences to the King fam- the Martin Luther King Jr. Center for Non- Her grace and dignity after her husband’s ily and in honoring the life of Coretta Scott violent Social Change in Atlanta. Her personal death showed the country that she was more King. activism included traveling the world advo- than just a strong wife. Alone with four chil- Mr. BISHOP of Georgia. Mr. Speaker, I rise cating for women, promoting world peace and dren, she did not retreat but instead insisted today in memory of an extraordinary woman protesting apartheid. I know that I am a better on continuing the mission that her late hus- and in recognition of a life that meant so much person because of her and indeed our country band had started. She continued the march in to so many. is a better place because of her legacy. Memphis before his funeral. As time pro- I was honored to know Coretta Scott King. In closing I would like to express my condo- gressed, she spearheaded the effort to create She was a woman of great eloquence and lences to the King family. May the God of all a federal holiday to honor her husband. Her dignity, but also of great faith. She endured comfort be there for them through all the days strong insistence on furthering Dr. King’s hatred, violence and ultimately the loss of her ahead. ideals led to the creation of the holiday in husband, but she never lost her vision for Mr. JEFFERSON. Mr. Speaker, I rise today 1983. mankind or her determination to stand up for to recognize the passing of one of the strong- Mrs. King quickly became an internationally what is right and what is just. est and most inspirational African-American known figure who embodied the spirit of non- Coretta Scott King was one of the greatest women in our country’s history: Mrs. Coretta violent resistance and human rights advocacy. activists in our Nation’s history and it is right Scott King. Her work was not limited solely to civil rights; that we honor her here today. She carried on Mrs. King was not the person referred to in She worked tirelessly for other noble causes, the legacy of her husband, the Rev. Dr. Martin the cliche´ . . . she was not the, ‘‘good woman becoming a leader in the women’s liberation Luther King, but she had her own legacy—a behind a great man.’’ She was the deter- movement and vocally opposing apartheid in legacy of putting herself on the line to make mined, intelligent woman who stood right South Africa. the world a better place for all of God’s chil- alongside him. When Coretta Scott married Mrs. King’s life is an inspiration to millions of dren. And many of us continue to reap the re- Doctor Martin Luther King, Junior, she had al- people worldwide who struggle to overcome wards of her work today.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 641 Mrs. King called ‘‘Hate . . . too great a bur- Alabama and raised on the farm of her par- out against apartheid, she embodied her hus- den to bear.’’ Saying, ‘‘It injures the hater ents Bernice McMurry Scott, and Obadiah band’s words ‘‘injustice anywhere is a threat to more than it injures the hated.’’ These are Scott, she was exposed at an early age to the justice everywhere.’’ words that not only inspired millions, but that injustices of life in a segregated society. She Her passion for equality and justice led her must continue to inspire us today. walked five miles a day to attend the one- on numerous peace delegations around the As we meet in these hallowed halls, we room Crossroad School in Marion, Alabama, world. Her actions and work with gang mem- must remember the legacy of Dr. and Mrs. while the white students rode buses to an all- bers demonstrated the value and the neces- King and the dream that defined their lives. white school closer by. Yet through it all, sity of transforming neighborhoods into broth- We mourn her passing, but the best way to young Coretta excelled at her studies, particu- erhoods. Mrs. King spoke out against attacks celebrate her life and legacy is to recommit larly music, and was valedictorian of her grad- on affirmative action and against racial ourselves to the ideals of equality and justice uating class at Lincoln High School. profiling. As a result of her unrelenting cam- for all. She graduated in 1945 and received a paign efforts, a bill was signed in support of I would like to extend my deepest sym- scholarship to Antioch College in Yellow the Martin Luther King, Jr. National Holiday. pathies to the children and family of Coretta Springs, Ohio. As an undergraduate, she took Devoting relentless energy to her noble Scott King. Today, we have truly lost an Amer- an active interest in the emerging civil rights work, Mrs. Coretta Scott King has made a tre- ican treasure. movement; and joined the Antioch chapter of mendous impact on American history. She will Mr. HOLT. Mr. Speaker, I rise today in the NAACP, as well as the college’s Race Re- be missed by all those who knew her and re- strong support of H.R. 655 which honors the lations and Civil Liberties Committees. membered by all those who have benefited life and accomplishments of Mrs. Coretta Scott Her life would be forever changed when she from her enormous contributions. King. met a young theology student, Martin Luther Mr. MEEHAN. Mr. Speaker, I rise in honor We can all learn from the life of this brave King, Jr. They were married on June 18, 1953, of Coretta Scott King, wife of the late Dr. Mar- civil rights leader. Her example to us is one of in a ceremony conducted by King’s father, the tin Luther King Jr. and a guiding force of the perseverance and inspiration. My prayers and Rev. Martin Luther King, Sr. modern civil rights movement in her own right. condolences are with the King family at this Coretta Scott King was very supportive to Just seventeen days ago we honored the difficult time. her husband during the most turbulent days of birthday of her husband and celebrated Janu- Throughout her life, Coretta Scott King ex- the American civil rights movement. After his ary 16th as a national holiday in his honor. It emplified the values of human dignity and assassination in Memphis, Tennessee, on would be too easy to remember Mrs. King equality, social justice, and service to others. April 4, 1968, she kept his dream alive while simply as the wife of Dr. King, one of this As the mother of four children and widow of also raising their four children. In her own country’s great 20th century leaders. To do the most influential civil rights leader in our na- words, she was ‘‘more determined than ever this would be a disservice to the memory of a tion’s history, Mrs. King spent her life advo- that her husband’s dream would become a re- champion of civil and equal rights in her own cating racial and religious tolerance, promoting ality.’’ right. democracy, and speaking out against vio- For more than a decade, she worked tire- Coretta Scott King began her long career of lence. lessly to have her husband’s birthday ob- civic engagement as an undergraduate at An- It was her tireless effort that led to the es- served as a national holiday. Her determina- tioch College where she joined the local chap- tablishment of the Martin Luther King Federal tion would payoff when it was first celebrated ter of the National Association for the Ad- Holiday in 1983. This is a day in which Ameri- in 1986. vancement of Colored People. cans are called to remember the struggle of In 1969, she established the Martin Luther After graduating from Antioch with a B.A. in the Civil Rights Movement and to engage in King Jr. Center for Nonviolent Social Change music and education, Coretta Scott received a community service to help others. Every gen- in Atlanta, dedicated both to scholarship and scholarship to study concert singing at the eration of Americans should understand the to activism. New England Conservatory of Music in my importance of his struggle and the tremendous With fierce determination and undying home state of Massachusetts. While there she odds that Dr. King and others overcame to strength, Mrs. King worked to keep Dr. King’s met her future husband, Martin Luther King Jr. help form a more perfect union. But the work ideology of equality for all people at the fore- After receiving her degree from the Con- of Dr. and Mrs. King is far from finished. front of people’s minds. She picked up the servatory, she and Dr. King moved to Mont- There are still too many communities in baton when it was dropped by her husband’s gomery, Alabama. It was here that she and America that remain divided by race. There assassination and continued to move forward her husband became central figures in the are too many places where the color of one’s in the civil rights arena. Montgomery Bus Boycott and ultimately, the skin, not the content of one’s character mat- In her own words, ‘‘We must make our civil rights movement. ters. The King family has over the years ac- hearts instruments of peace and nonviolence, Following the success of the Montgomery complished great things, but work remains. As because when the heart is right, the mind and Bus Boycott, Dr. and Mrs. King traveled tire- a Nation we need to examine ourselves about the body will follow.’’ lessly to ensure that the civil rights movement race. We need to understand that to this day She exemplified courage, strength, and a continued to grow. Mrs. King’s talent and edu- although a people are endowed by their cre- deep compassion for justice. Coretta Scott cation in the arts led her to conceive of and ator with the same rights and privileges as King will be remembered as one of America’s perform a series of Freedom Concerts which others in their community not all feel they can greatest treasures and will be forever missed. incorporated poetry, narration, and music to exercise those rights. Until we eliminate rac- Mr. AL GREEN of Texas. Mr. Speaker, tell the story of the larger movement for equal ism from the earth, the important work of Dr. today I would like to honor and commemorate rights. These concerts were vital in the fund- King and Mrs. King must continue. I look for- Coretta Scott King, a tireless advocate for civil raising efforts for the Southern Christian Lead- ward to new generations of leaders continuing rights and the widow of the great civil rights ership Conference, the organization her hus- the cause and enduring in the struggle to form leader, Rev. Dr. Martin Luther King, Jr. band headed. a more perfect union. This will truly honor Mrs. Today, we continue to mourn the loss of a Mrs. King was not deterred by her hus- King’s legacy. great woman and a pioneer of civil rights. band’s assassination, and if anything this trag- Mr. RANGEL. Mr. Speaker, I rise today to While Dr. King was the visionary behind the ic event strengthened her resolve in their honor the life and legacy of Mrs. Coretta Scott civil rights movement, Mrs. King was the archi- shared struggle. In 1974, she established the King and to add my support to H. Res. 655 tect. She made real the ideals expressed by Full Employment Action Council, a diverse co- honoring the life of this extraordinary woman. Dr. King. A driving force, she valiantly worked alition of more than 100 religious, labor, civil, As much as we loved and respected Mrs. to found the King Center to both preserve the and women’s rights groups dedicated to eco- King, her family has suffered an even greater history of the civil rights movement and to nomic justice through equal opportunity. loss. To the King children—Yolanda, Martin III, train the many men and women in the philos- In 1983, Coretta Scott King marked the 20th Dexter, and Bernice, know that you have our ophy of non-violent resistance. anniversary of the 1963 March on Washington deepest heartfelt sympathy. Mrs. King was first and foremost a woman with another march on the Capitol featuring Hailed as the ‘First Lady of the Civil Rights of strong character. She was a leader in her hundreds of organizations called the ‘‘Coalition Movement’, Coretta Scott King had to endure steadfast presence, her determination, and her of Conscience.’’ At the time it was the largest injustices at an early age. Born in Heiberger, courage. As one of the first people to speak demonstration in Washington’s history.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 642 CONGRESSIONAL RECORD—HOUSE February 1, 2006 Mrs. King led the movement to have her persons for their husband’s causes, yet With dignity and with strength, Mrs. King husband’s birthday, January 15th, established Coretta Scott King was unique; an ardent ac- helped lead the civil rights movement for dec- as a federal holiday and I am happy to say tivist in the fight against injustice, Mrs. King ades. For many, she was the face of the that Congress and the President acted on the brought a new energy to the civil rights move- movement. merit of Coretta Scott King’s wish and estab- ment. Giving hundreds of speeches and lead- We are saddened by the loss of a great lished Martin Luther King Jr. Day as a national ing countless marches, Mrs. King overcame American and we are so thankful for her life. holiday in 1986. the challenges of widowhood and witnessed As Black History Month begins today, I hope While we are truly saddened at her passing, the successes of the civil rights movement we will all use this month and beyond to honor we are given pause to contemplate the impact and her husband’s unfulfilled dreams. Mrs. King, her husband and all of our civil she made during her lifetime on our lives and Neverending in her commitment to justice, rights heroes, and to live their message of those of future generations. The freedoms all Mrs. King was appointed by President Carter peace and equality, everyday of our lives. Americans enjoy today are due in no small to the United Nations General Assembly, Mr. LEWIS of Georgia. Mr. Speaker, Coretta part to her participation in the struggle for civil where she devoted herself to the development Scott King was a radiant symbol of the best rights and equality. of Third World nations. She joined the fight to that the American South and this nation have Mr. Speaker, let us celebrate the achieve- end apartheid and lobbied the U.S. Congress to offer. She was beautiful, charming, graceful ments of this remarkable woman’s lifetime and for sanctions against South Africa. Mrs. King and dignified. She was a shining light who had work to ensure that her legacy endures long also coordinated a 15-year campaign to keep the ability to brighten the dark places, to bring after her passing. her husband’s memory alive, culminating in hope where there was hopelessness. Mr. SCHIFF. Mr. Speaker, I rise today to 1983 with the passage of legislation intro- I first met her in 1957 when I was a 17- honor the life of Ms. Coretta Scott King, a civil duced by Congressman JOHN CONYERS and year-old student in Nashville. She was trav- rights icon and the widow of Dr. Martin Luther Congresswoman Shirley Chisholm to com- eling around America, especially in the South, King, Jr., who died January 30, 2006, at the memorate her husband’s work with a federal telling the story of the Civil Rights Movement age of 78. Coretta Scott was born and raised holiday. Dr. and Mrs. King have been suc- through song. I will never forget it. She looked on a farm near Marion, Alabama, where she ceeded by their four children who have each like an opera star standing on stage. She knew little racial prejudice. However, living in followed in their parents’ footsteps, carrying wore a lovely pearl-white dress with layers of town to attend high school, young Coretta with them strong hearts, minds and voices in cascading ruffles falling gently around her. learned firsthand of the harassment and vio- pursuit of justice and peace. She would sing a little and then talk a little, lence directed at African-Americans. In 1942, Two years ago, I was invited to join a civil and through her singing and talks she inspired at the age of 15, she was personally exposed rights pilgrimage to Montgomery, Birmingham an entire generation. to this hatred when the Scott home was set on and Selma, Alabama. The journey was a re- She was more than the widow of Martin Lu- fire on Thanksgiving night. markable experience. Led by Congressman ther King, Jr. She was a leader in her own Church and music became Coretta Scott’s JOHN LEWIS, a number of my colleagues in the right. She was the glue that held the Civil salvation, and in 1945, she left for Antioch House and the Senate and I visited the sites Rights Movement together and the strength College in Ohio where as one of three African- of many of the civil rights struggles, including that sustained one of the most charismatic American students in her class, she began to the Kings’ own Dexter Avenue Baptist Church. leaders of our time. Long before she married study music and education. After graduation, We experienced these places with some of Dr. King, she was an activist for non-violence, Coretta ventured off to the New England Con- the activists that led the movement and relived traveling to a conference in Europe with servatory of Music in Boston to study concert the moments through their eyes. To hear them Women Strike for Peace to discuss the dan- share their account of the very church we singing. It was in Boston where Coretta met gers of atmospheric nuclear testing. Martin Luther King Jr., who was then studying were sitting in being attacked by a mob of Though she tasted the bitter fruits of seg- for his doctorate in theology. She later said, segregationists was extraordinary. regation and racial discrimination, Coretta Those of us who were too young to remem- ‘‘Even at the time we were courting, Martin Scott King was prepared for a privileged life. ber well the civil rights movement continue to was deeply concerned—and indignant—with She was well-educated and married a gifted ask ourselves what would we have done? the plight of the Negro in the United States.’’ Would we have stood up, would we have minister from a prominent family. Just like any The two married in 1953 and within the fol- questioned those in power, would we have de- other mother she wanted to raise her four chil- lowing decade became the parents to two manded equality and justice? Or would we, dren in peace. But when an opportunity came sons and two daughters. In her new life as a like so many Americans, have remained indif- for her to actualize the philosophy of non-vio- married woman, Mrs. King gave up music to ferent? The best answer we can find to that lent change, she did not ignore her convic- take on the role of a pastor’s wife at Dexter question of what we would have done is an- tions. Avenue Baptist Church in Montgomery, Ala- swered by what are we doing now to advance Along with her husband and the more than bama, where Dr. King became the seminal fig- the cause of justice and equality. In 1960s 50 thousand black people of Montgomery, she ure in the civil rights movement. Mrs. King Alabama, Coretta Scott King and Martin Lu- responded to the courage of Rosa Parks, who joined her husband’s pursuit of civil rights, and ther King, Jr., battled overt bigotry. Today, we on December 1, 1955, refused to give up her occasionally substituted for him as a speaker. arm ourselves against silent intolerance. While seat on a city bus in Alabama. That simple act They traveled the world, observing severe we must look to our past and consider how far launched the modern-day Civil Rights Move- poverty and all its consequences, and together we have come, we must keep an eye toward ment and changed Coretta King’s life forever. they learned the art of nonviolent protest from the future knowing that the movement is not Her commitment to non-violence led her to the disciples of Mahatma Gandhi. Throughout over and that each one of us must continue to trade her privilege to live under the constant their married life, Mrs. King was an equal part- dedicate ourselves to pursuing an America threat of brutality. Her home was bombed, her ner in Dr. King’s tireless efforts to pursue jus- with equal opportunity for all. husband was repeatedly jailed, people she tice, equality and peace, and was by his side Mrs. MALONEY. Mr. Speaker, Coretta Scott knew were killed, her husband’s life was al- in Oslo in 1964 when he received the Nobel King was a major reason that our Nation ad- ways in jeopardy. And finally one day he was Peace Prize. vanced from the backward ways of segrega- assassinated by a gunman’s bullet. On April 4, 1968, Mrs. King learned of her tion. Her passing is a tremendous loss for all She did not become bitter or hostile. She husband’s assassination through a telephone of America. did not hide in some dark corner, but she call from Reverend Jesse Jackson. While sup- Mrs. King was a civil rights hero—she was drew on her faith in the transformative power porting a sanitation workers’ strike, Dr. King active in the cause before she married the of peace. And a few days after the assassina- was shot on a Memphis motel balcony. In her great Dr. Martin Luther King, and she helped tion, she led striking workers through the autobiography, My Life with Martin Luther King shape the movement as his wife, and later, his streets of Memphis. All the days of her life, Jr., Mrs. King recalled, ‘‘Because his task was widow. she would travel throughout the South, Amer- not finished, I felt that I must rededicate my- As my friend and colleague, the great cham- ica, and the world urging respect for the dig- self to the completion of his work.’’ Indeed, pion of civil rights John Lewis, said yesterday, nity of humanity. she was compelled to fully immerse herself in ‘‘She was more than the devoted wife of a She went all out to create a living memorial the nonviolent civil rights movement that her great minister . . . she was a leader in her to her husband called the Martin Luther King husband led. Many wives become spokes- own right.’’ Jr. Center for Non-Violent Social Change, one

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 643 of the most visited landmarks in Atlanta. She and a deep belief in God and humanity, we Mrs. King’s entire life was framed by dignity, met with President Reagan, who was not in- can go a long way to achieving a more perfect courage and an unwavering commitment to clined to sign the legislation, but in the end he America. social justice and humanitarian causes. She could not deny her. She used her prominence Mr. LARSON of Connecticut. Mr. Speaker, grew up working in the cotton fields of Ala- to mobilize the American people and built a bi- yesterday, I attended the heartfelt memorial bama, where she experienced the harsh re- partisan coalition in Congress to make her service of Mrs. Coretta Scott King. Mrs. King ality of racism. Taught by her parents that only husband’s birthday a national holiday. Be- was a model citizen and will truly be missed a solid education could open the door to free- cause of her efforts, generations yet unborn by the Nation. Last week the House debated dom and opportunity, Mrs. King focused on will learn his message of peace, and they will H. Res. 655, which honored the life and ac- her studies and graduated with honors from hear about his struggle for equal justice in complishments of Mrs. Coretta Scott King. Antioch College in southern Ohio, one of the America. This resolution recognized her contributions as first integrated colleges in the country. While a I loved Coretta Scott King. She was so a leader in the Civil Rights Movement and ex- student, she joined the NAACP and became warm, so genuine, so caring. For 20 years, presses condolences to the King family on her deeply involved in the civil rights movement, she always sent me a card or a book on my passing. foregoing a career in music to carry out the birthday. I will cherish those mementos al- Coretta Scott King was born on April 27, work of peace and justice. ways. 1927, in Heiberger, Alabama. Mrs. King grad- The assassination of Dr. King did not dimin- I will remember Coretta Scott King as a uated from Antioch College with a degree in ish her resolve. She courageously forged dear friend. But the historians will remember music and education and was granted a schol- ahead on the road to justice, despite the dan- her as one of the founding mothers of the new arship to study concert singing at the New ger inherent in her noble cause. As a young America, for through her noble acts, she England Conservatory of Music in Boston, widow with four young children to raise, Mrs. helped liberate us all. This nation is a better Massachusetts. It was in Boston where she King remained steadfast in her commitment to nation, and we are a better people because met a young theology student, Martin Luther her children and also unwavering in her deter- she passed this way. However, she was not King, Jr., who was attending Boston Univer- mination to continue on the path set by Dr. only a citizen of America, she was a citizen of sity, and her life was forever changed. They King. She took up the torch of her late hus- the world, a world still yearning to build the were soon caught up in a dramatic series of band, holding it high and dignified, exposing a Beloved Community, a world still yearning to events that sparked the modern Civil Rights broken society degraded by racism and injus- make peace with itself. Above all, Coretta Movement. Dr. King was recognized as the tice and illuminating the reality of peaceful Scott King personified the beautiful, peaceful face of the movement, called upon to lead var- change. soul of a non-violent movement that still has ious marches from city to city, with Mrs. King Refined, articulate and reflecting a quiet the power to transform America, that still has right by his side, encouraging citizens, regard- grace, Mrs. King did not retreat from the the power to change the world. less of race, to defy the laws of segregation. movement sparked by Dr. King. She delib- Mr. BERRY. Mr. Speaker, on January 31, On April 4, 1968, Martin Luther King, Jr., erately stepped out into the sharp glare of the just one day before the start of Black History was assassinated in Memphis, Tennessee. public and bravely marched on, leading civil Month, we lost one of our Nation’s most im- Channeling her grief, Mrs. King concentrated protests where her husband had marched be- portant civil rights pioneers—Coretta Scott her energies on fulfilling her husband’s work fore. She led an unrelenting effort to establish King. Black History Month is an appropriate by building The King Center in Atlanta, Geor- Martin Luther King Jr. Day, an endeavor that opportunity to mourn her death, celebrate her gia, as a living memorial to her husband’s life took her fifteen years and over six million petitions. Determined to keep Dr. King’s legacy extraordinary life, and reflect on the extraor- and dream. However, Mrs. King’s greatest ac- alive, Mrs. King founded the King Center in dinary partnership of Mrs. King and her hus- complishment was yet to come. She set out to 1968, serving as its president for 26 years. establish her late husband’s birthday as a na- band, Dr. Martin Luther King, Jr. Armed with a sharp mind, a warm smile and Although Dr. King was the heart and face of tional holiday, and that dream came to fruition a passion for social change, Mrs. King jour- the civil rights movement, Mrs. King was its when Congress declared the first observance neyed around the world, speaking to college backbone. She marched alongside her hus- of this national holiday in 1986. Today, the and church audiences and meeting with world band in Selma to demand voting rights for Af- holiday is marked by annual celebrations in leaders. Mrs. King championed the rights of rican Americans. She marched with him again over 100 countries. the poor and advocated for social and eco- in Washington to demand a Federal law pro- Mrs. King was an influential public figure nomic justice for women and for the protection tecting the civil rights of all Americans. And and is referred to as the ‘‘First Lady of the and rights of gay men and lesbian women. she marched with her husband in Memphis Civil Rights Movement.’’ She was a world-re- She marched in protest against racial discrimi- one day before he was killed, to provide relief nowned speaker who gave hundreds of nation across the South and was arrested for for the sanitation workers facing entrenched speeches both abroad and at home, and was protesting apartheid in South Africa. discrimination. active in organizations such as the National Mr. Speaker and Colleagues, please join me After Dr. King’s murder in 1968, Coretta Council of Negro Women and the Women’s in honor, recognition and memory of Coretta Scott King fought with enormous grace and Strike for Peace. Mrs. King was also known Scott King, whose life mission on behalf of determination to keep her husband’s legacy for her writing, most notably for her autobiog- human rights has served to raise the collective alive. She founded the Martin Luther King, Jr. raphy, My Life With Martin Luther King. Jr. conscience of the entire world into the promise Center for Nonviolent Social Change to further Mrs. Coretta Scott King had a vision and of universal freedom from oppression. Mrs. his dream of racial equality, and fought tire- she had the wherewithal to keep that vision King’s brilliant legacy, framed in peace, deter- lessly to establish a national holiday to honor alive. The journey towards equality for all has mination and dignity, will forever resound with her late husband. Although it took her 15 been greatly advanced by her work and ac- the voice of her husband, Dr. Martin Luther years to accomplish this goal, Congress finally complishments. Mrs. Coretta Scott King is a King, Jr.—along our urban streets, across the enacted a law in 1983 designating the third true American hero and will dearly be missed South and around the world—echoing the on- Monday of January as Dr. Martin Luther King by her family, the Nation, and the world. going struggle for freedom in a chorus of hope Day. Mr. KUCINICH. Mr. Speaker, I rise today in that will someday rise with their words on the Since her husband’s death 38 years ago, honor and remembrance of Coretta Scott dawning of a new day of peace and justice for Mrs. King continued her work as a civil rights King, devoted wife, mother, grandmother and all. activist, an advocate for women’s rights, and a civil rights leader, whose courageous mission Mr. RUPPERSBERGER. Mr. Speaker, as leader in the struggle against apartheid in has left an indelible light of peace and justice we celebrate the start of Black History Month South Africa. She fought for the ideals that visible across our country and around the with recognizing the many, many great deeds made this country great, and became the epit- world. Mrs. King gracefully raised aloft the of African Americans, we also mourn the loss ome of American strength and perseverance dreams and legacy of the most prominent vi- of an icon for people of all races—Mrs. during a difficult struggle for civil rights. sionary for social change in our nation’s his- Coretta Scott King. Mrs. King was one of our In the spirit of Coretta Scott King, let us re- tory, her husband, Dr. Martin Luther King, Jr. most influential black woman leaders in the dedicate ourselves to give all Americans the Their unified mission of peacefully dismantling world today. opportunity and justice they need to meet the the racist foundation of America would change The ‘‘first lady’’ of the civil rights movement challenges of today. Through perseverance the course of our Nation forever. was born Coretta Scott in Heiberger, Alabama.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 644 CONGRESSIONAL RECORD—HOUSE February 1, 2006 She was raised on the family farm of her par- Members may have 5 legislative days tleman from Texas (Mr. POE) is recog- ents where she was exposed to the injustices within which to revise and extend their nized for 5 minutes. of a segregated society. remarks and include extraneous mate- Mr. POE. Mr. Speaker, our border is Mrs. King excelled at her studies, particu- rial on House Resolution 655. being held hostage by the lawless that larly music, and was valedictorian of her grad- The SPEAKER. Is there objection to roam the murky river banks of the Rio uating class at Lincoln High School. She grad- the request of the gentleman from Wis- Grande. uated in 1945 and received a scholarship to consin? Just last week along the Texas-Mex- Antioch College in Yellow Springs, Ohio. There was no objection. ico border, about 50 miles east of El As an undergraduate, she took an active in- f Paso, Texas lawmen faced off with out- terest in the civil rights movement; she joined laws dressed as Mexican army soldiers. the Antioch chapter of the NAACP, and the ANNOUNCEMENT BY THE SPEAKER These criminals attempted to flee college’s Race Relations and Civil Liberties The SPEAKER. The Chair desires to Texas State authorities. U.S. law en- Committees. She graduated from Antioch with make an announcement. forcement authorities were met with a B.A. in music and education and won a The House has adopted a revision to camouflaged military-style Humvees scholarship to study concert singing at New the rule regarding the admission to the with .50-caliber machine guns, forcing England Conservatory of Music in Boston, floor and the rooms leading thereto. an armed standoff along these dan- Massachusetts. Clause 4 of rule IV provides that a gerous banks of the rugged Rio Grande. In Boston she met a young theology stu- former Member, Delegate or Resident The Mexican government has claimed dent, Martin Luther King, Jr., and her life was Commissioner or a former Parliamen- that these so-called soldiers were actu- changed forever. tarian of the House, or a former elected ally drug smugglers. Fortunately, who- Mr. Speaker, Mrs. King has been described officer of the House or a former minor- ever they were, their criminal intent as quiet, steady, and courageous and while all ity employee nominated as an elected was foiled because U.S. border officials, of that may be true let it be noted to add officer of the House shall not be enti- even though they were outgunned, steadfast and certainly noble. tled to the privilege of admission to tracked the smugglers and the outlaws Mrs. King was a serious thinker, a com- the Hall of the House and the rooms ex- until they quickly fled back into Mex- mitted activist, a talented musician and an out- tending thereto if he or she is a reg- ico after the initial standoff. These spoken woman whose influence and activism istered lobbyist or an agent of a foreign outlaws left behind nearly a ton of extended well beyond the career of her fa- principal; has any direct personal pecu- marijuana after they set one of their mous husband. niary interest in any legislative meas- Mrs. King undoubtedly became a symbol of own vehicles ablaze. Mexican officials ure pending before the House, or re- racial equality for all Americans. For a woman are denying that these men were mem- ported by a committee; or is in the em- of her stature, rearing four little children when bers of the Mexican army, claiming it ploy of or represents any party, organi- there was civil unrest, and to have suffered is quite easy to buy Mexican military zation for the purpose of influencing, the loss of her husband sent a clear message uniforms in local stores. But, of course, directly or indirectly, the passage, de- to this Nation that the movement was too pow- Mr. Speaker, we do not know the truth feat, or amendment of any legislative erful to stop and must go on. about that statement. Just like the late Mrs. Jacqueline Kennedy, proposal. This incident is not the first either. Mrs. Coretta Scott King showed us how to This restriction extends not only to In November the U.S. border patrol meet personal crisis with courage, and then the House floor but adjacent rooms, chased criminals in a dump truck full how to transcend crisis with victory. the cloakrooms and the Speaker’s of marijuana in the same area until it Although, I had never had the pleasure of lobby. got stuck in the Rio Grande River on meeting Mrs. King, I too share her husband’s Clause 4 of rule IV also allows the its way back to Mexico. As Border Pa- vision of peace and brotherhood as a steady Speaker to exempt ceremonial and edu- trol agents sought to unload the three theme that should be heard all across this Na- cational functions from the restric- tons of marijuana from the truck, the tion. tions of this clause. These restrictions driver, who had initially fled, returned Mr. Speaker, history has a way of placing shall not apply to attendance at joint with an army of heavily armed men women like Coretta Scott King in the shadows meetings or joint sessions, Former wearing, yes, that is correct, Mexican of their powerful husbands but it is time we re- Members’ Day proceedings, educational military uniforms carrying military- member them as more than civil-rights-move- tours, and other occasions as the style weapons. The army of thugs ment wives and widows. Speaker may designate. backed the agents away and then bull- I once heard someone say that behind Members who have reason to know dozed their own truck back into Mex- every good man stands a good woman, but I that a person is on the floor incon- ico, this safe haven for drug dealers. say to you and to this Nation that beside every sistent with clause 4 of rule IV should And the war for the border is not just great man stands an even greater woman. notify the Sergeant at Arms promptly. taking place above ground. This month Mr. Speaker, her’s was a remarkable life, f in California officials have stumbled and along the way she helped improve the upon four underground tunnels that b 1800 lives of millions. While we mourn her lose, we lead from Mexico into the United must celebrate her legacy—now recognized SPECIAL ORDERS States. Just last Thursday authorities with that of her husband. The SPEAKER pro tempore (Mr. spent the day removing an estimated Mr. SENSENBRENNER. Mr. Speak- BOUSTANY). Under the Speaker’s an- two tons of marijuana from a tunnel er, I yield back the balance of the time. that began inside a warehouse in Ti- The SPEAKER. All time for debate nounced policy of January 4, 2005, and under a previous order of the House, juana, Mexico near their airport and has expired. ended up in a vacant industrial build- Pursuant to the order of the House of the following Members will be recog- ing on the American side. The 2,400- Tuesday, January 31, 2006, the resolu- nized for 5 minutes each. foot tunnel was about 5 feet wide and tion is considered read, and the pre- f high enough for an adult to stand. The vious question is ordered on the resolu- BORDER INSURGENTS tion and the preamble. floor was cement and there was elec- The question is on the resolution. Mr. POE. Mr. Speaker, I ask unani- tricity and ventilation. Customs offi- The resolution was agreed to. mous consent to claim the time of the cials have described the tunnel as A motion to reconsider was laid on gentleman from Indiana (Mr. BURTON). longer and much more massive than the table. The SPEAKER pro tempore. Is there the other smuggling tunnels discovered f objection to the request of the gen- since September 11, 2001. tleman from Texas? Mr. Speaker, this is an issue of na- GENERAL LEAVE There was no objection. tional security. If these drug cartels Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Under a are so boldly bringing drugs across our er, I ask unanimous consent that all previous order of the House, the gen- borders through these tunnels, what is

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 645 to prevent them from using these same mine safety to be grilled during a com- stem cells and cord blood stem cells tunnels to smuggle terrorists and hu- mittee hearing held in the other body are proven to be highly efficacious in mans as well? We cannot ignore this just last month, yet to remain so aloof human applications, in treating human issue. and so deficient in meeting their mis- diseases, and that embryonic stem In early January, Customs and Bor- sion and mandate just boggles the cells, on the other hand, not only have der Protection border patrol agents of mind. It defies logic. It smacks of cal- they never been successfully used in a Brewster County, Texas seized over $2 lous disregard. It is inhumane. It is inhuman clinical trial, and you cannot million worth of cocaine from three excusable. show me one research article where an Mexican nationals carrying the drugs Just this morning the West Virginia embryonic stem cell has been used to in backpacks into the United States. congressional delegation introduced re- help a human being, they have not These narcoterrorists make money be- medial legislation to force the issue, to really been shown to be very effica- cause of the lack of border security in compel the Federal agency in charge to cious even in animals. We do not today the United States. And, Mr. Speaker, do its job, to enforce the coal mine and have a good animal model of an animal these drug dealers are serious. Federal health safety standards of this Nation. disease, say, an animal model of diabe- officials have recently warned U.S. bor- This initiative is high priority for us. tes, where embryonic stem cells have der patrol agents that they could be The shame is that it now comes on the been successfully used to cure those the targets of assassins hired by immi- tears of even more grieving families animals, whereas that has been done grant smugglers. According to a memo and this sudden and unexpected depar- with adult stem cells in the case of dia- from Homeland Security, ‘‘Unidenti- ture of two more coal miners. Why is it betes in mice. It was done years ago, as fied Mexican alien smugglers are angry that every Federal coal mine health a matter of fact. They tried to do that about the border security along the and safety law we have on the books is with embryonic stem cells and it U.S.-Mexico border and have agreed written with the blood of coal miners? failed. that the best way to deal with U.S. bor- The status quo is unacceptable. It is And what is very significant is this der patrol agents is to hire a group of totally unacceptable. It must change. article just published in the Journal of contract killers.’’ Well, it is time for us I now call on the Mine Safety and the American Medical Association, to get angry as well and come up with Health Administration to do its duty they had some 50 patients, almost, en- the best way to deal with them. and respond immediately to the re- rolled in a study, and they used adult We are fighting a serious insurgency quest the Governor of West Virginia stem cell treatments for what we call along our borders, and we must stop just made in a press conference. Send refractory or basically untreatable sys- this lawless out-of-control invasion. additional assistance to my State to temic lupus erythematosus. Our border is critically and visibly vul- allow the Mine Safety and Health Ad- Systemic lupus is a terrible disease. nerable. What is it going to take for us ministration to do its job. Conduct a It affects 1.5 million Americans. Ninety to figure this out? It is chilling to massive and comprehensive safety in- percent of them are women. It is also a think what may be next. Will it be a spection of our mines. We must put an disease that is very common in minori- shootout on the Rio Grande River? end to this continuing nightmare. ties, two to three times more prevalent We must win this battle for our bor- f in minorities. The traditional treat- ders. We must win the battle for Amer- ment has not changed for 40 years. We ADULT STEM CELL TRANSPLAN- ican sovereignty. We must win the bat- have not had a new drug for this, and it TATION FOR SYSTEMIC LUPUS tle against the lawlessness that has in- is typically the use of what we call ERYTHEMATOSUS vaded our country before Americans glucocorticords or steroids and other pay for this lawless behavior of others. Mr. WELDON of Florida. Mr. Speak- immunosuppressive drugs, some of the That is just the way it is. er, I ask unanimous consent to claim drugs that we use for cancer. Very sig- f the time of the gentleman from North nificant side effects. No new drugs in 40 Carolina (Mr. JONES). years. And it can lead to very, very se- COAL MINE SAFETY The SPEAKER pro tempore. Is there rious complications, to include renal Mr. RAHALL. Mr. Speaker, I ask objection to the request of the gen- failure and to have to go on dialysis. unanimous consent to take my Special tleman from Florida? And of this group, 48 people enrolled, Order at this time. There was no objection. they cured, cured, 33 people. No disease The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a symptoms, published in the Journal of objection to the request of the gen- previous order of the House, the gen- the American Medical Association’s tleman from West Virginia? tleman from Florida (Mr. WELDON) is flagship JAMA. Richard K. Burt is the There was no objection. recognized for 5 minutes. lead author. There are about The SPEAKER pro tempore. Under a Mr. WELDON of Florida. Mr. Speak- 10different authors. Burt is at the Uni- previous order of the House, the gener, I rise to address the House regard- versity of Chicago. I know about his tleman from West Virginia (Mr. ing a recent article just published in work. I went there to see this guy RAHALL) is recognized for 5 minutes. the Journal of the American Medical years ago because he was doing so Mr. RAHALL. Mr. Speaker, I rise in Association. many innovative things and using anger and outrage. This very afternoon As my colleagues know, I practiced adult stem cells, and he has cured 33 two more coal miners perished in my medicine for about 15 years before my people. Some of them they have been home State of West Virginia in Boone election to the House in 1994 and I con- following as long as 7 years, disease County in separate unrelated incidents. tinue to see patients about once a free. This comes on the heels of the 14 coal month at the veterans clinic in my Mr. Speaker, this has never been miners in West Virginia who tragically congressional district. And juggling done before where they can actually died in two mines just last month. the burdens of my congressional posi- take somebody with severe lupus, and The death toll must stop. This is tion, I continue to try to read the med- the only people they can typically get scandalous. The leadership, if I may ical literature. And one of the journals enrolled in these clinical trials are the use that word, of the Federal regu- that I take is the Journal of the Amer- bad ones that are not responding to latory authority charged with coal ican Medical Association. And I have drugs. So these are the worst cases. mine safety, the Mine Safety and been engaged in an ongoing debate in They are not responding to drugs. Health Administration, has apparently this body regarding the potential use- Adult stem cell transplants, and he has completely abdicated its responsibility fulness of embryonic stem cells versus cured 33 of 48 patients. under this administration. adult stem cells, and I have been advo- Just another point to make that For the national spotlight to be cating the position that the medical adult stem cells are showing tremen- turned on coal mine safety just last literature and the scientific literature dous clinical promise. In this par- month, for those responsible for coal is replete with evidence that adult ticular medical group at the University

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 646 CONGRESSIONAL RECORD—HOUSE February 1, 2006 of Chicago, they have treated about 50 Yet, rather than handle Iran’s nu- for Iran’s youth and women. Addition- different diseases with adult stem clear situation and involvement in Iraq ally, we should consider ‘‘smart sanc- cells. Tremendous promise. Embryonic early and decisively with a sophisti- tions,’’ as well as incentives that would stem cells, on the other hand, no prom- cated policy that also addresses the target Iran’s leadership, avoid harming ise has been shown in humans to date. broader problems posed by the country, the Iranian population and have strong And as well I will reiterate they do not this administration largely relied on international support. For example, we as yet have a good animal model that the Europeans to sort this thing out. should sanction overseas assets of cor- they will ever work. They are prone to As a result, the nuclear situation is rupt leaders. form tumors called teratomas when now an international crisis, and we Also, we should encourage Lebanon they are used in treatment, and there risk having a radical anti-American re- to disarm Hezbollah, which Iran uses to are immune complications. There are a gime armed with nuclear weapons en- reject power. We should limit Iran’s whole host of complications in animals trenched as the dominant power in the ability to disrupt oil and gas supplies while they try to use them. Middle East. and increase energy prices. This in- So I wanted to bring all my col- We simply cannot let this happen. cludes reducing the vulnerability of leagues up to date on this very impor- Iran must not acquire a nuclear weap- Middle Eastern energy resources to Ira- tant piece of research. It is good news on. It must respect Iraq’s sovereignty, nian-backed terrorist attacks and de- for Americans with lupus who are not and it must become a constructive creasing U.S. reliance on such re- responding to drugs. Stem cells work. member of the international commu- sources. But it is adult stem cells, not embry- nity. While cooperation with our allies We simply cannot allow Iran to onic stem cells. and strategic partners is critical, the emerge as the real winner in the war in f U.S. must take the lead here. The Iraq. This must be a top bipartisan pri- agreement brokered by Secretary Rice ority. IRAN this week to report Iran to the U.N. Se- f The SPEAKER pro tempore. Under a curity Council is encouraging, but ac- ECONOMIC RESULTS SPEAK FOR previous order of the House, the gen- tion by the council is uncertain and THEMSELVES tleman from Missouri (Mr. SKELTON) is may not resolve the nuclear crisis or recognized for 5 minutes. much else. The administration must Ms. FOXX. Mr. Speaker, I ask unani- Mr. SKELTON. Mr. Speaker, thou- put forth the necessary plan, and Con- mous consent to take the time of Mr. sands of Americans have lost their gress must do its part. Today, the MACK. lives and billions of U.S. dollars have House Armed Services Committee held The SPEAKER pro tempore. Is there been spent in the war in Iraq. This war a hearing on this matter and will do objection to the request of the gentle- has dangerously overstretched our more. woman from North Carolina? military and preoccupied our country There are no simple answers or easy There was no objection. for almost 3 years now, and it still has solutions, but one thing is clear: the The SPEAKER pro tempore. Under a no end in sight. administration, with Congress, must be previous order of the House, the gentle- And after all this, what a tragedy and more engaged and must get this right. woman from North Carolina (Ms. FOXX) disaster it will be if the real winner in Other countries will be closely watch- is recognized for 5 minutes. this war is not the Iraqi people nor a ing this situation, and there are seri- Ms. FOXX. Mr. Speaker, I first want more secure and democratic Middle ous implications for the security of our to commend the gentleman from Flor- East but rather Iran, a country that Nation, stability in the Middle East ida (Mr. WELDON) for bringing this ex- supports terrorism and opposes most of and the nonproliferation regime. citing news about adult stem cell suc- what we stand for. Yet today this pos- We must address the immediate nu- cess to us. Last week, Congresswoman sible scenario is exactly what we face. clear crisis, but we must also account NANCY JOHNSON and I had the oppor- Iran has used our preoccupation in for the complexity of the situation and tunity to visit again Wake Forest Med- Iraq to its advantage. While we have broader, long-term issues involved; and ical Center’s regenerative medicine searched for nonexistent weapons of we must consider all tools at our dis- program, where they are doing some mass destruction in Iraq, Iran has pur- posal. Yet there are limits to what we absolutely wonderful things from adult sued its own nuclear ambitions. Now, can accomplish militarily, and sweep- stem cells, and I hope sometime in the with its decision to resume uranium ing sanctions could cause more harm future soon to bring some information enrichment, Iran is dangerously closer than good. Still, there are many tools about that program. But, Mr. Speaker, tonight I want to to having the capability to produce nu- available that this administration has, talk about some other good news. clear weapons. And press reports today unfortunately, failed to utilize effec- While we were working in our districts link Iran’s supposedly peaceful nuclear tively or at all. for the past month, good economic program to its military work on high Here are some of them: we should ac- news continued to pour in, thanks to explosives and missiles. tively support the IAEA’s efforts. We At the same time, Iran has deeply in- should pursue more focused and vig- the Republicans’ fiscal restraint and sinuated itself in Iraq. It has taken ad- orous diplomacy and encourage China, pro-growth economic agenda. In fact, vantage of Iraq’s porous borders and is Russia, and India to play key roles. We our unemployment rate is lower than supporting anti-American efforts there. should develop necessary human intel- the average of the 1970s, 1980s, and Its goal is to promote a Shiite-domi- ligence capabilities. 1990s; and earlier this month, the Dow nated anti-American state that can We should cultivate U.S. support Jones Industrial Average closed above strengthen Iran’s military, economic among the Iranian population and sub- 11,000 for the first time since the 2001 and political power in the region. stantially increase democracy pro- terrorist attacks. In addition, new- But even before its latest nuclear motion efforts that encourage the pop- home sales reached an all-time high in pursuits and involvement in Iraq, ulation to demand more moderate lead- 2005. Finally, it was just reported that Iran’s actions have been seriously trou- ership. Specifically, we should increase consumer confidence has risen this bling. It has pursued dangerous chem- communication through TV, radio, and month to the highest level since June ical, biological, and ballistic missile the Internet. We should convey a co- of 2002. capabilities; supported terrorists; and ordinated U.S. policy. We should wide- The great economic news flies in the undermined the Middle East peace ly disseminate information about the face of the Democrats’ message of process. regime’s repression and corruption. We doom and gloom. Before the district should provide effective assistance to work period, Republicans passed a Def- b 1815 Iranian dissidents and pro-democracy icit Reduction Act, which was a plan to Amidst all of this, Iran’s leaders have NGOs here in the United States. reform the government and yield sav- escalated their anti-Semitic rhetoric, We should increase cultural, aca- ings for American taxpayers. Fortu- threatening to wipe Israel off the map. demic, and professional opportunities nately, today we passed this bill again,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 647 modified slightly by the Senate; but it spin, misleading rhetoric, and outright STATUS REPORT ON CURRENT was with no support from the Demo- deception. SPENDING LEVELS OF ON-BUDG- crats. Once again, we show that Repub- Of course, he conveniently conflated ET SPENDING AND REVENUES licans are indeed the party of fiscal re- the 9/11 attacks on America with the FOR FY 2006 AND THE 5-YEAR PE- straint. conflict in Iraq, exploiting a national RIOD FY 2006 THROUGH FY 2010 Mr. Speaker, Republicans will con- tragedy for the umpteenth time. He The SPEAKER pro tempore. Under a tinue to push for pro-growth economic talked about the importance of Iraqi previous order of the House, the gen- policies aimed at ensuring that all reconstruction, but did not mention tleman from Iowa (Mr. NUSSLE) is rec- Americans can realize the American that the official in charge of recon- ognized for 5 minutes. I am transmit- Dream. struction says there is not enough ting a status report on the current lev- f funding to complete key projects. He els of on-budget spending and revenues COMMENTS ON THE STATE OF THE said that military commanders on the for fiscal year 2006 and for the five-year UNION ADDRESS ground would make decisions for troop period of fiscal years 2006 through 2010. This report is necessary to facilitate levels, but in 2003 he dismissed the gen- Ms. WOOLSEY. Mr. Speaker, I ask the application of sections 302 and 311 eral who correctly warned that keeping unanimous consent to take the time of of the Congressional Budget Act and the peace in post-war Iraq would re- the gentleman from Oregon (Mr. DEFA- section 401 of the conference report on ZIO). quire hundreds of thousands of troops. the concurrent resolution on the budg- The SPEAKER pro tempore. Is there The President set up this misleading et for fiscal year 2006 (H. Con. Res. 95). objection to the request of the gentle- either/or proposition choice last night: This status report is current through woman from California? you either support his militarism, or January 27, 2006. There was no objection. you believe in ‘‘retreating within our The term ‘‘current level’’ refers to The SPEAKER pro tempore. Under a borders and the false comfort of isola- the amounts of spending and revenues previous order of the House, the gentle- tion.’’ estimated for each fiscal year based on woman from California (Ms. WOOLSEY) laws enacted or awaiting the Presi- This is a false charge. We should ab- is recognized for 5 minutes. dent’s signature. Ms. WOOLSEY. Mr. Speaker, last solutely be engaging the nations of the The first table in the report com- night, Cindy Sheehan was evicted from world, especially ones that are poor, pares the current levels of total budget this Chamber and arrested. Her crime? underdeveloped, and vulnerable to ter- authority, outlays, and revenues with Wearing a T-shirt that highlighted the rorism; but we should be engaging the the aggregate levels set forth by H. number of dead soldiers in Iraq and world with humanitarian support, not Con. Res. 95. This comparison is needed asking, ‘‘How many more?’’ with bombs and missiles. to enforce section 311(a) of the Budget Since when is free speech conditional Yes, by all means, let us meet the Act, which creates a point of order on whether or not you agree with the challenges of the world, where too against measures that would breach President of the United States? In fact, many suffer under economic and polit- the budget resolution’s aggregate lev- isn’t the whole point of the first ical repression. But instead of sending els. The table does not show budget au- amendment to our Constitution to pro- troops, let us send small business thority and outlays for years after fis- tect dissenters? And how ironic is it, loans, let us send agricultural experts, cal year 2006 because those years are Mr. Speaker, that this outrageous sup- let us send doctors, teachers, scientists not considered for enforcement of pression of peaceful protest should and constitutional scholars. Let us en- spending aggregates. take place on the very same day that gage, not invade. The second table compares, by au- America lost one of the pioneers of thorizing committee, the current levels civil disobedience, Coretta Scott King. This has been the core philosophy of of budget authority and outlays for dis- I will say about this episode what I my SMART Security Plan that I have cretionary action with the ‘‘section said about the torture of prisoners, the discussed here many, many times: less 302(a)’’ allocations made under H. Con. PATRIOT Act, and the administra- brawn, more brains; less belligerence, Res. 95 for fiscal year 2006 and fiscal tion’s illegal domestic surveillance more benevolence. years 2006 through 2010. ‘‘Discretionary program: How can we claim to be fight- It is interesting that a President who action’’ refers to legislation enacted ing on behalf of freedom around the has disparaged allies, rejected after the adoption of the budget resolu- world, making the world safe for free- multilateralism, and ignored global tion. This comparison is needed to en- dom, when we are smothering freedom commitments now talks about the dan- force section 302(f) of the Budget Act, here at home? gers of isolation. The only way to pro- which creates a point of order against Let us not forget also that Cindy mote peace and security to combat ter- measures that would breach the sec- Sheehan has given her child for this rorism, to stop the spread of deadly tion 302(a) discretionary action alloca- country and this war. She deserves the weapons is to embrace a vision of glob- tion of new budget authority for the sympathy and gratitude of every Amer- al partnership, cooperation and diplo- committee that reported the measure. ican. No one who sat in this Chamber macy; and that is exactly what the It is also needed to implement section last night has the moral authority she President has failed to do. 311(b), which exempts committees that does to express an opinion on the Bush comply with their allocation from the Iraq policy. He could start by abandoning his vi- point of order under section 311(a). But I might argue that it is actually sion of conquest and bring our troops The third table compares the current a little misleading to classify Ms. home. Only then can we begin the hard levels of the discretionary appropria- Sheehan’s views as ‘‘dissent’’ or ‘‘pro- work of defeating tyranny and ensur- tions for fiscal year 2006 with the ‘‘sec- test,’’ because a majority of Americans ing freedom and ensuring peace around tion 302(b)’’ suballocations of discre- agree with her that the invasion of Iraq the world. tionary budget authority and outlays was a tragic mistake and a majority among Appropriations subcommittees. agrees with her that the President mis- f The comparison is also needed to en- led us about weapons of mass destruc- force section 302(f) of the Budget Act tion intelligence in order to justify this ANNOUNCEMENT BY THE SPEAKER because the point of order under that war. PRO TEMPORE section equally applies to measures The President, meanwhile, represents that would breach the applicable sec- a minority view, and he tried once The SPEAKER pro tempore. The tion 302(b) suballocations as well as the again to sell that minority view to Chair would remind Members to avoid 302(a) allocation. skeptical Americans last night. And improper references toward the Presi- The fourth table gives the current once again he did so by employing a dent or the Vice President. level for 2007 of accounts identified for

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00190 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 648 CONGRESSIONAL RECORD—HOUSE February 1, 2006 advance appropriations under section REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE $8,948,000,000 (if not already included in the 401 of H. Con. Res. 95. This list is need- BUDGET—STATUS OF THE FISCAL YEAR 2006 CON- current level estimate) would cause FY 2006 ed to enforce section 401 of the budget GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 95— budget authority to exceed the appropriate resolution, which creates a point of Continued level set by H. Con. Res. 95. order against appropriation bills or [Reflecting action completed as of January 27, 2006—On-budget amounts, OUTLAYS amendments thereto that contain ad- in millions of dollars] Enactment of measures providing new outlays for FY 2006 in excess of $379,000,000 (if vance appropriations that are: (i) iden- Fiscal years— tified in the statement of managers or not already included in the current level es- 2006 2006–2010 timate) would cause FY 2006 outlays to ex- (ii) would cause the aggregate amount ceed the appropriate level set by H. Con. Res. 1 of such appropriations to exceed the Outlays ...... 2,161,420 ( ) 95. level specified in the resolution. Revenues ...... 1,589,892 9,080,006 Current Level: REVENUES Budget authority ...... 2,135,436 (1) REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE Outlays ...... 2,161,041 (1) Enactment of measures that would reduce Revenues ...... 1,607,178 9,176,057 revenue for FY 2006 in excess of $17,286,000,000 BUDGET—STATUS OF THE FISCAL YEAR 2006 CON- Current Level over (+)/under(¥) Appropriate Level: (if not already included in the current level GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 95 Budget authority ...... ¥8,948 (1) estimate) would cause revenues to fall below ¥ 1 [Reflecting action completed as of January 27, 2006—On-budget amounts, Outlays ...... 379 ( ) the appropriate level set by H. Con. Res. 95. in millions of dollars] Revenues ...... 17,286 96,051 Enactment of measures resulting in rev- 1 Not applicable because annual appropriations acts for fiscal years 2007 enue reduction for the period of fiscal years Fiscal years— through 2010 will not be considered until future sessions of Congress. 2006 through 2010 in excess of $96,051,000,000 2006 2006–2010 BUDGET AUTHORITY (if not already included in the current level Appropriate Level: Enactment of measures providing new estimate) would cause revenues to fall below Budget authority ...... 2,144,384 (1) budget authority for FY 2006 in excess of the appropriate levels set by H. Con. Res. 95. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a), ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF JANUARY 27, 2006 [Fiscal Years, in millions of dollars]

2006 2006–2010 total House Committee BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Armed Services: Allocation ...... 0 0 0 0 Current level ...... ¥23 ¥24 ¥57 ¥64 Difference ...... ¥23 ¥24 ¥57 ¥64 Education and the Workforce: Allocation ...... 100 100 500 500 Current level ...... ¥12 ¥25 28 33 Difference ...... ¥112 ¥125 ¥472 ¥467 Energy and Commerce: Allocation ...... 100 100 2,000 2,000 Current level ...... 141 231 2,283 2,240 Difference ...... 41 131 283 240 Financial Services: Allocation ...... 0 0 0 0 Current level ...... 2,210 2,210 3,356 3,356 Difference ...... 2,210 2,210 3,356 3,356 Government Reform: Allocation ...... 50 50 50 50 Current level ...... ¥1 ¥1 0 0 Difference ...... ¥51 ¥51 ¥50 ¥50 House Administration: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 International Relations: Allocation ...... 0 0 0 0 Current level ...... ¥25 ¥25 ¥27 ¥27 Difference ...... ¥25 ¥25 ¥27 ¥27 Judiciary: Allocation ...... 6 6 6 6 Current level ...... 0 0 0 0 Difference ...... ¥6 ¥6 ¥6 ¥6 Resources: Allocation ...... 8 8 50 50 Current level ...... 0 2 1 3 Difference ...... ¥8 ¥6 ¥49 ¥47 Science: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: Allocation ...... 3,027 0 4,107 0 Current level ...... 4,195 412 37,125 1,271 Difference ...... 1,168 412 33,018 1,217 Veterans’ Affairs: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Ways and Means: Allocation ...... 350 346 1,537 1,914 Current level ...... 705 720 311 373 Difference ...... 355 374 ¥1,226 ¥1,541

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00191 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 649 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2006—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of No- Current level reflecting action Current level minus suballoca- Appropriations Subcommittee vember 2, 2005 (H. Rpt. 109–264) completed as of January 27, 2006 tions BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 17,088 18,691 16,777 18,590 ¥311 ¥101 Defense ...... 403,280 372,696 357,823 374,803 ¥45,457 2,107 Energy & Water Development ...... 30,495 30,273 30,189 30,498 ¥306 225 Foreign Operations ...... 20,937 25,080 20,700 25,130 ¥237 50 Homeland Security ...... 30,846 33,233 30,258 32,980 ¥588 ¥253 Interior-Environment ...... 26,159 27,500 25,891 28,600 ¥268 1,100 Labor, HHS & Education ...... 142,514 143,802 141,218 143,285 ¥1,296 ¥517 Legislative Branch ...... 3,804 3,804 3,766 3,777 ¥38 ¥27 Military Quality of Life-Veterans Affairs ...... 44,143 81,634 85,467 75,487 41,324 ¥6,147 Science-State-Justice-Commerce ...... 57,854 58,856 57,208 58,148 ¥646 ¥708 Transportation-Treasury-HUD-Judiciary-DC ...... 65,900 120,837 64,135 120,864 ¥1,765 27 Unassigned ...... 0 430 0 0 0 ¥430 Total (Section 302(a) Allocation) ...... 843,020 916,836 833,432 912,162 ¥9,588 ¥4,674

Statement of FY2007 advance appropriations the fiscal year 2006 budget and is current Labor, HHS, Education, and Related Agen- under section 401 of H. Con. Res. 95, reflecting through January 27, 2006. This report is sub- cies Appropriations Act, 2006 (Public Law action completed as of January 27, 2006 mitted under section 308(b) and in aid of sec- 109–149); [In millions of dollars] tion 311 of the Congressional Budget Act, as amended. Second Higher Education Extension Act of Budget Authority The estimates of budget authority, out- 2005 (Public Law 109–150); Appropriate Level ...... 23,158 Current Level: lays, and revenues are consistent with the Employee Retirement Preservation Act technical and economic assumptions of H. Elk Hills ...... 0 (Public Law 109–151); Employment and Training Con. Res. 95, the Concurrent Resolution on Administration ...... 2,463 the Budget for Fiscal Year 2006. Pursuant to TANF and Child Care Continuation Act of Education for the Disadvan- section 402 of that resolution, provisions des- 2005 (Public Law 109–161); ignated as emergency requirements are ex- taged ...... 7,383 National Defense Authorization Act of Fis- empt from enforcement of the budget resolu- School Improvement ...... 1,435 cal Year 2006 (Public Law 109–163); and Children and Family Services tion. As a result, the enclosed current level (Head Start) ...... 1,389 report excludes these amounts (see footnote United States-Bahrain Free Trade Agree- Special Education ...... 5,424 2 of the report). ment Implementation Act (Public Law 109– Vocational and Adult Edu- Since my last letter, dated December 13, 169). cation ...... 791 the Congress has cleared and the President Payment to Postal Service .... 73 has signed the following acts that affect The effects of the action listed above are Section 8 Renewals ...... 4,200 budget authority, outlays, or revenues for detailed in the enclosed report. Shipbuilding and Conversion, fiscal year 2006: Sincerely, Navy ...... 0 Valles Caldera Preservation Act of 2005 DONALD B. MARRON, Total ...... 23,158 (Public Law 109–132); Acting Director. Naval Vessels Transfer Act of 2005 (Public Enclosure. Current Level over (+)/ under (-) 0 Law 109–134); Appropriate Level An act to provide certain authorities to U.S. CONGRESS, the Department of State (Public Law 109– CONGRESSIONAL BUDGET OFFICE, 140); Washington, DC, February 1, 2006. Terrorism Risk Insurance Extension Act of Hon. JIM NUSSLE, 2005 (Public Law 109–144); Chairman, Committee on the Budget, House of Department of Defense, Emergency Sup- Representatives, Washington, DC. plemental Appropriations to Address Hurri- DEAR MR. CHAIRMAN: The enclosed report canes in the Gulf of Mexico, and Pandemic shows the effects of Congressional action on Influenza Act, 2006 (Public Law 109–148); FISCAL YEAR 2006 HOUSE CURRENT LEVEL REPORT AS OF JANUARY 27, 2006 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions:1 Revenues ...... n.a. n.a. 1,607,650 Permanents and other spending legislation ...... 1,346,313 1,314,358 n.a. Appropriation legislation ...... 0 382,272 n.a. Offsetting receipts ...... ¥479,872 ¥479,872 n.a. Total, enacted in previous sessions: ...... 866,441 1,216,758 1,607,650 Enacted this session: Authorizing Legislation: TANF Extension Act of 2005 (P.L. 109–19) ...... 148 165 0 An act approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2005 (P.L. 109–39) ...... 0 0 ¥1 Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (P.L. 109–53) ...... 27 27 ¥3 Energy Policy Act of 2005 (P.L. 109–58) ...... 141 231 ¥588 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109–59) ...... 3,444 36 9 National Flood Insurance Program Enhanced Borrowing Authority Act of 2005 (P.L. 109–65) ...... 2,000 2,000 0 Pell Grant Hurricane and Disaster Relief Act (P.L. 109–66) ...... 2 2 0 TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68) 2 ...... 102 105 0 Natural Disaster Student Aid Fairness Act (P.L. 109–86) ...... 36 18 0 Community Disaster Loan Act of 2005 (P.L. 109–88)2 ...... 751 376 0 QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005 (P.L. 109–91) ...... 354 341 0 An act to extend the special postage stamp for breast cancer research for 2 years (P.L. 109–100) ...... ¥1 ¥1 0 Valles Caldera Preservation Act of 2005 (P.L. 109–132) ...... 0 2 0 Naval Vessels Transfer Act of 2005 (P.L. 109–132) ...... ¥26 ¥26 0 An act to provide certain authorities to the Department of State (P.L. 109–140) ...... 1 1 0 Terrorism Risk Insurance Extension Act of 2005 (P.L. 109–144) ...... 210 210 0 Second Higher Education Extension Act of 2005 (P.L. 109–150) ...... ¥50 ¥45 0 Employee Retirement Preservation Act (P.L. 109–151) ...... 0 0 ¥2 TANF and Child Care Continuation Act of 2005 (P.L. 109–161) ...... 73 81 0 National Defense Authorization Act for Fiscal Year 2006 (P.L. 109–163) ...... ¥23 ¥24 0 United States-Bahrain Free Trade Agreement Implementation Act (P.L. 109–169) ...... 1 1 ¥20 Appropriations Acts: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) 2 ...... ¥39 ¥21 11 Interior Appropriations Act, 2006 (P.L. 109–54) ...... 26,211 17,301 122 Legislative Branch Appropriations Act, 2006 (P.L. 109–55) ...... 3,804 3,185 0

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Budget authority Outlays Revenues

Homeland Security Appropriations Act, 2006 (P.L. 109–90) ...... 31,860 19,306 0 Agriculture Appropriations Act, 2006 (P.L. 109–97) ...... 99,262 57,294 0 Foreign Operations Appropriations Act, 2006 (P.L. 109–102) ...... 20,979 8,164 0 Energy and Water Appropriations Act, 2006 (P.L. 109–103) ...... 30,459 19,604 0 Science, State, Justice, Commerce Appropriations Act, 2006 (P.L. 109–108) ...... 58,210 35,763 0 Military Quality of Life and VA Appropriations Act, 2006 (P.L. 109–114) 2 ...... 83,519 67,294 0 Transportation, Treasury, HUD Appropriations Act, 2006 (P.L. 109–115) ...... 81,149 69,465 0 Defense and Emergency Supplemental Appropriations Act, 2006 (P.L. 109–148) 2 ...... 393,349 273,692 0 Labor, HHS, and Education Appropriations Act, 2006 (P.L. 109–149) 505,060 370,483 0 Total, enacted this session: 1,341,013 945,030 ¥472 Entitlements and mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... ¥72,018 ¥747 n.a. Total Current Level 23 ...... 2,135,436 2,161,041 1,607,178 Total Budget Resolution ...... 2,144,384 2,161,420 1,589,892 Current Level Over Budget Resolution ...... n.a. n.a. 17,286 Current Level Under Budget Resolution ...... 8,948 379 n.a. Memorandum: Revenues, 2006–2010 House Current Level ...... n.a. n.a. 9,176,057 House Budget Resolution ...... n.a. n.a. 9,080,006 Current Level Over Budget Resolution ...... n.a. n.a. 96,051 Current Level Under Budget Resolution ...... n.a. n.a. n.a. 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution of the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the current level excludes the following amounts:

Budget Authority Outlays Revenues

Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) ...... 0 30,757 0 Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From Hurricane Katrina, 2005 (P.L. 109–61) ...... 0 7,750 0 Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From Hurricane Katrina, 2005 (P.L. 109–62) ...... 0 21,841 0 TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68) ...... 200 245 0 Katrina Emergency Tax Relief Act of 2005 (P.L. 109–73) ...... 128 128 ¥3,191 Community Disaster Loan Act of 2005 (P.L. 109–88) ...... ¥751 0 0 National Flood Insurance Program Further Enhanced Borrowing Authority Act of 2005 (P.L. 109–106) ...... 15,000 14,000 0 Military Quality of Life and VA Appropriations Act, 2006 (P.L. 109–114) ...... 1,225 1,103 0 Gulf Opportunity Zone Act of 2005 (P.L. 109–135) ...... 27 27 ¥3,920 Defense and Emergency Supplemental Appropriations Act, 2006 (P.L. 109–148) ...... 59,152 36,572 0

Total, enacted emergency requirements: 74,981 112,423 ¥7,111 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. h

VACATING 5-MINUTE SPECIAL cost of gasoline. Small business people We can provide funds for infrastruc- ORDER can’t afford to pay their bills. But they ture; just put the pumps in the ground. The SPEAKER pro tempore. Without don’t want to have to wait until 2025 I can buy the vehicles in Detroit today. objection, the 5-minute Special Order for a solution after you have been out I can’t get the fuel in my own district. of the gentleman of New Jersey (Mr. of office for nearly two decades. PALLONE) is vacated. The United States consumes over $7 b 1830 There was no objection. billion worth of imported petroleum, We landed a man on the Moon in 10 f most of it from very undemocratic years. A man on the Moon. And yet we THE NEED FOR ENERGY places. You called them ‘‘unstable’’ cannot get pumps in the ground across INDEPENDENCE last night. They are more than unsta- America. We lay tar and concrete all ble. They are undemocratic, Saudi Ara- over the country. Let us get serious. The SPEAKER pro tempore. Under a bia being the premier country. previous order of the House, the gentle- The 2002 farm bill contained the first- Now, Mr. President, you are in the woman from Ohio (Ms. KAPTUR) is rec- ever energy title. I know, we wrote it. ognized for 5 minutes. sixth year of your Presidency. Four Have we had any support from the ad- Ms. KAPTUR. Mr. Speaker, last years ago you claimed to offer an en- ministration? So small, it is almost night we heard the President say some- ergy plan in this book that had 103 rec- embarrassing. In 2004 the administra- thing that has been repeated on news ommendations. I said then and I say tion recommended cutting the minus- broadcast after news broadcast across now, not a single one of these rec- cule biofuels program operated by the our country: America is addicted to ommendations were directed at new U.S. Department of Agriculture by $70 imported oil. This chart shows that fuels like ethanol and biodiesel, which million. In 2005 by $2 million more. over 30 percent, one-third of what we you referenced last night. It is inter- They have cut the money for the Na- consume, comes just from the Middle esting that you waited until the sixth tional Renewable Energy Labs by over East. Mr. President, thank you for fi- year, the middle of your second term, $46 million in Golden, Colorado. All of nally saying what many of us have to even offer any kind of new energy the pieces of the puzzle that could give been trying to tell you and your ad- program for our country. It kind of us the answer and wean us off this for- ministration and your father’s admin- makes you wonder whether the Bush eign dependence are not part of the istration for the past decade-and-a- administration is really serious. President’s budget proposal. half. Your own Secretary of Defense We must do something now about What are you going to do, Mr. Presi- told me on the record in the Defense America’s chief strategic vulnerability. dent, to recapture lost markets? Think Appropriations Committee that energy We don’t need to wait 20 years; we about this: Exxon yesterday reported independence for America wasn’t his don’t need to wait another decade for extraordinary profits of over $36 bil- job, and yet he runs the largest depart- cellulosic research. In fact, Minnesota lion, the largest corporate profit in ment in your cabinet. moved to a 10 percent ethanol blend, U.S. history. $36 billion. Yet the entire My constituents complain to us daily and we ought to do the very same thing budget of the Department of Energy is about the cost of home heating, the nationally. $23 billion.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00193 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 651 Exxon’s profits are almost double the be a fundamental truth. Mahatma Gan- Oelhoffen wears No. 67 for the Pitts- entire budget of the Department of En- dhi says strength does not come from burgh Steelers. He hails from ergy. How many jobs we could create if physical capacity; it comes from the Kaunakakai, Hawaii, a graduate of that windfall could be put to making indomitable will. Molokai High School. America energy independent here at Lofa Tatupu, Itula Mili, Wayne Hun- Mr. Speaker, on behalf of the Asian- home. ter, Troy Polamalu, Shaun Nua, Chris Pacific American community living in So, Mr. President, we welcome your Kemoeatu, and Kimo von Oelhoffen this great Nation of ours, once more, it interest at long last. We hope it con- epitomize the indomitable will of our is with pride that I share with my col- tinues. Though you are late to the Polynesian people, which in my opin- leagues and indeed with all of my fel- table, do not shortchange the Amer- ion is another clear manifestation of low Americans the accomplishments of ican people. Our national security de- the greatness of our Nation, to allow our Polynesian young men in the field pends on it. its citizens whose roots are from just of sports, specifically football. f about every part of the world to be all Mr. Speaker, again I want to say you can be if given the opportunity. fa‘afetai tele, mahalo nui loa, and malo CONGRATULATIONS TO THE And in this instance, seven Polyne- e lelei, which means ‘‘thank you’’ in SEVEN ASIAN-PACIFIC AMERI- sians have stepped to the plate to share Samoan, Hawaiian, and the Tongan CANS PLAYING IN THIS WEEK’S their God-given talent of playing the languages. SUPER BOWL sport of football in the National Foot- Mr. Speaker, I will insert for the The SPEAKER pro tempore. Under a ball League. RECORD at this point articles on these previous order of the House, the gen- Of the 300 million Americans today, players. tleman from American Samoa (Mr. only 30,000 are Tongan Americans, and [From Sports Illustrated, Nov. 14, 2005] FALEOMAVAEGA) is recognized for 5 about 200,000 are Samoans living in my THE YOUNG AND RELENTLESS minutes. district and in the Continental United VERSATILE, HARD-HITTING AND OOZING CON- Mr. FALEOMAVAEGA. Mr. Speaker, States, and approximately 400,000 Na- FIDENCE, THE NEXT GENERATION OF DEFEN- it is with great pleasure and indeed a tive Hawaiians nationwide. SIVE STARS IS DISRUPTING GAME PLANS AND personal honor for me to share with my From these meager statistics, Mr. CREATING A NEW BLUEPRINT FOR BUILDING colleagues and the American people Speaker, the presence of these seven WINNERS that for myself as a Polynesian of Sa- Polynesian men in the Super Bowl this (By Peter King) moan ancestry and as a Member of the Sunday should remind us all as Ameri- Something hard to quantify hit the NFL in United States Congress, to congratu- cans that the values upon which this the first half of the season. Not quite a late, to recognize and to commend country was founded are still alive; trend, but more than a feeling: Young defen- seven sons of the Asian-Pacific Amer- sive players—rookies, second- and third-year that pure hard work, commitment, de- players—are making a bigger impact than, ican community who will be playing in termination, and perseverance con- well, maybe ever. Super Bowl XL this coming Sunday, at tinue to be rewarded. The Colts are 8–0 and on track for the Detroit, Michigan. Mr. Speaker, let me give you a brief Super Bowl using seven key defensive play- These seven players are Lofa Tatupu, summary of each of those players’ ers who are 25 or younger; Colts defensive Itula Mili, and Wayne Hunter of the achievements. Of the seven players, end Robert Mathis, 24, is tied for the NFL Seattle Seahawks, and Troy Polamalu, Itula Mili and Chris Kemoeatu are sack lead with eight, while linebacker Cato Shaun Nua, Chris Kemoeatu, and Kimo graduates of my alma mater, Kahuku June, 25, is second in the league with five van Oelhoffen of the Pittsburgh Steel- interceptions. The Jets followed middle line- High School in the State of Hawaii. As backer Jonathan Vilma’s young leadership ers. a matter of fact, Mr. Speaker, of the 24 to the playoffs last year, and now two con- Among the seven Polynesian players Samoans that currently play in the Na- tenders—Cincinnati (with Odell Thurman) in this Sunday’s Super Bowl game, tional Football League, five are grad- and Seattle (Lofa Tatupu)—have rookie mid- Kimo von Oelhoffen is Native Hawai- uates of Kahuku High School of Ha- dle ’backers calling defensive signals. In Chi- ian, Chris Kemoeatu is Tongan, and waii, and five are graduates of high cago safety Mike Brown, 27, is the old man of Lofa Tatupu, Itula Mili, Wayne Hunter, schools of my little territory of Amer- a rock-solid secondary for the NFC North- Shaun Nua, and Troy Polamalu are all ican Samoa. leading Bears. None of his fellow starters Samoans. (cornerbacks Charles Tillman and Nathan Itula Mili wears jersey No. 88 and Vasher and rookie safety Chris Harris) has Mr. Speaker, this is a monumental plays for the Seattle Seahawks. Wayne turned 25 yet. Five rookies are playing in achievement in the history of our Poly- Hunter wears jersey No. 73 and plays Cowboys defensive coordinator Mike Zim- nesian people in this great country of for the Seattle Seahawks. Lofa Tatupu mer’s rotation, helping Dallas contend in the ours. These young men exemplify for wears the jersey of 51 and plays for the resurgent NFC East. The most accomplished me a journey of our people, particu- Seattle Seahawks. Lofa is the son of of the young bunch, and certainly the most larly those of us who come to this the former NFL great fullback and spe- recognizable, may be Steelers safety Troy country from humble beginnings as cial teams great and my dear friend, Polamalu (page 44), who in just three seasons people of small island nations, with has become a force in the league, ranging all Mosi Tatupu, both alumni of the Uni- over the field, hair flowing as he delivers nothing but our values, our culture and versity of Southern California Trojans. game-changing plays. our great fear of God to navigate the Wearing No. 43 with the Pittsburgh ‘‘I see it every week, right in front of me,’’ great highways of our Nation. Steelers is Troy Polamalu. Polamalu says Chiefs defensive coordinator Gunther Today, Mr. Speaker, I am especially has developed into one of the NFL’s top Cunningham. ‘‘The league is changing. First- proud of these young men, give tremen- safeties and was one of the six Steelers day draft picks are coming in and making an dous credit to their parents and ex- selected to the 2005 Pro Bowl. He has impact early on defense.’’ tended families. It is a pride that been selected to the 2006 Pro Bowl ‘‘If you’re good, you’re good,’’ says Till- man, 24, an intelligent third-year player who comes from a deep understanding that team. He was named to the Associated has started since October of his rookie year. great feats are accomplished through a Press second team all pro squad as a fe- ‘‘LeBron James was—what?—18 when he dedication to basic hard work, perse- rocious hitter with excellent speed. came into the NBA. Michelle Wie’s playing verance, determination, and a lot of pa- Twenty-four-year-old No. 96, Shaun with the best at 16. No one said, ‘Oh, she’s tience. Each of these young men have Nua, plays for the Pittsburgh Steelers. too young.’ Football’s not old school any- had to overcome great obstacles to be Born in American Samoa, he attended more, where you sit till you’re a senior in where he is today. a local high school. He is known as an college, then get to play, then sit for two or Such a feat reminds me of the wis- athletic defensive lineman. three years before you get your chance in the NFL. When I came to camp as a rookie, dom of one of my great heroes, the Chris Kemoeatu wears jersey No. 68 it was all about who was the best guy.’’ nonviolent leader, Mahatma Gandhi, for the Pittsburgh Steelers, Kahuku The philosophy of building a defense with whose insight into the human spirit high School graduate, All American star free agents and supplementing them sums up quite frankly what I believe to University of Utah. Komo von with meat and potatoes in the draft began to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00194 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 652 CONGRESSIONAL RECORD—HOUSE February 1, 2006 wane in the late ’90s, after several high-pro- standing upright. Manning was so undone he standing tackler, and on top of that he’s a file mistakes. In 1998 Jacksonville gave line- complained afterward that his teammates very instinctive player.’’ backer Bryce Paup a five-year, $21.8-million simply couldn’t protect him. He also studies more than most. After the deal, and he gave the Jags 71⁄2 sacks in two There was more of the same 10 days ago in 2004 season, Polamalu watched more than 20 years before being cut. That same year cor- the AFC title game, when the Steelers forced hours of tape of the NFL’s top safeties, in- nerback Doug Evans (Carolina), defensive Broncos quarterback Jake Plummer into cluding his role model, New England safety end Gabe Wilkins (San Francisco) and defen- four turnovers—two interceptions and two Rodney Harrison, as well as Denver’s John sive tackle Dana Stubblefield (Washington) fumbles under a particularly heavy rush—in Lynch and Dallas’s Roy Williams. signed for a combined $79 million; they made Pittsburgh’s upset at Denver’s Invesco Field. Last year at the Pro Bowl, Polamalu zero Pro Bowls for those teams. In ’99 Dale In all three playoff victories, the Steelers played on the AFC team with Lynch and Carter signed a six-year, $38 million deal and stuffed their opponent’s running game, made sought some one-on-one tutoring. gave Denver one lousy season on the field offenses become one-dimensional and took ‘‘Early in the week, he came up to me and and a second in which he was suspended for early leads, allowing their defense even more said, ‘Any way I could pick your brain and if substance abuse. latitude to create mayhem—and perhaps a you don’t mind spend some time with you?’ ’’ ‘‘Money can make fools of all of us,’’ says little panic, as well. Lynch told the Rocky Mountain News. ‘‘I re- Chargers coach Marty Schottenheimer. ‘‘First of all, they have great athletes,’’ spect that out of young players. The guy is ‘‘There’ve been some lessons learned from Seattle Coach Mike Holmgren said Tuesday. committed to the game of football and obvi- free agency. And I’ve changed a little bit ‘‘They have the kind of players who can exe- ously is a tremendous talent. He makes their when it comes to the draft. I used to say cute what they ask them to do. You have to defense go.’’ draft a guy and let him sit till he learns it, have the right people to run the schemes. In And blitz. But it isn’t enough to merely maybe two or three years. Now, the last five Pittsburgh’s case, when they blitz the line- blitz. A team must disguise its blitzing pack- or six years, they’ve got to produce in year backer, that linebacker is really good at ages, and Polamalu is particularly adept at two and three.’’ blitzing. We’ve all seen teams that blitz and coming up to the line of scrimmage as if The first five picks in last April’s draft the blitzer runs right into the blocker. It’s planning to rush the passer, then wheeling were offensive players, but 34 of the next 59 an awesome collision, but he never gets and turning his back on the offense as if to were defenders. And there’s no question that home. Their players are physical, but they go back into coverage. Then he does another the bigger impact has been made by the de- also have enough wiggle and speed to make whirl at the snap of the ball and heads back fensive rookies, led by Thurman, San Diego’s it very, very difficult.’’ toward the quarterback. Luis Castillo and Shawne Merriman, and The Steelers operate out of a 3–4 align- Porter also earned a trip to the Pro Bowl Dallas’s Demarcus Ware—any of whom could ment—three down linemen and four line- this year with his own disruptive tactics, make the Pro Bowl this season. backers. The front three linemen—end Aaron and will try to do the same this week against Says Tennessee director of pro scouting Al Smith (298 pounds), nose tackle Casey Hamp- Seattle quarterback Matt Hasselbeck. Smith, a 10-year NFL linebacker who retired ton (325) and end Kimo von Oelhoffen (299)— ‘‘I have to do something to make in 1997, ‘‘On our side of the business we’re provide a major push toward the quarter- Hasselbeck feel not so comfortable in the seeing it’s better to draft a good prospect back, sometimes occupying two offensive pocket,’’ Porter said. ‘‘I have to do some- and develop him rather than spending $10 or linemen on one defensive lineman, creating thing to make him run and get outside the $15 million on a signing bonus in free agency openings for linebackers and defensive backs pocket. I like my opportunity with me and and getting burned. With guys like to rush the quarterback. Kimo over there, the way we’ve been play- Merriman and Ware, you basically tell them, The zone blitz also often drops a defensive ing. It’s going to make for a good matchup. ‘Get to the quarterback and don’t jump off- lineman into the pass-coverage lanes and al- ‘‘When we take the run away from teams, side.’ ’’ most always includes one safety playing in a we’re also playing to our strength, making deep zone. them one-dimensional. When we make teams [From the Washington Post, Feb. 1, 2006] If a linebacker blitzes, one of his team- one-dimensional, I always like our chances.’’ EVERYBODY’SINABIG HURRY mates will simply play a zone to cover an area, as opposed to a specific receiver. Fif- [From Sports Illustrated, Jan. 30, 2006] STEELERS’ BLITZES MAKE PROTECTING THE teen players had at least one sack this sea- QUARTERBACK A PROBLEM SHOCK VALUE son for the Steelers, who were tied for third AFTER PLAYING THE PANTHERS LOW, HARD-HIT- (By Leonard Shapiro) in the league with 47, including nine by safe- TING ROOKIE LINEBACKER LOFA TATUPU MAY DETROIT, Jan. 31.—It’s the kind of image ties and cornerbacks. Linebacker Joey Por- BE THE MAN WHO BRINGS THE SEAHAWKS that can keep an offensive lineman tossing ter led the Steelers with 10 1/2 sacks, and fel- THEIR FIRST SUPER BOWL TROPHY and turning at night. low linebacker Clark Haggans, Porter’s Over the last week or so, Robbie Tobeck, former Colorado State teammate, had nine. (By Michael Silver) Seattle’s 12th-year center, and his team- Strong safety Troy Polamalu, with the The commotion had unnerved him, and mates on the line have studied videotape of long hair he described Tuesday as ‘‘my fifth Lofa Tatupu, the Seattle Seahawks’ rookie the Pittsburgh Steelers’ defense, particu- appendage,’’ has emerged as arguably the middle linebacker, was bent on restoring larly the constant and often devastating Steelers’’ most dangerous defender. He’s a 5- order. ‘‘Shut up, Bailey!’’ Tatupu yelled, mo- blitzes that can come at any time, from any foot-l0, 212-pound dynamo who lines up all mentarily interrupting the incessant bark- place on the field. over the field and has a knack for avoiding ing of the 15–pound fox terrier running ‘‘You know they’re going to be extremely blocks and making huge hits—in opposing around his Kirkland, Wash., town house last physical,’’ Tobeck said. ‘‘What you see is backfields and the secondary if he stays in Friday night. Then, in an instant, Tatupu’s when they’ve been successful, they’ve basi- pass coverage. angry stare turned sheepish. That’s because cally gotten people into a panic. That’s ‘‘This kid Polamalu is the best football Bailey, who belongs to Tatupu’s girlfriend, something we can’t allow to happen. We’ve player I’ve ever seen,’’ Denver defensive line- Rachael Marcott, has grown on the got to relax, take our time and make the ad- man Trevor Pryce said before the Steelers Seahawks’ leading tackler. ‘‘Come here, Bai- justments to prevent something like that.’’ faced the Broncos in the AFC championship ley,’’ he said, extending his right fist. ‘‘Give The Steelers have been a blitzing team game. ‘‘There’s something very strange me some dap.’’ ever since Bill Cowher showed up as their about him that I can’t put a finger on. They Balancing on his hind legs, Bailey dutifully coach 14 years ago. One of the original archi- call him ‘ninja’ because he just pops out of lifted his left paw and hit Tatupu’s fist. tects of the Steelers’ zone blitz schemes was nowhere and pops you. He’s reckless. He does ‘‘That’s my dog,’’ Tatupu said, beaming. At Dick LeBeau, who played 14 years at corner- not care. He has an advantage being 5–10. the sight of a little pooch turning the 23- back in the NFL and spent I six years as an When you’re short and strong, you have an year-old former USC star into a softie, you assistant coach with the Steelers in the mid- advantage because those 6–5 offensive line- had to wonder: Does this 5’11’’, 226-pound 1990s. He returned as the team’s defensive co- men can’t get a hold of anything to block.’’ linebacker sip soy lattes? Does Lofa use a ordinator in 2004, and his handiwork has been During the regular season, Polamalu tied loofah? evident in Pittsburgh’s run to Super Bowl for fourth on the team in total tackles with Two days later, to the delight of a Seattle XL. 91, was second in interceptions (two) and fan base hoping to shed more than a quarter No team in the NFL blitzed more than the added three sacks and three fumble recov- century’s worth of postseason disappoint- Steelers in 2005, using the tactic on a league- eries. He has been just as impressive in the ment, Tatupu affirmed his machismo with a high 287 pass attempts during the regular playoffs. bang in the NFC Championship Game at season. The blitz was primarily responsible ‘‘I don’t know if he’s changing [the way de- Qwest Field. Deciphering the Carolina Pan- for eliminating the top-seeded Indianapolis fense is played], but he is a very unique play- thers’ offense like a savvy veteran, Tatupu Colts in the second round of the AFC player at his position,’’ Cowher said. ‘‘He com- quickly set the tone for the Seahawks’ 34–14 offs in a game in which quarterback Peyton bines the athletic ability to cover, the explo- victory. With 5:07 left in the first quarter, he Manning spent more time on his back than sion to be a great blitzer. He’s also an out- stepped in front of All-Pro wideout Steve

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00195 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 653 Smith to make an interception that led to a president Bob Whitsitt, whose ongoing feud 4.3 speed in the 40-yard dash, his 43–inch field goal. Little more than three minutes with coach Mike Holmgren escalated to the vertical leap and football instincts honed later, with Seattle on top 10–0, Tatupu cor- point that the two had stopped talking to from hours of studying film, looked like a rectly read a sweep around right end and each other. In Whitsitt’s place, Allen hired can’t-miss pick. That was especially so be- closed hard on Carolina running back Nick Tim Ruskell, a former Tampa Bay Bucs and cause of defenses that were increasingly de- Goings. Their headon collision was as Atlanta Falcons executive. The front-office manding players who possessed the intel- charged as a Pearl Jam gig at the nearby tension was eased, and Ruskell purged the ligence to decipher different offenses and the Crocodile Cafe´, and both players slumped to roster of players perceived as selfish or divi- athleticism to destroy them in seconds. the ground. sive. Then he went after guys who, he says, But in the search for the perfect specimen, ‘‘I wasn’t sure who had won that one,’’ Se- ‘‘loved playing football, played hard and had for an android in cleats, the scouts and the attle defensive end Bryce Fisher said later. all the intangibles.’’ That’s what compelled seers had allowed doubt to drift in. ‘‘But their guy left the game, and ours shook him to trade up in the draft (with the Pan- Could this back, Troy Polamalu, play off the cobwebs and kept playing. That was thers, of all teams), for the 45th pick, and against the pass? huge, because Lofa’s our leader.’’ take Tatupu. Three seasons later, offenses face a more That a would-be college senior could help At his first minicamp Tatupu showed the vexing question: What can’t Polamalu do? lead the Seahawks to their first Super Bowl Seahawks they had gotten more than they’d The Pittsburgh Steelers shook off the spoke to the strangeness of a season few en- bargained for. Recalls Fisher, ‘‘He pretty doubts and traded up to select Polamalu visioned back last April, when Seattle draft- much stepped in the huddle and told every- with their first pick, the 16th over all. In the ed Tatupu in the second round and essen- one, ‘Listen to me because I know what I’m last two years—since Dick LeBeau’s return tially allowed him to take charge of the de- doing.’ ’’ Tatupu started all 16 games, and as as the Steelers’ defensive coordinator— fense. On Sunday, with the help of smelling the season went on he became increasingly Polamalu has emerged as the defense’s man salts and the urgings of 67,837 fans, Tatupu bold in practices—irking Holmgren by call- for all seasons, a blitzer of uncommon speed played three-plus quarters with what was ing fake punts (Tatupu occasionally filled in on passing downs, a tackler of staggering later diagnosed as a mild concussion and as the up-back on the punt team) and switch- strength against the run, and a moving part helped the Seahawks complete a declawing ing pass coverages during two-minute drills. so itinerant that opposing offenses find of the Panthers that reverberated from Yet against the Panthers he was a coach’s themselves playing Where’s Troy before they Grungeville all the way to Motown. dream, repeatedly identifying the plays snap the ball. When the Seahawks (15–3) face the Pitts- Carolina was about to run and positioning Polamalu is listed on the roster as a strong burgh Steelers (14–5) in Super Bowl XL on his teammates accordingly. This was essen- safety because he has to be given a position. Feb. 5 in Detroit, the latest version of the tial to Seattle’s defensive game plan, which But the versatility and the skill he brings to Steel Curtain won’t be the only defense at was designed to frustrate Smith with a vari- the Steelers’ secondary make him difficult Ford Field capable of controlling the game. ety of double coverages and required Seattle to categorize. He finished the regular season ‘‘We come hard, and we’re fighters,’’ Tatupu to stop the run with only seven men near the with 100 tackles, 11 passes batted down, 3 said of a unit that limited Carolina to 109 line of scrimmage. The plan worked beau- sacks, 2 interceptions and a forced fumble, total yards through three quarters and didn’t tifully. The only damage Smith (five according to the Steelers. ‘‘He gives you unlimited flexibility,’’ allow the offense to score until 5:09 re- catches, 33 yards) inflicted was a 59-yard LeBeau said in a telephone interview from mained. punt return for a touchdown, and the Pan- Pittsburgh last week. ‘‘He can play the deep If the Panthers (13–6), fresh off impressive thers’ running backs gained all of 21 yards on perimeter. He can play as a linebacker sup- road playoff victories over the New York Gi- nine carries. port player. He can blitz. For a defensive co- ants and the Chicago Bears, didn’t see it ‘‘It’s amazing that he can be that good in ordinator, he’s ideal. You can put him any- coming, Don Hasselbeck did—more than a his first year,’’ Carolina center Jeff Mitchell said of Tatupu after the game. ‘‘He always place.’’ decade ago. Back then Hasselbeck, a former Or no place. LeBeau trusts Polamalu so NFL tight end, was coaching the Norfolk seems to know where the ball is going.’’ Added Fisher, ‘‘Most offenses are designed much that he is rarely confined to one area (Mass.) Vikings in a Pop Warner league the of the field. Instead, LeBeau gives Polamalu same time his former New England Patriots to fool the linebackers. Lofa was out there calling exactly what they were doing, so boundaries for what his role is on a play, and teammate, fullback Mosi Tatupu (Lofa’s fa- Polamalu takes it from there. ther), was coaching the King Philip War- they didn’t have a whole lot of options.’’ Sometimes Tatupu’s signals weren’t easy In one of his most dazzling moves, he will riors. ‘‘My son Nathaniel was our quarter- fake a blitz, jumping in and out of gaps on back, and Lofa, at 12, was all over him,’’ Don to hear, as the boisterous crowd celebrated a team it hopes can win Seattle’s first major the defensive line like a rabbit, then pull recalled while standing in the Seahawks’ back, whirl around so that he appears headed locker room on Sunday night. ‘‘I had to run professional sports championship since the SuperSonics won the 1978–79 NBA title. ‘‘This for the secondary, only to spin back as the double reverses just to give us a chance.’’ A ball is snapped to attack the line of scrim- few feet away Nathaniel’s big brother, Matt, is the craziest crowd I’ve ever seen in this town,’’ said a man who should know, Pearl mage. the Seahawks’ quarterback, nodded in agree- If Colts quarterback Peyton Manning is Jam bassist Jeff Ament, as he mingled on ment. Matt had just demoralized the Caro- known for his arm-flapping orchestration of the field during the postgame trophy presen- lina defense with his typically heady and ef- audibles, real and imagined, then Polamalu tation. ‘‘There’s been sort of a gloomy men- ficient play—20 of 28 passing for 219 yards and his whirling-dervish routine are the de- tality in Seattle—because of the weather [27 and two touchdowns—while league MVP fensive equivalent, a thickly layered disguise consecutive days of rain, a streak that ended Shaun Alexander had carried 34 times for 132 designed to make offenses wait until the on Jan. 15], because there’ve been so many yards and a pair of TDs. snap before they know where he is going. It heartbreaks—but this is an enormous boost Keying Seattle’s attack, as always, was is particularly devastating because quarter- the NFL’s preeminent offensive line, a group for the fans.’’ Tatupu was delirious, too, but in a dif- backs are taught to read where the safety is that Hasselbeck’s former backup, Cleveland to know what kind of coverage the defense is Browns quarterback Trent Dilfer, affection- ferent way. ‘‘My head hurts, and everything is really foggy,’’ he said softly as he walked in. ately calls ‘‘the grumpy old men.’’ As much ‘‘Troy improvises a lot of that stuff,’’ slowly toward the players’ parking lot less as the well-acquainted linemen—all the LeBeau said, laughing. ‘‘We give him param- than an hour after the game. ‘‘That play starters except second-year right tackle eters, and sometimes Troy may stretch those knocked me stupid, and I vaguely remember Sean Locklear have been with the team for a bit.’’ the rest of the game. Maybe it’ll come back at least five seasons—like to carp at one an- Just a bit. Polamalu has not lined up at to me later. I’m just glad we won.’’ other off the field, their unspoken under- nose tackle, but he has done everything else Tatupu managed a slight smile. In half an standing of how to adjust to defensive align- in the Steelers’ blitz-happy 3–4 defense (three hour he would be home, where a small dog ments is what defines this unit. ‘‘If you’re defensive linemen, four linebackers). was waiting to give him some well-earned not making calls at the line, it confuses a de- On first down, he is usually at the line of dap. fensive lineman,’’ All-Pro left tackle Walter scrimmage over the tight end to stop the Jones said at lunch last Saturday at a run, said Kennedy Pola, the Jacksonville [From the New York Times, Jan. 30, 2006] Kirkland T.G.I. Friday’s. ‘‘At that point he Jaguars’ running backs coach, who is also can only guess what you’re cooking up.’’ PITTSBURGH SAFETY COULD LURK ANYWHERE Polamalu’s uncle. On second down, Polamalu The Seahawks’ vastly improved chemistry AGAINST SEATTLE might be at the line of scrimmage again or this season was no accident. After last Janu- (By Judy Battista) he might drop back and play deep. The crit- ary’s 27–20 wild-card playoff loss at home to DETROIT, Jan. 29.—In the days before the ical element at the line, LeBeau said, is to the St. Louis Rams—extending the fran- 2003 N.F.L. draft, the dissection of the col- make sure Polamalu does not have to take chise’s streak without a postseason victory lege prospects was already at its hyper- on the guard and the center, who each might to an NFL-worst 21 years—Seattle shook critical zenith. One defensive back from the outweigh Polamalu—who is 5 feet 10 inches things up. Owner Paul Allen dismissed team University of Southern California, with his and 212 pounds—by 100 pounds or more.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00196 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 654 CONGRESSIONAL RECORD—HOUSE February 1, 2006 But it is on third down and other passing now writes for NFL.com. The concern was stitutional authority’’ that he did. ‘‘And,’’ he situations that Polamalu becomes Pitts- that Polamalu would leave his safety posi- added, ‘‘federal courts have approved the use burgh’s wild card. He might be a blitzing tion to try to get closer to the ball and risk of that authority.’’ linebacker, rushing up the middle, or he getting burned by a deep pass in the process. Bush did not name names, but was appar- might line up as a pass-rushing end off the Is that so wrong? Not anymore. ently reiterating the argument offered ear- edge of the line, essentially turning the 3–4 ‘‘There’s an old military axiom, ‘Reinforce lier this month by Atty. Gen. Alberto R. defense into a 4–4. He has covered the slot re- strength’ ’’ LeBeau said. ‘‘When you see a Gonzales, who invoked Presidents Lincoln, ceiver as the nickelback, or fifth linebacker, player who has a good feel for things, you try Wilson and Franklin D. Roosevelt for their and played deep safety, although his weak- not to get in his way. If they are not where use of executive authority. ness is perceived to be when he has to cover they are supposed to be, they better be mak- However, warrantless surveillance within receivers in the open field. Still, Polamalu ing the play.’’ the United States for national security pur- came close to intercepting Manning in the Polamalu usually is. poses was struck down by the U.S. Supreme American Football Conference divisional Court in 1972—long after Lincoln, Wilson, game against Indianapolis when he dove for TROY POLAMALU and Roosevelt stopped issuing orders. That a pass while running free in the middle of the Pittsburgh Steelers/S/#43 led to the 1978 passage of the Foreign Intel- field. College: USC Rookie Yr: 2003 ligence Surveillance Act that Bush essen- ‘‘When you see a squat body with long hair, Ht., Wt.: 5′10′′, 212 tially bypassed in authorizing the program you don’t think he can run that fast,’’ Pola KIMO VON OELHOFFEN after the Sept. 11 attacks. said. Pittsburgh Steelers/DT/#67 Since the surveillance law was enacted, es- Big mistake. Steelers linebacker Joey Por- College: Boise State Rookie Yr: 1994 tablishing secret courts to approve surveil- ter sacked Manning twice in three plays late Ht., Wt.: 6′4′′, 299 lance, ‘‘the Supreme Court has not touched in the fourth quarter because the Colts’ of- CHRIS KEMOEATU this issue in the area of national security,’’ fensive line thought Polamalu was coming Pittsburgh Steelers/G/#68 said William Banks, a national security ex- up the middle. College: Utah Rookie Yr: 2005 pert at Syracuse Law School. Against the Broncos in the A.F.C. title Ht., Wt.: 6′3′′, 344 ‘‘He might be speaking in the broadest pos- game, Polamalu tackled Denver running SHAUN NUA sible sense about the president exercising his back Tatum Bell a yard short of a first down, Pittsburgh Steelers/DE/#96 authority as commander-in-chief to conduct while Polamalu was being blocked and was College: Brigham Young Rookie Yr: 2005 a war, which of course federal courts have falling down. Later, Polamalu nearly tackled Ht., Wt.: 6′5′′, 280 upheld since the beginning of the nation,’’ running back Mike Anderson for a safety on LOFA TATUPU Banks said. ‘‘If he was talking more particu- a screen pass on third-and-10—even though Seattle Seahawks/LB/#51 larly about the use of warrantless surveil- Polamalu was responsible for covering a deep College: USC Rookie Yr: 2005 lance, then he is wrong.’’ pass in the seam. Those are the kinds of Ht., Wt.: 6′0′′, 238 Bush’s historical reference on domestic plays, LeBeau said, that caused him to run ITULA MILI spying marked one of several points in his the film back asking, ‘‘Did he do that?’’ Seattle Seahawks/TE/#88 speech in which he backed up assertions with Polamalu’s soft-spoke nature belies his College: Brigham Young Rookie Yr: 1998 selective uses of fact, or seemed to place a fierce play, and Pola said that whenever they Ht., Wt.: 6′4′′, 260 positive spin on his own interpretation. spoke, Polamalu talked only about how WAYNE HUNTER On his headline-grabbing pledge to de- many of his other teammates should be Seattle Seahawks/T/#73 crease U.S. reliance on Middle East oil by going to the Pro Bowl with him. College: Hawaii Rookie Yr: 2003 75% over the next 20 years, Bush’s words But those who have followed Polamalu’s Ht., Wt.: 6′5′′, 303 seemed to suggest a dramatic new program career know his instincts were apparent f to reduce dependence on foreign oil. early. In one of his first scrimmages as a But experts point out that the U.S. gets freshman at U.S.C., Polamalu burst into the AMERICA’S ENERGY POLICIES only a fraction—about 10%—of its oil im- backfield, tackled a senior running back, Mr. MCDERMOTT. Mr. Speaker, I ask ports from the Middle East. In fact, the ma- stripped him of the ball as he was knocking unanimous consent to claim the time jority now comes from Canada and Mexico— him down and took off the other way. of the gentlewoman from California and Bush said nothing on Tuesday about ‘‘Everyone was like, ‘Ohmigosh, this guy them. has no fear,’ ’’ U.S.C.’s linebackers coach, (Ms. LEE). Speaking about Iraq, Bush argued that Rocky Seto, said. ‘‘Most guys who rush the The SPEAKER pro tempore. Is there ‘‘our coalition has been relentless in shut- quarterback—from Lawrence Taylor to objection to the request of the gen- ting off terrorist infiltration.’’ But he may Reggie White—they have a hunger and a de- tleman from Washington? have left the wrong impression about how far sire to get there. He’s not as big, but Troy There was no objection. U.S.-led forces have gotten in closing off the certainly has that fire and tenacity.’’ The SPEAKER pro tempore. Under a huge border areas, especially the 375-mile- That tenacity is buttressed by his work previous order of the House, the gen- long one between Syria and Iraq. habits. LeBeau said that Polamalu had tleman from Washington (Mr. Administration officials have often com- watched more game film than anyone, and plained that the Syrian government does lit- that after last season, Polamalu made a DVD MCDERMOTT) is recognized for 5 min- tle to police the border and have said it may of other N.F.L. safeties so he could study utes. not be possible to close it, given its size. their techniques. Mr. MCDERMOTT. Mr. Speaker, last Two weeks ago, Rep. H. James Saxton (R– Polamalu, in just his second full season in night we heard the President deliver NJ), chairman of a House Armed Services LeBeau’s system, has learned to read an of- his State of the Union message from subcommittee, complained in a column in fense so well that LeBeau feels comfortable this Hall. By the light of day, today, the Washington Times that the border is letting him follow his gut. That, LeBeau we know that the glow was artificial ‘‘extremely porous’’ and called for new steps said, reminded him of how he used to feel and the highlights were inaccurate at to cut off the flow of enemy fighters. about cornerback Rod Woodson and safety Bush made a number of claims for his eco- Carnell Lake, former Pro Bowl Steelers who best. nomic stewardship that were technically ac- also had the speed to play in the open field, I will enter into the RECORD at this curate but told only a part of the story. the strength to play at the line of scrimmage point a story from today’s Los Angeles ‘‘In the last 21⁄2 years, America has created and the sense to know where to go. Times. 4.6 million new jobs,’’ Bush said. Although ‘‘I know Dick preaches it, you don’t want [From the Los Angeles Times, Feb. 1, 2006] the claim is essentially true, he did not say a robot as a player and you don’t want a that the United States lost 2.6 million jobs BUSH STRETCHES TO DEFEND SURVEILLANCE cowboy either,’’ said Woodson, who works for in the first 21⁄2 years of his presidency. the NFL Network. ‘‘You want a guy who (By Peter Wallsten and Maura Reynolds) ‘‘In the last five years,’’ Bush continued, plays within the system but who can play WASHINGTON.—President Bush received a ‘‘the tax relief you passed has left $880 bil- fast. He’s a gambler. They’re calculated roaring ovation Tuesday for his prime-time lion in the hands of American workers, in- risks. You study film and he believes in his defense of wiretapping phone calls without vestors, small businesses and families, and eyes. For Troy, they’ve been his friend.’’ warrants. But Bush’s explanation relied on they have used it to help produce more than The irony is that the gambler in Polamalu assumptions that have been widely ques- four years of uninterrupted economic is what earned him a reputation before the tioned by experts who say the president of- growth.’’ 2003 draft as a player who ‘‘flew up on every- fers a debatable interpretation of history. But to many economists, the cause-and-ef- thing,’’ said Gil Brandt, who helped shape Defending the surveillance program as cru- fect relationship is not so stark; they credit the Dallas Cowboys as the vice president for cial in a time of war, Bush said that ‘‘pre- tax cuts of 2001 and 2003 with helping to turn player personnel from 1960 to 1989 and who vious presidents have used the same con- around a stagnant economy, but now they

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00197 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 655 worry that the resulting deficits may retard coalition has been relentless in shut- If Mr. Bush wants his final years in office it. ting off terrorism infiltration.’’ But he to mean more than a struggle to re-spin ‘‘Every year of my presidency, we have re- may have left the wrong impression failed policies and cement bad initiatives duced the growth of non-security discre- about how U.S.-led forces have gotten into permanent law, this is the place where tionary spending,’’ Bush said. True again, he needs to take his stand. And he must do but this represents less than 20% of all in closing off the huge border areas, es- it with far more force and passion than he spending. Including defense and the giant pecially the 375-mile border between did last night. benefit programs such as Social Security and Syria and Iraq. American overdependence on oil has been a Medicare, spending has risen by about 30% in Administration officials have often disaster for our foreign policy. It weakens the five Bush years. complained the Syrian Government the nation’s international leverage and em- The president also seemed to ignore Su- does little to police the border, and powers exactly the wrong countries. Last preme Court precedent when he called for many have said it may not be possible night Mr. Bush told the people that ‘‘the na- Congress to give him the ‘‘line item veto.’’ to close it given its size. tions of the world must not permit the Ira- But Congress did that once, in 1996, and it nian regime to gain nuclear weapons,’’ but was used once, by former President Clinton. Let me mention one other example. he did not explain how that will happen But in 1998, a federal judge ruled that it was The President finally got religion on when those same nations are so dependent on unconstitutional. That was affirmed by a 6– America’s energy crisis. But he needs Tehran’s oil. Iran ranks second in oil re- 3 decision of the Supreme Court. an atlas and a vision. Here is what the serves only to Saudi Arabia, where members Bush praised his administration’s efforts Times said. On his headline-grabbing of the elite help finance Osama bin Laden to help the Gulf Coast recover from Hurri- pledge to decrease U.S. reliance on and his ilk, and where the United States cane Katrina. ‘‘A hopeful society comes to Middle Eastern oil by 75 percent over finds it has little power to stop them. the aid of fellow citizens in times of suf- the next 20 years, Bush’s words seem to Oil is a seller’s market, in part because of fering and emergency, and stays at it until America’s voracious consumption. India and they are back on their feet,’’ he said. suggest a dramatic new program to re- China, with their growing energy needs, have But Bush omitted any mention of tensions duce dependence on foreign oil. both signed deals with Iran. Rogue states between Gulf State officials and the adminis- But experts point out that the U.S. like Sudan are given political cover by their tration over responsibility for the botched gets only a fraction, about 10 percent, oil customers. The United Nations may wish response to the storm. ‘‘There was nothing in of its oil imports from the Middle East. to do something about genocide in Darfur or terms of new money,’’ said Rep. Bennie In fact, the majority comes from Can- nuclear proliferation, but its most powerful Thompson (D–Miss.). Perhaps Bush’s most members are hamstrung by their oil alli- controversial language came as he defended ada and Mexico, and Bush said nothing Tuesday night about them. ances with some of the worst leaders on the the surveillance program. planet. The president echoed earlier administra- I was proud the President used my Even if the war on terror had never begun, tion assertions that the domestic surveil- words in his speech: ‘‘America is ad- Mr. Bush would have an obligation to be se- lance program would have been useful before dicted to oil.’’ But he did not give a rious about the energy issue, given the enor- the Sept. 11 attacks. Bush said two Sept. 11 proper prescription. But beyond co-opt- mous danger to the nation’s economy if we hijackers living in San Diego made tele- ing Democratic philosophy and Demo- fail to act. His own Energy Department pre- phone calls to Al Qaeda associates overseas, cratic programs, the President is an oil dicts that with the rapid development of but that ‘‘we did not know about their plans India and China, annual global consumption until it was too late.’’ man through and through. Today’s New York Times said this: ‘‘President Bush will rise from about 80 million barrels of oil However, The Times has previously re- a day to 119 million barrels by 2025. Absent ported that some U.S. counterterrorism offi- devoted 2 minutes and 15 seconds of the efforts to reduce American consumption, cials knowledgeable about the case blame an State of the Union message to speak these new demands will lead to soaring oil interagency communications breakdown, not about energy independence.’’ prices, inflation and a loss of America’s a surveillance failure or shortcomings of the It was hardly the bold signal we have trade advantage. It should be a humbling Foreign Intelligence Surveillance Act. been waiting for years for about global shock to American leaders that Brazil has Point by point, the Times compared warming and deadly struggles in the managed to become energy self-sufficient the President’s rhetoric to America’s Middle East where everything takes during a period when the United States was reality. They are not even close. Here place in the context of what Mr. Bush focused on building bigger S.U.V.’s. Part of the answer, as Mr. Bush indicated is what the Times said about the Presi- rightly called our addiction to im- dent’s domestic spying program. De- last night, is the continued development of ported oil. alternative fuels, especially for cars. The En- fending the surveillance program is Last night’s remarks were woefully ergy Department has addressed this mod- crucial in a time of war. Bush said that insufficient. The country’s future eco- estly, and last night the president said his Presidents have used the same con- nomic and national security depend on budget would add more money for research. stitutional authority that he did, and whether the Americans can control That’s fine, but hardly the kind of full-bore he said Federal courts have approved their enormous appetite for fossil fuels. national initiative that will pump large the use of that authority. This is not a matter to be lumped in a amounts of money into the commercial production of alternatives to gasoline. Bush did not name names, but was laundry list of other initiatives, includ- apparently reiterating the argument When it comes to cars, much of the re- ing in a once-a-year speech to Con- search has already been done—Brazil got to offered earlier by the Attorney Gen- gress. It is a key to everything else energy independence by figuring out how to eral, Alberto Gonzales, who invoked that happens. get its citizens home from work in cars run Presidents Lincoln, Wilson, and Frank- I will enter at this point in the without much gasoline. The answer is pro- lin Delano Roosevelt for their use of RECORD the New York Times editorial. ducing the new fuels that have already been developed and getting cars that use them on executive authority. [From the New York Times, Feb. 1, 2006] However, warrantless surveillance the lots. There are several ways to make THE STATE OF ENERGY within the United States for national that happen. The president could call for security purposes was struck down by President Bush devoted two minutes and 15 higher fuel economy standards for car manu- seconds of his State of the Union speech to facturers. He could bring up the subject of a the U.S. Supreme Court in 1972, long energy independence. It was hardly the bold gas tax—the most effective way of getting after Lincoln, Wilson, and Roosevelt signal we’ve been waiting for through years Americans to buy fuel-efficient cars, and a stopped issuing orders. of global warming and deadly struggles in market-based tax on consumption that con- This led to the passage of the 1978 the Middle East, where everything takes servative lawmakers ought to embrace if Foreign Intelligence Surveillance Act place in the context of what Mr. Bush right- they are honest with themselves and their that Bush essentially bypassed in au- ly called our ‘‘addiction’’ to imported oil. constituents. But Mr. Bush took the safe, thorizing the program after September Last night’s remarks were woefully insuffi- easy and relatively meaningless route in- 11. The analysis comes from one of cient. The country’s future economic and na- stead. America’s bedrock institutions of jour- tional security will depend on whether There is still an enormous amount to be Americans can control their enormous appe- done to find new sources of clean, cheap nalism, facts, not spin. tite for fossil fuels. This is not a matter to power to heat homes and create electricity. Here is the analysis of the Presi- be lumped in a laundry list of other initia- But regrettably, the president made it clear dent’s remarks about the war. Speak- tives during a once-a-year speech to Con- last night that he would rather spend the ing about Iraq, Bush argued that ‘‘our gress. It is the key to everything else. country’s resources on tax cuts for the

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00198 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 656 CONGRESSIONAL RECORD—HOUSE February 1, 2006 wealthy. The oil companies are currently little to disturb the status quo. If the war on to discuss a trip planned by Justin’s flush with profits from the same high prices terror must include a war on oil dependence, church youth group. that have plagued consumers, and the presi- Mr. Bush is in retreat. ‘‘His parents, Wendy and Warren, left dent might have asked the assembled legisla- Let me just read one other excerpt, for the grocery store. An hour later tors whether their current tax breaks might because it is very important. Of all of be redirected into a real energy initiative. they pulled into the driveway and Simply calling for more innovation is pain- the defects in Mr. Bush’s energy pres- learned Justin was dead. less. The hard part is calling for anything entation, the greatest was his unwill- ‘‘How could their happy, high-achiev- that smacks of sacrifice—on the part of con- ingness to address global warming, an ing teen, who couldn’t wait to take his sumers or special interests, and politicians energy-related emergency every bit as driver’s test on his 16th birthday who depend on their support. After 9/11, the critical as our reliance on foreign oil. Thursday, end a life of so much prom- president had the perfect moment to put the Except for a few academics on re- ise? nation on the road toward energy independ- tainer at the most backward energy ‘‘All the Zimmers and their other ence, when people were prepared to give up companies, virtually no educated sci- two children are left with are ques- their own comforts in the name of a greater entist disputes that the Earth has good. He passed it by, and he missed another tions, and the only answer they can opportunity last night. grown warmer over the last decades. come up with to explain his death is Of all the defects in Mr. Bush’s energy This is the New York Times talking. Accutane, the prescription drug Justin presentation, the greatest was his unwilling- Largely as a result of increasing at- started taking in December for severe ness to address global warming—an energy- mospheric concentrations of carbon di- acne.’’ related emergency every bit as critical as oxide produced by burning fossil fuels, I wish to extend my heartfelt condo- our reliance on foreign oil. Except for a few gas. I read this and wonder how many lences to the Zimmer family. I, too, academics on retainer at the more backward alarms have to be sounded before the know the struggle and heartache and energy companies, virtually no educated sci- leaders follow. pain that they are going through as I entist disputes that the earth has grown With new eyes in space like the great warmer over the last few decades—largely as lost my son B.J. on May 14, 2000. a result of increasing atmospheric con- Hubble telescope, we understand the To go on the article says that the centration of carbon dioxide produced by the danger of great meteorites striking the FDA and the drug manufacturer of burning of fossil fuels. Earth. Some are large enough to be Accutane, Roche, indicated that the The carbon lodged in the atmosphere by called planet killers. We fear what rate of depression among Accutane the Industrial Revolution over the last 150 might come from above, but we ignore users is 1.5 times higher than among years has already taken a toll: disappearing what is coming from right here on the nonusers, according to a December 7, glaciers, a thinning Arctic icecap, dead or Earth. 2004 report in USA Today. dying coral reefs, increasingly violent hurri- Mr. Speaker, the President could canes. Even so, given robust political leader- As Mr. Zimmer said, ‘‘ ‘They can snap ship and technological ingenuity, the worst have done better. But he did not have in as little as an hour. I’d just as soon consequences—widespread drought and dev- it in him. see it off the market,’ ’’ meaning astating rises in sea levels—can be averted if The extinction of the dinosaurs provided for Accutane. ‘‘ ‘If this can happen to a kid society moves quickly to slow and ulti- the extraction of fossil fuel. with all this going for him, think what mately reverse its output of greenhouse The addiction to oil could provide for the ex- could happen to a kid who’s strug- gases. This will require a fair, cost-effective traction of mankind from a planet too hot to in- gling?’ ’’ program of carbon controls at home and a habit. ‘‘ ‘They shouldn’t sell it to anyone good deal of persuasion and technological as- Is it science fiction or a looking glass? Too ... ’’’ sistance in countries like China, which is many scientists know we are looking into the building old-fashioned, carbon-producing Another doctor, ‘‘an Appleton der- coal-fired power plants at a frightening clip. future, and ignoring it. matologist, said he has looked at a Mr. Bush said he would look for cleaner I urge the American people to read today’s number of studies and has no qualms ways to power our homes and offices, and LA Times and New York Times. about prescribing isotretinoin,’’ which provide more money for the Energy Depart- Compare the common sense expressed in is the medical term for Accutane. ment’s search for a ‘‘zero emission’’ coal- bedrock journalism against Republican’s un- He goes on and says, this dermatolo- fired plant whose carbon dioxide emissions limited access to uncommon hype. You de- gist, ‘‘ ‘It’s something we’re concerned can be injected harmlessly into the ground cide. about and we ask about, but we don’t without adding to the greenhouse gases al- Mr. Speaker, like oil, even Republican hype ready in the atmosphere. But once again he see any scientific evidence to say there is a finite resource, and that’s the best energy is an increased risk for it.’ ’’ He said chose to substitute long-range research—and news for America in a decade. a single, government-sponsored research pro- the side effects, including the potential gram at that—for the immediate invest- f for depression and suicide, are there, ments that have to be made across the entire ANOTHER ACCUTANE DEATH but he is not concerned about it. industrial sector. The SPEAKER pro tempore. Under a Mr. Speaker, I have come to this That Mr. Bush has taken a pass on this floor before, and I have brought forth issue is a negligence from which the globe previous order of the House, the gen- this PET scan of the frontal orbital may never recover. While he seems finally to tleman from Michigan (Mr. STUPAK) is have signed on to the idea that the earth is recognized for 5 minutes. cortex. If you take a look at it, this is warming, and that humans are heavily re- Mr. STUPAK. Mr. Speaker, on this the medical evidence that directly sponsible, he has rejected serious proposals first day of the Second Session of the links Accutane to depression and sui- to do anything about it and allowed his ad- 109th Congress, I sadly inform the cide ideation and suicide in the users of visers on the issue to engage in a calculated Accutane. program of disinformation. At the recent House of Representatives of another Accutane death. I will enter into the If you take a look at it, here is the global summit on warming, his chief spokes- baseline of Accutane over on my far RECORD an article from the Appleton men insisted that the president’s program of right. That is the frontal orbital cortex voluntary reductions by individual compa- Post Crescent. The article is dated nies had resulted in a reduction in emissions, today, February 1, 2006. If I may, I of the brain. When you take a look when in fact the reverse was true. would like to quote from this news- there is all the red in the picture over The State of the Union speech is usually a paper. here, that is the baseline. Four months feel-good event, and no one could fault Mr. later they take a PET scan of the brain Bush’s call for research, or fail to applaud b 1845 over here, post-Accutane, 4 months on his call for replacing more than 75 percent of ‘‘Justin Zimmer shot himself Janu- Accutane. Notice there is very little the nation’s oil imports from the Middle ary 15 in his bedroom, a shocking sui- redness in this front part of the brain, East within the next two decades. But while the frontal orbital cortex, the front the goal was grand, the means were minus- cide his family struggles to com- cule. The president has never been serious prehend and fears may be tied to part of the brain we know causes de- about energy independence. Like so many of Justin’s acne medication. pression. our leaders, he is content to acknowledge the ‘‘The day of Justin’s death, the fam- The reason why there is no redness is problem and then offer up answers that do ily had returned home from a meeting because the metabolism of the brain

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00199 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 657 has been stopped or affected by the use All the Zimmers and their other two chil- ‘‘It’s not that we took it lightly,’’ said of the Accutane. In this particular dren are left with are questions, and the only Warren. ‘‘We were watching for warning slide, this person had a 21 percent de- answer they can come up with to explain his signs.’’ ‘‘We saw nothing,’’ said Wendy. ‘‘I could crease in brain activity while on death is Accutane, the prescription drug Jus- tin started taking in December for severe talk to him about things, and he promised he Accutane. acne. would come to me if anything bothered So, when this dermatologist says Accutane is a brand name of the anti-acne him.’’ there is no medical evidence, there is. drug isotretinoin, which went on the market When police asked the Zimmers what they Here is the direct evidence. This has in 1982. thought happened, Warren noticed the pre- been published in the American Jour- It has become controversial because of its scription slip for Accutane on the kitchen nal of Psychiatry last year. Also, there serious side effects, including birth defects, counter. Justin’s last appointment with the der- are animal tests which show the same mental disorders and even suicide. Those side effects, however, are so rare matologist had been Jan. 12 and on the slip thing, how Accutane actually de- that many doctors think they statistically was the orange sticker giving the pharmacist stroyed a brain in these animals. are insignificant, and the Food and Drug Ad- the OK for a new 30-day supply. We can even take it one step further. ministration only warns people to be aware Warren and Wendy Zimmer insist their This person who has this PET scan of them, not to abstain from using the drug. son’s suicide had to be related to the drug. here, if you gave this person, a number The Zimmers blame their son’s death on ‘‘He had so much going for him,’’ said War- of dermatologists said they would mon- the drug, said Warren, who was aware of the ren. ‘‘He was good at everything he did. He side effects but saw no warning signs in his respected everybody. He didn’t have an itor them, if you give this person the enemy in the world.’’ Beck’s depression test, which is stand- son’s behavior. ‘‘That’s why we felt it necessary to get this ‘‘He had an appointment this Thursday to ard indication of signs of depression to out. We want parents to know just how sud- take his driver’s test and it was one of the see if the person is suffering from de- den this can come on. If we can save some- few times he’d take off of school. We were pression, this person who had a 21 per- one, maybe his death isn’t a total loss and shopping for cars.’’ cent decrease in brain activity passed someone else doesn’t have to go through Justin was sensitive and shy, with a ready every one of them. The only reason this.’’ smile and a penchant for perfection, said his parents. At school, he was sophomore class why they knew something was going on U.S. Rep. Bart Stupak, D-Mich., whose son committed suicide in 2000 while taking president, and ranked No. 1 in his class with besides the PET scan was the personal straight A’s. He was in wrestling, football behavior had changed. Unless you are Accutane, has pressed for more public warn- ings about the link between depression and and baseball. ‘‘He had an undefeated season in wrestling monitoring that person all the time isotretinoin, more restricted distribution and was so looking forward to baseball,’’ you never would know that from the and more tracking of side effects. Beck’s depression test because it did The Zimmers say they have talked to Wendy said. ‘‘He’d been sleeping with his countless people who know someone taking baseball glove by his pillow.’’ not show a change in personality. Justin planned to join the military, War- isotre-tinoin. ‘‘It’s more prevalent than you Getting back to the young man that ren said. ‘‘He was a big ‘CSI’ fan. Who knows think,’’ Warren said. unfortunately took his life on January where he would have gone? He had a heck of The couple now urges parents to take their 15, his parents went on to say, ‘‘ ‘He a start on life.’’ teens off the medication if they are on it. The Zimmers can’t say enough about the had an appointment this Thursday to ‘‘They can snap in as little as an hour,’’ support of family, school personnel and the take his driver’s test and it was one of Warren said. ‘‘I’d just as soon see it off the community, especially Menasha students, the few times he’d take off of school. market. If this can happen to a kid with all through their ordeal. ‘‘When we came home We were shopping for cars.’ this going for him, think what could happen from the wake there were 100 kids in our ‘‘Justin was sensitive and shy, with a to a kid who’s struggling?’’ front yard having a candlelight vigil. They ‘‘They shouldn’t sell it to anyone under ready smile and a penchant for perfec- encircled us. It was so healing,’’ Wendy said. 18,’’ Wendy said. tion, said his parents. At school, he was Even so, Warren said he is beset by Adrianne Marsh, a spokeswoman for sophomore class president, and ranked ‘‘streaks of anger’’ when he thinks about Stupak’s office, said Tuesday the FDA has No. 1 in his class with straight A’s. He Justin’s death. attributed about 200 suicides to the drug so ‘‘Your life changes so quickly in a matter was in wrestling, football and base- far and last spring put out an isotretinoin ball.’’ of an hour. You go to the grocery store and alert. come back and you don’t have five people at Mr. Speaker, we presented these find- Dr. Charlie Kagen, an Appleton dermatolo- home anymore. You have four.’’ ings of this PET scan to then-Sec- gist, said he has looked at a number of stud- retary of Health and Human Services ies and has no qualms about prescribing f Secretary Thompson and also to then isotretinoin. THE PRESIDENT’S STATE OF THE Mr. Crawford, and we are still waiting ‘‘It’s something we’re concerned about and UNION ADDRESS we ask about, but we don’t see any scientific for answers back as to these PET scans evidence to say there is an increased risk for The SPEAKER pro tempore (Mr. and what it shows. it,’’ he said of the side effects, including the KUHL of New York). Under the Speak- Mr. Speaker, there are so many un- potential for depression and suicide. er’s announced policy of January 4, answered questions. My time has ex- ‘‘There’s a suggestion it (Accutane) might 2005, the gentleman from Iowa (Mr. play a role, but statistically we can’t say it pired. I look forward to continuing this KING) is recognized for 60 minutes as does. Well over 6 million people in the U.S. discussion on this serious drug, and it the designee of the majority leader. should be pulled from the market. alone have used it since 1982.’’ Side effects are explained in the medica- Mr. KING of Iowa. Mr. Speaker, as al- The article I previously referred to is ways, I profoundly appreciate the privi- as follows: tion guide Roche Laboratories, the maker of Accutane, puts out for patients. lege to address this body and on a sub- [From the Post-Crescent, Feb. 1, 2006] The literature notes that some patients ject matter before us that we have not ACCUTANE BLAMED IN SUICIDE may become depressed or develop such symp- had the opportunity to debate and de- (By Kathy Walsh Nufer) toms as sadness, anxiety, irritability, anger, liberate within this Chamber and one MENASHA.—Justin Zimmer shot himself thoughts of violence and suicide. of the broader subjects that I would Patients sign a consent form, agreeing to Jan. 15 in his bedroom, a shocking suicide like to address in this upcoming 60 his family struggles to comprehend and fears stop using the medication if they notice any may be tied to Justin’s acne medication. symptoms, and are required to meet with minutes, Mr. Speaker, is the Presi- The day of Justin’s death, the family had their doctor once a month, which Justin did. dent’s State of the Union address last returned home from a meeting to discuss a night. I have a copy in my hand here, trip planned by Justin’s church youth group. Justin, who had taken Accutane for a the one I took notes on as he spoke in His parents, Wendy and Warren, left for month before his death, had tried other top- this Chamber last night. the grocery store. An hour later they pulled ical acne medications with little luck, said Before I move into that, Mr. Speaker, into the driveway and learned Justin was his parents. He had decided on Accutane, I would like to address a couple of sub- dead. which is prescribed when other treatments How could their happy, high-achieving don’t work, after discussing it with his der- ject matters that were raised by one of teen, who couldn’t wait to take his driver’s matologist. the previous speakers and point out test on his 16th birthday Thursday, end a life He also had discussed the side effects with that the Foreign Intelligence Surveil- of so much promise? his parents. lance Act, this seems to be something

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00200 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 658 CONGRESSIONAL RECORD—HOUSE February 1, 2006 that is debated across this country in- Mr. Speaker, I have just returned property in one year alone. The Tis- tensively by the mainstream media. It from the Mexican border and I am here dales had their barbed-wire fences cut fits within the same category of the to report my findings. by illegals, running off the family’s PATRIOT Act which we extended at We were 5,000 feet up in the moun- cattle. When their dogs barked to scare least from this floor today. tains along the border California off intruders, the dogs were poisoned. I sat through in the Judiciary Com- shares with Mexico at 2:00 a.m., freez- Another rancher told me about nu- mittee at least part if not all of the 12 ing in 30-degree weather with the wind merous break-ins at his home while his to 13 hearings that we had, and we howling in our faces. Eight shivering family slept, as illegal aliens tried to asked continually, give us some names, young men, illegal aliens in their late find food and clothing. One morning his give us some specific examples of some- teens and early 20s, sat on the cold daughters had gone out to feed their one who had their rights trampled or ground in handcuffs, grateful to be pet bunnies, only to find them skinned abused or usurped under the PATRIOT caught. One of them pleaded with the and taken for food by illegal aliens try- Act and I say also under FISA. The border patrol agent to find his ing to escape to a nearby highway. criticism continues, Mr. Speaker, but I girlfriend Maria who was still stuck on The economic impact of crossers who still continue to ask, name the case, one of the cliffs. are successful is catastrophic. Illegal immigration costs taxpayers name the individual, give me the cir- Illegal aliens, like the ones I saw in $45 billion per year in health care, edu- cumstances by which these laws that handcuffs, continue to enter the United cation and incarceration expenses. The have protected us so well have been States from the Mexican border at the cost of the estimated 630,000 illegal abused by anyone this administration rate of 8,000 per day. Today, we have 11 or the opening by which that might be aliens in Florida is about $2 billion a million illegal aliens in the United year, meaning every family in my con- done. I have not heard that answer, and States. I continue to ask that question. gressional district pays a hidden tax of Illegal immigration presents a huge $315 each year, and yet still faces de- This country has not been attacked problem. That is why I decided to because we have been prudent in our pressed wages because of illegal immi- spend a week along the southern border gration. surveillance. This surveillance under to see firsthand how bad the problem the Foreign Intelligence Surveillance So how do we fix the problem? was and what Congress could do to fix First, we need to crack down on em- Act has been used by many Presidents it. and only challenged now after it was ployers who knowingly hire illegal Last year, our border patrol agents workers. Jobs are the magnet drawing brought forward in the New York arrested 1.2 million illegal aliens at- illegal aliens across the border, and the Times, the very morning that there is tempting to enter the United States United States House of Representatives a PATRIOT Act vote in the United from Mexico. Significantly, 155,000 of has acted to make it mandatory for States Senate. I would question the those arrested were from countries employers to check the paperwork of motives of that newspaper that sat on other than Mexico. They included ille- new hires or else face stiff penalties if that story for a year. We need to con- gal immigrants from Iran, Iraq and Af- they do not. Now it is up to the Senate tinue to ask that question and what ghanistan. Our porous Mexican-U.S. to act. was the motive of the paper, and by the border offers the perfect cover for ter- Second, we need to complete conway, what was the motive of the Mem- rorists, especially since tighter construction of the double fence for 700 bers of this body and the other body trols have been imposed at airports. miles along the border near populated, when they had been briefed on FISA This poses a very serious national se- urban areas. San Diego saw a steep re- and those kind of foreign intelligence curity problem, according to CIA Di- duction in crossings, from 500,000 down surveillance, they did not seem to have rector Porter Goss. I personally spoke to 130,000, when the double fence was an objection when they were briefed. with border patrol agents who had ap- completed there. They only had an objection when they prehended suspects on the terrorist Third, where mountains and rugged were briefed by the media. We have a watch list. terrain make completion of a double larger responsibility than that, Mr. One night while I was riding along fence impossible, we need to have a vir- Speaker, and I would point that out. with the border patrol two illegals tual fence. Congress needs to appro- Also, one of the previous speakers ad- priate more money for infrared cam- dressed the issue of ‘‘our addition to from Pakistan were captured. One convicted sexual predator was caught try- eras that enable agents to see the en- foreign oil.’’ I would ask those people, tire border. help us use this domestic supply of ening to cross, so were wanted murder suspects, drug dealers and smugglers. Finally, we need more border patrol ergy that we have. Let us unlock agents. Although Congress has tripled ANWR, let us unlock the Outer Conti- I was impressed by the bravery of the border patrol agents who escorted me. the number of border patrol agents nental Shelf. Let us develop these do- since the late 1980s, more are still need- mestic supplies of renewable energies I saw a border patrol supervisor get out of his vehicle, pull an illegal alien off ed. that we have. Let us join together in a Mr. Speaker, one million illegal im- of a 10-foot wall and arrest him despite bipartisan effort to grow the size of migrants come to America legally each his violent attempts to resist the ar- this energy pie. year, and my staff members spend the rest. So those two in response to the pre- majority of their time helping those The border patrol agent I rode with vious remarks that were made, Mr. who want to come to our country to told me he had been shot at on several Speaker, and then I would also address work hard and play by the rules. the idea, the President covered a whole occasions. Twenty-three of his col- series of subject matters last night. leagues have been killed in the line of b 1900 Our national defense is one. Energy is duty since 1990. For example, border We are protected from dangerous peo- another. Education is another. patrol agents Susan Rodriguez and Ri- ple entering the country at our air- Of course, one of the key components cardo Salinas were gunned down by a ports. IDs are checked against the ter- to our national security is immigra- murder suspect. Agent Jefferson Barr rorist watch list and baggage is tion, border enforcement, and here was shot to death by a drug trafficker. screened. Well, who is doing the checks with us tonight to address the border If the job of a border patrol agent on the 8,000 people who arrive here ille- security issue and border enforcement sounds dangerous, imagine the risk to gally every day? Who is our last line of and I expect will have some kind words people who actually live along the bor- defense? It is a Border Patrol agent in to say about our brave border patrol is der. a green uniform working alone. the gentleman from Florida (Mr. KEL- I sat down in the living rooms of four At 2 a.m. tonight, after all of us are LER) to whom I would be pleased to different families who own ranches asleep, he will be working somewhere yield to. along the border. One couple, Ed and near the top of a cold 5,000-foot moun- Mr. KELLER. Mr. Speaker, I thank Donna Tisdale, documented on home tain along the California-Mexican bor- the gentleman for yielding. video 13,000 illegal aliens crossing their der. He will get a radio call telling him

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00201 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 659 to approach a group of illegals who then wire the money back, go back and tleman on numerous issues, the first of have been spotted by an infrared scope withdraw that money from their banks course being the overriding issue of our and are located near the top of that and live happily ever after. Constitution, a document you keep in mountain. He will track their foot- That number, in 2005, when the re- your pocket every day in case someone prints in the dirt and make his way to- port comes in, will be very near, if it wants to question you on what it says ward them. As he approaches, there is does not exceed, $30 billion wired south and what it doesn’t say. I commend something he doesn’t know: Are these of our border, $20 billion into Mexico you for your strong stand on the Con- illegal aliens a group of harmless teen- and another $10 billion into the other stitution. agers who are scared and freezing, or Central American states. That is a And on the issue of border security are they heavily armed and dangerous huge number. We say we cannot get being a national security issue, because drug traffickers, like the ones who along without this economy, but the il- it is a national security problem. It is have killed so many of his colleagues? legal labor in this country is gener- unfortunate that so many Americans Either way, he will approach them, ating about $76 billion in wages. That are oblivious or refuse to believe the because it is another day on the job. $76 billion amounts to 2.2 percent of problem that has been discussed to- Mr. Speaker, I have a message for that the wages that are earned in the night by our friend from Florida and Border Patrol agent working tonight: United States, even though they are 4 yourself. the United States Congress knows you percent of the labor force. And then there is the issue, of course, are there, we appreciate your service, So the argument we cannot get along of offshore drilling. We have heard even and help is on the way. without the illegals is a specious argu- tonight in this Chamber a discussion Mr. KING of Iowa. Mr. Speaker, I ment and is just plain false. We will about the importance of having our thank the gentleman from Florida. I find a way in this country. There are country not be dependent on other appreciate his travel down to the bor- 7.5 million people being paid not to countries for our energy. We are held der. I have done that on occasion my- work, on unemployment. There are an- hostage to some extent to Third World self and traveled the border at night other 5 million that have exhausted countries that really determine how we and flown in helicopters and had my their unemployment benefits and are are to obtain much of our oil and nat- meetings with the Border Patrol down still seeking work. So there are 12.5 ural gas. And there were some concerns there. It wasn’t quite as eventful as million people in this country looking mentioned tonight that folks in the yours appears to have been, Mr. KEL- for work. And of the 11 million illegals Northeast are needing home heating oil in this country, 6.3 million illegals are LER; but for those of us in the House of and we can’t depend on foreign coun- Representatives who have not gone in our workforce. So the 6.3 million tries. Well, we don’t need to depend on down and had personal experience on that we have to replace if we shut off foreign countries. We don’t need to de- the border to see how it functions and the jobs magnet could come from the pend on the Middle East as much as we how sometimes it doesn’t function, I unemployed and that 12.5 million that are. think it is important for us to take I stipulated. We hear the rhetoric in Venezuela Additionally, there are 9 million that visit and do that. from the president there, his anti- young people in America between the The statement that was given that American comments and how he ages of 16 and 19 that are not in the there were 1.2 million stopped at the threatens every once in a while to cut labor force, even in a part-time job, for southern border last year, of course we off the oil supply to the United States; whatever reason. There are about an- know that is a rounded number. The and Bolivia, with its new president, is other 4 to 4.5 million between the ages number in a little more precise term is talking about doing the same thing of 55 and 69 that are not working that stuck in my head: 1,159,000 illegals, and might be if we didn’t have penalties in with natural gas to the United States. I say collared at the southern border in there for their work. So you begin to Once again, the United States appears the last year. And of those, there were add that up, and it is 13 million added to be held hostage by Third World only 1,640 that were adjudicated for de- to the 12.5 million. So there are about countries on our energy. So what do we do about it? Well, the portation. The balance of them, in 25 million people in this country that summary terms, were released on their would be sitting there to fill the 6.3 President mentioned last night several promise to return to their home coun- million vacancies if we shut off the proposals of how we have to go to al- try. Many of those who were other than jobs magnet. So one in four. And that ternative energy sources, and we need Mexicans, the 155,000, were simply re- doesn’t include the 51 million between to do that. But we need to take another leased into this country without an ex- the ages of 20 and 64, between those look at where we drill, why we drill, pectation of going back to their home ages, that are simply not in the work- and why we don’t drill. We will start country. force because they are retired, they with the offshore drilling. In that haystack of humanity, the choose not to work, or whatever the I have here a chart that explains Border Patrol has testified before our reason might be. That takes us up to 76 where we drill off the coast of the immigration subcommittee that they million in a potential workforce to tap United States and where we don’t drill. believe they stop one-third, maybe one- into or to replace 6.3 million. We drill in my home State of Texas, fourth, of those illegal crossers. So we I do not think we have examined and we’re glad to drill offshore. Texans know that that 1.2 million multiplied those numbers or we wouldn’t be hav- know the importance of drilling off- times three or four gets you in the ing the debate we are having, Mr. shore. We drill offshore from the State neighborhood of how many actually Speaker. of Texas; we drill offshore from Lou- came across and how many came in I want to take this opportunity to isiana and the State of Mississippi. here and successfully completed their yield some time to the gentleman from This blue area is the only place we drill crossing and stayed. That numbers ap- Texas, who had spoken to us a little offshore, because the rest of the Gulf of proaches, I believe, 4 million in the last earlier about the immigration issue. I Mexico, Florida, the entire east coast, year. appreciate his stance on the energy and the sacred west coast, if I can use That 4 million-strong haystack of hu- issue. In fact, we have stood on this that phrase, we don’t drill because manity includes people looking for a floor a number of times and joined there are prohibitions from drilling off- better life, but also in that are the nee- forces together. I joined forces with shore. dles in that haystack that are terror- Mr. POE of Texas in cosponsoring his We need to lift the prohibitions in ists, drug dealers, criminals, rapists, bill that opens up the Outer Conti- this entire red area. Not the environ- and people who wish this country ill nental Shelf to both gas and oil drill- mental regulations, but the overall will, along with a pretty good sized ing. So I yield to the gentleman from prohibitions from drilling in these en- portion of them that simply see the Texas. tire areas. There is much oil in the United States as a giant ATM, who Mr. POE. Mr. Speaker, I appreciate Gulf of Mexico. There is much oil on come here seeking their fortune and the time and the work of the gen- the east coast and off the west coast,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00202 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 660 CONGRESSIONAL RECORD—HOUSE February 1, 2006 and we don’t drill there for reasons bringing crude oil from other coun- natural gas, gas prices will rise, crude that I think are a myth. The myth is tries, like the Middle East. And only 2 oil prices will rise, home heating oil we can’t drill offshore safely, that it is percent of pollution, if we use that prices will rise, and natural gas prices an environmental problem. phrase, in the Gulf of Mexico from will continue to rise, and without Mr. Speaker, that is a myth because crude oil comes from, yes, that is right, doing so there is really no answer. We we can drill offshore safely. Let us just offshore drilling. need to do both. We need to look for al- go back recently to two hurricanes Now, most Americans are unaware of ternative sources such as nuclear en- that hit this area, this blue area. Hur- this. Most Americans think it is just ergy, as the President mentioned last ricane Katrina and then the forgotten the reverse. They think the crude oil night. We also need to drill where we hurricane, Hurricane Rita, that came drilling offshore causes most of the have oil and natural gas available. right through this entire area. In this pollution, and that is not true. I appreciate the opportunity to make area we not only drill offshore but we No one wants polluted beaches. No these comments. Hopefully working to- have refineries. one wants an unsafe environment. I gether we can solve our own energy My home State, Texas, right here, certainly do not. No one does that ad- and not be held hostage by other coun- this district I represent, southeast vocates offshore drilling. So the envi- tries. Texas, 23 percent of our gasoline is re- ronmental impact is very small if we Mr. KING of Iowa. Mr. Speaker, as I fined right here in this area where Hur- drill offshore. We can do so safely. look at the gentleman’s lower chart, ricane Rita came through and shut They drill offshore in the roughest Pollution from Oil, and it shows 2 per- down our refineries for a period of waters in the world, and that is the cent of the pollution from oil comes time. But during all of the conversa- North Sea, and they do so safely. Most from offshore drilling and the balance tions and discussion and moaning and of those people that are drilling there from the composition that the gen- groaning about the disaster of Hurri- are from Texas to begin with, and tleman describes. For the record, I ask canes Katrina and Rita, we heard lit- those folks that know how to drill off- what percentage of pollution comes tle, if any, talk about offshore drilling shore safely drill all over the world. from natural gas? Does any come from and the danger and the leakage from Yet we have a mindset in this country drilling for natural gas? Is there any crude oil coming up from the bottom of that we shouldn’t drill in these sacred example of a natural gas spill offshore the Gulf of Mexico because of these two areas because of the environmental im- anywhere in the world that has dam- hurricanes. Because it didn’t happen. pact. aged a beach anywhere? There was very little environmental So that myth needs to be denounced Mr. POE. That does not occur. When impact with the hurricanes that came as a myth and we need to take care of a natural gas well is drilled, it does not through this area, because we do drill our own selves, be self-sufficient, because pollution. So another reason we safely offshore. cause there is plenty of crude oil here, should obviously be drilling offshore That should tell us a couple of on the east coast, the rest of the Gulf for both of these commodities. things. First, these rigs offshore that of Mexico, and there is also much nat- Mr. KING of Iowa. Mr. Speaker, I ap- shut down, and some were damaged, ural gas resources that we are not tap- preciate Mr. POE’s presence here. caused little or no economic or envi- ping into as well. Not to mention going I did see natural gas boiling up out of ronmental impact in the gulf coast. up here to Alaska, to ANWR, another the water, and I saw it on fire when I Second, since this is the only place we place where we ought to drill, because went down to visit New Orleans in the drill offshore, someone should realize we can drill in that area safely. early part of September. There was a that maybe we should not depend on Hopefully, these two bodies will great visual for what happens if you this entire blue area, hurricane alley as agree to drill in ANWR. Because gaso- happen to get a natural gas leak com- we call it, for our offshore drilling. line prices continue to rise. Home heating down from 8 or 10 feet of water, and With Hurricanes Katrina and Rita, ing oil prices continue to rise. Natural it might come from 1,000 feet of water, many of these rigs were shut down and gas prices continue to rise. The answer the natural gas boils to the top. If some of our refineries were closed is not to look to more foreign coun- there is a spark it burns. It burns with- down. All of that takes place in this tries. The answer is to drill safely, en- out a lot of heat. If there is no spark, one blue area. We are dependent not vironmentally correct, around the it dissipates into the atmosphere. I do only on foreign oil but in our own United States coastline. not have the statistics how much gas country we are dependent on this little just percolates up through the ocean b 1915 area of offshore drilling. So we do need floor, but my understanding is that it to expand. We need to use some com- Just to mention one other thing, is a significant amount. Do you have mon sense and drill offshore safely in when an oil company goes out here any background on that? this entire other region where there is into the Gulf of Mexico and wishes to Mr. POE. I do not have the statistics much crude oil and much natural gas. set up a new rig, they obtain a lease either, but natural gas is even less of a We don’t do it because people are from the Federal Government. They pollutant than crude oil. Of course concerned about the environmental im- pay for that. Those leases bring in mil- there is natural seepage with natural pact. This is actually one of those lions of dollars to the United States gas just as there is with crude oil from myths that has convinced so many peo- Treasury that we lease to oil compa- the bottom of the ocean. That is the ple in this House and many Americans nies for permission and the right and way nature has been doing business for who are afraid we can’t drill offshore privilege to drill offshore. That is a a long time. I do not have the statis- safely. source of revenue. So more leases bring tics, but it would be interesting to find Where do these offshore oil spills more revenue to the national Treasury. out what they are. come from? Pollution from crude oil in We talk about the deficit and govern- Mr. KING of Iowa. We are looking at the Gulf of Mexico? Well, 63 percent of ment spending. Revenue can be ob- the distribution of that large volume of the crude oil that comes to our shore- tained from these oil companies that natural gas that comes out of Hurri- lines in the Gulf of Mexico is from na- drill offshore. cane Alley. We are supplying some of ture itself, as this chart shows. Sixty- So it is a situation where I believe those gaps in that need for natural gas three percent comes from the natural more Americans need to be aware that through liquefied natural gas that seepage of crude oil from the bottom of we can do so safely. We have seen hur- comes over on tankers, and then we the ocean. That is where most of the ricanes hit these oil rigs with minimal have to run it through a plant and con- pollution comes from. damage to the environment. We know vert it back to our gas form and deliver Second, 32 percent comes from those there is oil and natural gas out here, it through our pipelines. It is essential boats, the shipping industry that pa- and if we do not take care of ourselves from our cost to be able to take nat- trols the Gulf of Mexico. Three percent and become more dependent on our- ural gas as close to the demand as pos- comes from those tankers that are selves for our own energy, crude oil and sible and tap into the nearest supply so

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00203 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 661 we do not have that expensive trans- with our oil drilling offshore. I would where we would like to drill for oil. Not portation and compression that goes on point out the record of developing the a single tree. into the Middle East, bringing it in and North Slope oil that started in about In fact, I have a picture of the fur- converting it back to a gas in the Un- 1972. Up there when you look at the thest most northerly spruce tree that tied States. It is an expensive propo- hundreds and perhaps thousands of is there. It is about 600 miles further sition. wells that have been drilled in that south. I point out for people who did When I see that red map with leases area and the millions and millions of not take 8th grade science and geog- all around the shore of the United barrels of oil that have been pumped raphy, that the circle around the globe States, that is all accessible to the pop- down the Alaskan pipeline, and you fly known as the Arctic Circle, that is the ulation centers of the United States over from the air and you look for that line that has been drawn around the which are our coastlines. It would be a environmental wasteland that sup- globe north of which trees cannot natural to tap into the gas that is posedly is up there, all I see is green grow. So the commercial do not de- within 200 miles of its demand as op- tundra. And I see a white 50-inch pipe- stroy the trees in ANWR is a phony posed to several thousand miles across line that goes across the country, commercial. The commercial that it the ocean. Would you comment on across the Yukon River and on down to will disturb the caribou herds is a that? Valdez. We flew over at about 1,500 feet phony commercial. If anything, it will Mr. POE. Certainly. We bring in liq- in altitude. They told me we were over enhance the caribou herd on the North uefied natural gas from the Middle the North Slope oil fields, and I looked Slope. There is no resident caribou herd in ANWR which lies just to the East. It is converted and used in the out the windows and cast my eyes east of the North Slope, identical as far United States. We need that process as below and said, Where are the wells? I as I can tell in ecological regions, at well, but it makes a lot more common have worked in the oil fields and have least close to that same kind of cli- sense to use the resources we have, our been up on the derrick and I know mate and ecological region, but they do own natural resources, to satisfy the what it looks like. I expected to see have a caribou herd that comes in from need for energy in the United States pump jacks like you see in Texas or Canada. They come in and have their and continue to develop other alter- Oklahoma. I saw none of that in Alas- native energy sources as well. calves and when the calves are strong ka. All I saw was a white rock pad enough to walk, they walk back to To me it defies common sense that about 50 by 150 feet, maybe 3 or 4 feet we do not drill offshore. We can do so Canada. I do not think any thinking up off that Arctic tundra sitting there person thinks they would be disturbed safely. We have proven that. The best waiting in case there needed to be some experts in the world on drilling off- if we drilled some wells up there and work done on that well, which would pumped a million barrels a day on shore from the United States, they go take place in the wintertime on an ice down here to the United States to take to other countries and contract out road, the same way the drilling took the pressure off the foreign oil. and drill for other countries. Hopefully place in the wintertime on ice roads That is one thing with drilling in we can change the mindset in this and ice pads. ANWR. There is a lot of gas in ANWR. country. It is environmentally friendly be- There is gas developed on the North Mr. KING of Iowa. Mr. Speaker, I cause there is not a disturbance to that Slope. That gas that sits there now, we thank Mr. POE. environment when it is not frozen need to build a pipeline from the North I would like to pick up on that solid. When it is frozen solid, they Slope on down to the lower 48 States. framework that has been laid out by build ice roads and come in, they set There is 38 trillion cubic feet of natural the gentleman from Texas and talk a the work-over rig on that rock pad and feet developed and ready to tap into up little bit about the national security of pull out a submersible pump, put it in there. There is more gas up there not our energy situation. As I listen to the the well and have it ready to go. It developed, and that reserve has not rhetoric that comes out of the Ven- pumps oil into that collection system, necessarily been identified in its vol- ezuela and Hugo Chavez, for example, which I do not see either from the air. ume. it is a bit difficult to believe he is a I do not know how it could be any But if you recall the map of the friend of the United States. It is hard more environmentally friendly. The coastal regions of the United States to think that he had our best interests threat that it would reduce the caribou that was done in red, the undrilled por- in mind even though he did donate herd, for example, I happen to know in tion of our Outer Continental Shelf, some natural gas for heating over in 1970 they did a census. They counted there are known reserves out there of Massachusetts. I would think their pol- every caribou, citizen or not. There 406 trillion cubic feet of natural gas. itics might be a little more sympa- were 7,000 head of caribou on the North The United States consumes 22.5 tril- thetic than they are in Texas or Iowa. Slope, and that is an American herd. lion cubic feet of natural gas a year. But as I look at that, I question the Today there are over 28,000 head of car- That chunk up there on the North motives and I see the dollars that have ibou in that same place. We surely did Slope, there is more up there than the flowed into that administration in not damage their environment. 38 trillion, but just by comparison, 38 Venezuela, and I look across to the Those who watch that herd will tell trillion cubic feet of natural gas in the Middle East where we are buying that you that caribou cows get up on top of North Slope of Alaska, and 406 trillion liquefied natural gas, and everybody in those rock pads and have their calves cubic feet offshore of the United the Middle East is not our friend, and instead of dropping them in the ice States. they do not have our best interests in cold water. They will have them in the Those huge supplies of natural gas, mind either. But the wealth of the spring when the permafrost starts to the ability to deliver a million barrels United States of America is being melt. That is one reason they survive of crude oil a day coming out of the spent in purchasing expensive energy better. Another reason is they have a ANWR region, all of the oil that is in resources from overseas, expensive sup- place to get up out of the wet, and the that red area of the map along with the plies of energy, and we are enriching wind blows the flies away. The wind natural gas, and this Nation goes any- people who do not have our best inter- dries off the calves, and they will dry where else in the world to purchase at ests in mind in the Middle East as well off and live better and do better. So we a high price energy that enriches peo- as in Venezuela and other parts around see a population that has multiplied ple that sometimes are our sworn en- the world. four times in caribou. emies, and I would say the leader of What kind of a nation would sit on If you go over to ANWR, there is not Iran would be one of those, and the all of that oil that we have up in a resident caribou herd there, notwith- leader of Venezuela has been swearing ANWR, and I have been up there and standing as many times as you have at us for some time, and he is con- looked at that? The gentleman from seen the commercials on television. It vincing me he is our enemy, too. So we Texas spoke about the environmental is not a pristine alpine forest. There is enrich them and sit on top of our en- friendliness and the safety we have not a single tree in that entire plain ergy reserves. I would declare that to

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00204 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 662 CONGRESSIONAL RECORD—HOUSE February 1, 2006 be a form of economic suicide, to pay a not fill it up anywhere in my district. use it to make fuel. And it is a cleaner high price for energy when we have it Now I can go all throughout my dis- process. So the debates we have had on right underneath our very feet and not trict, go to a regular retail pump and the floor of the House is, part of it, the tap into it and instead enrich our en- fill it up with 85 percent ethanol fuel. refinery issue. emies. And it is usually, on average, 20 cents We are addicted, I would say, I would Those are big things that matter in a cheaper a gallon. So we are making agree with the President, we are ad- big way. This Congress cannot seem to great strides. It is a great story to tell, dicted to crude oil from imports. So get together on the obvious. As I listen especially in this area. And as much as, how do we address that addiction? One to the gentleman from Washington in you know, we are from Illinois, you are way we address it is make sure we have the previous hour speak about us being from Iowa, by definition you have to be our local reserves. That is going the re- addicted to foreign oil, I think we have supportive of ethanol. And we are. The newable fuels debate. But it also means been intimidated by the cult of envi- President addressed it last night. And that we take coal and we can, through ronmental extremism. The idea that we also acknowledge the fact that current technology available today, we we are going to do something to tap in there are other ways you can produce can turn it into gas, which addresses our energy that is going to upset this ethanol, and we want to encourage our natural gas challenges, which are Mother Nature that some folks would that because we want all the country really affecting manufacturing and like to convert back to pre Garden of to have the benefits that we are having home heating costs for the average Eden, and when I say that, that would and the country would have based upon consumer. And we can take coal and we be back before Adam and Eve walked energy independence. And that is can turn it into fuel. on this Earth. All other species are where this debate has to be. Now, in a best-case scenario, we take fine, but this human species should not But I am not here to talk about eth- that coal, liquid fuel, and then mix it compete with other species on this anol tonight. I am here to talk about with a renewable fuel and then we have Earth, and I will tell you that as I read another overlooked resource which we a lot more independence. You have the it, we are put here to have dominion use partially, not to its fullest extent, reserves of coal, you have the local re- over all those species, plant or animal. and that is coal. Now, we all know that finery. So you have the coal mine, you They are here for us to use respectfully we use coal to generate electricity. have the coal mining jobs, you have and to manage, and we do do that, and And a lot of people do not realize that the refinery, you have the building the we are better than we were 30 or 50 50 percent of the electricity generation refinery, you have the refinery jobs, years ago, and we will be better in an- in this country is from coal. And there and then you have the transportation other 50 years. are new technologies out there that to the retail location, all in the cycle We have been extraordinarily effec- will help us use clean coal tech- within the United States, not depend- tive and prudent in our care with our nologies, as the President addressed ent on any other foreign source. environment, and no one can point to a last night. We want to encourage that. We have been talking and we are en- single natural gas environmental dam- We also address that in the energy bill. couraged with our discussions with the age of any kind, and certainly your il- Clean coal technologies, the products administration, and we want to con- lustration of the very small percentage of research and development conducted tinue to push this issue because I think of oil pollution that comes from spills over the past 20 years, include more the public really does not appreciate should tell us that if we were going to than 20 new lower cost, more efficient the great reserves that we have. do anything, we should shut down the and environmental compatible tech- The Illinois coal basin, if you look on boating in the gulf as opposed to shut- nologies for use by electric utilities, a geological map, is basically the State ting down the drilling in the gulf. steel mills, cement plants, and other of Illinois minus Chicago and Cook industries. Coal already generates County. It also bleeds into western b 1930 more than half our Nation’s elec- Kentucky a little bit, it bleeds into I would open them both up because I tricity, and it is the largest single southwestern Indiana, but it is the out- do not see that there is a big problem source of the overall domestic energy line of the State of Illinois. That is there. I see that I have here tonight production, more than 31 percent of the where an abundant access of coal is. the gentleman, Mr. SHIMKUS, who has, total. And of course we know the other great I know, a passion in his heart for eth- When we talk about energy, though, coal producing States, Wyoming, Mon- anol. And I want to make that endorse- we sometimes get confused, because tana, West Virginia, Ohio, Kentucky; ment before I hand this microphone energy is lot of different things. En- and so there are people willing, ready over to him, in that I come from a dis- ergy is electricity generation. But en- and able to take, to get back into this trict that may well be the one that has ergy is also fuel. So we have to be care- arena. its ethanol production build out, all ful that we clarify for this debate all But there are always additional chal- the corn we have to supply turned into the benefits. lenges that have to be faced. The exist- ethanol, and we are now an energy ex- In looking at coal, we have over 250 ing obstacles to move this forward are port center; and I look for that kind of years of demonstrated reserves, right as follows: there is a high capital in- development across the entire Corn now, untapped, 250 years’ worth of vestment to begin with. The disadvan- Belt. And I would be happy to yield as demonstrated reserves. Coal is a read- tage of the environment that we are in much times as he may consume to the ily available domestic resource. today is that we are paying 60 to $65 a gentleman from Illinois (Mr. SHIMKUS). Furthermore, new clean coal tech- barrel for crude oil. There was a time, Mr. SHIMKUS. I thank my colleague nologies, such as the gassification com- in my lifetime, when it was $18, and and friend from Iowa. And we have bined cycle, IGCC, which a lot of people they were capping marginal oil wells made great strides. We appreciate know about, coal to liquid and coal to because it cost more money to get it Iowa’s efforts because so much corn gas technologies. And this is not pie-in- out than you could sell on the market. has gone to Iowa ethanol production; the-sky stuff. The German Army, in It is good for the consumer, bad for oil Illinois corn is now going to the feed World War II, used technology called exploration. Now at $65 a barrel, you lots in Texas, which used to be, which fissure tropes to take coal and to turn have the opportunity to say, if there is your corn used to go to. So when my it into fuels to run and operate the a consistent market signal, that that producers are looking at the static cost German war machine. Fifty years ago. $65 is going to be here for years to of a bushel of corn, I always tell them, So what we are proposing and con- come, that the market will say there is where do you think you would be with- tinuing to make sure that we under- a good possibility of return. I am going out new demands going to ethanol? stand it in this arena is that we can to make this billion dollar capital in- I have a flexible fuel vehicle. It runs take these 250 years’ worth of acces- vestment. Can the Federal Government on 85 percent ethanol. And I had one in sible coal reserves and continue to use help? What can we do because of this the last Congress, 2 years ago. I could it for electricity generation, but also high capital investment for the plants?

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00205 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 CONGRESSIONAL RECORD—HOUSE 663 The capital costs of the plants could invest and take risks and capital ex- can grow the size of the energy pie, ad- be reduced by the experience gained in penses want is just to know what the just the proportion, the percentage of the actual construction and operation playing field is so that we can allow the pie that are those pieces, those of commercial facilities, in addition to technology to meet the standards and components of the different kinds of a focused effort by Congress and the there is consistency in regulations. energy so that it reflects the resources administration to address the risks and You know, the problem is when there we have in this country, the develop- capital hurdles for new development. is inconsistent rules and no one knows ment of those resources, those being Perceived environmental concerns. what the rules of the playing game is coal, nuclear, ethanol, biodiesel, nat- My colleague who is leading this Spe- that the risk is higher. If you are going ural gases sitting in the offshore and cial Order addressed that. Environ- to invest billions of dollars, you want crude oil that sits out there offshore, mental concerns will be addressed by to lower the risk, you want to know drilling in the ANWR, the development using clean coal technology, IGCC, to what the rules are. We are now at a of natural gas resources up in the north reduce emissions of the criteria pollut- point with technology and the work we slope of Alaska, that the natural gas ants. In addition, indirect liquification have done through the Department of that is across this country underneath of coal processes produce clean zero Energy and clean coal technology republic lands, that we have not talked sulfur liquid fuels. We have a debate of search programs that we can get there very much in the last year in this Con- high sulfur fuels. We passed regulations with clean coal tech for electricity gress about natural gas underneath that are going to affect the trucking generation. We can turn coal into gas public lands; but the statement has industry. Low sulfur fuels can be pro- which will affect our natural gas crisis, been made on this floor and it is in this duced through coal to liquification, and we can turn coal into liquid fuels CONGRESSIONAL RECORD that under- and that addresses one of our major which will help to decrease our reli- neath public non-national park public concerns. ance on foreign oil. So with that, my lands in the United States there is You know, to conclude, and maybe colleague, I appreciate the time. enough natural gas to heat every home join with my colleague in other energy Mr. KING of Iowa. I thank the gen- in America for the next 150 years. debates, because it is, you kind of de- tleman from Illinois (Mr. SHIMKUS), And we can drill it and we can tap velop expertise or a forte based upon and I appreciate that presentation. I into it, but we cannot build the roads the area in which you live, or maybe always learn from these things this and the collection system to deliver the committee on which you serve. I evening. And I look across at Illinois and distribute that gas because of am very honored and pleased to serve and we have a friendly competition in other environmental infringements and on the Commerce Committee; and I, in corn production, soybean production obstructions. And so if we can do my 9 years, I have served on the En- and sometimes football, basketball. things to develop energy that are com- ergy Subcommittee. So we have seen And I look at the coal production you patible with the environment, then we this coming, these hurdles that we have and the oil and I think you have have to get away from this cult of envi- have in front of us. And we finally were gas wells there too running in conjunc- ronmental extremism, and we have got able, after many, many years, to pass a tion with it. It looks like Illinois has a to get together here and save this econ- comprehensive piece of energy legisla- little head start on Iowa when it comes omy from America and not commit tion; but we have to do more. to exporting energy and we are focus- this economic suicide of purchasing I want to bring to my colleagues ating our energies in that fashion too to from our enemies, enriching our en- tention the benefits of coal, not just develop that energy. emies so that they can buy weapons for electricity generation, but for coal I would like to emphasize, Mr. Speak- and hire terrorists and send those peo- to gas, coal to gassification, coal to liq- er, a concept and it is a concept I ple to bomb us, but instead provide uid technology and its use. Coal to liq- would like to try to sell to America, that independence for ourselves. uid technology provides geographic di- that we can begin to think about our And that is the biggest piece about versity for domestic refining capacity, energy in a little bit different fashion, this energy that I think needs to be not all situated in the South on the and that is we need to grow the size of laid out here. If we can go at it on all gulf coast. It could be in the Midwest, the energy pie. And if you just think in fronts, and I think that the natural gas could be in Iowa, could be in Illinois your mind’s eye, and I will put a chart offshore would be the thing that would and improves national and economic out here sometime within the next cou- reduce the overall cost of the United security by lessening dependence on ple of months that demonstrates this. States the most. foreign oil and substituting plentiful, But there are pieces in every pie, and We sit here in the United States of more affordable U.S. coal. whether you slice up six, eight, or 10, America and the heartland of it and Coal to liquid technology also allows but just draw that circle in your Mr. SHIMKUS and myself, in particular, for the capturing of carbon dioxide mind’s eye and think there is a piece are in the middle of the Corn Belt. And emissions which serves as a bridge to a there for coal and there is a piece for everything you raise takes nitrogen to hydrogen fuel future through ethanol and a piece for biodiesel and a produce it. polygeneration, which is the linking of piece for hydrocarbon-based fossil 1945 multiple types of plants into one such fuels, both gas and diesel fuel and our b as the coal production of liquid fuels, oil that we draw out of that. And we purchase nitrogen fertilizer. electricity hydrogen; and that is what There is a piece for natural gas that It takes more nitrogen for corn than the President is proposing, and that is is energy. There is a piece for nuclear any other crop that I know of. And 90 what we are excited about in the whole power, hydroelectric and there is a percent of the cost of that nitrogen fer- future gen proposal. piece for solar. There is a piece for tilizer is the cost of the natural gas See, we are going to capture carbon wind. There is a piece for hydrogen. that is converted into that nitrogen dioxide, and through this process you And I am probably forgetting two or fertilizer. We have nearly lost the fer- can reinsert it back into the ground; three pieces out of this energy pie that tilizer industry in America because we and if you have an area like southern we have. But the more pieces we have, have not developed our natural gas in Illinois where you have marginal oil the more alternatives we have, the America. And that fertilizer industry is wells, that is going to help the addi- more options that consumers have, and going offshore in places like Trinidad tional oil that is left that is hard to the less dependency we have on foreign and Tobago, and those are American draw out of the ground to be drawn oil and foreign energy, and then of interests, and I am grateful for that. out. So we have great opportunities in course the larger those pieces of the pie But they are also going to Venezuela the future. are, the more supply there is of energy. and Russia. And we are sitting here You know, coal has been given a bum And with supply and demand of paying $15 for natural gas, and they are rap for a long time. I think what those course the rule is that then the value paying 95 cents in Russia so they can of us who believe in coal and those who of the cost of energy will go down if we ship fertilizer to us. It will not be long,

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I think cartel seek to control the price of It is going to be a long row to hoe to what the American people were looking crude oil and gasoline in America, get to the end of this War on Terror. for was some direction on where we are think what it would be like if some- But the freedom that is coming in going to go and how we are going to body has control over the cost of the places like Afghanistan, the freedom get there, sending a very strong mes- production of our food in the United that is coming in places like Iraq can sage to our young people, to our mid- States of America. be the lode star for a free Arab world. dle-aged people, and also to our seniors So, Mr. Speaker, I would like to We never go to war against another that are out there, also to our troops. recap. I started out by addressing the free people, and to the extent that free- And I think it is so very important President’s State of the Union address, dom can be promoted throughout the that we pay very close attention to and he covered a lot of subject matter. world, that is the extent by which all what our troops are learning and what We have addressed the energy inten- people on this globe are free from that they are hearing from this Congress sively, and I do not think we men- curse of terrorism. and what they are not hearing as it re- tioned that he addressed the initiative So I would ask us all to join together lates to the direction that we are going to develop ethanol out of cellulose. in that cause and let us open up this on the stateside. When I say state, Wood chips, stalks and I think corn- energy we have in this country so we dealing with diplomats in Iraq and Af- stalks, fiber like switch grass. There is are not hostage to those countries. Let ghanistan and other areas, and also as a lot of energy there, and we are on the us not enrich them. Let us enrich this it relates to something as simple as edge of being able to open up that tech- economy here in the United States of body armor and also continued support nology. And if we accelerate that he America and promote the freedom that for our troops. believes, and I have no reason to dis- comes from a free economy. Of course, I did not see anyone say agree with his statement, that we f that we do not support the troops. We could have ethanol production out of all support the troops. Every American cellulose competitive with our current THE 30-SOMETHING WORKING supports the troops. I think it is impor- ethanol production within 6 years. GROUP tant for us to understand that we have That is good for all of us that can raise The SPEAKER pro tempore (Mr. to make sure that they have what they fiber of any kind. And it can convert POE). Under the Speaker’s announced need. And, Mr. Speaker, as you know, waste products to put that in your gas policy of January 4, 2005, the gen- this 30-Something Working Group tank at E85 levels, as Mr. SHIMKUS said. tleman from Florida (Mr. MEEK) is rec- meets constantly to not only promote And I certainly support his initiative ognized for 60 minutes as the designee the ideas that are bipartisan in nature on clean coal, as the President spoke to of the minority leader. but also the ideas that on the Demo- that as well. Mr. MEEK of Florida. Mr. Speaker, it cratic side we want to share that not But the point that he made last night is an honor to come before the House of only with the majority side but also that has not been said here, the central Representatives once again. I want to with the Americans, and I think it is point to his speech that I want to give a special thanks to Democratic important. make, is that we fight to win in this leader NANCY PELOSI and also Demo- I think it is important for us to even War on Terror. And it is the most es- crat whip STENY HOYER and our chair- look at issues as it relates to national sential battle that we have as our na- man, Mr. JIM CLYBURN, for leading us security. We must stand behind the tional security. One of the things we in the way that Americans are now see- American military. That is what the are susceptible to, of course, with that ing that we are moving in the right di- President said. But I want to make is our dependence on that oil. We can rection. sure that everyone understands, here get away from that, but we will still be Just today, Mr. Speaker, we had an on this side of the aisle and I would threatened by our enemies from election of Mr. JOHN LARSON, who has even say a couple of my friends on the abroad. become the vice chairman of our cau- majority side, Democrats were calling We fight to win. We are winning. And cus. We are continuing to move in this and have been calling for the last 3 the people on this side of the aisle area of not only bright ideas about also years for implementing plans to stood and cheered when the President a forward lean to make America strengthen and revitalize our over- said that; the people on the other side stronger. stretched military at this time. It is of the aisle sat on their hands. And It is also a great day for us to reflect also important for us to understand when the President said the decisions on where we have been and where we that we have to be ready to fight other will be made on whether we deploy want to go as a country. And I think it wars and other conflicts when they do troops back out of Iraq by commanders is important to take note of what took arise, and we need to make sure that in the field, not by politicians in Wash- place last night. We had the State of we are ready. We need to make sure we ington, D.C., people on this side of the the Union address. We were all there. have Humvees. We have to make sure aisle stood and cheered; people on the We paid very close attention to what we have the body armor. We have to other side sat on their hands, Mr. the President had to say, the Com- make sure that we have a clear task Speaker. And when he said we stood be- mander in Chief, about his vision for and mission so that our men and hind our military, then we kind of got this country. Also, some of the vision women know exactly what their pur- some support from both sides, but it was embraced by all of us. Some of the pose is, they know what their mission was reluctant on the one side. And I vision was embraced by a few of us. will be, and they know when they will wonder about that. I wonder what kind And some of the vision that he was be coming home. It is not a big secret of sentiment would not be 100 percent saying that he had we heard once be- to say when you are coming home. behind every man and woman who fore as a vision. Maybe it is a secret as to when you are wears a uniform and puts their life on A reporter called me, Mr. Speaker, leaving to go to war, but when you are the line for our freedom and for our and asked me for a response to the coming home is something that I think safety. I think that is an absolute com- President’s address, and I had to our troops need to know. We hear little mitment that we have made. We have scratch my head for a moment because words like, well, they just want to stop had that debate in this Congress. We it was a lot of what we heard in the or they just want to cut and run or have endorsed the President’s author- past. Theme language. We have to get whatever the case may be. You can use ity to defend our interests in Iraq and tough on them before they get tough your slogans, but what we are now see- around the world. He has done that. on us, we heard that before. We have to ing in the polling, Mr. Speaker, is that

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U.S. city mayors, many of whom just from, but he is making a valid point Now, the good thing about this is in left town, Mr. Speaker, would love to here and I think that the Members the next 9 months the American people hear, with our community development need to be able to see it. will be able to make some decisions. It blocks grants or what they had with Mr. RYAN of Ohio. I appreciate you is something that we have in the U.S. their COPS program that they no sharing, and I bet when you were in Constitution. You know, when you longer have the funding from the Fed- grade school that your teachers put on come to the House all of us have to run eral Government. If the President were there ‘‘Kendrick Meek plays well with every couple of years. I call it a time to say we are going to stay the course others.’’ where we are judged by all of our con- in those areas and make sure that we Mr. MEEK of Florida. And governs stituents throughout this country. build small and big communities, that well with others, and that is something Mr. RYAN of Ohio. A job interview. we are going to stay the course in mak- we want to do here in this Chamber on Mr. MEEK of Florida. It is a job ing sure that police officers have the the majority side. We want to move in interview. Thank you, Mr. RYAN. We dollars they need to be able to get the a bipartisan way. need to write that down. It is a job things that they need to fight crime in Mr. RYAN of Ohio. In the last 4 interview, where you come, you are communities and have afterschool pro- years, this President and the Repub- being interviewed by all of your con- grams, that we are going to stay the lican House and the Republican Senate stituents, and they are going to evalu- course, they would love to hear that. have borrowed more money, $1.05 tril- ate, is my Congressman doing every- But fiscal responsibility and just sim- lion, than any every other President thing that he or she can do to make ple common sense, Mr. Speaker, would before him and Congresses before this sure that my life is better? A grand- say that you have to be able to set one in the last 224 years. We are bor- mother, is my Congressman or my Con- some benchmarks. You just cannot say rowing money to give rich people a tax gresswoman doing what they should do I would like to spend billions of dollars cut, period, dot. And when we talk to make sure that my children and and do not ask any questions and if you about accountability, this is what we grandchildren have better opportuni- do, you are being a pessimist. are talking about because this has ties than what I had? Mr. RYAN of Ohio. Mr. Speaker, will long-term ramifications to our poten- Is my Congressman or Congress- the gentleman yield? tial economic growth because the woman making sure that my health Mr. MEEK of Florida. Mr. Speaker, I money we are spending to pay down care costs are under control and that I am so glad that Mr. RYAN has joined this debt and to pay the interest to the have to with my prescription drugs us, and it is so good to be back here in Chinese government is money that we choose between whether I am going to 2006 with the 30–Something Group once are not investing into the COPS pro- eat or take my medication like I again. gram, we are not investing into our should? Do I have a community where I yield to the gentleman. veterans, we are not investing into re- we have a sound community? Is my Mr. RYAN of Ohio. Mr. Speaker, it is search and development, we are not in- Congress passing on unfunded man- good to be back with the gentleman vesting into making sure that every dates to my local government that I again. household has access to broadband have to then pay additional taxes just I think the word that needs to be ap- communications. We are not investing for general services? plied to this conversation is ‘‘account- that money into public venture capital Those are going to be some of the ability,’’ and this is something that the that will lure private investment like questions that people are going to ask. 30–Somethings have talked about since they are doing in Israel, and they have Is my Congress playing a leadership we started. Being Democrats, we want a lot of innovative things going on in role in the area of the culture, okay, to talk about accountability. We have Ireland. These are the things that we Mr. RYAN, the culture of corruption a responsibility when we get the tax- need to do, but it all starts with bal- and cronyism and incompetence that payers’ money that we are not just ancing here in budget in the United permeates throughout this Chamber going to spend it and not ask any ques- States Congress. and throughout this Congress? tions. And if the program is not work- Mr. MEEK has two beautiful kids. He This is not the Kendrick Meek-Tim ing the way it is supposed to work, we cannot ask his kids to be responsible Ryan report. Just pick up Newsweek, are not for just throwing more money and then his example is to be irrespon- Time, the Washington Post, the Wash- at the problem because that does not sible. It just does not work that way. ington Times. You can pick up the work. We want to talk about account- He works hard and his kids see him Miami Herald, the Chicago Sun. Pick ability. work hard. So at the end of the day, up any paper you want to pick up, and But before we can even begin the con- they are going to learn a lesson from there is no secret that there is a cul- versation about accountability with him. ture of corruption and cronyism and programs and local communities, the I appreciate the gentleman’s yielding incompetence. COPS program, schools and everything to me. I appreciate his allowing me to Let me just say this: it means more, else, there needs to be accountability use his chart because this has been his it means more to the American tax- here in this Chamber. And I believe chart for the last few months. payer, the people that are paying taxes that the Republican majority in the Mr. MEEK of Florida. Unfortunately, every day, when they have to pay more House and in the Senate and in the the burden has been the American bur- because of certain special interests White House has really not been held den, the American taxpayer. having worked their way into getting accountable for what they have been Mr. Speaker, I must say that it is sweetheart deals from this Congress. It doing. If you look at the budget defi- very important. Mr. RYAN was speak- hurts, because we are here to represent cits that we have right now, and the 30– ing about this whole honest leadership those individuals that have sent us Something Group cares about this be- piece, and I think it is important. We here to represent them. cause this is our generation that is know that we have some Members that Mr. RYAN, you have heard me say going to have to foot the bill for this have made some bad decisions, and we this once before, and I will say it again: thing, $500 billion more spent last year are not going focus on that, and past the American people, all of them, just than we took in in tax revenue. So we Members. People make mistakes. I am about all of them that participate in borrow it from the Chinese, from the just going to fall on the side that peo- the electoral process, woke up early, Saudi Arabians, from the Japanese. We ple make mistakes. Mr. Speaker, one Tuesday morning, 7

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a.m. in some cases, to cast their ballot definitely within the last 2 years and Mr. RYAN, I would feet uncomfortable for representation in the U.S. Congress. since the creation of the 30–Something saying what I am saying right now on They didn’t cast their ballot for a K Working Group and brought this to the the floor of the House of Representa- Street project. They didn’t cast their attention of the Members that this is tives if we hadn’t been saying it for ballot for a corporation who is running wrong. You even called it Shakedown months and months and months. Fi- an operation here on K Street for some Street. We didn’t even want to call it K nally there is validation that is hap- sort of agreement which was not an Street, because it promoted too much. pening, that it was happening, and that open agreement. People laughed in their offices at us it is time for a change and it is time Mr. RYAN, I just started to think saying, look at them on the floor. They for us to make sure that this country about this K Street Project, and I can’t are talking about it. We are in control. gets its votes worth out of this Con- help but think about what is going on This is no biggie. gress. now that we don’t know about similar One article that I read, one Member Mr. RYAN of Ohio. I agree. Not only to a K Street Project. K Street was fine that will go unnamed at this moment, the culture that you talked about, let’s a couple of months ago. Now it is not we all know, had a little booking of- talk about what the cost is. Let’s con- fine. fice. If you were not in the book, you nect the dots. Let’s talk about what Let me just talk a little bit about the did not get to see me, or that par- happens here. whole K Street piece and make sure ticular Member. We talked about the Health Savings the Members don’t get amnesia as it So I think it is important, Mr. RYAN, Accounts. This is the President’s idea relates to the K Street Project. that we make sure that Americans to solve the health care problem, and it Mr. RYAN of Ohio. Shakedown know and the American people know, allows individuals to take money, Street. no matter where they live, that under extra money that they have at the end Mr. MEEK of Florida. You call a Democratic-controlled Congress, and of the month, spare money, and put it Shakedown Street. The deal was, and I this is the message to the Members and in a side account. am not talking about the deal with the majority, because there are some Well, that is great if you have got cards, the deal was, and may still be, as Members in the majority that feel the spare money at the end of the month to far as we know, is that corporations way we feel, Mr. RYAN, but, unfortu- put in a side account. We have millions and special interests had to hire, okay, nately, the majority of the majority and millions of people in this country quote-unquote, former staffers from doesn’t feel that way. who do not have that extra money to the Republican side to work in their So maybe we can have a paradigm put in a side health care savings ac- corporation. The leadership of those shift as we start working on this job count to address the health care issue, lobbying groups had to be a Republican interview that you mentioned, which so there is going to be millions and person that was trusted by certain we call in broader terms an ‘‘aka elec- millions of people. Members and certain former Members tion day,’’ that hopefully there be a I am not saying it is a bad idea. of the majority. So that was the deal. paradigm shift where these Members Maybe it is a good idea for those people You do that, and then you have to will say, you know, I think it is impor- who have money and they can set it make sure that we have a line of com- tant that we work in a bipartisan way aside. Great. But the vast majority of munications, because we are in this to benefit Americans, and I think it is the people who live in this country do thing together. important that we make sure that the not have the luxury of having an extra I can tell you it has resulted in a American people feel they are getting $500 at the end of the month to put in lack of health care policy. And now the their vote worth out of this Congress, a side account. President is talking about health sav- versus a K Street Project or Shake- Mr. MEEK of Florida. Forty-six mil- ings plans, which is very interesting, down Street. lion. because we already have something So, Mr. RYAN, I am glad to report Mr. RYAN of Ohio. Forty-six million similar and it is not working, Mr. that we, the Democrats, have worked don’t have anything now, and millions RYAN. Higher prescription drug costs, very hard in making sure that we bring of others can’t afford it, or can barely okay? Not allowing us to negotiate this honest leadership to this Chamber afford what they have. So our goal on with drug companies. and to this institution to benefit the the Democratic side is to figure out I must say, Mr. RYAN, I don’t blame American people. It is nothing against how to reduce the cost of health care. the industry. I don’t blame the indus- certain individuals and Members that And we tried to do that, Mr. MEEK, try. I don’t want to walk around here have made bad decisions. That is what when we had the prescription drug bill and say ‘‘you bad industry.’’ You made they have to deal with individually, here. us, or you made the majority. okay? The Democrats, this bill started out No. The majority voted for it, and But when it deals with the overall at $400 billion, and later after the vote that is what happened. The bottom line function of this House, and I am so we found out it was $700 billion. But all is that it wasn’t these special interest glad in our legislation that we have, the seniors that are out there, Mr. groups that voted to have Members of Mr. RYAN, on the Democratic side, that MEEK, will qualify for this, $700 billion Congress. They didn’t go to the polls. I we are doing away with those in-the- worth. didn’t see a special interest group say, dead-of-the-night special interest votes What the Democrats wanted to do to well, I am going to go to the poll and while Americans are sleeping because save the taxpayer money, to be ac- vote for this Congressman because they they got to go to work in the morning countable for the money that we spend are going to serve me when they get to and punch in and work with very little here, the Democrats wanted to put two Washington. No, an individual Amer- health care benefits; that at 2 and 3 provisions on to that Medicare part D, ican did that. I think it is important o’clock in the morning their Congress, the prescription drug bill. that we realize what is going on here. their House of Representatives, took We wanted to allow the Secretary of So now we have the majority saying their vote, took their confidence, and Health and Human Services to be able we are going to disband the K Street gave it to the special interests. to negotiate down the drug price on be- Project. Well, it was wrong from the We are saying we want to disabuse half of all the Medicare recipients. We beginning, Mr. RYAN, and they all this Chamber of doing that, we are say- didn’t want to create a new program, a knew it, and we knew it. We talked ing we have a plan to do it, and we are new bureaucracy. We just wanted to about it. saying that we have been amplifying give the Secretary of HHS the ability Mr. RYAN of Ohio. It has been wrong this kind of what some may say is ille- to go to Pfizer and negotiate down the for 10 or 12 years now. gal activity that has been taking place drug price. You want the Medicare con- Mr. MEEK of Florida. It has been in so many different areas and what tract? Fine. We got to talk price. wrong for a number of years. Guess has been reported in the media, we Knock 15 to 20 percent off the cost and what, Mr. RYAN? We came to the floor have been reporting this. we will give it to you. Boom, we save

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So we do not need to get in all for reimportation of pharmaceuticals, night was dealing with the same issues of this international political stuff to allow these prescription drugs to that we were dealing with today. that we have been getting in for the come in from Canada to create real Last night the President was talking last 30 years. competition in the pharmaceutical in- about investing in education and re- It has been nothing but bad for the dustry in the United States and drive search and development, and we are United States, to be in these different down the cost. We would save the tax- going to make these great investments. countries playing with their internal payer money, we would lower the cost We came here today and did this Budg- politics and puppeteering who is com- of prescription drugs, and maybe we et Deficit Reduction Act that actually ing in and who is going out, and Sad- could start reducing our deficit and increases the deficit, and we are cut- dam Hussein needs to be here because eventually make some investments in ting education, we are cutting the in- he is a Sunni, and we have got the the education and research and devel- vestments. So that was kind of per- Shiias in Iran. Hey, we are going to opment and other things. plexing to me. take care of home first. The cost of the pharmaceutical in- But I was over there listening to him A stronger America begins at home. dustry giving the Republicans $100 mil- talk about energy independence and And the Democratic idea is to take the lion is higher drug prices for average how we are addicted to oil. And I resources of this country, the intel- Americans and the taxpayers not get- thought, wow, he actually said it, ligence of this country, and become enting their money spent wisely because which I thought was great. It is a big ergy independent in the next 10 years. there is not the accountability here first step to admit that there is a prob- And no one can convenience me that it that we need. lem. So maybe it has taken 5 years, but cannot happen. Mr. MEEK of Florida. Well, it is in- we have now admitted, the administra- Got a chart. And this chart is the teresting, Mr. RYAN, that when you tion has now admitted that we have a gasoline prices and oil company prof- started talking about health care, I problem. its. The bars, the grey bars are the think it is important that we have And then I was waiting for, you profits starting in 2002. And as you can plans to cut health care costs. We also know, all right, this is it. And he says, see, every year 2003, 2004, 2005 the prof- want to reduce the number of the unin- and we are going to reduce our depend- its have skyrocketed. sured and provide tax credits for health ence on foreign oil by 75 percent by And look what happens to the price insurance for small businesses. 2025. And I thought, my goodness gra- of gas. It has gone up as well. So the Mr. RYAN, there are a number of cious, we went to the Moon in 10 years. profits go up, the cost goes up. Unbe- small businesses in my district that Where is the urgency? lievable. These people continue to say, you know something, Congress- Mr. MEEK of Florida. The European make money off a basic resource that man? I would like to offer a real health markets when they opened, they said everyone is dependent on. care plan to my employees, Mr. Speak- ha. You know, they were concerned be- That is why we got to get away from er, but they can’t. They can’t do it because before the speech it was all of this. Exxon, I think it was Exxon that cause they, A, cannot afford it, and, B, this talk about what he was going to made $36 billion dollars in their last the insurance is too high. say. But they did not even respond to quarter. $80,000 per minute. Come on. It Even when you have insurance, you what the President said, because they is time for the Democratic ideas to may call it insurance, but the pre- did not even take him seriously. take center stage in this country. miums are too high. Also making sure So I think it is important that we un- Mr. MEEK of Florida. Mr. RYAN, as we allow patients to buy into a CHIPA derstand, that the Members under- you know, we believe in making sure program, and also allow Americans age stand, it is not about the President of that we share with the Members that 55 to 64 to buy Medicare, and also pro- the United States. It is about what this we are prepared, we are ready and able vide proposals to bring down the cost House is going to do on behalf of the to lead. And we are going to present a of prescription drugs. American people. That is what it is case every time we get an opportunity Mr. Speaker, the President men- about. to have the Republicans join the debate tioned nothing, absolutely nothing, Mr. RYAN of Ohio. That is exactly it, on some of our ideas. We are willing to you can check the speech on the White what do we do day in and day out to even share some of our ideas with the House Web site, nothing on prescrip- improve the lives and improve the posi- majority. tion drugs, nada, even though we have tion politically of our country? And And we have offered procedurally to seniors throughout the country trying the Democratic idea is to get our idea the Republicans our ideas, but since we to figure out where is the cost savings to become self-sufficient, self-sus- are not a part of the legislative writ- in the bill that was passed are. I mean, taining with energy in the next 10 ing, the legislative creating, the legis- absolutely nothing. I can see at least years. And you cannot tell me that if lative process here, where we have like one little word. ‘‘Well, I want to we marshall all of the intelligence and folks outside of this process that are address this.’’ Just one line. Nowhere the wealth of this country that we can- unelected that have more input than in the speech. not do it in the next decade. our caucus on a piece of legislation of So the American people know as far As I said, we went to the Moon in a significance to the American people, as the majority, the Republican major- decade. And look at not only the eco- we have to make sure that we share ity, you have the Republican U.S. nomic impact that we would have in our case. House of Representatives looking for- this country, the jobs that would be I want to make sure, I want to make ward to the status quo. If you are created with ethanol and biodiesel, and sure that the Members on the majority happy with the status quo right now, I all of the hydrogen engines and hybrid side know that they can go to think you need to stick with it. If you cars and all of these things that we www.democrats.gov and pull up our in- are not happy and are concerned, like could create an economy back in the novation agenda, Mr. RYAN, pull up our many millions of Americans are, I United States that we are actually pro- innovation agenda. think you need to be able to put that ducing, which I think is very positive, And this is just the executive sum- on that interview you have with your but let me make this final point. mary of it on how we are talking about Member of Congress. Imagine the political position the how we are going to make America bet- United States would be in, the Sec- ter, how we are going to find alter- b 2015 retary of State would be in, if we told native energy, how we are going to Mr. RYAN of Ohio. Can I ask a ques- all of those oil producing countries we make sure that our next generation is tion? I thought of this last night as I are done. We do not need you. We do ready to lead the world, not the United

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00210 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 668 CONGRESSIONAL RECORD—HOUSE February 1, 2006 States, but the world. How we are not Street Project, it is not good. We need going to make ends meet, or if that going to leave our young people behind, to do away with it. We have been say- they have reached the American how we are going to invest in tech- ing that on the Democratic side for a dream, had a small business, it is now nology so that we do not have to come long time. a big business and providing jobs to ev- up with special visa programs. It was not only working toward the eryday Americans, and making sure Let me just break that down. Special demise of bipartisanship here in this that they are equally represented. It passports or credentials from foreign House of Representative, it was work- would not be a question. countries because we do not have the ing toward the demise of the American Mr. Speaker, it would not be a ques- know-how here in our country to do spirit. And making sure democracy tion, and we would not even have to what we need to do as a country, and to rings, and making sure that every indi- talk about bipartisanship, because we continue to stay the superpower of the vidual received the just-due represen- would have bipartisanship, because world. If we continue on this track, we tation that they voted for, not the just- that is what we are supposed to do in are going to have some real financial due representation of the special inter- this House, and what the American issues, Mr. RYAN, that you mentioned ests, the just-due representation of people voted us in and expect from us earlier. And we are going to have a what they voted for. to do is to work together, not only on brain drain, because we have some Yes, Members, it is painful. It is very naming post offices and bridges like we folks that are more interested on the painful, Mr. Speaker, to come to the do to Americans that deserve it, I am majority side on giving special deals to floor and speak truths. But I think it is not belittling that process. the special interests. important that Republicans, Independ- We all bring legislation here to honor I also want to add, and you men- ents, Democrats, Green Party, you our constituents and Americans that tioned this, and I just want to refer to name it, Reform Party know exactly have served our local communities. We my notes, but I want to make sure that what is going on under the Capitol all vote for it, with a few exceptions, we are crystal clear, and that everyone dome. but on issues such as health care, on understands what we are saying here. We were not sent here to be cozy- issues such as tax reform, on issues We have an energy independence plan cozy and buddy-buddy and allow this such as the rights and body armor for within 10 years, like Mr. RYAN said country or the leadership of this coun- our troops, we should be united on with new investments and clean energy try to in many ways turn their back on that. It would not be a question if we and technology, calling for the repeal future generations and this generation. could or we would, we would be doing of the $8 billion subsidy to the oil com- You mentioned today, the budget it. panies, and use it for consumer relief. once again passed by 1 or 2 votes, So that is the programs that we Now, I think that is important. We passed by 2 votes today. That cut sub- make from this side, Mr. RYAN. And are going to take $8 billion from the stantially student loans and student guess what? We have history to prove special interests. This is our plan. $8 opportunities to our young people, but that we work in a bipartisan nature. So billion. This is not a new program like better yet, the President stood up here when you talk about election time in they like to say, this is taking away last night around this time, or last November, and you talking about the from the special interest programs, Mr. night, an hour from when we are talk- fact that people will be coming for- RYAN, our friends who you made men- ing now, and said we believe in innova- ward, the American people in an inter- tion of, record profits, all of the way tion, we believe in making sure, be- view, as though they are applying for up. I know you mentioned Exxon and cause, you know, what the President their job once again, or we say an eval- Mobil, but there are a number of other saw our plan and saw that we were uation, when they sit down to that companies taking the cookies from talking about, our plan, and heard evaluation, we want to make sure that them because they are making money. about our town meetings, that we were the Members know exactly what the I mean, it is not like, you know, a having as Democrats, about our plan American people, the kind of questions small business would love to say, well, on innovation. they are going to be asking or what you know, I made money this year, but So he decided to talk about it. But he kind of action they will be taking. I do not even have to spend my money is talking the talk but he is not walk- to invest in future profits. I will just ing the walk. It is not in his budget. It b 2030 spend the taxpayers’ money to invest was not in his budget last year. And Mr. RYAN of Ohio. Absolutely. I in my own profits and to my stock- the action by the House today, by the think you make several very, very holders. majority that voted to set back the good points, and what we are trying to So folks want to talk about fiscal re- clock on so many Americans that work communicate here is that we have bet- sponsibility, I think it is important every day. Parents work every day, Mr. ter ideas and we want to take the coun- that we understand that there are peo- Speaker. They pay taxes every day. try in a new direction. If you are per- ple working out there that are paying I mean they pay the highest taxes be- fectly comfortable with the way every- more for heating oil and fuel and LP cause, guess what, they do not get the thing is right now, then you probably gas than at any other time in history big breaks like special interests get. do not want to vote for Democrats, but of this country. And yet we made their job even harder if you are having some trouble and you But meanwhile the corporations that today in making sure that they edu- think the country is maybe going in are able, that are a part of the legisla- cate their children. the wrong direction, just listen to what tive process here in this Congress, Mr. So, Mr. RYAN, I would be uncomfort- we are talking about and how we are Speaker, and a part of writing legisla- able in saying what they have been going to actually implement our plan. tion over in the White House as we saying, and saying what we have not We have figured out in the past 10 have read reports on, they are getting been saying for a very long time. I years that we have not always made what they want. What about the folks want to remind the Members once the best argument, we have not always that woke up early one Tuesday morn- again that if we were in the majority, presented ourselves in the best way. We ing to vote for representation? So there when I say we, I am talking about the allowed our Republican friends to de- is a clear choice. Just like we were Democrats, there would not be a lot of fine us, and as they defined us, they talking about the K Street Project for talk about what we should do or we continued to win elections. But over 2 years, 24 months. could do, it will be the fact that we are the past few years, 4 years, 5 years in One member of the K Street project, doing, and that we are working on be- particular, they have defined them- a substantial member on the Repub- half of everyday Americans, and if they selves through their actions, and we lican side admitted guilt, willing to, are a police officer, a teacher, a person now have the ideas and the commit- you know, okay, go spend some time in mopping up the floor at a hotel on the ment and the energy to take this coun- jail. It was all right. And then when he midnight shift, they are retired, they try in a new direction and maybe we did that, then all of a sudden the K are trying to figure out how they are needed that time to learn. Maybe we

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They in the next 10 years, by taking some of ing those programs, these kids do not voted for someone that was willing to the savings that we will generate have a chance. We will have certain stand up for them, even if they get through the prescription drug program, kids that pop up and they go against strange looks by certain Members the by doing a couple of the things I talked the odds to be successful, but these next day or right after we leave the about earlier by saving money, by kids do not have the opportunity that floor. making government run more effi- every single American should have. That is what this thing is about. ciently and not being afraid quite What the Democrats are saying is That is the reason why we serve. That frankly to ask Bill Gates to pay his that we want an opportunity because is why we make sacrifices, to be here fair share in taxes. you know why? I will sit here for 10 on this floor after everyone else has The President said again last night, hours. I have 12 years of Catholic gone home and flipping cable channels make the tax cuts permanent. I will school in me. I could make every moral saying, well, you know, today I have agree with a part of it, making the argument for doing that that is nec- done my part. middle class tax cuts permanent, but essary in the book and in the good We still have an America out there let us ask these people who have been book, how many times Christ talked that is suffering, and I am not talking making money hand over fist over the about helping the poor and poverty. We necessarily about poor people. I am past 10 years, we need your help. You could make all those arguments, but talking about folks that work every think we want to ask you for more let us set them aside. day. I am talking about small busi- money? You think we like it? No, but How are we going to compete with 1.3 nesses trying to figure out how they we need you to help us. The country is billion Chinese workers, 1 billion work- are going to control their health insur- running a $500 billion deficit. We could ers that live in the country of India, ance costs. I am talking about victims either ask you for it or we could bor- the massive advancements that are of natural disasters in our Nation. I am row it from the Chinese, which is what going on in Ireland and Israel and some talking about families of troops, men we are doing now. and women in harm’s way, that are So if we ask you for it, we get it and of these other countries? How are we concerned about their loved ones and we hopefully balance our budget, lower going to compete if we have a school interest rates, and that will lead to district and 90 percent of the kids live the lack of vision and leadership and economic growth. Right now, we are in poverty? We need those kids to be on direction that we are not providing and borrowing the money because the Re- the field with all of us competing in a sending the signals to other govern- publican majority does not have the global economy, as mathematicians, ments and taking the training wheels guts to ask the wealthiest people in the scientists, chemists, engineers, com- off of them and saying now, listen, country for money, and we are bor- puter programmers, entrepreneurs, art- there has to be an end or a strategy to rowing it from the Chinese. ists and musicians. We need them on bringing our men and women home and It is that simple. We are not making the field. We do not need them in a saving the U.S. taxpayer money. That this up. This is not a complicated proc- cycle of poverty. can be accomplished and protect Amer- ess. We are spending $500 billion more If this Republican leadership, if they ica at the same time. than we are taking in. So we have got do not have any new ideas, then give us Mr. Speaker, I think it is important to get it from somewhere, and if you control. Give us the keys to the car be- that we speak truth to power when we run a deficit at home, you go to the cause that kid should have access to talk about those kinds of things be- bank and you borrow it and they broadband. That kid should have three cause you cannot let statements just charge you interest. That is what we square meals a day. That kid should float saying that we just stay as long are doing right now. We are borrowing have art programs after school and as we have to stay. What does that money from the Chinese bank, the Jap- should have the opportunity to play in mean? Stay the course, what does that anese bank, and we are paying interest an intramural league after school. mean? It is not giving the very men on it, and that is money that we can- That is how we are going to move the and women that have sand in their not invest, that interest payment. We country forward. We are stagnant right teeth as we are speaking here on this cannot invest that into education. now because we are not investing in floor a piece of mind on our vision as a I told this story earlier on the floor kids, and Katrina took the veil off this. Congress and as a White House. I think as we were debating the budget rec- We all drive around, go through the that is important. onciliation, and it really hit me. I had suburbs and try to do our thing, go The reason why you were speaking so a meeting last week with a school around these outer belts and try to passionately, I just want to reflect on board member from Youngstown, Ohio, stay away from that. Katrina took the tax cuts. As we start talking about Youngstown City Schools, and I asked veil off that, and I think that that is them, I can tell you right now I was in him as we were sitting there what is not only a moral issue, it is an eco- the State legislator, Mr. Speaker. I the poverty rate for these kids that go nomic issue that needs to be addressed. voted for a number of tax cuts. Yes, I to Youngstown City Schools, a pretty We have plan after plan after plan did, for people that worked every day, simple question. Ninety percent of the after plan to fix that. The Democrats for small businesses that were trying kids of the 8,000 kids that go to have ideas, and we just need the oppor- to make a way out of no way, helping Youngstown City Schools live in pov- tunity to implement them. them achieve the American dream, erty. I do not even know why I asked I did not mean to get all worked up, even for some large businesses that him because it does not really make but I tell you, when I think of 8,000 wanted to create more jobs. I did it. I sense to ask this question, I asked how kids in my district and there is more did even a hearing in this House as it many qualify for the free and reduced because I also represent a lot of other relates to tax cuts for middle class lunch. He said we do not even pass out school districts, living in poverty and families, and so did a number of col- the form anymore because so many not having the kind of opportunity leagues on this side even had proposals kids qualify, it is more expensive to ad- that they should have because they are that would help small businesses more minister the program by passing things born on this soil here. It gets frus- than the majority proposals would help out and trying to figure out who we trating. small businesses or recommended help- can give it to than it is to just give it Mr. MEEK of Florida. If you are not ing small businesses. to everybody in the school. Can you passionate, if you did not have a spe- I think it is important for us to look imagine that? cial place in your heart and your mind, at when we talk about tax cuts and

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That is where it Members on this side of the aisle that by, we leave the lights on. Those are comes down to. are not willing to take it. Now, I’m themes. Those are slogans. That is a Members need to understand that the saying some people might say take it marketing campaign. That is not gov- American people are going to have to any more, but we never took it. We are ernance. Let us just share this for a make a choice, and they will make a making sure we bring the fight to the moment. choice in the coming months. You said majority side. If they want to work Let me just translate for the Presi- it and I will say it again. We are ready, against the will of everyday American dent. What he is talking about, and the prepared, we have our chin strap buck- people, we are going to give the Amer- majority of the House of Representa- led, Super Bowl coming up, to lead, not ican people the voice. Even if they are tives is talking about, the extension of next year but right now. If the major- Republicans, even if they are Independ- ity side wants to have a paradigm shift capital gains and dividend tax breaks ents, even if they are part of the Re- and say that we want a bipartisan were provided to the top 1 percent tax form Party, they are Americans. We working group on making sure that we cuts up to $14,361 in 2010. Meanwhile, have been federalized to represent do things the way we are supposed to using the same timeline, middle class, them, and they will receive their rep- do it here, then, fine, we can get to low-income families would only get $41. resentation. I can tell you, either everyone in work now. Mr. RYAN of Ohio. I appreciate that, America has to be part of the top 1 per- b 2045 my good friend from Florida. We are cent to enjoy the majority’s vision on about to wrap up, and I think what we the Republican side or else. That is it. But as long as the Republican major- are saying is, we want a chance. We Either you pull yourself up by your ity feels that they need to hold us down, Mr. RYAN: oh, we got to keep want an opportunity to lead this coun- bootstraps, Republicans, Democrats, those Democratic ideas down; oh, we try. As we close here, Mr. MEEK, I just Independents, Green Party and Reform have to procedurally not allow them to want to say that our caucus had an Party members, or you get the $41. bring ideas to the floor; oh, we need to election today. That is just where it is. You get what gavel them down in committee when kind of tax cut? $41. It almost costs $41 Mr. MEEK of Florida. I have already they try to present these ideas because to prepare your taxes. So the tax guy mentioned it. we don’t want our Members to vote for takes that right off the top. You do not Mr. RYAN of Ohio. Have you? them because they may be judged by even see that. It is just enough to pre- their constituents, I can tell you, and I Mr. MEEK of Florida. But go ahead. pare your taxes and report to this gov- am so glad I thought of this, Mr. RYAN, Mr. RYAN of Ohio. Well, I just want- ernment. and I know you have the next hour, but ed to personally congratulate JOHN I think it is important that we break let me just say this real quickly. LARSON of Connecticut, who is our new this thing down for the American peo- A perfect example: vindication with- vice-chair of the Democratic Caucus. ple, that they understand exactly what in our lifetime is wonderful, within our We had a great race. It is sometimes is going on and that we let the major- political lifetime of the 109th Congress. difficult within the caucus. JAN SCHA- ity side, as we did with the K Street Social Security. The President last KOWSKY from Illinois and JOE CROWLEY project, as we talked about the Repub- night said, Well, you know, we have to from New York both ran great races, lican culture of corruption and cro- work on Social Security. Well, the Con- both great members of our caucus. But nyism and incompetence, I cannot say gress stopped the President and the this was something that really got it enough because there is no better majority side from the privatization of everybody’s juices flowing and ready vindication than being right. Social Security last year. for the next year. I tell you, some people wait years. Mr. RYAN of Ohio. Democrats. I want to give our e-mail address out. Some folks say, well, maybe 10 years Mr. MEEK of Florida. Democrats. [email protected], so from now they will realize what this Democrats. And Mr. RYAN, in the 30- the Members can give us a holler, if Republican majority has embraced as somethings we like to tell the truth, so they want to. That is 30, the number, doing business in Washington, D.C., but a few Republicans, just a few in this [email protected]. Send there is a higher power that will reveal House, stopped the Republican major- to his people what is going on in this ity. And guess what? And everyday- us your e-mails and let us know what you think. You can go to the leader’s government that has he ordained. You working Americans, Mr. RYAN. The say you have 12 years of Catholic millions of Americans that wrote their Web site and find out about our innova- school. I have got about forty-some Members of Congress. tion agenda; you can find out about years of Mount Table Missionary Bap- But on the Democratic side we had what the Democratic plan is to lead tist Church in me, and I have been in hundreds of town hall meetings inform- this country in the next few years and the neighborhood where when folks ing Americans about what this Con- in the next few decades. It is exciting pray hard, they pray hard. I have been gress was going to do to them on behalf stuff, it really is, and I am proud to be in street revivals. I have seen evangel- of special interests. The only guarantee a part of it. I want to thank Leader ists on television. I have seen them was special interests were going to get PELOSI and STENY HOYER and Mr. CLY- under a tent, but the bottom line is their money off the top and their bene- BURN as well. whether it be Christian or a Jewish fits were going to go down. Mr. MEEK of Florida. Thank you, person or a Muslim, I am going to tell But, guess what? Now the President Mr. RYAN, for joining us. We are going you right now, regardless of what one’s is saying that because it takes a little to spare the great staff here in the faith is, right is right and wrong is blood and fire in this thing, oh, maybe Chamber. It was a long night last wrong. we can put together another, and an- night. We are going to call it a night I would tell you, if we make things other, I think it is the fourth or fifth with this hour. We will not take our permanent and totally lock in middle so-called bipartisan commission to second hour. We want to once again America, poor people in this country look at Social Security. thank the Democratic leadership for into what the President is talking I’m going to tell you, Mr. RYAN, the allowing us to have this hour, Mr. about, we better all try to be part of only way we fight, the only way we win Speaker.

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CORRECTION TO THE CONGRES- Mr. NUSSLE, for 5 minutes, today. mitting the Department’s final rule — Air- SIONAL RECORD OF TUESDAY, Ms. FOXX, for 5 minutes, today. (The worthiness Directives; Pratt & Whitney JANUARY 31, 2006, AT PAGE H5 following Member (at his own request) JT9D-7R4 Turbofan Engines [Docket No. to revise and extend his remarks and FAA-2005-23072; Directorate Identifier 2005- NE-38-AD; Amendment 39-14430; AD 2005-26- include extraneous material:) JOINT SESSION OF THE CON- 09] (RIN: 2120-AA64) received January 24, Mr. RAHALL, for 5 minutes, today. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the GRESS—STATE OF THE UNION f Committee on Transportation and Infra- MESSAGE structure. ADJOURNMENT The SPEAKER laid before the House 6065. A letter from the Program Analyst, the following privileged Senate concur- Mr. MEEK of Florida. Mr. Speaker, FAA, Department of Transportation, trans- rent resolution (S. Con. Res. 77) to pro- pursuant to the order of the House of mitting the Department’s final rule — Estab- vide for a joint session of Congress to today, I move that the House do now lishment of Class D Airspace, Modification to Class E; Galveston, TX [Docket No. FAA- receive a message from the President adjourn. The motion was agreed to. 2005-22999; Airspace Docket No. 2004-ASW-20] on the state of the Union. received January 24, 2006, pursuant to 5 The Clerk read the Senate concur- The SPEAKER pro tempore (Mr. U.S.C. 801(a)(1)(A); to the Committee on rent resolution, as follows: WESTMORELAND). Accordingly, pursu- Transportation and Infrastructure. ant to the previous order of the House 6066. A letter from the Chief, Publications S. CON. RES. 77 of today, the House stands adjourned and Regulations Branch, Internal Revenue Resolved by the Senate (the House of Rep- until 2 p.m. on Friday, February 3, 2006, Service, transmitting the Service’s final rule resentatives concurring), That the two Houses unless it sooner has received a message — Treatment of Certain Travel, Lodging, and of Congress assemble in the Hall of the Other Allowances Paid by Federal Executive House of Representatives on Tuesday, Janu- from the Senate transmitting its adoption of House Concurrent Resolution Agencies to Employees Evacuated from Hur- ary 31, 2006, at 9 p.m., for purpose of receiv- ricane Katrina Core Disaster Area [Notice ing such communication as the President of 332, in which case the House shall stand 2006-10] received January 18, 2006, pursuant the United States shall be pleased to make adjourned pursuant to that concurrent to 5 U.S.C. 801(a)(1)(A); to the Committee on to them. resolution. Ways and Means. The Senate concurrent resolution Thereupon (at 8 o’clock and 50 min- 6067. A letter from the Chief, Publications was concurred in. utes p.m.), pursuant to the previous and Regulations Branch, Internal Revenue A motion to reconsider was laid on order of the House of today, the House Service, transmitting the Service’s final rule the table. adjourned until 2 p.m. on Friday, Feb- — Determination of Basis of Stock or Securi- ruary 3, 2006, unless it sooner has re- ties received in Exchange For, or With Re- f spect to, Stock or Securities in Certain ceived a message from the Senate LEAVE OF ABSENCE Transactions; Treatment of Excess Loss Ac- transmitting its adoption of House counts [TD 9244] (RIN: 1545-BC05) (RIN: 1545- By unanimous consent, leave of ab- Concurrent Resolution 332, in which BE88) received January 25, 2006, pursuant to sence was granted to: case the House shall stand adjourned 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. GARY G. MILLER of California (at pursuant to that concurrent resolution. Ways and Means. the request of Mr. BLUNT) for today on f 6068. A letter from the Chief, Publications account of illness. and Regulations Branch, Internal Revenue f EXECUTIVE COMMUNICATIONS, Service, transmitting the Service’s final rule ETC. — Statutory Mergers and Consolidations [TD SPECIAL ORDERS GRANTED 9242] (RIN: 1545-BA06) (RIN: 1545-BD76) re- Under clause 8 of rule XII, executive ceived January 25, 2006, pursuant to 5 U.S.C. By unanimous consent, permission to communications were taken from the address the House, following the legis- 801(a)(1)(A); to the Committee on Ways and Speaker’s table and referred as follows: Means. lative program and any special orders 6060. A letter from the Director, Financial 6069. A letter from the Chief, Publications heretofore entered, was granted to: Crimes Enforcement Network, Department and Regulations Branch, Internal Revenue (The following Members (at the re- of the Treasury, transmitting the Depart- Service, transmitting the Service’s final rule quest of Mr. GEORGE MILLER of Cali- ment’s final rule — Financial Crimes En- — Reporting for Widely Held Fixed Invest- fornia) to revise and extend their re- forcement Network; Anti-Money Laundering ment Trusts [TD 9241] (RIN: 1545-BA83) remarks and include extraneous mate- Programs; Special Due Diligence Programs ceived January 25, 2006, pursuant to 5 U.S.C. rial:) for Certain Foreign Accounts (RIN: 1506- 801(a)(1)(A); to the Committee on Ways and Mr. SKELTON, for 5 minutes, today. AA29) received January 6, 2006, pursuant to 5 Means. U.S.C. 801(a)(1)(A); to the Committee on Fi- 6070. A letter from the Acting Chief, Publi- Mr. DEFAZIO, for 5 minutes, today. nancial Services. cations and Regulations Branch, Internal Ms. WOOLSEY, for 5 minutes, today. 6061. A letter from the Chairman, Council Revenue Service, transmitting the Service’s Mr. PALLONE, for 5 minutes, today. of the District of Columbia, transmitting a final rule — Administrative, Procedural, and Mr. SCHIFF, for 5 minutes, today. copy of D.C. ACT 16–249, ‘‘Brentwood Retail Miscellaneous Matters (Rev. Proc. 2006-5) re- Ms. KAPTUR, for 5 minutes, today. Center Real Property Tax Exemption Act of ceived January 6, 2006, pursuant to 5 U.S.C. Mr. EMANUEL, for 5 minutes, today. 2006,’’ pursuant to D.C. Code section 1– 801(a)(1)(A); to the Committee on Ways and Mr. FALEOMAVAEGA, for 5 minutes, 233(c)(1); to the Committee on Government Means. today. Reform. 6071. A letter from the Acting Chief, Publi- Ms. LEE, for 5 minutes, today. 6062. A letter from the Program Analyst, cations and Regulations Branch, Internal Mr. MCDERMOTT, for 5 minutes, FAA, Department of Transportation, trans- Revenue Service, transmitting the Service’s today. mitting the Department’s final rule — final rule — Administrative, Procedural, and Standard Instrument Approach Procedures; Miscellaneous (Rev. Proc. 2005-4) received Ms. CORRINE BROWN of Florida, for 5 Miscellaneous Amendments [Docket No. January 6, 2006, pursuant to 5 U.S.C. minutes, today. 30472; Amdt. No. 3147] received January 24, 801(a)(1)(A); to the Committee on Ways and Mr. STUPAK, for 5 minutes, today. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Means. (The following Members (at the re- Committee on Transportation and Infra- 6072. A letter from the Acting Chief, Publi- quest of Mr. POE) to revise and extend structure. cations and Regulations Branch, Internal their remarks and include extraneous 6063. A letter from the Program Analyst, Revenue Service, transmitting the Service’s material:) FAA, Department of Transportation, trans- final rule — Administrative, Procedural, and Mr. BURTON of Indiana, for 5 minutes, mitting the Department’s final rule — Miscellaneous (Rev. Proc. 2006-6) received today. Standard Instrument Approach Procedures; January 6, 2006, pursuant to 5 U.S.C. Miscellaneous Amendments [Docket No. 801(a)(1)(A); to the Committee on Ways and Mr. POE, for 5 minutes, today. 30474; Amdt. No. 3149] received January 24, Means. Mr. JONES of North Carolina, for 5 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6073. A letter from the Acting Chief, Publi- minutes, today, and February 7 and 8. Committee on Transportation and Infra- cations and Regulations Branch, Internal Mr. MACK, for 5 minutes, today. structure. Revenue Service, transmitting the Service’s Mr. WELDON of Florida, for 5 minutes, 6064. A letter from the Program Analyst, final rule — Administrative, Procedural, and today. FAA, Department of Transportation, trans- Miscellaneous (Rev. Proc. 2006-8) received

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January 6, 2006, pursuant to 5 U.S.C. Mr. BURTON of Indiana, Mrs. MCCAR- LINDA T. SA´ NCHEZ of California, Mr. 801(a)(1)(A); to the Committee on Ways and THY, Mr. CARDOZA, Mr. MACK, Ms. SANDERS, Ms. SCHAKOWSKY, Mr. Means. BEAN, Mr. CROWLEY, Mr. LYNCH, Mrs. SCHIFF, Mr. SCOTT of Georgia, Mr. 6074. A letter from the Acting Chief, Publi- JO ANN DAVIS of Virginia, Mr. CHAN- SCOTT of Virginia, Ms. SCHWARTZ of cations and Regulations Branch, Internal DLER, Mr. BROWN of South Carolina, Pennsylvania, Mr. SHERMAN, Mr. Revenue Service, transmitting the Service’s Mr. MCCAUL of Texas, Mr. KING of SMITH of Washington, Ms. SOLIS, Mr. final rule — Administrative, Procedural, and New York, Mr. ISRAEL, Ms. BERKLEY, STARK, Mr. STRICKLAND, Mrs. TAU- Miscellaneous (Rev. Proc. 2006-14) received Mr. POE, Mr. ROYCE, Mrs. BLACKBURN, SCHER, Mr. TAYLOR of Mississippi, Mr. January 9, 2006, pursuant to 5 U.S.C. Mr. TANCREDO, Mr. SCHIFF, Mr. SHER- THOMPSON of California, Mr. TIERNEY, 801(a)(1)(A); to the Committee on Ways and MAN, and Mr. NADLER): Mr. TOWNS, Mr. UDALL of Colorado, Means. H.R. 4681. A bill to promote the develop- Mr. UDALL of New Mexico, Mr. VAN 6075. A letter from the Acting Chief, Publi- ment of democratic institutions in areas HOLLEN, Mr. VISCLOSKY, Ms. cations and Regulations Branch, Internal under the administrative control of the Pal- WASSERMAN SCHULTZ, Ms. WATERS, Revenue Service, transmitting the Service’s estinian Authority, and for other purposes; Ms. WATSON, Mr. WEINER, Mr. WEX- final rule — Credit for New Qualified Alter- to the Committee on International Rela- LER, Ms. WOOLSEY, and Mr. WU): native Motor Vehicles (Advanced Lean Burn tions, and in addition to the Committees on H.R. 4682. A bill to provide more rigorous Technology Motor Vehicles and Qualified the Judiciary, and Financial Services, for a requirements with respect to disclosure and Hybrid Motor Vehicles) [Notice 2006-9] re- period to be subsequently determined by the enforcement of ethics and lobbying laws and ceived January 18, 2006, pursuant to 5 U.S.C. Speaker, in each case for consideration of regulations, and for other purposes; to the 801(a)(1)(A); to the Committee on Ways and such provisions as fall within the jurisdic- Committee on the Judiciary, and in addition Means. tion of the committee concerned. to the Committees on Rules, Government 6076. A letter from the Acting Chief, Publi- By Ms. PELOSI (for herself, Mr. HOYER, Reform, Standards of Official Conduct, cations and Regulations Branch, Internal Mr. CLYBURN, Mr. GEORGE MILLER of Armed Services, and House Administration, Revenue Service, transmitting the Service’s California, Ms. DELAURO, Mr. EMAN- for a period to be subsequently determined final rule — Low-Income Housing Credit UEL, Mr. DINGELL, Mr. CONYERS, Mr. by the Speaker, in each case for consider- (Rev. Rul. 2006-5) received January 18, 2006, OBEY, Mr. RANGEL, Mr. WAXMAN, Mr. ation of such provisions as fall within the ju- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- SKELTON, Mr. FRANK of Massachu- risdiction of the committee concerned. mittee on Ways and Means. setts, Mr. LANTOS, Mr. BERMAN, Mr. By Mr. DINGELL (for himself, Mr. 6077. A letter from the Acting Chief, Publi- SPRATT, Ms. SLAUGHTER, Mr. EVANS, STARK, Mr. BROWN of Ohio, Mr. WAX- cations and Regulations Branch, Internal Mr. PETERSON of Minnesota, Ms. MAN, Mr. RANGEL, Mr. WYNN, Mr. Revenue Service, transmitting the Service’s MILLENDER-MCDONALD, Ms. HARMAN, STRICKLAND, Mr. BOUCHER, Ms. BALD- final rule — Guidance Under Subpart F Re- Mr. ACKERMAN, Mr. ALLEN, Mr. AN- WIN, Ms. SCHAKOWSKY, Mr. RUSH, Mr. lating to Partnerships [TD 9240] (RIN: 1545- DREWS, Mr. BACA, Mr. BAIRD, Ms. TOWNS, Mr. ROSS, Mr. MARKEY, Mr. BF15) received January 18, 2006, pursuant to BALDWIN, Mr. BARROW, Ms. BEAN, Mr. GENE GREEN of Texas, and Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on BECERRA, Ms. BERKLEY, Mr. BERRY, ALLEN): H.R. 4683. A bill to provide quality, afford- Ways and Means. Mr. BISHOP of New York, Mr. BISHOP able health care for all Americans; to the 6078. A letter from the Acting Chief, Publi- of Georgia, Mr. BLUMENAUER, Ms. Committee on Ways and Means, and in addi- cations and Regulations Branch, Internal BORDALLO, Mr. BOSWELL, Mr. BROWN tion to the Committees on Energy and Com- Revenue Service, transmitting the Service’s of Ohio, Mr. BUTTERFIELD, Mrs. merce, and Government Reform, for a period final rule — Determination of Issue Price in CAPPS, Mr. CARDIN, Mr. CARNAHAN, to be subsequently determined by the Speak- the Case of Certain Debt Instruments Issued Ms. CARSON, Mr. CASE, Mr. CHAN- er, in each case for consideration of such pro- for Property (Rev. Rul. 2006-7) received Janu- DLER, Mr. CLAY, Mr. CLEAVER, Mr. visions as fall within the jurisdiction of the ary 20, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); COOPER, Mr. CROWLEY, Mr. CUELLAR, committee concerned. to the Committee on Ways and Means. Mr. CUMMINGS, Mr. DAVIS of Ala- By Mr. CRAMER: 6079. A letter from the Acting Chief, Publi- bama, Mrs. DAVIS of California, Mr. H.R. 4684. A bill to amend the Small Busi- cations and Regulations Branch, Internal DAVIS of Florida, Mr. DAVIS of Illi- ness Act to provide for an increase in the Revenue Service, transmitting the Service’s nois, Mr. DAVIS of Tennessee, Mr. amount of awards under the first and second final rule — Determination of Issue Price in DEFAZIO, Ms. DEGETTE, Mr. DELA- phases of the Small Business Innovation Re- the Case of Certain Debt Instruments Issued HUNT, Mr. DICKS, Mr. DOGGETT, Mr. search program; to the Committee on Small for Property (Rev. Rul. 2006-7) received Janu- EDWARDS, Mr. ETHERIDGE, Ms. ESHOO, Business, and in addition to the Committee ary 25, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. FALEOMAVAEGA, Mr. FARR, Mr. on Science, for a period to be subsequently to the Committee on Ways and Means. FATTAH, Mr. FILNER, Mr. FORD, Mr. determined by the Speaker, in each case for f GONZALEZ, Mr. GORDON, Mr. AL consideration of such provisions as fall with- GREEN of Texas, Mr. GENE GREEN of in the jurisdiction of the committee con- REPORTS OF COMMITTEES ON Texas, Mr. GRIJALVA, Mr. GUTIERREZ, cerned. PUBLIC BILLS AND RESOLUTIONS Mr. HASTINGS of Florida, Ms. By Mr. DINGELL (for himself, Mr. Under clause 2 of rule XIII, reports of HERSETH, Mr. HIGGINS, Mr. HINCHEY, RANGEL, Mr. SPRATT, Mr. WAXMAN, Mr. HINOJOSA, Mr. HONDA, Mr. HOLT, Mr. BROWN of Ohio, Mr. STARK, Ms. committees were delivered to the Clerk Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, for printing and reference to the proper PELOSI, Mr. MARKEY, Mrs. CAPPS, Mr. Mr. JACKSON of Illinois, Ms. JACKSON- BOUCHER, Ms. SCHAKOWSKY, Ms. calendar, as follows: LEE of Texas, Ms. EDDIE BERNICE DEGETTE, Mr. PALLONE, Ms. SOLIS, Mr. OXLEY: Committee on Financial Serv- JOHNSON of Texas, Mr. KENNEDY of Ms. BALDWIN, Mr. GENE GREEN of ices. H.R. 4320. A bill to restore the financial Rhode Island, Mr. KILDEE, Mr. KIND, Texas, Mr. GORDON, Mr. ALLEN, Mr. solvency of the national flood insurance pro- Mr. KUCINICH, Mr. LANGEVIN, Mr. INSLEE, Mr. CLEAVER, Ms. SLAUGH- gram, and for other purposes; with an LARSEN of Washington, Mr. LARSON TER, Mr. EMANUEL, Mr. NEAL of Mas- amendment (Rept. 109–370). Referred to the of Connecticut, Ms. LEE, Mr. LEVIN, sachusetts, Mr. DELAHUNT, Mr. DOG- Committee of the Whole House on the State Mr. LEWIS of Georgia, Mr. LIPINSKI, GETT, Mr. CONYERS, Ms. MATSUI, Mr. of the Union. Ms. ZOE LOFGREN of California, Mrs. BERMAN, Mr. LARSON of Connecticut, LOWEY, Mr. LYNCH, Mrs. MCCARTHY, f Mr. CARDIN, Mr. MCNULTY, Mr. HOL- Ms. MCCOLLUM of Minnesota, Mr. DEN, Mr. OWENS, Ms. HER- PUBLIC BILLS AND RESOLUTIONS MCDERMOTT, Mr. MCGOVERN, Mr. SETH, and Mrs. MCCARTHY): Under clause 2 of rule XII, public MCNULTY, Mrs. MALONEY, Mr. MAR- H.R. 4685. A bill to amend titles XVIII and KEY, Ms. MATSUI, Mr. MEEHAN, Mr. bills and resolutions were introduced XIX of the Social Security Act to assure un- MEEK of Florida, Mr. MELANCON, Mr. interrupted access to necessary medicines and severally referred, as follows: MICHAUD, Mr. MILLER of North Caro- under the Medicare prescription drug pro- By Mr. WELLER (for himself and Mr. lina, Mr. MOORE of Kansas, Mr. gram; to the Committee on Energy and Com- MORAN of Virginia): MORAN of Virginia, Mr. NADLER, Mrs. merce, and in addition to the Committee on H.R. 4680. A bill to provide temporary duty NAPOLITANO, Ms. NORTON, Mr. OLVER, Ways and Means, for a period to be subse- suspension on products from Sri Lanka; to Mr. ORTIZ, Mr. OWENS, Mr. PALLONE, quently determined by the Speaker, in each the Committee on Ways and Means. Mr. PASCRELL, Mr. POMEROY, Mr. case for consideration of such provisions as By Ms. ROS-LEHTINEN (for herself, PRICE of North Carolina, Mr. REYES, fall within the jurisdiction of the committee Mr. LANTOS, Mr. CANTOR, Mr. Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL- concerned. CHABOT, Mr. ACKERMAN, Mr. ENGEL, ALLARD, Mr. RUPPERSBERGER, Mr. By Mr. GILCHREST (for himself and Mr. PENCE, Mr. WELLER, Ms. HARRIS, RYAN of Ohio, Mr. SALAZAR, Ms. Mr. POMBO):

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A bill to direct the Secretary of Member to a certain standing committee of National Guard and Reserve members ad- Labor to prescribe additional coal mine safe- the House of Representatives; considered and versely affected by the closure or realign- ty standards, to require additional penalties agreed to. ment of reserve component facilities by au- for habitual violators, and for other pur- By Mr. FORD (for himself, Mr. CAR- thorizing their temporary detail to duty poses; to the Committee on Education and DOZA, and Mr. DAVIS of Tennessee): with other reserve component units; to the the Workforce. H. Res. 665. A resolution honoring the serv- Committee on Armed Services. By Mr. ROGERS of Michigan: ice of the National Guard and requesting By Mr. HAYES (for himself, Mrs. H.R. 4696. A bill to make certain reforms in consultation by the Department of Defense MYRICK, Mr. PRICE of North Carolina, lobbying, ethics, and campaign finance laws, with Congress and the chief executive offi- Mr. COBLE, Mr. WATT, Mr. MILLER of and for other purposes; to the Committee on cers of the States prior offering proposals to North Carolina, Mr. BUTTERFIELD, the Judiciary, and in addition to the Com- change the National Guard force structure; Mr. MCHENRY, Mr. JONES of North mittees on Government Reform, House Ad- to the Committee on Armed Services. Carolina, Mr. ETHERIDGE, Ms. FOXX, ministration, Rules, and Resources, for a pe- By Mr. GOODE (for himself and Mr. Mr. MCINTYRE, and Mr. TAYLOR of riod to be subsequently determined by the MCCOTTER): North Carolina): Speaker, in each case for consideration of H. Res. 666. A resolution amending the H.R. 4688. A bill to designate the facility of such provisions as fall within the jurisdic- Rules of the House of Representatives to pro- the United States Postal Service located at 1 tion of the committee concerned. hibit privately-funded travel by any Mem- Boyden Street in Badin, North Carolina, as By Mr. SANDERS (for himself, Mr. ber, Delegate, Resident Commissioner, offi- the ‘‘Mayor John Thompson ‘Tom’ Garrison KUCINICH, Mr. DEFAZIO, Mr. OWENS, cer, or employee of the House; to the Com- Memorial Post Office’’; to the Committee on Ms. LEE, Mr. HINCHEY, Mr. PAYNE, mittee on Rules. Government Reform. Mr. GRIJALVA, Mr. OLVER, Mr. STARK, By Mr. KUHL of New York: By Ms. HERSETH (for herself, Mrs. Ms. WOOLSEY, Mr. NADLER, Mr. H. Res. 667. A resolution commending hos- CUBIN, and Ms. KAPTUR): MCGOVERN, Ms. KAPTUR, Mr. CON- pice care providers such as Hospeace House H.R. 4689. A bill to amend the Federal Meat YERS, Ms. CORRINE BROWN of Florida, for allowing people with life-limiting illness Inspection Act to provide that a quality Mrs. EMERSON, and Mr. TIERNEY): or injury to die pain-free and with dignity; grade label issued by the Secretary of Agri- H.R. 4697. A bill to amend title XVIII of the to the Committee on Energy and Commerce. culture for beef and lamb may not be used Social Security Act to replace the Medicare By Mr. REYES (for himself, Mr. BAR- for imported beef or imported lamb; to the prescription drug benefit adopted by the TON of Texas, Mr. BONILLA, Mr. COLE Committee on Agriculture. Medicare Prescription Drug, Improvement, of Oklahoma, Mr. CONAWAY, Mr. CON- By Ms. KAPTUR: and Modernization Act of 2003 with a revised YERS, Mr. CUELLAR, Mr. CULBERSON, H.R. 4690. A bill to amend section 207 of and simplified prescription benefit program Mr. CUMMINGS, Mr. DOGGETT, Mr. title 18, United States Code, to further re- for all Medicare beneficiaries; to the Com- EDWARDS, Mr. EVANS, Mr. FORD, Mr. strict Federal officers and employees from mittee on Energy and Commerce, and in ad- GONZALEZ, Ms. GRANGER, Mr. representing or advising foreign entities dition to the Committee on Ways and Means, GRAVES, Mr. AL GREEN of Texas, Mr. after leaving Government service; to the for a period to be subsequently determined GENE GREEN of Texas, Mr. GRIJALVA, Committee on the Judiciary. by the Speaker, in each case for consider- Mr. HALL, Mr. HASTINGS of Florida, By Ms. KAPTUR (for herself and Mr. ation of such provisions as fall within the ju- Mr. HINOJOSA, Ms. JACKSON-LEE of THOMPSON of Mississippi): risdiction of the committee concerned. Texas, Mr. JEFFERSON, Ms. EDDIE H.R. 4691. A bill to establish a Gulf Coast By Mr. SENSENBRENNER: BERNICE JOHNSON of Texas, Ms. KIL- Region Redevelopment Commission to co- H.R. 4698. A bill to provide liability protec- PATRICK of Michigan, Mr. LUCAS, Mr. ordinate and manage the Federal response to tion for individuals who volunteer to assist MCDERMOTT, Ms. MCKINNEY, Mr. and cooperate with State and local entities victims of national disasters; to the Com- MEEKS of New York, Mr. MORAN of in rebuilding that part of the Gulf Coast re- mittee on the Judiciary. Kansas, Mr. ORTIZ, Mr. RANGEL, Mr. gion damaged by Hurricanes Katrina and By Mr. UDALL of Colorado (for him- RUPPERSBERGER, Ms. SCHAKOWSKY, Rita; to the Committee on Transportation self, Mr. COOPER, and Mrs. MUS- Mr. SERRANO, Mr. SMITH of Texas, and Infrastructure. GRAVE): Mr. SNYDER, and Mr. THOMPSON of By Ms. KAPTUR: H.R. 4699. A bill to facilitate Presidential Mississippi): H.R. 4692. A bill to amend the Federal Elec- leadership and Congressional accountability H. Res. 668. A resolution celebrating the tion Campaign Act of 1971 to prohibit con- regarding reduction of spending; to the Com- 40th anniversary of Texas Western’s 1966 tributions and expenditures by multi- mittee on the Budget, and in addition to the NCAA Basketball Championship and recog- candidate political committees controlled by Committee on Rules, for a period to be sub- nizing the groundbreaking impact of the foreign-owned corporations, and for other sequently determined by the Speaker, in title game victory on diversity in sports and purposes; to the Committee on House Admin- each case for consideration of such provi- civil rights in America; to the Committee on istration, and in addition to the Committee sions as fall within the jurisdiction of the Education and the Workforce. on the Judiciary, for a period to be subse- committee concerned. By Mr. STARK: quently determined by the Speaker, in each By Mr. UPTON: H. Res. 669. A resolution directing the Ser- case for consideration of such provisions as H.R. 4700. A bill to provide for the condi- geant-at Arms of the House of Representa- fall within the jurisdiction of the committee tional conveyance of any interest retained tives to report to the House on the cir- concerned. by the United States in St. Joseph Memorial cumstances surrounding the removal of two By Ms. NORTON: Hall in St. Joseph, Michigan; to the Com- individuals from the gallery of the House H.R. 4693. A bill to amend title III of the mittee on Transportation and Infrastruc- prior to the beginning of the State of the Higher Education Act of 1965 to include the ture. Union address on January 31, 2006, based on University of the District of Columbia as an By Ms. KAPTUR: the allegation that the individuals were en- eligible graduate institution, and for other H.J. Res. 76. A joint resolution proposing gaging in protest solely because the individ- purposes; to the Committee on Education an amendment to the Constitution of the uals wore shirts with printing on the front; and the Workforce. United States relating to limitations on the to the Committee on House Administration. By Mr. OBEY (for himself, Mr. FRANK amounts of contributions and expenditures f of Massachusetts, Ms. DELAURO, Mr. that may be made in connection with cam- FILNER, Mr. ISRAEL, Mr. MCGOVERN, paigns for election to public office; to the ADDITIONAL SPONSORS Mr. RYAN of Ohio, and Mr. WAXMAN): Committee on the Judiciary. Under clause 7 of rule XII, sponsors H.R. 4694. A bill to amend the Federal Elec- By Ms. PRYCE of Ohio: tion Campaign Act of 1971 to provide for ex- H. Con. Res. 332. Concurrent resolution were added to public bills and resolu- penditure limitations and public financing providing for a conditional adjournment of tions as follows: for House of Representatives general elec- the House of Representatives; considered and H.R. 47: Ms. HARRIS. tions, and for other purposes; to the Com- agreed to. H.R. 136: Mr. BOOZMAN. mittee on House Administration, and in ad- By Ms. KAPTUR: H.R. 156: Mr. EDWARDS. dition to the Committees on Ways and H. Con. Res. 333. Concurrent resolution ex- H.R. 215: Mr. MCCOTTER and Mr. CLYBURN. Means, and Rules, for a period to be subse- pressing the sense of Congress that the Su- H.R. 303: Mr. THOMPSON of California, Mr. quently determined by the Speaker, in each preme Court misinterpreted the First DAVIS of Tennessee and Mr. FRANK of Massa- case for consideration of such provisions as Amendment to the Constitution in the case chusetts.

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H.R. 328: Mr. MARSHALL. H.R. 1709: Mr. KENNEDY of Rhode Island and H.R. 3449: Mr. GUTIERREZ. H.R. 356: Mr. MELANCON, Mr. ROGERS of Mr. MEEHAN. H.R. 3476: Mr. OLVER and Mr. BASS. Michigan, Mr. BRADY of Texas, Mr. MARIO H.R. 1736: Mr. KLINE and Mr. DAVIS of Ken- H.R. 3478: Ms. BORDALLO and Mr. CUM- DIAZ-BALART of Florida and Mr. OSBORNE. tucky. MINGS. H.R. 389: Mr. CASE. H.R. 1849: Mr. GERLACH. H.R. 3545: Mr. STARK. H.R. 398: Mr. CASE, Mr. PALLONE, Mr. H.R. 1850: Mr. VAN HOLLEN and Mr. MEE- H.R. 3547: Mr. REYES and Mr. OTTER. HONDA, Mr. GUTIERREZ and Mr. OBERSTAR. HAN. H.R. 3559: Mr. SIMMONS, Mr. LEACH, Mrs. H.R. 503: Mr. DENT. H.R. 1871: Mr. CHOCOLA. DAVIS of California, Mr. REYES, Mr. PLATTS, H.R. 566: Mr. ISRAEL. H.R. 1951: Mr. ANDREWS and Ms. Matsui. Mr. CROWLEY and Mr. KUHL of New York. H.R. 615: Mr. LIPINSKI, Mr. FITZPATRICK of H.R. 2048: Mr. BERMAN, Ms. LORETTA SAN- H.R. 3569: Mr. LARSEN of Washington. Pennsylvania, Mr. ISRAEL, Mr. MEEKS of New CHEZ of California, Mr. LEWIS of Georgia, Mr. H.R. 3579: Mr. MCGOVERN. York and Mr. JOHNSON of Illinois. SABO, Mr. ETHERIDGE, Mr. FORD, Mr. PETER- H.R. 3616: Mrs. LOWEY, Ms. BALDWIN, Mr. H.R. 625: Mr. MEEHAN and Mr. SHERMAN. SON of Minnesota, Ms. CORRINE BROWN of FATTAH, Mrs. MCCARTHY, Mr. FORBES, Mr. H.R. 676: Mr. WEXLER and Mr. BROWN of Florida and Mrs. JO ANN DAVIS of Virginia. KENNEDY of Rhode Island, Mrs. JO ANN DAVIS Ohio. H.R. 2076: Mr. PRICE of North Carolina. of Virginia and Mr. BOEHLERT. H.R. 691: Mr. FARR, Mrs. DAVIS of Cali- H.R. 2088: Mr. BEAUPREZ. H.R. 3625: Mr. SMITH of Washington. fornia and Mr. PEARCE. H.R. 2193: Mr. MEEHAN. H.R. 3628: Mr. MOORE of Kansas. H.R. 698: Mr. GOODLATTE. H.R. 2230: Mr. HASTINGS of Florida. H.R. 3639: Mr. PASTOR. H.R. 699: Mr. WATT. H.R. 2231: Ms. GINNY BROWN-WAITE of Flor- H.R. 3779: Mrs. JONES of Ohio. H.R. 717: Mr. WALSH. ida. H.R. 3795: Mr. BOEHLERT, Mr. FATTAH, Mr. H.R. 752: Mr. GENE GREEN of Texas. H.R. 2317: Mr. ABERCROMBIE. KILDEE and Mr. BISHOP of New York. H.R. 759: Mr. DAVIS of Illinois. H.R. 2369: Mr. TANCREDO, Mrs. BLACKBURN, H.R. 3837: Ms. MCCOLLUM of Minnesota. H.R. 799: Mr. WAXMAN. Mr. GORDON, Mr. MICHAUD, Mr. EDWARDS, Mr. H.R. 3852: Ms. BEAN and Ms. SCHWARTZ of H.R. 817: Ms. HOOLEY, Ms. PRYCE of Ohio, DAVIS of Tennessee and Mr. BURTON of Indi- Pennsylvania. Mr. FATTAH, Mr. GIBBONS, Mrs. MILLER of ana. H.R. 3861: Mr. NADLER, Ms. Moore of Wis- Michigan, Mr. FORD, Mr. MCCOTTER, Mr. H.R. 2412: Mr. MICHAUD. consin and Mr. VAN HOLLEN. ENGLISH of Pennsylvania, Mr. THOMPSON of H.R. 2521: Mrs. JONES of Ohio and Mr. H.R. 3907: Mr. CALVERT. Mississippi, Mr. GENE GREEN of Texas, Mr. LAHOOD. H.R. 3949: Mr. THOMPSON of Mississippi, Ms. BRADY of Pennsylvania, Mr. MEEKS of New H.R. 2553: Mr. DELAHUNT, Mr. MEEHAN and JACKSON-LEE of Texas, Mrs. MCCARTHY, Mr. York, Mr. ETHERIDGE, Mr. PITTS and Mr. Mr. BISHOP of New York. BOREN, Mr. SCHIFF, Mr. SIMMONS and Mr. SPRATT. H.R. 2554: Mr. BISHOP of Georgia, Mr. CLAY, COSTELLO. H.R. 831: Mr. CUMMINGS. Mr. CLEAVER, Mr. CLYBURN, Mr. DEFAZIO, H.R. 3957: Mr. BISHOP of Georgia and Mr. H.R. 867: Mr. RAHALL. Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. PASTOR. H.R. 872: Mr. FATTAH. KUCINICH, Ms. MCCOLLUM of Minnesota, Mr. H.R. 3973: Mr. VAN HOLLEN and Mr. FRANK H.R. 884: Mr. DOGGETT. MEEK of Florida, Mr. MEEKS of New York, of Massachusetts. H.R. 896: Mr. MORAN of Kansas, Mr. DEFA- Ms. NORTON, Mr. SANDERS, Ms. SCHAKOWSKY, H.R. 4019: Mr. PENCE, Mr. HENSARLING and ZIO and Mr. DAVIS of Florida. Mr. SERRANO, Ms. WATERS, Ms. WATSON and Mr. COBLE. H.R. 916: Mrs. TAUSCHER, Mr. BISHOP of Mr. WATT. H.R. 4030: Ms. JACKSON-LEE of Texas. Georgia, Ms. DELAURO, Ms. MOORE of Wis- H.R. 2669: Mr. ENGLISH of Pennsylvania, H.R. 4042: Mr. HALL. consin and Mr. BISHOP of New York. Mr. UDALL of Colorado, Mrs. BIGGERT, Mr. H.R. 4049: Mr. GALLEGLY. H.R. 925: Mr. WELDON of Pennsylvania and KENNEDY of Rhode Island, Mr. FATTAH, Mr. H.R. 4059: Mrs. MALONEY, Mr. CROWLEY, Ms. Mr. MURPHY. SNYDER, Mrs. JONES of Ohio, Mr. BOUCHER JACKSON-LEE of Texas, Mr. HINCHEY, Ms. H.R. 947: Mr. CALVERT. and Mr. PRICE of North Carolina. ROS-LEHTINEN, Mr. MCNULTY and Mr. TUR- H.R. 955: Mr. SHAYS. H.R. 2682: Mr. ROSS. NER. H.R. 986: Mrs. CAPITO. H.R. 2694: Mr. BOUCHER and Mr. RUSH. H.R. 4063: Mr. PLATTS, Mr. FRANK of Massa- H.R. 995: Mr. BROWN of Ohio and Mr. ROSS. H.R. 2727: Ms. EDDIE BERNICE JOHNSON of chusetts and Mr. KENNEDY of Rhode Island. H.R. 1000: Mr. SCHWARZ of Michigan. Texas, Mrs. TAUSCHER, Mr. PLATTS and Mr. H.R. 4072: Mr. FITZPATRICK of Pennsyl- H.R. 1029: Mr. ROTHMAN and Mr. MEEHAN. BACHUS. vania. H.R. 1053: Mr. DAVIS of Illinois, Mr. KIRK H.R. 2803: Mr. SULLIVAN and Mr. MORAN of H.R. 4098: Mr. SOUDER, Mr. GOODE, Mrs. and Mr. SIMMONS. Kansas. MCCARTHY, Mr. ROTHMAN and Mr. ROGERS of H.R. 1088: Mr. UDALL of Colorado. H.R. 2811: Mr. SHAYS. Alabama. H.R. 1105: Mr. MCNULTY. H.R. 2841: Mr. WAXMAN. H.R. 4140: Mr. CUMMINGS, Mr. FILNER, Mr. H.R. 1106: Mr. MICHAUD. H.R. 2861: Mr. PALLONE, Mr. COSTELLO, Mr. GONZALEZ, Mr. HASTINGS of Florida, Ms. H.R. 1120: Mr. BAIRD. SMITH of Washington, Mr. BONILLA and Mr. JACKSON-LEE of Texas, Mr. THOMPSON of Mis- H.R. 1150: Mr. BEAUPREZ. KNOLLENBERG. sissippi, Mr. ABERCROMBIE, Mr. JEFFERSON, H.R. 1186: Mr. MCCOTTER and Mr. JINDAL. H.R. 2872: Mr. UDALL of New Mexico, Mrs. Ms. MATSUI, Mr. RANGEL, Mr. SNYDER, Ms. H.R. 1252: Mr. VAN HOLLEN. CAPPS, Mr. SIMMONS, Mr. HUNTER, Mr. BON- WOOLSEY and Mr. CLAY. H.R. 1254: Mr. FILNER. NER, Mr. WALSH, Mr. CAMP of Michigan, Mr. H.R. 4141: Mr. FILNER, Mr. HASTINGS of H.R. 1259: Mr. REYNOLDS, Mr. NEY, Mr. SAM TOM DAVIS of Virginia, Mr. TANCREDO, Ms. Florida, Ms. JACKSON-LEE of Texas, Ms. Mat- JOHNSON of Texas, Mr. DEFAZIO and Mr. BEAN, Mr. CARDOZA, Mr. WHITFIELD, Mr. SUL- sui and Ms. WOOLSEY. UDALL of New Mexico. LIVAN and Mr. MEEK of Florida. H.R. 4166: Mr. JEFFERSON, Mr. MCNULTY H.R. 1262: Ms. WATERS and Ms. KAPTUR. H.R. 2895: Mr. BAIRD. and Mr. MCDERMOTT. H.R. 1298: Mr. PASCRELL, Ms. ROYBAL- H.R. 2928: Mr. MEEHAN. H.R. 4170: Mr. INGLIS of South Carolina and ALLARD and Mr. CLAY. H.R. 2989: Mr. ANDREWS, Mr. LANTOS, Mr. Mrs. MYRICK. H.R. 1306: Mr. NORWOOD, Mr. LARSON of BACHUS, Mr. ACKERMAN and Mr. STRICKLAND. H.R. 4186: Mr. EVANS. Connecticut, Mr. CARTER, Mr. REYES and Mr. H.R. 3000: Mr. FATTAH. H.R. 4228: Mr. POMEROY, Mr. HIGGINS and WALSH. H.R. 3005: Mrs. MUSGRAVE, Mr. BEAUPREZ Ms. SLAUGHTER. H.R. 1310: Mr. AL GREEN of Texas, Mr. MEE- and Mr. SALAZAR. H.R. 4229: Ms. MOORE of Wisconsin. HAN, Ms. HARMAN and Mr. PRICE of North H.R. 3061: Mr. LATOURETTE. H.R. 4233: Mr. SENSENBRENNER. Carolina. H.R. 3099: Mr. HONDA, Mr. FILNER and Mr. H.R. 4236: Mr. TURNER. H.R. 1323: Mr. MCHUGH. KUCINICH. H.R. 4239: Mr. SULLIVAN. H.R. 1370: Mr. HERGER, Mr. GIBBONS and H.R. 3147: Mrs. CUBIN. H.R. 4294: Mr. CASE. Mr. BUTTERFIELD. H.R. 3187: Mr. BLUMENAUER. H.R. 4300: Mr. EHLERS. H.R. 1413: Mr. MILLER of North Carolina. H.R. 3255: Ms. HOOLEY. H.R. 4315: Mr. FORD. H.R. 1462: Mr. PAUL. H.R. 3267: Mr. LANTOS. H.R. 4318: Mr. PLATTS, Mr. WHITFIELD, Mr. H.R. 1591: Mr. GEORGE MILLER of California H.R. 3312: Mr. KANJORSKI. HASTINGS of Washington, Mr. TANNER and and Mr. MEEHAN. H.R. 3313: Ms. WOOLSEY. Mrs. MYRICK. H.R. 1615: Mr. MEEHAN. H.R. 3326: Mr. ISRAEL. H.R. 4341: Mr. UPTON, Mrs. EMERSON, Mr. H.R. 1642: Mr. STARK, Mr. LEACH, Mr. KEN- H.R. 3361: Mr. BASS. BURTON of Indiana, Mr. BARTLETT of Mary- NEDY of Minnesota, Mr. RAMSTAD, Mr. H.R. 3385: Ms. BERKLEY. land, Mr. PENCE, Mr. REHBERG, Mr. DENT, MCCAUL of Texas, and Mr. BLUMENAUER. H.R. 3417: Mr. CUMMINGS. Mrs. CAPITO, Mrs. JO ANN DAVIS of Virginia, H.R. 1652: Ms. HOOLEY. H.R. 3427: Ms. WOOLSEY, Mr. KENNEDY of Mr. MCCAUL of Texas and Mr. BAKER. H.R. 1704: Mr. ENGLISH of Pennsylvania and Rhode Island, Mr. FRANK of Massachusetts, H.R. 4398: Mr. VAN HOLLEN. Mr. EMANUEL. Ms. HOOLEY and Mrs. MCCARTHY. H.R. 4416: Mr. FOLEY and Mr. ROTHMAN.

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H.R. 4434: Mr. KENNEDY of Rhode Island, H. Con. Res. 197: Ms. MATSUI. BRADY of Pennsylvania, Ms. CORRINE BROWN Mr. RUPPERSBERGER and Ms. MATSUI. H. Con. Res. 282: Mr. FATTAH, Ms. CARSON, of Florida, Mr. BROWN of Ohio, Mr. H.R. 4435: Mr. RUPPERSBERGER and Ms. Mr. HINCHEY, Mr. HONDA, Mr. CLAY, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CAPUANO, Mr. MATSUI. FRANK of Massachusetts, and Mr. RANGEL. CARDIN, Mr. CARNAHAN, Ms. CARSON, Mr. H.R. 4453: Mr. SENSENBRENNER. H. Con. Res. 306: Mr. BRADLEY of New CASE, Mr. CHANDLER, Mr. CLAY, Mr. H.R. 4465: Ms. LINDA T. SA´ NCHEZ of Cali- Hampshire. CLEAVER, Mr. COOPER, Mr. COSTA, Mr. COS- fornia, Mr. MOORE of Kansas, Mr. SMITH of H. Con. Res. 313: Mr. JEFFERSON. TELLO, Mr. CROWLEY, Mr. CUELLAR, Mr. CUM- Washington, Mr. INSLEE and Ms. HOOLEY. H. Res. 97: Mr. WALDEN of Oregon. MINGS, Mr. DAVIS of Alabama, Mr. DAVIS of H.R. 4472: Mr. DELAY, Mr. MCCOTTER and H. Res. 189: Mr. ROTHMAN. Illinois, Mr. DAVIS of Florida, Mrs. DAVIS of Mr. WELDON of Pennsylvania. H. Res. 322: Mr. ANDREWS. California, Mr. DELAHUNT, Ms. DELAURO, Mr. H.R. 4479: Mr. INSLEE and Mr. MCNULTY. H. Res. 323: Mr. JINDAL, Mr. PETERSON of DICKS, Mr. DINGELL, Mr. DOYLE, Mr. INNY ROWN AITE H.R. 4497: Ms. G B -W of Flor- Minnesota, Mr. LARSEN of Washington, Mr. EDWARDS, Mr. EMANUEL, Mr. ENGEL, Ms. ida and Mr. GARRETT of New Jersey. REYES, Mr. HOLDEN, Ms. LEE, Mr. BAIRD, Mr. ESHOO, Mr. ETHERIDGE, Mr. EVANS, Mr. H.R. 4507: Mrs. MCCARTHY. NEAL of Massachusetts, Mr. LEACH, Mr. JEF- FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. H.R. 4511: Mr. DUNCAN, Mr. SESSIONS, Mr. FERSON, Mr. EMANUEL, Mr. DAVIS of Ten- FILNER, Mr. FORD, Mr. FRANK of Massachu- WILSON of South Carolina, and Mr. BACHUS. nessee, Mr. SMITH of Washington, and Mr. setts, Mr. GONZALEZ, Mr. AL GREEN of Texas, H.R. 4524: Mr. EVANS and Mr. MICHAUD. KLINE. Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, H.R. 4533: Mr. CARDIN, Mr. GONZALEZ, and H. Res. 335: Mr. BRADLEY of New Hamp- Mr. HASTINGS of Florida, Mr. HIGGINS, Mr. Mr. OWENS. shire, Mr. RAHALL, Mr. DENT, and Mr. LAR- HINCHEY, Mr. HINOJOSA, Mr. HOLDEN, Mr. H.R. 4547: Mr. ROGERS of Alabama, Ms. SEN of Washington. HOLT, Mr. HONDA, Mr. ISRAEL, Mr. JACKSON FOXX, Mr. ENGLISH of Pennsylvania, Mr. H. Res. 475: Mr. STARK, Mr. CROWLEY, Mr. of Illinois, Ms. JACKSON-LEE of Texas, Mr. GOODE, Mr. WILSON of South Carolina, Mrs. MCNULTY, Mr. GRIJALVA, Mr. KUCINICH, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of MUSGRAVE, and Mr. DAVIS of Kentucky. BLUMENAUER, and Mr. EVANS. H.R. 4551: Mr. WILSON of South Carolina, Texas, Mrs. JONES of Ohio, Mr. KANJORSKI, H. Res. 490: Mr. FATTAH, Mr. SNYDER, Mr. Mr. WESTMORELAND, Mrs. MYRICK, Mr. PITTS, Ms. KAPTUR, Mr. KILDEE, Ms. KILPATRICK of FILNER, Mr. OWENS, Mr. MCNULTY, Ms. WOOL- Mr. WAMP, Mr. SULLIVAN, Mr. WELDON of Michigan, Mr. KUCINICH, Mr. LANTOS, Mr. SEY, Mr. CLAY, and Ms. ROS-LEHTINEN. Florida, Mr. FEENEY, Mr. FRANKS of Arizona, LARSEN of Washington, Mr. LARSON of Con- H. Res. 498: Mr. SHIMKUS, Mr. PALLONE, Mr. Mr. BROWN of South Carolina, and Mr. PRICE necticut, Ms. LEE, Mr. LEVIN, Mr. LIPINSKI, GERLACH, Mr. ISSA, Mr. SIMMONS, and Mr. of Georgia. Ms. ZOE LOFGREN of California, Mr. LYNCH, BISHOP of New York. H.R. 4585: Mr. JINDAL. Mrs. MALONEY, Mr. MARSHALL, Mr. MATHE- H. Res. 521: Mr. BRADLEY of New Hamp- H.R. 4596: Mr. FORD, Ms. MATSUI, and Mr. SON, Ms. MATSUI, Mrs. MCCARTHY, Ms. shire, Mr. WEINER, Mr. BROWN of South Caro- LIPINSKI. MCCOLLUM of Minnesota, Mr. MCINTYRE, Ms. lina, Mr. FATTAH, and Ms. LORETTA SANCHEZ H.R. 4603: Ms. WOOLSEY and Mrs. MCCAR- MCKINNEY, Mr. MCNULTY, Mr. MEEHAN, Mr. of California. THY. MEEK of Florida, Mr. MEEKS of New York, H. Res. 556: Mr. RYAN of Ohio, Mrs. CAPITO, H.R. 4604: Mr. SHAYS, Mr. EVANS, Mr. Mr. MELANCON, Mr. MICHAUD, Ms. Mr. WOLF, Ms. CARSON, Mr. SCHWARZ of SCOTT of Georgia, and Mr. MICHAUD. MILLENDER-MCDONALD, Mr. MILLER of North Michigan, Mr. KENNEDY of Minnesota, and H.R. 4606: Mr. CLEAVER, Ms. JACKSON-LEE Carolina, Mr. GEORGE MILLER of California, Mr. JEFFERSON. of Texas, Ms. EDDIE BERNICE JOHNSON of Mr. MOORE of Kansas, Ms. MOORE of Wis- H. Res. 561: Mr. GONZALEZ. Texas, Mrs. MCCARTHY, Mr. MARSHALL, Mr. consin, Mr. NADLER, Mrs. NAPOLITANO, Mr. H. Res. 566: Mr. LEWIS of Kentucky and Ms. RANGEL, and Mr. BERMAN. NEAL of Massachusetts, Ms. NORTON, Mr. LORETTA SANCHEZ of California. H.R. 4609: Mr. STRICKLAND, Mrs. JONES of OBERSTAR, Mr. ORTIZ, Mr. OWENS, Mr. PAL- H. Res. 576: Mr. ROTHMAN. Ohio, and Mr. EVANS. LONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, H.R. 4619: Mr. WALSH, Mr. SIMMONS, and H. Res. 600: Mr. FERGUSON, Mr. NADLER, Mr. PRICE of North Carolina, Mr. RAHALL, Mr. DELAHUNT. Mr. ENGEL, Mr. CONYERS, Mr. TOWNS, Ms. Mr. REYES, Mr. ROSS, Ms. ROYBAL-ALLARD, H.R. 4623: Mr. INSLEE. SCHAKOWSKY, and Mr. MICHAUD. Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN of H.R. 4625: Mr. BACHUS, Mr. CARTER, Mr. H. Res. 628: Mr. THOMPSON of California. Ohio, Mr. SABO, Mr. SALAZAR, Ms. LINDA T. FORBES, Mr. PLATTS, and Mr. RENZI. H. Res. 629: Mr. BOOZMAN and Mr. WELLER. SA´ NCHEZ of California, Ms. LORETTA SANCHEZ H.R. 4655: Mr. ENGLISH of Pennsylvania and H. Res. 635: Mr. OBERSTAR and Ms. LEE. of California, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. BASS. H. Res. 636: Ms. LEE. Mr. SCOTT of Georgia, Mr. SCOTT of Virginia, H.R. 4662: Mr. WOLF, Ms. SCHWARTZ of H. Res. 637: Ms. LEE. Mr. SERRANO, Mr. SHERMAN, Mr. SMITH of Pennsylvania, Mr. CLAY, and Mr. CARDIN. H. Res. 641: Mr. PALLONE, Ms. MOORE of Washington, Mr. SNYDER, Ms. SOLIS, Mr. H.R. 4665: Mr. MCNULTY, Mr. BERMAN, Mr. Wisconsin, Mr. HOLT, Mrs. CHRISTENSEN, Mr. SPRATT, Mr. STARK, Mr. STRICKLAND, Mr. LEWIS of Georgia, and Ms. HERSETH. STARK, Ms. SCHAKOWSKY, Ms. KILPATRICK of STUPAK, Mr. TANNER, Mrs. TAUSCHER, Mr. H.R. 4672: Mr. BOOZMAN. Michigan, Ms. WATSON, Mr. CLEAVER, Mrs. THOMPSON of Mississippi, Mr. TOWNS, Mr. H.R. 4675: Mr. MCGOVERN and Mr. MCNUL- TAUSCHER and Ms. LINDA T. SA´ NCHEZ of Cali- UDALL of Colorado, Mr. UDALL of New Mex- TY. fornia. ico, Mr. VAN HOLLEN, Ms. VELA´ ZQUEZ, Mr. H.J. Res. 37: Mr. SNYDER. H. Res. 644: Mr. HOLT. VISCLOSKY, Ms. WASSERMAN SCHULTZ, Ms. H.J. Res. 67: Mr. DENT. H. Res. 645: Mr. HOLT. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WEI- H.J. Res. 71: Mr. GRAVES and Mr. SHIMKUS. H. Res. 655: Mr. BURGESS, Mr. TURNER, Mr. NER, Mr. WEXLER, Ms. WOOLSEY, Mr. WU, Mr. H. Con. Res. 50: Mr. CALVERT. PORTER, Ms. PELOSI, Mr. LEWIS of Georgia, WYNN and Mr. REGULA. H. Con. Res. 90: Mr. MEEHAN and Mr. VIS- Mr. CONYERS, Mr. HOYER, Mr. CLYBURN, Mr. H. Res. 657: Mr. SMITH of New Jersey, Mr. CLOSKY. WATT, Mr. ACKERMAN, Mr. ALLEN, Mr. BACA, BOUSTANY, Mr. CLAY, Mr. RADANOVICH, Mr. H. Con. Res. 138: Mr. HINCHEY and Mr. Ms. BALDWIN, Mr. BARROW, Ms. BEAN, Mr. MANZULLO, Ms. MCCOLLUM of Minnesota, Mr. BUTTERFIELD. BECERRA, Ms. BERKLEY, Mr. BERMAN, Mr. KING of New York and Mr. NEUGEBAUER. H. Con. Res. 158: Mr. PRICE of North Caro- BERRY, Mr. BISHOP of Georgia, Mr. BLU- lina. MENAUER, Ms. BORDALLO, Mr. BOYD, Mr. H. Res. 659: Mr. BISHOP of Georgia.

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TRIBUTE TO REVEREND DON Christopher was selected on the basis of HONORING DR. CHARLES GILBERT DAVIDSON academic achievement, as well as demonstrated leadership potential in his field. HON. JOHN SHIMKUS HON. RON LEWIS I extend my sincere congratulations to Mr. OF ILLINOIS OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES Christopher Sapp on receiving this award and IN THE HOUSE OF REPRESENTATIVES commend his dedication and desire to help his Wednesday, February 1, 2006 Wednesday, February 1, 2006 school, community and country. Mr. SHIMKUS. Mr. Speaker, I rise today to Mr. LEWIS of Kentucky. Mr. Speaker, it is honor Dr. Charles Gilbert upon his retirement my great honor to introduce Reverend Don f from Western Illinois University. Dr. Gilbert re- Davidson, Senior Pastor of the First Baptist tired January 26 after most recently serving as Church in Alexandria, Virginia, joining us to IN HONOR AND REMEMBRANCE OF Director of Institutional Research and Plan- deliver this morning’s prayer. Reverend David- U.S. ARMY MASTER SERGEANT ning. son is a remarkable man and Christian wit- JOSEPH J. ANDRES, JR. Since receiving his Ph.D. in Education from ness whose vocation has touched the hearts Southern Illinois University in 1972, Dr. Gilbert and moved the spirits of countless men and has served as a faculty member at Western Il- women throughout his three decades of pas- HON. DENNIS J. KUCINICH linois University. He has served as an asso- toral service. ciate professor, but outside the classroom, his OF OHIO Born in Suffolk, Virginia, Reverend Davidson work has focused on research and planning. earned degrees from Virginia Commonwealth IN THE HOUSE OF REPRESENTATIVES Aside from the title which he recently re- University and Southeast Baptist Theological tired, he has held the titles of Associate Direc- Seminary at Wake Forest, North Carolina. His Wednesday, February 1, 2006 tor and Assistant Director for Institutional Re- Christian mission has brought him and his search and Planning and Project Director, Mr. KUCINICH. Mr. Speaker, I rise today in equally gifted wife Audrey to pastorates in Board of Governors Common Software honor and remembrance of United States Farmville, Virginia; Henderson, North Carolina; Project. Orlando, Florida; and Danville, Virginia before Army Master Sergeant Joseph J. Andres, Jr., Dr. Gilbert has also served as Chairman of being called to the First Baptist Church of Al- who bravely and selflessly heeded the call of the Western Illinois University Council on exandria this past September. duty and made the ultimate sacrifice on behalf Planning. He has been a member of the The First Baptist Church has been a place of our country. Board of Directors of the Illinois Association of worship for numerous Members of Con- Family, friends and concern for others lined for Institutional Research and the Mid-Illinois gress and their staff throughout its 200-year the journey of Sergeant Andres’ life. He Computer Consortium. I appreciate Dr. Gilbert’s dedication to high- history. In fact, Reverend Davidson first came gained personal strength and faith from his to my attention through Darla Tomes, a former er education throughout his career. I join the family and friends, especially his mother and member of my staff, who works for the Depart- faculty at Western Illinois University in thank- father, Sandra and Joseph J., Sr.; his sisters, ment of Defense. ing Dr. Gilbert for his service and congratulate Thank you, Reverend Davidson, for being Deborah, Pamela, Christine, Maureen and him on a job well done. here today to invoke God’s divine guidance as Sharon; his brothers-in-law, David, Edward f we start this Second Session of the 109th and William; his grandparents, Walter and HONORING THE LIFE AND SERVICE Congress. I ask my colleagues to join me in Winifred Haders; and, his nieces and neph- OF STEVE WALTER welcoming you to the House of Representa- ews, Claire, Brielle, Collin, Ryan, Evan and tives. Brandon. f HON. MIKE McINTYRE Sergeant Andres’ limitless joy for living, dy- OF NORTH CAROLINA CONGRATULATING MR. namic spirit and expansive heart reflected con- IN THE HOUSE OF REPRESENTATIVES CHRISTOPHER D. SAPP sistently throughout his life, from childhood on. Wednesday, February 1, 2006 He was a 1989 graduate of Padua Franciscan High School and studied engineering at the Mr. MCINTYRE. Mr. Speaker, I rise today to HON. MICHAEL C. BURGESS pay special tribute to an outstanding individual OF TEXAS University of Cincinnati before enlisting in the in Southeastern North Carolina, Mr. Steve IN THE HOUSE OF REPRESENTATIVES Army. Sergeant Andres’ seemingly endless re- Walter. Mr. Walter passed away on December Wednesday, February 1, 2006 serve of energy, joy for living and strong foun- 21, 2005, just before Christmas, during one of Mr. BURGESS. Mr. Speaker, I rise today to dation of personal faith, equaled his steadfast his daily jogs and bicycle rides. However, his congratulate Mr. Christopher D. Sapp of sense of duty to others and to our country. spirit and contributions will live on in the McKinney, Texas, for receiving the prestigious Mr. Speaker and colleagues, please join me hearts and minds of many for generations to Fulbright award to study abroad in Austria dur- in honor and remembrance of Master Ser- come. ing the 2005–2006 academic year. Mr. Sapp geant Joseph J. Andres, Jr. I extend my deep- Born in Brooklyn, New York, Steve went on was honored with this award for his studies in est condolences to his family members and to serve his country with distinction, dedication Germanic languages and literature at Indiana many friends, especially his parents and sis- and determination, As a graduate of Pennsyl- vania Military College, Steve served in the University. ters. The ultimate sacrifice, significant service The Fulbright Program is sponsored by the military for 28 years, including two tours in Department of State, Bureau of Educational and true heart that illuminated the life of Ser- Vietnam. He received several honors and and Cultural Affairs. The program was estab- geant Andres will shine forever in the hearts awards during his time of service, including lished in 1946 with the purpose of building and memories of all those who knew him best the Defense Superior Service Medal, Sec- mutual understanding between the people of and loved him most—his family and close retary of Defense and Army Staff Identification the United States and the rest of the world by friends. Sergeant Andres’ legacy of service Badges, Bronze Star with cluster, Meritorious allowing recipients to study, lecture or conduct and courage will be honored and remembered Service Medal with clusters, Joint Service and research in an international exchange pro- by the Cleveland community and by our entire Army Commendation Medals, and the Viet- gram. Nation, today, and for all time. namese Cross of Gallantry. Steve finished his

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

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00219 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 677 years of service as a strategic planner with the CONCERN ABOUT BECOMING Pappas. Mott Community College in my home- Secretary of Defense at the Pentagon and re- ADDICTED TO OIL town of Flint, Michigan, will host a luncheon tired as a colonel in 1988. on February 13th in his honor. In appreciation After Steve retired from military service, he HON. JO ANN EMERSON of his contributions to the school, Mott Com- enjoyed a successful real estate career in OF MISSOURI munity College will name a building in tribute to him. Maryland and moved to Topsail Island, North IN THE HOUSE OF REPRESENTATIVES Charles Pappas has had an enviable career Carolina in 1993, where he and his beloved Wednesday, February 1, 2006 as an educator. After working in the public wife of more than 42 years, Patti, have lived school arena, he took a position with the Cuy- ever since. Steve has been an active member Mrs. EMERSON. Mr. Speaker, I rise today ahoga Community College in 1965 as Dean of of the Topsail Island community. Since moving to echo the concern of the President, who re- Business Administration. He went on to be- there, he has been a member of various orga- cently told this body and the American people come the founding president of the Metropoli- nizations, including the Sea Turtle Hospital, that he is afraid our Nation is becoming ‘‘ad- tan Campus, and then in 1970, he accepted the Missiles and More Museum, Topsail Island dicted to oil.’’ Not only is America dependent the post of president of Genesee Community Kiwanis, Topsail Island Realtors, Topsail on foreign sources of this increasingly politi- College. It was later renamed to Charles Beach Shore Protection Committee, and the cized resource, but supplies of that resource are dwindling and increasingly expensive. In Stewart Mott Community College. Thus began North Carolina Beach, Inlet, and Waterway a fruitful association with the Flint area. Dr. Association. Steve and Patti also are the order to assure the national security and economic prosperity of our Nation, we must find Pappas served as president until 1981 and proud parents of three wonderful children— was elected to the Board of Trustees and Kimberly, Lisa, and Stephen. alternative sources of energy. America’s farmers have found it already—in served in that capacity for 6 years after he left Samuel Logan Brengle, the legendary lead- the rows and rows of corn and soybeans I the presidency. er in the Salvation Army, once said some very drive past each time I go home to Missouri. Under his leadership the school partnered important words that reflect the character and Alternative sources of energy must be part with the Michigan School for the Deaf and life of Steve. He said, ‘‘the final estimate of a of the solution to our dependence on foreign started offering classes to the hearing im- man will show that history cares not one iota oil. We cannot ask Americans to drive to the paired. He initiated the Weekend College con- about the title he has carried or the rank he grocery store or doctor’s office less, we cannot cept at Mott Community College allowing has borne, but only about the quality of his ask our manufacturers to ship fewer goods, adults greater opportunities to attend classes deeds and the character of his heart.’’ Indeed, we will not all pick up and move from rural and he initiated a program to allow senior citi- Steve Walter has reflected these words America to the city so we can ride the sub- zens to attend classes for free. This imple- through his sacrifice and commitment. way. The Americans who suffer most from mentation of the lifelong learning concept put Mr. Speaker, dedicated service to others high fuel prices live in places like Southern Mott Community College on the cutting edge combined with dynamic leadership has been Missouri, where goods are shipped in from far of innovate education for adult students. In recognition of Dr. Pappas’s vision the the embodiment of Steve’s life. May we all use away and our agriculture and manufacturing UAW has bestowed the Walter P. Reuther his wisdom, selflessness, and integrity as a products are shipped out even greater dis- Distinguished Service Award on him. For de- beacon of direction and a source of true en- tances to far-off markets. We drive farther in veloping a labor studies program at Mott Com- lightenment for many years to come. Indeed, a day than most urban Americans drive in a munity College he was named to the Labor may God bless to all of our memories the hon- week. We use tractors, semi-trailers, and Hall of Fame at Wayne State University. Ohio ored life and legacy of Steve Walter. heavy-duty trucks on our farms and at our fac- State University conferred the Vocational- tories. Energy is the lifeblood of our rural Technical Education Distinguished Service f economy, and high energy costs are a crush- Award on Dr. Pappas and the Flint Area ing burden on families, farms and businesses. Chamber of Commerce previously named him CONGRATULATING MR. MICHAEL Rural America, in particular, depends on our the Charles Stewart Mott Citizen of the Year. P. HATLEY freedom to travel. And in that same rural He has served as the president of the Council America, there is fuel growing in the fields. of North Central Community and Junior Col- Those same farmers are growing crops that leges, president of the Michigan Community HON. MICHAEL C. BURGESS could power all their vehicles. When I am out College Association, and president of the on the highway in Southern Missouri, I see lit- OF TEXAS Michigan Vocational Business Education As- erally fields of fuel—corn and soybeans that IN THE HOUSE OF REPRESENTATIVES sociation. can be converted into Ethanol and bio-diesel. Mr. Speaker, I ask the House of Represent- In Southern Missouri, we are starting to build Wednesday, February 1, 2006 atives to join me in congratulating Dr. Charles Ethanol and bio-diesel refineries. The first few Pappas as he is honored by the Flint area Mr. BURGESS. Mr. Speaker, I rise today to E85 stations are opening for business, selling community. congratulate Mr. Michael P. Hatley of Aubrey, fuel for cars designed to run on 85 percent Texas, for receiving the prestigious Fulbright Ethanol and only 15 percent petroleum. Amer- f award to study abroad in Germany during the ica is leading the way in these technologies, RECOGNIZING THE LIFE AND PUB- 2005–2006 academic year. Mr. Hatley was just as we lead the way on our farms pro- LIC SERVICE OF MRS. MAE CRUZ honored with this award for his studies in com- ducing the world’s safest, most secure food TENORIO parative politics at St. Louis University. supply. It is in the very best interests of our The Fulbright Program is sponsored by the country to support these efforts in every pos- HON. MADELEINE Z. BORDALLO Department of State, Bureau of Educational sible way. Oil is the most politicized natural re- OF GUAM and Cultural Affairs. The program was estab- source in the world, it is limited, and its use IN THE HOUSE OF REPRESENTATIVES lished in 1946 with the purpose of building will eventually become archaic. But there are Wednesday, February 1, 2006 mutual understanding between the people of fields of renewable fuel, Mr. Speaker, every- the United States and the rest of the world by where. Ms. BORDALLO. Mr. Speaker, it is with a heavy heart and profound sadness that I rise allowing recipients to study, lecture or conduct f research in an international exchange pro- today to honor the life and public service of HONORING DR. CHARLES PAPPAS gram. Mrs. Mae Cruz Tenorio. Mae managed my District Office in Guam with humor, courtesy Michael was selected on the basis of aca- HON. DALE E. KILDEE and professionalism for 3 years, which marked demic achievement, as well as demonstrated a continuation of almost 8 years of service as leadership potential in his field. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES the Special Assistant and Special Projects Di- I extend my sincere congratulations to Mr. rector for my predecessor, Representative Michael P. Hatley on receiving this award and Wednesday, February 1, 2006 Robert Underwood. Mae possessed the quali- praise his dedication and desire to help his Mr. KILDEE. Mr. Speaker, I rise today to ties of commitment to good government, self- school, community and country. pay homage to a dear friend, Dr. Charles less service to her community, and integrity

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00220 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 678 EXTENSIONS OF REMARKS February 1, 2006 that are valued so highly by our congressional knowing her. Her efforts touched the lives of wore a red miniskirt and white boots. The community. countless members of our island’s community guys didn’t pay any attention to me, and for Mae’s commitment to her community, to the and Guam’s friends in the United States and years afterward when we went through the United States and to public service began in shops they would yell, ‘‘Hey, Annie, where’s around the world. The influence of her work your white boots?’’ We surprised everyone by 1971, at the Tulare County Credit Bureau in will remain strong for years to come. winning, and as they say, the rest is history. Visalia, California, where she worked as a But Mae was not a woman that can be de- Ann loved political combat. Once when she part-time secretary and credit reporter. Mae fined solely by her work; she was so much was deeply involved in reapportionment, she returned to Guam in June 1978, to work for more to so many. had a Democratic legislator make a last- the Office of the Governor. She remained in Mae, a caring mother to Christina, Nick and minute change to the map, putting an oppo- public service to Guam for 35 years. Andrew, a loving wife to Joseph Tenorio, a nent’s residence a few yards outside the dis- Mae’s work as a dedicated public servant trusted friend for many, a daughter of Guam, trict. The opponent insisted that a Repub- and community leader has many highlights. lican had changed the map, for no Democrat and a faithful servant to her island and her would do that. He was wrong! Another time, Three themes throughout it are prominent: the country, was called her home by her Heavenly when an opponent’s petitions were being cir- advancement and empowerment of women; Father on January 10, 2006. The call home culated at a Democratic hangout, they sud- the strengthening of the family; and the im- relieved her from her suffering. But it left a denly disappeared. On election night, a provement of our island. Her leadership on definite void in my life and in the lives of those Democratic leader proudly produced the pur- these issues spanned her work with the Gov- who knew and loved her. Mae’s full and re- loined petitions but Ann whisked him across ernment of Guam Office of the Comptroller, warding life and our memories of her gentle the room to the bar before I saw them. the Commission on Self-Determination, Office Ann loved the people of the District. She demeanor will serve as inspiration for us all for had Pennelec relocate a light pole because of the Governor of Guam, the Office of Con- years to come. Mae was a kind soul. She will an elderly lady couldn’t sleep with the light gressman Robert Underwood, and in my of- be dearly missed. shining in her window. fice. f The story behind creating the Loysburg Her reputation for thoroughness and high bypass exemplified her dedication. Still in quality staff work, earned as a result of her TRIBUTE TO ANN EPPARD the minority, I worked for months to get tenure on the Commission on Self-Determina- District projects in a transportation bill, tion beginning in 1984, is of particular note. HON. BILL SHUSTER through the House, the Senate Conference. She provided the staff support for the Com- On the last day of the Conference she whis- OF PENNSYLVANIA pered that we should put in a project to build mission’s initial public hearings under then IN THE HOUSE OF REPRESENTATIVES a Loysburg bypass. I said it was impossible, Governor Ricky Bordallo. Governor Joseph Wednesday, February 1, 2006 the Conference was ending. Ada’s decision to retain Mae’s services when ‘‘But the people need that dangerous hair- he became the Commission’s Chairman is a Mr. SHUSTER. Mr. Speaker, on Christmas pin curve eliminated,’’ she pleaded. ‘‘Get testament to her dedicated service and unique Eve, Ann Eppard, long-time chief of staff to away,’’ I ordered. abilities. Mae served as the Commission’s Congressman Bud Shuster, passed away from ‘‘What if I can get Chairman Howard and complications from Barrett’s disease. The fol- Senator Moynihan to agree?’’ senior Professional Staff Member until 1992. ‘‘Don’t you breathe my name to them,’’ I Equally notable was her work with the Office lowing tribute to her by Bud Shuster, M.C., hissed. of the Governor promoting awareness of ret., appeared in several papers throughout ‘‘I won’t.’’ She went over and whispered to women and family issues on Guam from 1992 Pennsylvania: Howard and Moynihan. A few minutes later, to 1995. Mae continued her work to promote A TRIBUTE TO ANN EPPARD Howard said, ‘‘If Senator Moynihan agrees, women and family issues as a leader of im- (By Congressman Bud Shuster, Ret.) I’d like to add a project to replace a dangerous curve in Loysburg, Pennsylvania, portant community organizations on Guam. Once upon a shining time there was a team She was a founding member of the Guam Sin- with a bypass.’’ Moynihan replied, ‘‘Abso- that had a 35-year winning streak. I was the lutely! I agree!’’ gle Parents Network, established in 1977. Ad- coach and Ann Eppard was the captain of the When I’m on the bypass I think, this is ditionally, Mae became the first female presi- team. Over the years we had all-star team- really the Ann Eppard bypass. dent of the Pacific Jaycees in 1987, ably rep- mates who became lifelong friends. Ann may be the only person to ever hang- resenting the Jaycees and Guam throughout It all began when I instructed a manager up on the President of the United States. the Pacific region and the world promoting at Datel Corp. to find me an executive assist- One day she answered my private line and a ant. After I nixed several who didn’t quite voice said, ‘‘This is Ronald Reagan. Could I community service and volunteerism. fit, he said he located an outstanding gal at Mae’s commitment to improving Guam and please speak to Bud?’’ Computer Sciences Corporation who al- ‘‘Quit fooling around, Ralph,’’ she slammed promoting the issues important to our island though only 26, was managing 28 people. down the phone. It rang again and the White and its people continued when she joined the ‘‘She’s smart, personable, energetic, knows House operator said, ‘‘President Reagan was Office of Congressman Robert Underwood in computers and she’s good-looking. I said I trying to call the Congressman but got dis- 1995. As a respected and active member of preferred a man, and the last thing we need- connected. Could you please put him on?’’ that office she helped attract funding for The ed was a good-looking babe to distract the When I was going through several oper- War in the Pacific National Historical Park salesmen. Just interview her, he pleaded. Re- ations at Bethesda Naval Hospital to repair luctantly, I agreed, and she was impressive. Asan Bay Overlook Memorial Wall Project, my broken neck, she practically took over When I asked her to take a test she asked if the ward, making sure I got my pain medi- while compiling the list of names for the me- I had taken it. When I said ‘‘no’’ she smiled, cine on time. When she discovered a lost sail- morial at the park, educating on and off-island ‘‘Then I’ll take it after you do.’’ or hobbling through the hall pushing his I–V, Chamorro groups about the project, and help- ‘‘You’ve got spunk. You’ll do,’’ I laughed. searching for the X-ray lab, she chewed out ing to plan the official dedication of the wall. ‘‘But I’d like to talk to your boss at Com- the attendants and got him help. ‘‘Harris- Mae’s other contributions included providing puter Sciences.’’ After he confirmed her ca- burg: Online’’ recently wrote, ‘‘She was the timely and responsive constituent services and pabilities I asked if she had any weaknesses. epitome of the self-made, tough-as-nails kid providing staff support to Congressman ‘‘Oh yes,’’ he said, ‘‘ Overload her with work from Pennsylvania’s hard coal region.’’ or she’ll pester you.’’ So I did. For nearly 35 Underwood’s War Restitution, Philippine Visa Ann loved coming to our farm, pestering years! me to let her work. One spring when we were Waiver, and Economic Task Forces. Mae also When I announced for Congress, Ann vol- going to move the cattle into the barnyard, organized Guam’s Centennial Exhibit in Wash- unteered along with some Sigma Chi broth- she showed up in her designer jeans and red ington, DC, a pictorial review of Guam’s his- ers. She moved into an old converted smoke- cowgirl boots. I explained to everyone that tory aimed to educate visitors to our Nation’s house at the farm with my daughter, Peggy, we had to walk slowly behind the cattle, Capital about our island and the issues that and our team campaigned 24/7 for several arms outstretched, pushing them toward the are important to us. months. My wife, Patty, and I went door-to- barn. If one cow broke away, they all would Mae will be remembered not only for the ex- door with Ann, my daughter, Gia, and others and we would have to start over. Finally we advancing us. Ann’s sister, Karen, and her cellent work she did on behalf of her beloved got them in. Losing her balance in the mother did nightly polling to measure our mucky barnyard, she cried, ‘‘I fell in the island and the United States of America, but progress. Ann helped design a superb com- mud!’’ My farm manager replied, ‘‘Miss for her grace, humanity, and humility. Her puter system to mail thousands of personal- Annie, that ain’t mud.’’ good humor, mentorship, and friendship were ized letters on the weekend before the elec- Few knew of Ann’s many charities. Father appreciated by all who had the pleasure of tion. Campaigning at the railroad shops, she Paulko in Hollidaysburg called her when a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00221 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 679 deserving family needed financial help. She formed anonymously, on behalf of the less for- IN HONOR OF BISHOP ANTHONY M. quietly responded. tunate in Sonoma County. From delivering in PILLA When troubles came, as they sometimes do old sweat pants food packages and holiday in her life, her grace under pressure epitomized class, as she ultimately prevailed. gifts for children to low-income families to HON. DENNIS J. KUCINICH When she retired, the accolades poured in. serving as a Board Member, benefactor, and OF OHIO The entire Pennsylvania delegation pub- leader with local nonprofit groups, her helping IN THE HOUSE OF REPRESENTATIVES lished a letter praising her as ‘‘a straight hand and personal involvement were the hall- Wednesday, February 1, 2006 shooter whose word was trusted and advice mark of her style. Mr. KUCINICH. Mr. Speaker, I rise today in was much sought after . . . you also served Marijke’s compassion led to her participation honor and recognition of my good friend as a pathfinder for the now increasing num- in the Sonoma Task Force for the Homeless, ber of women assuming leadership positions Bishop Anthony M. Pilla, as we celebrate his the National Women’s History Project, Catholic on Capitol Hill. Your dedication . . . helped twenty-fifth year as a spiritual teacher, leading Charities, The Children’s Village of Sonoma this delegation achieve legislative prodi- nearly 800,000 Roman Catholic individuals County, and other causes for which her winery gies.’’ A lecturer at the Library of Congress within the Cleveland Catholic Diocese. stated: ‘‘Ann Eppard was the most effective served as the site for benefits and fundraisers. Bishop Pilla grew up in Cleveland, the son Chief of Staff on Capitol Hill.’’ She also cared deeply about global peace Forming Ann Eppard Associates, she estab- of Italian immigrants. His parents instilled with- issues, and her activism reflected these broad- in him a strong sense of family, faith and serv- lished a highly respected lobbying firm. Con- er concerns as well. gressman Jim Oberstar publicly credited her ice to others. His spiritual vocation began in efforts with helping pass the historic ‘‘Truth According to one friend, her service went 1959, when he was ordained to the priest- in Budgeting Act,’’ to unlock the Highway beyond compassion. She was hungry as a hood. Bishop Pilla served as pastor for a short Trust Fund. child in Holland during the war years and felt time before accepting a teaching position at But above all, she loved her family, espe- a deep empathy that was integrated Borromeo Seminary High School in Wickliffe, cially her two darling granddaughters, Kelly seamlessly into her life. Whenever she went where he was named President in 1972. and Shannon. They, need to know that their out to dinner, she boxed her leftovers and did Seven years later, he was named Auxiliary ‘‘Annie’’ was a larger-than-life super-lady: not go home till she found a hungry person to dedicated, smart, energetic and compas- Bishop and on January 6, 1981, he was ap- sionate. Ann was devout and there is little give them to. pointed as Diocesan Bishop of Cleveland. doubt that she is in God’s arms. She’s prob- Commitment to her family played a key role Bishop Pilla’s service and presence has ably telling St. Peter how to better organize in this seamless life. She is survived by her been a focused instrument of faith and hope the place. husband Walter, her five children, and many along the streets of Cleveland. Bishop Pilla’s To paraphrase Shakespeare, she may have grandchildren whose presence gladdened her dedication to the well being of Cleveland’s had the body of a tender woman, but she had heart and enhanced her joy in life. Their loss urban residents is evidenced within the historic the heart of a lion. And we might add, the will be deeply felt and shared by their many soaring spirit of the indomitable American churches throughout the city that remain open eagle. friends. and viable sources of hope and faith for wor- shipers of all ages. Additionally, Bishop Pilla’s f Mr. Speaker, it is hard to imagine life in Sonoma County without Marijke Byck- outreach efforts and vision of cultural and TRIBUTE TO MARIJKE BYCK- Hoensellars’ warm smile, her friendship, and interfaith unity has created unbreakable, vital HOENSELAARS her humanitarianism. I am confident that her partnerships among members and leaders of spirit will live on in those of us she has in- all faiths—partnerships that promote under- HON. LYNN C. WOOLSEY spired during her 40 years in the community. standing and respect for differing views and OF CALIFORNIA bonds that celebrate our diversity. Mr. Speaker and Colleagues, please join me IN THE HOUSE OF REPRESENTATIVES f in honor and recognition of my dear friend, Wednesday, February 1, 2006 CONGRATULATING JERRY Bishop Anthony M. Pilla, whose spiritual lead- Ms. WOOLSEY. Mr. Speaker, I rise today MOHELNITZKY ership, guidance and devotion to the people of with great sadness to honor my friend, Marijke Cleveland reflects throughout the Cleveland Byck-Hoenselaars, who died in a tragic acci- HON. MICHAEL C. BURGESS Catholic Dioceses. It has been such a pleas- dent on January 5, 2006. Marijke’s death ure to work with Bishop Pilla over the years OF TEXAS leaves a void in the Sonoma County commu- and I am grateful for our years of friendship. nity that will be a reminder of her compassion, IN THE HOUSE OF REPRESENTATIVES Bishop Pilla has been a great strength of hope grace, and generosity for years to come. Wednesday, February 1, 2006 and courage for me through the years. His Born in Holland in 1933, Marijke met her guidance, passion, leadership and unwavering husband Walter Byck in the cafeteria of the Mr. BURGESS. Mr. Speaker, I rise today to commitment has illuminated hope and faith for New York hospital where both worked, she as congratulate Mr. Jerry Mohelnitzky on receiv- countless families and individuals of every a nurse and he as a radiologist. Long-time ing the Longhorn Boy Scouts of America Dis- faith, throughout our Cleveland community, lovers of the arts, the two decided to marry in tinguished Citizen Award for this year. and far beyond. 1961 while visiting the Kroller-Muller Museum Mr. Mohlnitzky has been involved in the f Denton community for over 3 decades. He in the Netherlands. HONORING DORSEY, ILLINOIS The couple moved to Santa Rosa in 1965 participates on the boards of the Chamber of and purchased the Paradise Ranch in 1978. Commerce, Greater Denton Arts Council, Eco- After raising grapes for many years, they nomic Development Partnership Board and HON. JOHN SHIMKUS OF ILLINOIS opened Paradise Ridge Winery in 1994. Their the Dallas Ecological Foundation. He also IN THE HOUSE OF REPRESENTATIVES five children were raised mostly on the 156- serves as the Board Chairman for the eco- acre property and several worked in important nomic Development Board. Wednesday, February 1, 2006 positions at the winery where Marijke was The Longhorn Council of the Boy Scouts of Mr. SHIMKUS. Mr. Speaker, I rise today to chief executive. America serves more than 40,000 youths with honor Dorsey, Illinois upon her sesquicenten- Taking advantage of the beautiful site in the scouting programs in Central and North nial. Settled in 1856, the citizens of Dorsey will hills on the edge of Santa Rosa, Marijke and Texas. More than 15,000 adults volunteer to celebrate the sesquicentennial on July 22 and her family created a unique facility as well as help with the programs. This prestigious award 23, 2006. producing outstanding wines. The grounds is given to members of the community whose An active railroad ran through Dorsey for feature a sculpture garden which exhibits the leadership focuses on volunteerism. over 100 years starting in 1854, two years be- work of local artists, and the large central I extend my sincere congratulations to Mr. fore the community was officially settled by the building with its stunning views has been Jerry Mohelnitzky for receiving the Longhorn Dorsey Family. Also, in 1854, Emmaus Lu- home to many unique events over the years. Boy Scouts of America Distinguished Citizen theran Church was founded. After being set- But Marijke’s legacy will be especially Award. His contributions and service to the tled in 1856, the first post office in Dorsey marked by her tireless efforts, frequently per- Denton community should inspire us all. opened in 1857.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00222 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 680 EXTENSIONS OF REMARKS February 1, 2006 I congratulate the citizens of Dorsey on 150 Sauk Reservoir swept through the Johnson mittee for the University of North Texas. years of history in the community. I thank you Shut Ins State Park. Park Ranger Jerry Toops, Today, he continues his life of service through for the contributions to our great Nation. May his wife and their three children, ages 5, 3, his position on the board of Denton Christian God bless Dorsey and may He continue to and seven months, were awakened to a School and is leading the capital campaign for bless America. harrowing scene as the freezing cold flood- Cumberland Presbyterian Children’s Home. f waters crashed through their home and car- The Longhorn Council of the Boy Scouts of ried them all away. America serves more than 40,000 youths with A TRIBUTE TO LANCE CORPORAL Their rescuers were immediately set into JERIAD PAUL JACOBS scouting programs in Central and North motion. Mr. Josh McCarty, Mr. Gary Maize, Texas. More than 15,000 adults volunteer to Mr. Tyler Wright, Mr. Robbie Jordan, Mr. Ryan help with the programs. This prestigious award HON. MIKE McINTYRE Wadlow and Fire Chief Ben Meredith of the is given to members of the community whose OF NORTH CAROLINA Lesterville Fire Department, Reynolds County leadership focuses on volunteerism. Sheriff’s Deputy Brian Fox knew the Toops IN THE HOUSE OF REPRESENTATIVES I extend my sincere congratulations to Mr. family had been in the path of the flood and Wednesday, February 1, 2006 Bob Sherman for receiving the Longhorn Boy raced to the scene. Also on the scene was a Scouts of America Distinguished Citizen Mr. MCINTYRE. Mr. Speaker, I rise today to good Samaritan—Mr. Greg Coleman—a truck Award. His contributions and service to the pay tribute to Lance Corporal Jeriad Paul Ja- driver who had been stranded on the roof of Denton community should inspire us all. cobs of Clayton, North Carolina, for serving his semi truck and heard Jerry Toops calling his country valiantly with the United States for help from a tree. He called the local emer- Marine Corps in Operation Iraqi Freedom. On gency dispatcher and, as soon as the icy f January 7, 2006, Lance Corporal Jacobs sac- water receded, met the fire department and IN HONOR OF THE VIETNAMESE rificed his life when he encountered enemy fire set out to find the family. Mr. Butch Walker, a NEW YEAR: TET, 2006—YEAR OF in Fallujah, Iraq. He was courageously serving neighbor, used his truck to clear a path THE DOG his Nation, and our heartfelt thanks and our through the flood debris for the emergency re- prayers go out to his family and friends in this sponders. They found the five members of the time of grief. Toops family alive, but in urgent need of med- HON. DENNIS J. KUCINICH Jacobs, a member of the Lumbee Tribe in ical care. OF OHIO the Seventh Congressional District, had a On the ensuing ambulance rides, the lives great love for family, country, and heritage. He of the three children hung in the balance. IN THE HOUSE OF REPRESENTATIVES was a fine young man who truly loved service Their parents, the county, the State and the Wednesday, February 1, 2006 and duty. As a young man growing up in rural Nation all prayed that they would survive. Robeson County, Jeriad enjoyed sports, They did. But a moment later, a minute’s Mr. KUCINICH. Mr. Speaker, I rise today in music, and poetry. After moving to Clayton, delay, or a notch less of urgency and the out- recognition of the Vietnamese New Year: Tet, North Carolina, and graduating from Clayton come could have been grim for the Toops 2006—Year of the Dog. To celebrate this joy- High School, he fulfilled a lifelong dream and family, laying in their nightclothes on the cold, ous event, the Vietnamese Community in enlisted in the United States Marine Corps. wet ground. Greater Cleveland, Inc., will gather at Bo As a Marine, Lance Corporal Jacobs dedi- If not for these nine men with their training Loong Chinese Restaurant to rejoice with fam- cated his career to defending the values this and determination, acting fast, in the dark, fro- ily and friends and enjoy Vietnamese culture Nation holds dear. By risking his life to ensure zen moments after the flood, one, some, or all and performances. the safety of others, Jeriad made the ultimate of these five lives would have been lost. It is The Tet celebration will include recognition sacrifice. His valiant actions and steadfast this character, selflessness, and reliability for of volunteer leaders, Vietnamese culinary of- service remind us of the gratitude we have to neighbors in need that make Southern Mis- ferings and dancing and entertainment by Vi- him and all the other servicemen and women souri a wonderful place to live. They are he- etnamese youth of Cleveland. Tet is the time who have given their lives serving as guard- roes of whom we are proud, though they of year to pay homage to ancestors, reconnect ians of this great country. Jeriad was indeed would say they are just doing their jobs or with friends and family, and celebrate the a man of courage and integrity. doing what anyone would do in their position. hope and possibility within the rising of a new Jacobs leaves behind a wonderful family Yet they responded without hesitation, and we year. that includes his parents, Janet and Daryl owe them a great debt of gratitude. I com- This year also marks the 31st anniversary of Graybill, sisters, Brittany and Sierra, grand- mend them today in the U.S. House of Rep- the establishment of the Vietnamese Commu- parents, Carolyn Sutton, Fannie Stoltzfus, and resentatives and thank God for their great nity in Greater Cleveland, Inc.—reflecting Lloyd and Mary Graybill, aunt Kristi Clark, and deeds. nearly three decades of this agency’s superior uncle, State Representative Ron Sutton of the f North Carolina General Assembly. commitment, service and community outreach Mr. Speaker, may the memory of Lance CONGRATULATING BOB SHERMAN to Americans of Vietnamese heritage. The Vi- Corporal Jeriad Paul Jacobs live on in our ON DISTINGUISHED CITIZEN etnamese community in Cleveland reflects a hearts, and may God’s strength and peace be AWARD vibrant layer within the colorful fabric of our with his family. culturally diverse city. And the Vietnamese Community of Greater Cleveland, Inc. plays a f HON. MICHAEL C. BURGESS significant role in preserving and promoting OF TEXAS TRIBUTE TO 9 HEROES OF MIS- the ancient cultural and historical traditions IN THE HOUSE OF REPRESENTATIVES SOURI’S 8TH CONGRESSIONAL that spiral back throughout the centuries—con- DISTRICT Wednesday, February 1, 2006 necting the old world to the new, extending Mr. BURGESS. Mr. Speaker, I rise today to from Vietnam to America. HON. JO ANN EMERSON congratulate Mr. Bob Sherman of Denton, TX, Mr. Speaker and colleagues, please join me OF MISSOURI on receiving the Longhorn Boy Scouts of in honor and recognition of Le Nguyen, Presi- IN THE HOUSE OF REPRESENTATIVES America Distinguished Citizen Award for this dent of the Vietnamese Community in Greater year. Cleveland, Inc., and all members, past and Wednesday, February 1, 2006 Mr. Sherman returned to Denton with his present, for their dedication and support of Mrs. EMERSON. Mr. Speaker, today I rise wife after 30 years of a banking career in Chi- Americans of Vietnamese heritage within our to honor the heroism of nine individuals in cago. Bob Sherman was president and chief Cleveland community. As we join in celebra- Missouri’s Eighth Congressional District whose executive officer of First Colonial Bankshares. tion of the Vietnamese New Year, the Year of quick thinking and brave actions saved the He is on the board of directors for Northstar the Dog, may every American of Vietnamese lives of a family of five. Bank of Texas and serves on the President’s heritage hold memories of their past forever in In the early morning hours of December Council, College of Arts and Sciences Advi- their hearts, and find happiness and peace 14th, a billion-gallon flood from the Taum sory Board and the strategic planning com- with the dawning of each new day.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00223 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 681 HONORING A.D. AND SHIRLEY SPC Dudkiewicz was assigned to the 511th J. William Stover, born April 27, 1925 to An- MCGREGOR Military Police Company, 91st Military Police drew S. and Mary Cook Stover in Chambers- Battalion, 10th Mountain Division, Fort Drum, burg, began his life of service in the Army Air HON. DALE E. KILDEE New York. He was dedicated to the mission in Force during World War II as part of the OF MICHIGAN Iraq and he personified his unit’s motto: ‘‘strike Greatest Generation. Upon his return to civil IN THE HOUSE OF REPRESENTATIVES fear.’’ SPC Dudkiewicz is one of three life he began what would become a long and Dudkiewicz brothers to serve in Iraq, con- distinguished line of public service to Cham- Wednesday, February 1, 2006 tinuing Guam’s strong commitment to service bersburg residents. He started as a member Mr. KILDEE. Mr. Speaker, I rise today to in the United States military. SPC Dudkiewicz of the Civil Service Commission, then moved ask the House of Representatives to join me was posthumously promoted from Private First on to become a member of the Town Council in congratulating A.D. and Shirley McGregor Class to Specialist in recognition of his distin- and was elected Mayor of Chambersburg in as they are honored by the Saginaw County guished service. 1970. Ten years later William was appointed Convention and Visitors Bureau on February My thoughts and prayers are with the District Justice for the Borough of Chambers- 17th in Saginaw, Michigan. Dudkiewicz and Camacho families during this burg and Hamilton Township, a post which he A.D. and Shirley McGregor are lifelong resi- time of loss. SPC Dudkiewicz is survived by held until 1994. In retirement he took on a dents of the Saginaw area and have worked his wife Katie, who is a soldier serving in substitute role as Senior District Justice. Truly tirelessly to promote and enhance the life of Korea, and their sons, Alexander W. Parker a tremendous life dedicated to public service the community. They exemplify true volunteer and Zane Nicolas BIas Cruz. Additionally, and the people of his community. spirit. Since 1948 when they were still in SPC Dudkiewicz is survived by his parents, William Stover was also an active member school, the McGregors have worked tirelessly Kasper Dudkiewicz and Maria Margaret and former deacon of the Zion Reformed to make Saginaw a wonderful place to live. At Crisostomo Camacho and his stepmother Church of Chambersburg. Mr. Stover took that time they became volunteers for Connie Fergurgur Dudkiewicz. SPC great pride in his service and he will always Healthsource Saginaw and began a lifelong Dudkiewicz’ brothers and sisters, Kevin and be remembered for the great impact he left on commitment to service. Ty, Korey, Kollin, Kris, Kurt, Corina, Jereco, the community of Chambersburg during his During the intervening years the couple has Elijah, and Regina and Jeremy also cherish nearly half-century of service. helped numerous organizations and worked at his memory. My deepest sympathies are with f various events. For 28 years they have helped them during this difficult time. I join them in the Saginaw CROP Walk raise money to al- mourning his loss. TRIBUTE TO GENE BENEDETTI leviate world hunger. For 30 years they have SPC Dudkiewicz now joins the honored played Mr. and Mrs. Santa Claus for churches, company of other fallen heroes who have put HON. LYNN C. WOOLSEY schools, nursing facilities and non-profits. the ideals of duty, honor, and country before OF CALIFORNIA They have spent the last several years orga- themselves and made the ultimate sacrifice. It IN THE HOUSE OF REPRESENTATIVES nizing Christmas caroling for shut-ins. The is my hope that SPC Dudkiewicz’ commitment Wednesday, February 1, 2006 Castle Museum of Saginaw has benefited to creating a bright future for his children, his from their help for the past 28 years. devotion to his wife, and his dedication to his Ms. WOOLSEY. Mr. Speaker, I rise today to Fridays in the summertime can often find parents and siblings will remain strong and honor a community friend, Gene Benedetti, of them working with the Friday Night Live con- guiding influences from which his family, Petaluma, CA, who died on January 13, 2006. certs for Pride in Saginaw Incorporated. Many friends, and neighbors can draw strength for Gene’s larger than life personality, his gen- other organizations have benefited from their years to come. erosity, civic pride, and business leadership dedication. The Saginaw County Fair, Rescue The people of Guam take this time to ex- will be greatly missed. Mission/Community Village, Billy Graham tend to the Dudkiewicz and Camacho families Gene was born in a small Sonoma County Evangelistic Association, Temple Theatre, their most heartfelt wishes of hope during this farmhouse in 1919. He was the youngest child Saginaw Depot Preservation, and Saginaw difficult time. We take this time to reflect upon of Italian immigrants, whose family labored in Valley State University have all reaped the re- the sacrifices made by the men and women the ranching traditions of rural Northern Cali- wards of A.D. and Shirley’s generous giving. like SPC Dudkiewicz who shoulder the re- fornia. A gifted student and talented athlete, Their guiding prayer is ‘‘Jesus First, Others sponsibility of protecting our homeland, our Gene excelled in every subject while attending Second, Yourself Last.’’ Day after day the families and the American way of life. The Petaluma High School, Santa Rosa Junior McGregors live this prayer in an openhanded, debt of gratitude we owe to these individuals, College, and the University of San Francisco. amiable way. The McGregors are excellent although un-payable, is worthy of our most He was a legend on the football field through- role models for our youth. Mr. Speaker, I ask sincere appreciation. God bless our men and out his college career, and later helped estab- the House of Representatives to rise and join women in uniform and God bless America. lish and coach the Petaluma Leghorns, a pow- me and the Saginaw County Convention and f erhouse semipro football team that dominated Visitors Bureau in thanking this wonderful cou- the Bay Area leagues that existed in the ple for their compassion, charity and congeni- TRIBUTE TO J. WILLIAM STOVER 1940s and 50s. ality. A true patriot of ‘‘the Greatest Generation,’’ f HON. BILL SHUSTER Gene was a World War II hero who landed on OF PENNSYLVANIA Omaha Beach during the D–Day invasion and HONORING THE LIFE OF SPC IN THE HOUSE OF REPRESENTATIVES was awarded the Silver Star for his bravery. KASPER ALAN CAMACHO His love for his country was persistently ex- DUDKIEWICZ Wednesday, February 1, 2006 pressed, as he proudly led the singing of ‘‘God Mr. SHUSTER. Mr. Speaker, I rise today to Bless America’’ at any social event he at- HON. MADELEINE Z. BORDALLO recognize the life and accomplishments of J. tended. OF GUAM William Stover, of Chambersburg, PA. Mr. Sto- After returning from the war, Gene and his IN THE HOUSE OF REPRESENTATIVES ver was a committed citizen to his community wife Evelyn, who passed away in March of and his country. William spent the majority of 2004, raised their six children in a community Wednesday, February 1, 2006 his life serving the public—in the Army, as a they would later help to build. The young war Ms. BORDALLO. Mr. Speaker, I rise today member of the Town Council, as mayor of veteran was first offered a job as assistant with the solemn charge of paying tribute to Chambersburg or as District Justice. manager of the California Cooperative Cream- SPC Kasper Alan Camacho Dudkiewicz, 22, Mr. Stover is remembered as taking his re- ery in Petaluma, and then quickly rose to the U.S. Army, of Guam. SPC Dudkiewicz was sponsibilities as a public servant with the ut- ranks of manager. Later in his career, he and Killed in Action on January 15, 2006, in Mosul, most seriousness and always weighing heavily his business partners would purchase the Clo- Iraq. The United States and the U.S. Army the consequences of his actions. Well re- ver and Stornetta dairies and establish Clover- have lost a proud and able soldier, and Guam spected and admired by those he worked for Stornetta Farms in 1977. and a loving family have lost a son, brother, and with, William’s work will have a lasting im- Gene’s legacy, however, will be marked by and husband. pact. He will be sorely missed. his abiding commitment to the community he

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00224 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 682 EXTENSIONS OF REMARKS February 1, 2006 was such a part of. As a lifelong resident of medical treatments including holistic methods. has covered over the years. He may have Sonoma County, Gene devoted his time serv- He was the CEO of four clinics that infused tried to get a scoop or catch us in our own ing on numerous boards and commissions. As holistic and traditional medical care. His med- words, but he was always respectful and fair. president of Clover-Stornetta Farms, he lent ical expertise was surpassed only by his com- What more can you say about a reporter? his company’s resources to endorse countless passion for others. Dr. Orra’s kind demeanor Thank you, Ben, for your hard work in gath- organizations and sponsor many local events. and quick smile easily drew others to him, and ering the news for us Illinoisans. His legacy will also survive in the generations most significantly, he was a light of hope and f of Sonoma County children who will grow up well being for families, children and senior citi- drinking Clover brand milk and savoring Clo- zens who struggled daily against a tide of pov- A TRIBUTE TO JOSEPH BRYANT ver ice cream. And of course, who can forget erty and homelessness on Cleveland’s West RAYNOR, JR. Gene’s alter persona, cartoon character, tele- side. vision and billboard star, the beloved Clover Dr. Orra regularly provided free medical HON. MIKE McINTYRE Dairy mascot, Clo the Cow. Through Clo, services to low-income individuals and fami- OF NORTH CAROLINA Gene’s lively spirit will live on, as he will be re- lies, free of charge. He offered respect and IN THE HOUSE OF REPRESENTATIVES membered as a real ‘‘moooover and shaker.’’ dedicated attention to every patient, regard- Wednesday, February 1, 2006 Gene was a loving husband, caring father less of the person’s station in life. Dr. Orra’s and grandfather, and a patriarch of Sonoma generosity and vision extended throughout Mr. MCINTYRE. Mr. Speaker, on Sunday, County. Mr. Speaker, I want to take the time Cleveland’s Arab community. Throughout his January 29, Camp Ground United Methodist to recognize the life of a wonderful man. The volunteer tenure with AACCESS-Ohio Arab Church held a special celebration to honor the memory of Gene Benedetti will live forever in American Community Center for Economic life and service of Senator Joseph Bryant the heart of a community he helped to build. and Social Services, Dr. Orra was instru- Raynor, Jr. I rise today to join the pastor, staff, f mental in helping the organization expand its members, and friends of Camp Ground to pay services, which now include programs assist- tribute to this fine public servant for his 22 CONGRATULATING MS. JENNIFER ing immigrant and low-income families. years of work as a State representative and A. SADOFF Mr. Speaker and colleagues, please join me senator. Senator Raynor’s tremendous spirit, in honor and remembrance of Dr. Mahmoud dedication and work as an elected official and HON. MICHAEL C. BURGESS ‘‘Michael’’ Orra, whose energetic spirit, bound- member of the Fayetteville, NC, community OF TEXAS less vision and expansive heart has served to has positively impacted citizens and commu- IN THE HOUSE OF REPRESENTATIVES uplift the lives of countless families and indi- nities and will live on in the hearts and minds viduals throughout our community. I extend of generations to come. Wednesday, February 1, 2006 my deepest condolences to Dr. Orra’s wife, Born and raised in Fayetteville, Senator Mr. BURGESS. Mr. Speaker, I rise today to Amne Youssef; to his children, Muna, Leana Raynor demonstrated his strong work ethic congratulate Ms. Jennifer A. Sadoff of Dallas, and Michael; and to his brother, Dr. Abdul from a very early age. During high school, he TX, for receiving the prestigious Fulbright Orra. Dr. Orra’s legacy of faith, family and worked as a bagger at Efirds Department award to study abroad in Austria during the community will forever reflect within the hearts Store. Following graduation, Joe went to work 2005–2006 academic year. Ms. Sadoff was of his family and friends, and will continue on as a stockroom clerk at Hunter Brothers Appli- honored with this award for her studies in mu- as a source of personal hope, healing and ance Store and then as a ticket agent with the sicology at the University of North Texas. strength, where none existed before. Queen City Coach Company. In 1946, he The Fulbright program is sponsored by the f joined his uncle’s tire business where his hard Department of State, Bureau of Educational work paid off. Just 6 years after joining the and Cultural Affairs. The program was estab- TRIBUTE TO BEN KININGHAM family business, Joe was able to buy his un- lished in 1946 with the purpose of building cle’s interest and assume ownership of the mutual understanding between the people of HON. JOHN SHIMKUS company. More than 60 years later, Raynor the United States and the rest of the world by OF ILLINOIS Supply Company continues to thrive. allowing recipients to study, lecture or conduct IN THE HOUSE OF REPRESENTATIVES Senator Raynor began his memorable ca- research in an international exchange pro- reer in public service in 1965 when he suc- Wednesday, February 1, 2006 gram. cessfully ran for the North Carolina State Leg- Jennifer was selected on the basis of aca- Mr. SHIMKUS. Mr. Speaker, I rise to pay islature. During his public career, Senator demic achievement, as well as demonstrated tribute to a reporter in my home State of Illi- Raynor championed many important issues, leadership potential in her field. nois. While it may be unusual for a Member of including mental health, veterans and law en- I extend my sincere congratulations to Ms. Congress to praise a member of the media, I forcement. Senator Raynor was largely re- Jennifer Sadoff on receiving this award and do so with pride and respect. sponsible for establishing a State-run vet- commend her dedication and desire to help Ben Kiningham has covered politics and erans’ assisted living facility in Fayetteville, the her school, community and country. government longer than I have been involved. Cumberland County Mental Health Center, f He is one of the few reporters who have in- and a program to help families of police offi- deed covered my entire career, covering my cers killed in the line of duty. IN HONOR AND REMEMBRANCE OF first unsuccessful race for Congress and sub- Throughout his career, Senator Raynor held DR. MAHMOUD ‘‘MICHAEL’’ ORRA sequent successful ones. numerous membership and leadership posi- Mr. Kiningham retired January 31, 2006, tions. He served on the Commission for the HON. DENNIS J. KUCINICH from the Illinois Radio Network after a 40 year Study of Alcoholism and the Commission for OF OHIO radio news career. His first radio job was with the Study of Mental Retardation and Mental IN THE HOUSE OF REPRESENTATIVES WTAX in Springfield, Ill, in 1966. That station Health. He was the chairman of the North purchased what later became the Illinois Carolina House and Senate Committee on Wednesday, February 1, 2006 Radio Network in 1974, and he became its Mental Health, the Senate Committee on Law Mr. KUCINICH. Mr. Speaker, I rise today in State House bureau chief. Enforcement, and the Cumberland County honor and remembrance of Dr. Mahmoud ‘‘Mi- Mr. Kiningham has covered Illinois gov- Board of Elections. Additionally, he was ap- chael’’ Orra—beloved husband, father, brother ernors from Otto Kerner to Rod Blagojevich. pointed a Cumberland County special deputy and friend to many, whose innovation in medi- He has reported on the good side of Illinois sheriff under four administrations. cine and focus on healthcare for the poor will politics and the bad side. From his service as both a State represent- forever resound throughout our community. Mr. Kiningham has been recognized with ative and senator to local businessman to ac- Dr. Orra was born in Baka Valley, Lebanon. the lifetime achievement award from the Illi- tive member of Camp Ground United Meth- His dedication to his family and to our most nois News Broadcasters Association, as well odist Church to devoted husband, father and vulnerable citizens remained unwavering as numerous other awards for his work. friend, Joe Raynor has truly been a foundation throughout his life. Dr. Orra’s vision and inno- Mr. Kiningham is respected by coworkers, on which Fayetteville and Cumberland County vation led him to the practice of specialized former colleagues, and even those of us he have continued to flourish. Service to others

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00225 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 683 has been the embodiment of Senator Raynor’s marks a great loss for her family and friends, ator McCarthy continued to serve in the U.S. life—service that sets a path for others to fol- yet her good works, generous spirit and en- Senate until 1971 as he continued his dedica- low and that we should all emulate. ergy for life will never be forgotten. tion to the people of Minnesota and the Amer- As we approach President’s Day, let each of Born to Italian and German immigrants, Ms. ican public. us remember the words of a great President, Lehmann’s parents instilled within her the sig- His connection to the people he represented Thomas Jefferson, who said, ‘‘To do our fellow nificance of family, faith and community. The was genuine. Senator McCarthy’s family and man the most good, we must lead where we well being of her family and service to others the people of Minnesota can be proud of the can, follow where we cannot, and still go with framed her entire life. She taught her children legacy that he leaves behind. I am honored to him always watching for that favorable mo- by example, reflecting the vital gifts of family continue to represent many of the same peo- ment to help him another step forward!’’ unity, reaching out to those in need, hard work ple he served in Congress. We thank Senator Raynor, on behalf of the and an endless joy for learning and living. Ms. I extend my thoughts and prayers to his citizens of southeastern North Carolina, for al- Lehmann’s intellectual level was reflected in daughter Ellen, who continues her father’s leg- ways looking for that favorable moment and her numerous and varied life interests. After acy of public service as a staff person in the always helping his fellow citizens. May God’s her children were grown, she enrolled in col- U.S. House, as well as his daughter Margaret, strength, joy and peace be with him always. lege, earning a perfect 4.0 grade point aver- his son Michael, his brother Austin, his sister Marian and his six grandchildren. f age and an associate’s degree. Her compassionate heart directed her onto pathways Mr. Speaker, please join me in paying trib- CONGRATULATING BETTE SHER- where she gave freely of her time and talent. ute to the life of Senator Eugene McCarthy. MAN ON DISTINGUISHED CITIZEN Ms. Lehmann volunteered at Hillcrest Hospital, f AWARD worked with special needs children at Millridge COMMENDING PRC COMPASSION’S Elementary School, read to visually impaired EXTENSIVE CONTRIBUTIONS IN HON. MICHAEL C. BURGESS children and volunteered in the gift shop at THE WAKE OF HURRICANES OF TEXAS Cleveland Play House. KATRINA AND RITA IN THE HOUSE OF REPRESENTATIVES Mr. Speaker and colleagues, please join me in honor and remembrance of Mary Lehmann. Wednesday, February 1, 2006 HON. BOBBY JINDAL Her limitless spirit of giving and endless joy for OF LOUISIANA Mr. BURGESS. Mr. Speaker, I rise today to life has had a profound impact upon the lives IN THE HOUSE OF REPRESENTATIVES congratulate Ms. Bette Sherman of Denton, of her family, friends and the children and TX, on receiving the Longhorn Boy Scouts of adults whom she so graciously served. I ex- Wednesday, February 1, 2006 America Distinguished Citizen Award for this tend my deepest condolences to her children, Mr. JINDAL. Mr. Speaker, it is my unique year. David, Joan, John and Carol; to her daughters privilege today to have the rare opportunity to Ms. Sherman served as chairwoman and and sons-in-law, Kim, Roger, Melissa and Gil; recognize and honor a truly great organization, chief executive officer of First Colonial Invest- to her grandchildren, Michael, Jennifer, Eric, the Pastor’s Resource Council (PRC), and the ment Services, and senior vice president of Reid, Brittany, Ashley, Jonathon, Gilbert, work of the PRC Compassion. Formed several First Colonial Bankshares. After retirement, Elena, Eva, Andrea, Lily and the memory of years ago, the PRC comprises of a coalition of she moved back to Denton alongside her hus- David; to her companion, Dr. Oscar Stadtler; churches and pastors who united together in band, and they established Sherman Enter- and to her many extended family members order to provide relief to the community when- prises. and friends. The kindness, energy, joy and ever necessary. For the past several years, Bette is on the board of the Denton Benefit love that defined Mary Lehmann’s life will live the PRC has been playing an indispensable League, Salvation Army and Cumberland forever in the hearts of her family and within role in serving communities affected by the Presbyterian Children’s Home. She cochairs every soul she touched during her journey ravages of natural disasters whether it was the annual luncheon for the American Cancer here—and she will never be forgotten. through providing shelter to the homeless, Society and is a member of the Ariel Club, f food to the hungry, or offering spiritual comfort Denton Humane Society, the Arts Guild and and guidance to those who needed it among National Society of Magna Charta Dames. TRIBUTE TO SENATOR EUGENE a myriad of other services. True to its name, She has been chairwoman of the Denton Con- JOSEPH MCCARTHY the PRC has always been there for the people vention and Visitor’s Bureau, Denton Main of Louisiana to lend a compassionate, helping Street Association and Greater Denton Arts HON. BETTY McCOLLUM hand in the most difficult of times. Council. OF MINNESOTA The tragedy inflicted upon us by the wake of The Longhorn Council of the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES Hurricanes Katrina and Rita was certainly no America serves more than 40,000 youths with exception. As Hurricane Katrina wreaked Wednesday, February 1, 2006 scouting programs in central and north Texas. havoc and destruction over the peoples of the More than 15,000 adults volunteer to help with Ms. MCCOLLUM of Minnesota. Mr. Speak- state of Louisiana, PRC once again answered the programs. This prestigious award is given er, I rise today in honor of the late Senator the call of duty and courageous pastors, to members of the community whose leader- Eugene Joseph McCarthy, a former member priests, and other ministers, united in the ship focuses on volunteerism. of this body, who passed away on December cause of humanity and service, promptly orga- I extend my sincere congratulations to Ms. 10th. Senator McCarthy’s home state of Min- nized on September 1, 2005 as ‘‘PRC Com- Bette Sherman for receiving the Longhorn Boy nesota mourns his passing as a resolute, passion’’ to provide immediate response to the Scout of America Distinguished Citizen Award. dedicated public servant, and a national man disasters through compassion and inspiring Her contributions and service to the Denton of conscience. hope. According to its mission, PRC Compas- community should inspire us all. Eugene McCarthy began his lifelong com- sion coordinates national, state, and local faith f mitment to learning and teaching at various and community-based organizations to meet educational institutions in Minnesota. As a the physical, emotional, and spiritual needs of IN HONOR AND REMEMBRANCE OF member of the Democratic-Farmer-Labor people impacted by Hurricane Katrina. PRC MARY LEHMANN Party, he served as a member of the U.S. Compassion has worked tirelessly and self- House of Representatives representing Min- lessly to assist those disaster stricken commu- HON. DENNIS J. KUCINICH nesota’s Fourth Congressional District from nities in a number of different capacities. The OF OHIO 1949 until 1959, when he began serving the organization’s accomplishments in the face of IN THE HOUSE OF REPRESENTATIVES first of two terms in the U.S. Senate. By taking such adversity cannot be overstated: a principled stand against the Vietnam War as 1,801,200 people served; 253,260 volunteer Wednesday, February 1, 2006 a presidential candidate in 1968, he reached hours logged; 17,220 tons of food, water and Mr. KUCINICH. Mr. Speaker, I rise today in out to a disenfranchised generation, inspiring supplies distributed; 11,480 evacuees shel- honor and remembrance of Mary Lehmann, the youth of America to take part in the polit- tered; 10,152 volunteers deployed; 4,500 med- whose joyous life was framed by family, com- ical process. After failing to receive the Demo- ical encounters facilitated; 676 trained coun- munity and giving to others. Her passing cratic Party’s nomination for president, Sen- selors and chaplains mobilized; 250 faith

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00226 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 684 EXTENSIONS OF REMARKS February 1, 2006 based organizations involved; 84 faith based emerge from the Alma mine to the hugs of Mr. Speaker, shamefully the coalfields of shelters established; and 16 stress manage- grateful families. our Nation are littered with examples of how ment teams deployed. The organization con- But, tragically, in the end, our worst fears tragedy will always arise when the safety of tinues to assist the community today. were realized. Instead of a joyous reunion, our miners is neglected. While words cannot adequately encapsulate coal communities had lost two more souls. Facing his final moments, trapped in the the gratitude and debt the people of Louisiana Fourteen men gone in a span of less than mine as oxygen waned, miner Powell Harmon and the rest of the country owe to this incred- three weeks. Two fatal mine tragedies that wrote: ible organization, we can pay tribute to the he- might have been prevented. Two emergencies ‘‘Dear Wife and Children: My time has roic men and women of PRC Compassion by that went unreported for far too long. Two an- come. I trust in Jesus. He will save. It is now formally recognizing and acknowledging the guishing events where time stood still for ten minutes to 10 o’clock, Monday morning, caliber and breadth of their service to the peo- hours on end, with rescue teams frustrated and we are almost smothered. May God bless ple of Louisiana. It is for that reason I am and idling, and helpless families waiting. you and the children, and may we all meet in pleased to recognize and commend the he- In this age of high-technology, when report- Heaven. Good-bye till we meet to part no roic, timely, and selfless actions and prayers ers at the mouth of a mine could beam reports more.’’ of the faith community, particularly the actions around the Earth in an instant, it defies logic That was in 1902, in Tennessee. and prayers of PRC Compassion, in providing that we could not communicate with those Less than a month ago, Martin Toler, Jr., assistance and support to the citizens of Lou- men just a few thousand feet underground. trapped in the Sago mine in West Virginia, left isiana who were displaced by Hurricanes When electricity was running all types of com- these words: ‘‘Tell all I’ll see them on the other Katrina and Rita. While each and every mem- fort-giving and life-saving devices around the side. It wasn’t that bad. Just went to sleep. I ber of PRC Compassion deserves this com- globe, it was unbelievable that men who toiled love you.’’ mendation, I must also recognize the able in danger to make that power possible were Indeed, today the battle cry of Mary ‘Mother’ leadership of the PRC Compassion’s Board of trapped in primitive conditions, untraceable, Jones, that fiery advocate of coal miner justice Directors, namely Pastor Larry Stockstill of with just one precious hour of oxygen. during the early part of the last century, rings Bethany World Prayer Center in Baton Rouge, It was in 1969, spurred by another horrific just as loudly in our ears: ‘‘Pray for the dead LA; Pastor Fred Luter of Franklin Avenue Bap- West Virginia mine disaster, that one at Farm- and fight like hell for the living.’’ We can take some comfort in knowing that tist Church in New Orleans, LA; Pastor Jacob ington, that the Congress passed the Federal when those 14 West Virginia miners suc- Aranza of Our Savior’s Church in Lafayette, Coal Mine Safety and Health Act, broad, com- cumbed to the fire at Melville and the toxic LA; Pastor Steve Robinson of Church of the prehensive legislation to improve the lot of the gases of Sago, waiting to welcome them on King in Mandeville, LA; Pastor Dennis Watson miner. In 1977, we reinforced that act, giving the other side were generations of miners who of Celebration Church in New Orleans, LA; the labor Secretary immense powers to protect miners. know and understand their bravery and love. Apostle Willie Wooten of Gideon Christian Fel- But we should, as well, feel with unease the Since then, much progress has been made. lowship in New Orleans, LA; Dr. Jere Melilli of fact that the Mine Safety and Health Adminis- Tragedies such as these have become less Christian Life Fellowship in Baton Rouge, LA; tration—vested and empowered by the Con- frequent. Yet, as technology enabled our Na- and Pastor Dino Rizzo of Healing Place gress with necessary authorities—still has not tion to mine much more coal in much less Church in Baton Rouge, LA. done enough to prevent these tragedies, and time with far fewer workers, advances that Mr. Speaker, it is an honor to be able to in fact, has retreated from many advances in could improve the conditions for workers in the recognize and commend PRC Compassion, health and safety standards over the recent mines were tragically shoved aside. Mine who went well above and beyond the call of years. safety funds were cut. Federal enforcement duty in assisting the peoples of Louisiana dur- I aim to ensure that the legacy of the Sago became lax. Indeed, less than three years ago ing their hour of need. and Alma Miners will be the certainty that I stood on this floor of the House of Rep- f those laws are not left to idle on the shelf, but resentatives and offered an amendment to halt are, instead, enforced to the fullest extent. We FEDERAL MINE SAFETY AND the Administration’s attempt to allow a fourfold owe them, their brothers and sisters still in the HEALTH ACT OF 2006 increase in the amount of respirable dust in mines, and those yet to don a miner’s cap, underground coal mines. A regulation, I would nothing less. note, that would have resulted in more coal HON. NICK J. RAHALL II WEST VIRGINIA CONGRESSIONAL DELEGATION OF WEST VIRGINIA miner deaths due to the crippling disease FEDERAL MINE SAFETY AND HEALTH ACT OF 2006 IN THE HOUSE OF REPRESENTATIVES known as black lung. Yet the miners kept kissing their families The landmark Federal Coal Mine Health Wednesday, February 1, 2006 and Safety Act of 1969, as amended by the goodbye, whispering a prayer for their own Federal Mine Safety and Health Act of 1977, Mr. RAHALL. Mr. Speaker, on the evening safe return, and going into the mines, into the contains sufficient authority for the Sec- of January 19, a fire erupted on a conveyor dark, under tons of rock and dirt, to earn an retary of Labor to update, and enhance, un- belt at the Aracoma, Alma Number 1 coal honest wage. derground coal mine health and safety regu- mine, in Melville, West Virginia. Black smoke That so many tools available to the Sec- lations. Instead, as the unfortunate incidents began rolling through that mine. Nineteen min- retary of labor under existing law have been of last month at the Sago and Melville mines ers escaped. Two were missing. It was the be- left to just sit on the shelf while miners con- in West Virginia underscored, current Mine ginning of another episode in our recurring tinue to die underground is inhumane and in- Safety and Health Administration regula- nightmare. tions and policies are woefully inadequate on excusable. several fronts, such as their neglect of ad- West Virginians were still veiled in grief. Still It must stop now. vances in technologies that could be de- trying to make sense of the loss of 12 miners, That is the aim of legislation being intro- ployed to increase the survival of coal min- taken from us just 17 days before, at the Sago duced by the West Virginia Delegation in the ers involved in emergency situations. The coal mine, in Upshur County. Then it started House and the Senate. ‘‘Federal Mine Safety and Health Act of again. This legislation provides what apparently is 2006’’ mandates action to end the status quo. Media had flooded into Sago. They had cov- a necessary roadmap to the Secretary of labor The legislation would—— ered the waiting, the watching, the praying, of available statutory authorities which can be Sense of Congress and the mourning. Now they were streaming implemented immediately to improve health The legislation provides that the Mine back into West Virginia. And with them, the and safety in our underground coal mines. A Health and Safety Administration should world was drawn to another coal mining town, necessary roadmap, I would point out, in light strictly enforce health and safety standards of the numerous improvements, either already as required under the Federal Mine Safety this time in Logan County, to witness yet an- and Health Act of 1977. other mine tragedy unfolding. on the books or in the proposal stage, this Ad- Enhanced Rescue Requirements I stayed with the families, gathered at the ministration abandoned in recent years. Fol- Require the Secretary of Labor, within 90 Bright Star Freewill Baptist Church. We held lowing my remarks, I would include in the days of enactment, to implement the fol- hands. We prayed. We believed in the power RECORD an overview and explanation of our lowing: of miracles. We clung tightly to the hope that legislation, entitled, the ‘‘Federal Mine Safety (1) Better notification—Require under- those men, dust-covered and weary, would and Health Act of 2006. ‘‘ ground coal mine operators to expeditiously

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00227 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 685 provide notification of any accident where coal miner health and safety. A periodic re- H.R. 4314, THE ‘‘TERRORISM RISK rescue work is necessary, and require that view of existing health and safety standards INSURANCE REVISION ACT OF the Mine Health and Safety Administration would be required to enable more modern 2005’’ implement a system to immediately receive technologies to be incorporated as they be- these notifications. come available. (2) Rapid emergency response—Each oper- HON. JEB HENSARLING ator would be required to maintain mine res- Miner Ombudsman OF TEXAS cue teams whose members are employed by IN THE HOUSE OF REPRESENTATIVES Proposed to be established within the the operator and who are familiar with the Wednesday, February 1, 2006 workings of the coal mine to ensure ‘‘an im- Labor Department’s Office of Inspector Gen- mediate and rapid response to an emer- eral, the legislation would create the posi- Mr. HENSARLING. Mr. Speaker, extraor- gency.’’ This requirement would be in addition of Miner Ombudsman to ensure that dinary times call for extraordinary measures. tion to existing practice, in which rescue coal miners may confidentially report mine Our Nation has had to respond to the attacks teams from other mining operations are also safety and health violations. The ombuds- of September 11th in many different ways, in- used to respond to a given emergency. Opera- man would also be charged with the collec- cluding providing Federal support for our ter- tors would also be required to have a coordi- tion of safety information, providing infor- rorism insurance market. nation and communications plan between While I can understand support for an ex- mine rescue teams and local emergency re- mation on violations to the Mine Safety and sponse personnel, who, under the legislation, Health Administration for investigation and tension of TRIA, I have many concerns about would be eligible to receive appropriate the overall improvement of coal miner safe- the piece of legislation we will be voting on training to be familiar with mine rescue ty. shortly. Let me highlight a few of them. work. In addition, the Secretary is directed First, this bill greatly expands the TRIA pro- to issue regulations to address the adequacy f gram, going so far as to provide Federal as- of rescue team training and member quali- sistance for individual lines of insurance, rath- fications, the type of equipment used by the TRIBUTE TO VOLUNTEER DEN- er than just covering a company’s losses in teams, the structure of teams including the TISTS AND PHYSICIANS OF UTAH the event of a terrorist attack. number of each team’s members and the use This bill even goes so far as to include a of contractor teams, as well as liability and insurance issues. group life insurance component, a sector of (3) Emergency air and communications— HON. CHRIS CANNON the insurance marketplace that has shown no Each operator would be required to maintain sign of failure. OF UTAH emergency supplies of air and self-contained Allowing this type of line-by-line coverage breathing equipment at strategic locations IN THE HOUSE OF REPRESENTATIVES pushes the government into competitive, pri- within the mine for persons awaiting rescue. vate insurance markets where it does not be- These devices would be in addition to the Wednesday, February 1, 2006 long. A system of this nature will inevitably ex- rescuers worn by miners and would provide pose taxpayers to more risk sooner in the air to maintain life for a ‘‘sustained’’ period Mr. CANNON. Mr. Speaker, I rise today to process, while at the same time allowing in- of time. Operators would also be required to recognize the dedicated dentists and physi- surance companies to obtain government as- maintain, at these locations, independent cians who volunteer in my home state of Utah communications systems to the surface for sistance before it may be necessary. persons awaiting rescue, including, sec- to provide much needed care to low-income, Further, this bill continues to maintain a very ondary two-way telephone or equivalent uninsured residents in my district. low trigger for when the government would communication devices to the surface. An estimated one-third of Utah County resi- step in. While $50 million is higher than the (4) Emergency tracking—Each operator dents lack dental insurance. Hundreds of thou- current trigger level—set shortly after Sep- would be required to implement an elec- tember 11th—the Department of Treasury had sands of school hours and even more work tronic tracking device for rescue and recov- requested a number closer to $500 million. ery, and each person in an underground coal hours are lost every year due to oral pain For a program that was designed to be trig- mine would be provided with a portable de- when families cannot afford to visit a dentist. vice calibrated to communicate with the sur- gered for catastrophic events only, this higher face and with mine rescue teams. In Utah, needy patients are linked with dental threshold is perfectly applicable. Penalties providers who are willing to see patients on a While the bill before us is only a two-year Within 90 days of enactment, the legisla- charity basis. extension, it allows for a third year without tion requires the Labor Secretary to pre- For example, a constituent of mine was a Congressional approval. I am hard pressed to believe that this will be the final extension pro- scribe minimum civil penalty of up to $10,000 patient suffering from severe oral pain due to for a violation of the health and safety posed. standards in instances where an operator dis- three abscesses. She had been working full- The Federal Government consists of thou- plays ‘‘negligence or reckless disregard’’ of time; however, she did not have dental insur- sands and thousands of Federal programs the standards. This penalty would be as- ance through her employment. Even with her created by Congress. Many of these, I am sessed in addition to the Act’s existing pen- full-time wages, she made less than $1,500 a convinced, were started with the intention that alty for failure to correct a violation. The month—which put her family of four more than they would be temporary. To quote President Secretary is also directed to provide for a penalty of up to $100,000 in instances where 150 percent below the poverty level. Fortu- Reagan, ‘‘No government ever voluntarily re- an operator fails to expeditiously provide no- nately, through a system of volunteer dentists, duces itself in size. Government programs, tification of any accident where rescue work this constituent was able to schedule an emer- once launched, never disappear. Actually, a is necessary. gency appointment with one of the dentists in government bureau is the nearest thing to Prohibited Practices a local volunteer provider network. The dentist eternal life we’ll ever see on this earth.’’ At some point, after some reasonable transi- The bill reaffirms the existing statute’s was able to see her in his office the next day. prohibition on using entries which contain tion, either the market demands terrorism rein- conveyor belts to ventilate work areas in un- This is just one of many success stories surance or it does not. Our opinion should not derground coal mines. When mines are ar- among patients who are treated by volunteer be the relevant one. The relevant opinion is ranged this way, and a fire breaks out on a dentists and physicians, none of which would that of the market. belt, the belt tunnel can carry flames and be possible without the dedicated profes- If the market is not interested in terrorism deadly gases directly to the miners’ work reinsurance, Congress should not force the area, or to vital evacuation routes. This sionals who volunteer to give back to their long-standing prohibition was skirted by an community. I commend the dentists in Utah matter. If the market does demand this prod- April 2004 Mine Safety and Health Adminis- who willingly donate their time, their re- uct, we should not assume that the Federal Government needs to be a permanent fixture. tration rulemaking. sources, and their skill as dentists to help the Technological Advances Modifying or eliminating regulations, reduc- less-fortunate members of their own commu- ing corporate income tax rates, and preventing Under the bill, an Office of Science and nity. Their service and commitment in helping Technology Transfer would be established the abuse of our legal system are all important within the Mine Health and Safety Adminis- the underserved is a testament to the strength factors that, if addressed, would free up mas- tration to conduct research and development of the local community, and I applaud their ef- sive amounts of capital for insurers and re-in- to advance new technologies for underground forts. surers.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00228 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 686 EXTENSIONS OF REMARKS February 1, 2006 This additional capital would help to in- important cause or for the other good works sionary and committed children from Lincoln, crease the supply of terrorism insurance, lead- she did for our community. Vermont. According to Pastor David Wood, ing to a reduction in premium rates, and mini- The health of this great democracy of ours the ark will have everything ‘‘from fish to lla- mizing the need for a Federal backstop pro- depends on people of good will joining tomas to cows. And chickens and pigs, and also gram or Federal involvement at all. gether to build a better future for our commu- trees to provide ongoing food and medicinals.’’ Unfortunately, until we rid the world of the nity. That was what Shirley Lynne was all Yes, we do live in a global village, and our terrorists who seek to destroy us, terrorism in- about. She did not sit out life on the sidelines. children are showing us how it can be rich in surance will continue to be a fact of life for She made a difference through the many lives generosity and neighborliness. businesses in this country. Until then, I have she touched and the legacy of a stronger and f faith in our markets and their ability to respond more caring community that she helped to accordingly to the challenges posed by do- nourish. We need many more Shirley Lynnes. MOURNING THE VICTIMS OF THE mestic and international events. To Shirley’s family, let me say that you are KATOWICE DISASTER Regrettably, I cannot support this legislation in our hearts and prayers. I especially want to but I plan to reluctantly support it. say to Diane, what a wonderful daughter you HON. RAHM EMANUEL f have been to Shirley. You were best friends OF ILLINOIS and inseparable. I know that you were—and IN THE HOUSE OF REPRESENTATIVES REMEMBERING SHIRLEY LYNNE you remain—her greatest joy. Please know Wednesday, February 1, 2006 that we all share your grief at this painful time, HON. CHRIS VAN HOLLEN but that we also share your great pride in your Mr. EMANUEL. Mr. Speaker, I rise today to OF MARYLAND mother’s many accomplishments. extend my deepest condolences to the people IN THE HOUSE OF REPRESENTATIVES of Poland in their time of national mourning f following the building collapse disaster in Wednesday, February 1, 2006 CHILDREN SHALL LEAD THEM Katowice on Saturday, January 28, 2006. Mr. VAN HOLLEN. Mr. Speaker, I rise to I sympathize with those families who have honor the life of Shirley Lynne and reflect on lost loved ones as a result of this catastrophe her many wonderful contributions to our com- HON. BERNARD SANDERS and join the world in prayer for a swift recov- munity. This is a time of great sadness, made OF VERMONT ery for those who were injured. even sadder by the suddenness of Shirley’s IN THE HOUSE OF REPRESENTATIVES I would also like to offer my appreciation to passing. There was no time to say our good- Wednesday, February 1, 2006 the brave men and women who selflessly byes. It is a time of great loss for our commu- rushed in to the building to conduct the search nity because Shirley was always in the middle Mr. SANDERS. Mr. Speaker, I want to com- and rescue operations in freezing tempera- of so much that went on—especially in her mend a group of young people in Vermont tures and saved so many lives. Wheaton community. She would always know who have done a wonderful thing, worth bring- Mr. Speaker, I join with the residents of the exactly what was happening in Wheaton, ing to the attention of my colleagues in the 5th district indeed all of Chicago in offering our whether it was the Wheaton Metro develop- Congress and the American people. thoughts and prayers to the Polish people. A group of students in the Sunday School of ment, something happening at Wheaton f Mall—Westfields that is—or any other hap- the United Church in Lincoln, Vermont, have penings in the community. If you wanted to raised over $5,000 dollars for Heifer Inter- RECOGNIZING MR. MARVIN find out what was going on in Wheaton, Shir- national. Lincoln is a beautiful community in BRAUDE ley was always in the know. These days many the Green Mountains of Vermont, but it is not people live side-by-side without ever really a large community, so a fundraising effort of HON. HILDA L. SOLIS this magnitude, for the benefit of a rural village getting to know their neighbors. Not Shirley. OF CALIFORNIA in an underdeveloped country is testimony to She knew so much that some of us suspected IN THE HOUSE OF REPRESENTATIVES she had tapped into everybody’s telephones. how much the youth of America care about In fact, Shirley got to know her neighbors the world. Wednesday, February 1, 2006 the old fashioned way—by knocking on their This project began with conversations about Ms. SOLIS. Mr. Speaker, I rise today to rec- doors and introducing herself. She got to know world hunger. Students, as young as 3 and as ognize and celebrate the life of Mr. Marvin many of them in her capacity as the Demo- old as 14, decided that raising money for Heif- Braude. Marvin Braude was a long-time Los cratic precinct captain. Shirley always had the er International would be a good way to ad- Angeles City Council Member, an outdoor encourage of her convictions. While she was dress, positively, the issue of world hunger. thusiast, and a pioneering environmentalist. small in height, she had a huge heart and a Many people are trapped by poverty, under- Braude served on the L.A. City Council from feisty nature. She never shied away from a development, and the impossibility of finding 1965 until 1997. His achievements on behalf tough issue. She always stood up for the un- the resources they need for self-improvement. of the people of Los Angeles significantly im- derdog and believed deeply in the values and Heifer International believes in self-help: if proved their day-to-day quality of life. Braude’s principles of the Democratic Party. Her neigh- human beings are given the tools they need, work included building a coalition to stop an bors mostly followed her lead and she always they can improve their lives. So Heifer Inter- oil-drilling project off the coast of Pacific Pali- delivered her precinct for Democratic can- national provides livestock, education in agri- sades and fighting for the ban on smoking in didates. culture, and small business counseling, so in- restaurants, elevators, city offices, and mar- I will always be grateful to Shirley for her dividuals and entire communities get a hand kets. Perhaps Braude’s most notable accom- support in my Congressional election. She up instead of a handout. plishment was the creation of the Santa took me door-to-door throughout her precinct Over the course of 18 months the kids of Monica Mountains National Recreation Area. and introduced me to her friends and neigh- the United Church Sunday School made Braude’s vision for the area, stretching from bors. She also charmed and cajoled many of countless cow-shaped cookies and holiday or- North Santa Monica to Venice Beach, pro- them into putting up ‘‘Van Hollen’’ lawn signs. naments and sold them for a dollar each. It vides residents and visitors alike the oppor- They might have said ‘‘no’’ to me, but no one took a lot of cookies and ornaments to reach tunity to enjoy the outdoors by foot, bike, and dared say ‘‘no’’ to Shirley Lynne. Needless to the goal of $5,000. They were helped by the even rollerblade. say, we won her precinct. Thank you, Shirley. school superintendent, Chris Bohjalian and a Marvin’s late wife, Majorie, was a psychia- Shirley was also deeply committed to help- group of dedicated Sunday school teachers. trist, a leader among women doctors, and a ing individuals with mental illnesses. She But the real effort, the real credit, goes to the leader in the fight against domestic violence. spent countless hours helping out at the Thrift young people, for on this past Christmas Eve, Braude is survived by his two daughters, Ann Shop on Rockville Pike to benefit the Alliance their goal of $5,000 was reached. and Liza Braude, and two grandchildren, for the Mentally III. She never asked for any- An ‘‘ark’’ of farm animals will be delivered to Emma Braude Adler and Benjamin Braude thing in return for all that she did to help that a village, most likely in Armenia, the gift of vi- Adler.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00229 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 687 HONORING JENNY SILVER TRIBUTE TO ACADEMY NOMINEES bility of interviewing upwards of 50 outstanding FOR 2005 FROM THE 11TH CON- high school seniors every year in the academy HON. ROBERT E. ANDREWS GRESSIONAL DISTRICT OF NEW review process. JERSEY The nomination process follows a general OF NEW JERSEY timetable. High school seniors mail personal IN THE HOUSE OF REPRESENTATIVES HON. RODNEY P. FRELINGHUYSEN information directly to the Military Academy, Wednesday, February 1, 2006 OF NEW JERSEY the Naval Academy, the Air Force Academy, and the Merchant Marine Academy once they Mr. ANDREWS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES become interested in attending. Information in- honor Ms. Jenny Silver for her efforts to Wednesday, February 1, 2006 cludes academic achievement, college entry brighten the holidays of those children in New Mr. FRELINGHUYSEN. Mr. Speaker, every test scores, and other activities. At this time, Orleans who have been affected by the recent year, more high school seniors from the 11th they also inform my office of their desire to be devastation of Hurricane Katrina. Ms. Silver’s Congressional District trade in varsity jackets nominated. actions have served not only as a means of for Navy pea coats, Air Force flight suits, and The academies then assess the applicants, bringing holiday cheer to the children of the Army brass buckles than most other districts rank them based on the data supplied, and re- Crescent City, but also as an impetus for in the country. But this is nothing new—our turn the files to my office with their notations. those of us not directly affected by Katrina to area has repeatedly sent an above average In late November, our Academy Review Board keep its victims in our thoughts. portion of its sons and daughters to the na- interviews all of the applicants over the course Ms. Silver recently organized a community tion’s military academies for decades. of 2 days. They assess a student’s qualifica- bowling event in my district, held on Decem- This fact should not come as a surprise. tions and analyze character, desire to serve, ber 18, 2005. The event itself was free, pro- The educational excellence of area schools is and other talents that may be hidden on vided that each participant raised at least $8 well known and has long been a magnet for paper. in donations. One hundred percent of the pro- families looking for the best environment in This year the board interviewed over 40 ap- ceeds from that event were used to buy teddy which to raise their children. Our graduates plicants. Nominations included 10 to the Naval bears, which have since been sent to Chil- are skilled not only in mathematics, science, Academy, 14 to the Military Academy, 4 to the dren’s Hospital in New Orleans. There, the and social studies, but also have solid back- Merchant Marine Academy and 7 to the Air hospital, in conjunction with a local nonprofit grounds in sports, debate teams, and other Force Academy—the Coast Guard Academy organization, distributed the bears as holiday extracurricular activities. This diverse upbring- does not use the Congressional nomination gifts to disadvantaged children both at the ing makes military academy recruiters sit up process. The recommendations are then for- hospital and elsewhere in the city. and take note—indeed, many recruiters know warded to the academies by January 31st, Ms. Silver’s generosity in devoting her time our towns and schools by name. where recruiters reviewed files and notified ap- and energy to this cause exemplifies the self- Since the 1830’s, Members of Congress plicants and my office of their final decision on lessness and civic-mindedness that makes our have enjoyed meeting, talking with, and nomi- admission. country great. I commend Jenny Silver, and all nating these superb young people to our mili- As these highly motivated and talented those who took part in this event, for their em- tary academies. But how did this process young men and women go through the acad- bodiment of what it means to be good neigh- evolve? In 1843, when West Point was the emy nominating process, never let us forget bors and good Americans. sole academy, Congress ratified the nomi- the sacrifice they are preparing to make: to nating process and became directly involved defend our country and protect our citizens. f in the makeup of our military’s leadership. This This holds especially true at a time when our IN HONOR OF THE NEOSHO DAILY was not an act of an imperial Congress bent nation is fighting the war against terrorism. NEWS on controlling every aspect of Government. Whether it is in Afghanistan, Iraq, or other hot Rather, the procedure still used today was, spots around the world, no doubt we are con- and is, a further check and balance in our de- stantly reminded that wars are fought by the HON. ROY BLUNT mocracy. It was originally designed to weaken young. And, while our military missions are OF MISSOURI and divide political coloration in the officer both important and dangerous, it is reassuring IN THE HOUSE OF REPRESENTATIVES corps, provide geographical balance to our to know that we continue to put America’s Wednesday, February 1, 2006 armed services, and to make the officer corps best and brightest in command. more resilient to unfettered nepotism and ACADEMY NOMINEES FOR 2005 Mr. BLUNT. Mr. Speaker, I rise today to handicapped European armies. 11TH CONGRESSIONAL DISTRICT NEW JERSEY: honor the Neosho Daily News, which recently In 1854, Representative Gerritt Smith of Air Force Academy—David J. Dobrosky, celebrated the One Hundredth Anniversary of New York added a new component to the Mountain Lakes, Mountain Lakes H.S.; Oli- the establishment of the newspaper. academy nomination process—the academy ver J. Kotelnicki, Bridgewater, Bridgewater- The Neosho Daily News began publishing review board. This was the first time a Mem- Raritan H.S.; Benjamin K. Joelson, Far its first edition as the Daily Democrat on Janu- ber of Congress appointed prominent citizens Hills, Morristown-Beard School; Brian J. ary 23, 1905. In 1952, Howard Bush pur- from his district to screen applicants and as- Monga, Rockaway, Morris Knolls H.S.; Scott chased the newspaper from the Anderson N. Pierson, Parsippany, Parsippany Hills sist with the serious duty of nominating can- H.S.; Alexander C. Roosma, Bloomingdale, family and began publishing the newspaper didates for academy admission. Today, I am Butler H.S.; Sean C. Schiess, Flanders, under its current name. Publishers have in- honored to continue this wise tradition in my Mount Olive H.S. cluded Howard Bush, Kenneth Cope, Randy service to the 11th Congressional District. Merchant Marine—Kurt T. Bethman, Spar- Cope, and Rick Rogers. The Neosho Daily The Academy Review Board is composed of ta, Sparta H.S.; Derek W. Day, Madison, News provides information to parts of Mis- six local citizens, many of whom are veterans, Newark Academy; Jonathon M. Dobbins, souri, Arkansas, Oklahoma and Kansas. In who have shown exemplary service to New Randolph, Randolph H.S.; Matthew F. two of the past three years, the Neosho Daily Poloniak, Sparta, Sparta H.S. Jersey, to their communities, and to the con- Military Academy—Andrew D. Carbone, News has been awarded the Missouri Press tinued excellence of education in our area. Basking Ridge, Ridge H.S.; Thomas L. Association General Excellence Award. The Though from diverse backgrounds and profes- Comer, Gillette, Seton Hall Preparatory newspaper has consistently been an out- sions, they all share a common dedication that School; Stephanie Forgione, Morristown, standing community leader, sponsoring such the best qualified and motivated graduates at- Morristown H.S.; Jason Johanson, Parsip- events as the Neosho Business and Industry tend our academies. And, as true for most vol- pany, Morris Hills H.S.; Patrick H. Loeuis, Show, the Neosho Christmas Parade, and unteer panels, their service goes largely unno- Chatham, Chatham, H.S.; Megan O. Maiello, Share Your Christmas. The newspaper is cur- ticed. Succasunna, Roxbury H.S.; Evan R. rently part of the Liberty Publishing Group. Malanga, Basking Ridge, Ridge H.S.; Dario I would like to take a moment to recognize Marcelli, III, East Hanover, Hanover Park Throughout its one-hundred years of exist- these men and women and thank them pub- H.S.; Megan Milhisler, Succasunna, Roxbury ence, the Neosho Daily News has made a licly for participating in this important panel. H.S.; Scott D. Nordland, Mendham, St. positive impact to the four-state area that it Being on the board requires hard work and an Georges School; Kent S. Patterson, Madison, serves. objective mind. Members have the responsi- Madison H.S.; Andrew C. Peterson, Short

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00230 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 688 EXTENSIONS OF REMARKS February 1, 2006 Hills, Morristown-Beard School; Omar S. Known for his intelligence, strong work in the skies above Texas, killing all seven Shaikh, Short Hills, Millburn H.S.; Quentin ethic, and the ability to bring out the absolute members of her crew. Sica, Stanhope, Lenape Valley H.S. best in people, Wayne Shumate made it easy The tragedy reminded us of a similar cloud- Naval Academy—Lindsey C. Asdal, Chester, West Morris Mendham H.S.; Michael J. to remember him. He led a distinguished ca- less morning almost 17 years to the day ear- Campbell, Mendham, Delbarton School; reer in the textile industry, serving as director lier, when the space shuttle Challenger was Ralph N. Grossman, Green Pond, Morris of Jockey International and then as chairman lost moments after liftoff. Knolls H.S.; Michael C. Howley, West of both Blue Grass Industries and Kentucky The 14 men and women who died on these Caldwell, Seton Hall Preparatory School; Textiles. missions were extraordinary individuals, but William D. McAloon, Madison Delbarton Always one to enjoy a challenge, Wayne they were typical of the men and women School; Brian J. McNally, Morristown, Mor- began raising blackberries at his Nicholas NASA employs. ristown H.S.; Christopher K. Schneider, County farm in an effort to find a replacement Courageous. Mendham, Seton Hall Preparatory School; Heather R. Smith, East Hanover, Hanover crop for Kentucky’s dwindling tobacco indus- Dauntless. Park H.S.; Timothy F. Whitney, Pine Brook, try. Thanks to Wayne’s hard work and busi- Driven by a spirit of exploration and a desire Montville H.S.; Mark J. Van Orden, Jr., Mor- ness savvy, the blackberry venture took off to understand the unknown. ris Plains, Delbarton School. and became incredibly successful. Today— The Columbia and Challenger crew mem- f twenty-years after Wayne planted his first Hull bers knew the risks of spaceflight, but they Thornless blackberries—WindStone Farm is chose to serve anyway—not in spite of the RACHEL DUNN nationally recognized and famous for its Black- risks, but in part because of them. berry Jam. They gave their lives in the hard and noble HON. TED POE Never one to rest of his laurels, Wayne was work of discovery, in service to their country OF TEXAS affiliated with many different civic and non- and for all mankind. IN THE HOUSE OF REPRESENTATIVES profit boards, which also speaks volumes Though these 14 heroes have slipped the Wednesday, February 1, 2006 about his personal character and reputation. ‘‘surly bonds of earth,’’ their legacy remains, Three different Governors appointed him to grounded in the hearts and memories of those Mr. POE. Mr. Speaker, today I want to con- the Kentucky Harness Racing Commission who strive every day to finish their life’s work. gratulate Rachel Dunn on her recent offer of and he served as President of the Association f appointment to the United States Military of Racing Commissioners International (RCI). Academy at West Point. Rachel sought a Wayne also spent two terms on the Cincinnati/ COMMENTS ON SECTION 1403 OF nomination to West Point through my office, Cleveland 4th District Federal Reserve Board, ENERGY POLICY ACT OF 2005 competing with a group of highly qualified ap- chaired Governor Julian Carroll’s Economic plicants. Rachel was selected for a nomination Development Commission, and was widely HON. JOE BARTON and West Point has offered her an appoint- known and recognized in the cities of Carlisle OF TEXAS ment to their celebrated institution. I am proud and Paris, Kentucky for his thoughtful leader- IN THE HOUSE OF REPRESENTATIVES to have given her a Congressional nomination. ship. Rachel is currently a senior at Humble High Wednesday, February 1, 2006 Wayne was a loving father and loyal com- School in Humble, Texas. She possesses panion, and I want to take this opportunity to Mr. BARTON of Texas. Mr. Speaker, I rise many qualities that will make her an excellent extend my heartfelt condolences to his moth- today to address the Energy Policy Act of cadet at West Point, and an excellent officer er, Carrie Spivey Shumate, his wife, Kay 2005 that was signed by the President in Au- in the United States Army. She has shown an George Shumate, his two children, Clifford gust. This Act is the most comprehensive en- unwavering sense of dedication to long-term Wayne Shumate Jr. and Sara Paige Shumate ergy legislation in 30 years, and I believe it will goals, as she has played on the Humble Lady Short, his sister, Rose Carol Shumate, and the lower energy prices for consumers, spur our Wildcats volleyball team for her full four year rest of his family and friends. economy, create hundreds of thousands of career at Humble High. Rachel’s hard work Mr. Speaker, I ask my colleagues to join me jobs, and take unprecedented steps to pro- paid off during her senior year when her team- in honoring the memory of Wayne Shumate. mote greater energy conservation and effi- mates voted her captain of the team. She has While he will be sorely missed, I am confident ciency. I want to highlight one provision that I earned various awards: Volleyball JV Squad his legacy—not to mention his famous smile— included in the House passed version of this MVP in 2003, Offensive Player of the Year in will continue to live on in the hearts and minds legislation and which was retained in the final 2004 and 1st Team All-District in 2004. of his loving family and many friends. conference report. This provision promotes en- Not only has Rachel excelled in the sports f ergy efficiency of electric transformers and im- arena, she also has excelled in the classroom. proved public safety, but also promotes strong She has a 4.9 GPA on a 5.0 scale and was PERSONAL EXPLANATION environmental stewardship. This provision, ranked 27th in a class of 887. She acted cou- [section 1403,] governs the use of non petro- rageously to save someone’s life, showing tre- HON. HENRY J. HYDE leum oil in electric transformers as electrical mendous fortitude under intense pressure. OF ILLINOIS insulation. In addition Rachel interviewed with poise IN THE HOUSE OF REPRESENTATIVES The intent of section 1403 was to provide and intelligence with my Service Academy Wednesday, February 1, 2006 clarity for the new Oil Spill Prevention, Con- Nomination Board. The Board recommended tainment, and Countermeasures (SPCC) regu- her to me without hesitation. Mr. HYDE. Mr. Speaker, on January 31, lations. As some of my colleagues know, elec- Mr. Speaker, I believe Rachel is a fine 2006, I was absent for the following vote for tric transformers, whether the small buckets Texan who will serve her country with distinc- personal reasons. Had I been present, I would on telephone poles or those pad mounted on tion and I wish her good fortune in this new have voted ‘‘present’’ on rollcall No. 1. the ground, include some quantities of oil used chapter of her life. f as an electrical insulation and thermal dissipa- f IN MEMORY OF THE ‘‘COLUMBIA’’ tion medium. IN MEMORY OF WAYNE SHUMATE AND ‘‘CHALLENGER’’ HEROES Under SPCC, small and rural utilities and institutions that have their own electric trans- HON. HAROLD ROGERS HON. TOM DeLAY formers—including hospitals, schools, and military bases—will be required to build sec- OF KENTUCKY OF TEXAS ondary containment diking around their electric IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES transformers in case there is a spill of the oil Wednesday, February 1, 2006 Wednesday, February 1, 2006 used in transformers as thermal insulation. It Mr. ROGERS of Kentucky. Mr. Speaker, I Mr. DELAY. Mr. Speaker, I rise today to re- should be noted that by the government’s own rise today to pay tribute to Wayne Shumate, member 14 heroes of our Nation’s space pro- estimates, facilities with less than 10,000 gal- an all around outstanding Kentuckian. Wayne gram. lons of storage capacity account for less than passed away on November 14, 2005, the day Three years ago today, on a clear blue 2 percent of the total volume of oil spilled in after his 71st birthday. morning, the space shuttle Columbia exploded the United States. Furthermore, the amount of

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00231 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 689 volume contained in electric transformers is tion to West Point through my office, com- San Antonio made history in 2005 by bring- well below this figure. peting with a group of highly qualified appli- ing some new athletes into the rodeo: the All those facts aside, section 1403 was in- cants. He was selected for a nomination and roughest, toughest and best livestock from six- cluded in the Energy Policy Act of 2005 as a West Point has offered him an appointment to teen different stock contractors all over North means to provide an alternative to the in- their celebrated institution. I am proud to give America. This prompted the Professional creased costs of Federal regulations on rural him a Congressional nomination. Rodeo Cowboys Association to create a cat- communities and institutions that have electric Charles is currently a senior at Kingwood egory especially for the San Antonio Stock transformers, providing regulatory relief for High School in Kingwood, Texas and he pos- Show & Rodeo: the ‘‘Top Rough Stock Re- bio-based oils that have proven environmental sesses many qualities that will make him an muda of the Year Award.’’ benefits. Specifically, local communities and excellent cadet at West Point, and an excel- The Executive Director Keith Martin and the institutions that have electric transformers can lent officer in the United States Army. He has over 4,000 dedicated San Antonio Stock Show avoid the costs of constructing secondary shown the ability to dedicate himself to a goal and Rodeo volunteers deserve special rec- diking containment around their transformers if over the long-term, and to succeed with this ognition. It is their hard work and dedication they use bio-based, non petroleum oils as in- dedication. Charles is a 4-year varsity swim- that makes the San Antonio Stock Show and sulation. In addition, many older electric trans- mer on the Kingwood High School Swim Rodeo one of the best in the Nation. formers still contain Polychlorinated Biphenyls Team and was Captain of the team this sea- f (PCBs) in their electrical insulation. By pro- son. He is a 5-time High School All-American, moting these alternatives to petroleum-based 2003 Rookie of the Year and 2005 District FREEDOM FOR JORGE LUIS oil used as thermal insulation in electric trans- Swimmer of the Year. Also in 2005, he was on GARCIA PEREZ formers, we provide a smart and environ- the Team 5A Texas State Champs and was a mentally friendly option to encourage the re- National Runner-Up. HON. LINCOLN DIAZ-BALART placement of PCBs. It should be noted that Charles has proven himself academically as OF FLORIDA this provision was retained in the final legisla- well, earning the AP Scholar Award. He is a IN THE HOUSE OF REPRESENTATIVES tion without opposition or controversy. member of the USA Swimming Academic All- Wednesday, February 1, 2006 Additionally, in 1995, Congress passed the American Team and a member of the National Edible Oil Regulatory Reform Act. This statue Honor Society. Mr. LINCOLN DIAZ–BALART of Florida. Mr. set forth specific guidelines for implementing The clincher for Charles was the interview Speaker, I rise today to remind my colleagues regulations on oil spills. The Edible Oil Regu- by my Service Academy Nomination Board. about Jorge Luis Garcia Perez, better known latory Reform Act states ‘‘. . . in issuing or Nothing can replace a personal encounter to as Antunez, a long suffering and heroic polit- enforcing any regulation or establishing any in- establish credibility and repute. His inter- ical prisoner in totalitarian Cuba. terpretation or guideline relating to the trans- viewers said that he was an exceptional can- Antunez, Mr. Speaker, is the face of the real portation, storage, discharge, release, emis- didate, with excellent character and strong Cuba. sion, or disposal of a fat, oil, or grease under moral values. They were impressed by Antunez has been locked in the totalitarian any Federal law, the head of that Federal Charles’s professed dream to attend the U.S. gulag since 1990. In a sham trial, he was sen- agency shall differentiate between and estab- Military Academy, and knew he understood tenced to 6 years in prison for ‘‘oral enemy lish separate classes . . . and consider dif- the gravity of the commitment to the Academy propaganda.’’ In May 1993, he was tried in a ferences in the physical, chemical, biological, and of becoming an officer in the U.S. Army. second sham trial, and sentenced to an addi- and other properties, and in the environment.’’ They recommended him to me without res- tional 15 years to be served from that mo- Nearly a decade later, EPA continues to main- ervation. ment. In total, Antunez has been sentenced to tain the position that ‘‘oil is oil.’’ EPA has ei- Mr. Speaker, I believe that Charles is a fine 18 years in Castro’s grotesque, inhuman ther been unwilling or unable to differentiate Texan who will serve his country with distinc- gulag. between the different classes of oils. I raise tion and I wish him good fortune in this new Despite being locked up in the tyrant’s this issue because I want to make clear how chapter of his life. gulag, Antunez has bravely carried out heroic the author of section 1403 intends it to be in- f activism in Cuban jails, writing reports on pris- terpreted. on conditions and carrying out numerous pro- Section 1403, Regulation of Certain Oil COMMENDING THE SAN ANTONIO tests and hunger strikes to demand more hu- Used in Transformers, reads as follows: ‘‘Not- STOCK SHOW AND RODEO mane treatment for prisoners. He has never withstanding any other provision of law, or rule wavered in his commitment to human rights promulgated by the Environmental Protection HON. HENRY BONILLA and democracy for the Cuban people. Antunez Agency, vegetable oil made from soybeans OF TEXAS has never given in to the beatings, the punish- and used in electric transformers as thermal IN THE HOUSE OF REPRESENTATIVES ment cells and the instruments of torture inflicted on him by the Castro regime. Antunez insulation shall not be regulated as an oil iden- Wednesday, February 1, 2006 tified under section 2(a)(1)(B) of the Edible Oil always rises up and calls out, demanding Regulatory Reform Act (33 U.S.C. Mr. BONILLA. Mr. Speaker, today I wish to human rights and freedom for Cuba. 2720(a)(1)(B)).’’ recognize and offer my congratulations to the After over 15 years in the gulag, Antunez is EPA’s broad generalization that ‘‘oil is oil’’ San Antonio Stock Show and Rodeo for re- still feared and relentlessly attacked by the disregards renewable oils that, I believe, have ceiving honors as the ‘‘Large Indoor Rodeo of dictatorship. According to the Department of an improved effect on the environment in case the Year for 2005’’ and ‘‘Top Rough Stock Re- State’s Country Reports on Human Rights of a spill. EPA’s broad policy impedes the re- muda of the Year Award.’’ Everyone who Practices for 2004, ‘‘on July 6, family mem- placement of fluids known to be harmful to the worked together to support our world-class bers of political prisoner Jorge Luis Garcia environment with fluids that have proven, test- rodeo in San Antonio deserves our com- Perez, reported being beaten along with Gar- ed benefits for the environment. mendation. cia during a prison visit. Authorities handcuffed f Each year, the Professional Rodeo Cow- and beat Garcia and later punched his sister boys Association honors the best of the best and kicked his girlfriend’s 9 year old son after CHARLES WARREN CILISKE in contract personnel, stock contractors and the visitors protested the harsh treatment.’’ rodeo committees during the annual ‘‘Contract No matter how intense the repression, no HON. TED POE Personnel Awards Banquet’’ on the eve of the matter how horrifically brutal the con- OF TEXAS National Finals Rodeo. The San Antonio Stock sequences to him and his family, Antunez will IN THE HOUSE OF REPRESENTATIVES Show and Rodeo took home the prestigious not waiver in his conviction that Cuba should honor of ‘‘Large Indoor Rodeo of the Year for be and will be free. He is a symbol of dignity Wednesday, February 1, 2006 2005.’’ The award is especially meaningful be- and heroic resistance to tyranny. Mr. POE. Mr. Speaker, today I want to con- cause winners are voted on by over 10,000 of Mr. Speaker, this courageous man has been gratulate Charles Warren Ciliske on his recent their peers in the rodeo industry. It is the in Castro’s gulag since 1990, for failing to offer of appointment to the U.S. Military Acad- equivalent of the national championship for keep silent about the nightmare that is the emy at West Point. Charles sought a nomina- rodeo. Castro regime. My Colleagues, it is a profound

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00232 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 690 EXTENSIONS OF REMARKS February 1, 2006 embarrassment for mankind that the world elor’s degree from Jamestown College in the American people an inspirational story of stands by in silence and acquiescence while North Dakota, then did graduate work at San a 5-year-old boy named Adam Susser; whose political prisoners are systematically tortured Francisco State University and the University uplifting story is a true testament to the hope because of their belief in freedom, democracy, of California, Berkeley. Jean was a staff biolo- that stem cell research brings in the quest for human rights and the rule of law. We should gist at Lawrence Berkeley National Laboratory the treatment and cure of numerous diseases, never forget those who are locked in gulags from 1945 to 1952, then a board member and injuries, and birth defects from which hundreds because of their desire to be free. We must Chair of the Stege Sanitary District in El of millions of people suffer worldwide. demand the immediate and unconditional re- Cerrito from 1975 to 1979. She also served on Due to severe asphyxiation at birth, Adam lease of Jorge Luis Garcia Perez and every the El Cerrito City Council from 1980 to 1985 Susser was diagnosed as being cortically blind prisoner of conscience in totalitarian Cuba. and again from 1987 to 1991, including two with spastic quadriplegic cerebral palsy. De- f terms as Mayor. spite recommendations that Adam be institu- At the time of Will Siri’s passing in 2004, the tionalized, and despite the grim predictions INADEQUACY OF REIMBURSEMENT couple had been married 54 years. Mr. Siri that he would never gain the ability to see or FOR IMMUNE GLOBULINS was renowned as both a scientist and moun- walk; his parents, Gary and Judith, and his taineer. From 1943 to 1945 he worked as a twin brother, Brandon, refused to give up HON. JOSEPH R. PITTS member of the Manhattan Project. In 1963 he hope. With the help of the Genetics Policy In- OF PENNSYLVANIA was the co-leader of the first American expedi- stitute, a leading non-profit agency dedicated IN THE HOUSE OF REPRESENTATIVES tion to climb Mount Everest. Will was a lead- to the establishment of a positive legal frame- Wednesday, February 1, 2006 ing researcher in biophysics at Lawrence work to advance the search for cutting-edge Berkeley Labs. During the 1960s and 1970s cures like stem cell research, Adam’s family Mr. PITTS. Mr. Speaker, I rise today to he also served as President-Director of the Si- discovered the means to provide him with the bring to the House’s attention a very important erra Club. medical care he desperately needed. issue relating to the reimbursement of plasma The impact of Jean’s life-long work on be- Now, after receiving multiple stem cell treat- protein therapeutics. Specifically, I continue to half of the environmental movement, public ments, Adam has miraculously recovered par- be concerned regarding the inadequacy of re- access to recreational resources, and public tial sight; he has overcome his atrophy, gain- imbursement for immune globulins. health is immeasurable. Among the long list of ing the ability to move and walk; he commu- A fragile Medicare beneficiary population is agencies that Jean supported with her time nicates verbally and even goes horseback dependent on immune globulins for life saving and endless energy were the West Contra riding. While I am encouraged by Adam’s as- therapies. As a result, Congress and the Cen- Costa Conservation League, County Haz- tonishing progress against significant odds, his ters for Medicare and Medicaid Services ardous Materials Commission, the League of story casts a disturbing light on the current (CMS) share a responsibility to assure access Women Voters, the West County Toxics Coali- barriers that Americans face when seeking to these therapies. CMS recently recognized tion, the Contra Costa County Public and En- such treatment. Stem cell research, including the importance of this issue by providing for a vironmental Health Board, the Gray Panthers, embryonic-based research—which studies pre-administration fee in both sites of service and the Fresh Start Homeless Board of Direc- stem cells with the unique capability of devel- for immune globulins, physician offices and tors. Along with her husband Will, Jean was oping into any cell type—offers the greatest hospital outpatient settings. This provision was instrumental in the creation of Save the Bay hope to those who suffer from a myriad of outlined in CMS’s Hospital Outpatient Pro- and was a long-time member of the Sierra deadly and debilitating diseases, like Parkin- spective Payment System final rule and in the Club. Jean will always be remembered as a son’s, Alzheimer’s, heart disease and diabe- Physician Fee Schedule final rule. staunch environmentalist and lover of the out- tes. An even more promising aspect of embry- Third party studies are currently underway doors. Together, she and Will were recipients onic stem-cell therapy is that it does not re- to identify the true costs associated with the of many awards, including the Feinstone Envi- quire expensive anti-rejection drugs after acquisition, handling, and administration of im- ronmental Award from Syracuse University in transplantation. mune globulins. Congress anticipates that New York for their work on corrective legisla- Unfortunately, the Bush Administration pol- CMS will issue a Program Memorandum re- tion for air pollution, land use and solid waste icy continues to hinder the use of embryonic flecting the study findings upon receipt of the treatment. stem cells by only allowing researchers ac- data. Perhaps though, her greatest advocacy role cess to a limited number of these cells, most To guarantee access, I urge CMS to provide was her representation on the East Bay Re- of which are unusable due to contamination. for product specific reimbursement for each gional Park District Board of Directors. She This unconscionable policy stance takes us in separate immune globulin and to recognize was elected in 1992, and re-elected in 1996, the wrong direction, as the Administration and that the infusion of immune globulins should 2000, and 2004. Jean loved the District, its Congress should be doing everything in their be classified as a biologic response modifier staff, her colleagues on the Board and those power to facilitate the scientific and medical for reimbursement purposes. who advocated on the District’s behalf. She community’s search for a cure to horrific dis- I intend to follow this matter carefully and was passionate about the parks and contrib- eases afflicting millions in America and glob- look forward to working with the Administration uted not only her great leadership experience, ally. Adam Susser’s story is a shining example and my colleagues on the Energy and Com- but a sharp wit and a wonderful smile for all of what can be achieved through the use of merce Committee to address these concerns. who had the good fortune to work with her. stem cell therapy, and I urge all my colleagues f To Jean’s two daughters, Lynn Siri Kimsey in Congress to join me in recognizing his cour- of Davis and Anne Siri of Philo, and their fami- age as well as his family’s refusal to give up TRIBUTE TO JEAN SIRI lies, I extend my heartfelt condolences. Their hope. loss is shared by all who came to know and f HON. GEORGE MILLER admire Jean. All Californians will benefit for OF CALIFORNIA generations to come from her work born of an STEVEN ROBERT SOLLEE IN THE HOUSE OF REPRESENTATIVES uncommon passion for people of all walks of Wednesday, February 1, 2006 life and our fragile environment. HON. TED POE f OF TEXAS Mr. GEORGE MILLER of California. Mr. IN THE HOUSE OF REPRESENTATIVES Speaker, it was with great sadness that I TRIBUTE TO ADAM SUSSER learned of the passing of Jean Siri last week. Wednesday, February 1, 2006 I knew Jean well, enjoyed our conversations, HON. ROBERT WEXLER Mr. POE. Mr. Speaker, today I want to con- and highly valued her opinions on local and OF FLORIDA gratulate Steven Robert Sollee on his recent national concerns. IN THE HOUSE OF REPRESENTATIVES offer of appointment to the United States Mili- Jean Siri was born Jean Brandenberg on tary Academy at West Point. Steven sought a March 11, 1920, in Lakot, North Dakota. She Wednesday, February 1, 2006 nomination to West Point through my office, grew up in a farming family her father was a Mr. WEXLER. Mr. Speaker, I would like to competing with a group of highly qualified ap- prominent veterinarian. She earned a bach- call to your attention and that of Congress and plicants. He passed the evaluation process,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00233 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 691 and I am proud to give him a Congressional Falkenstien broadcast his first basketball tire,’’ he said. ‘‘As far as I know, I’m in good nomination. game—an NCAA tournament game in Kansas shape. Of course, something could happen to- Steven is currently a senior at Kingwood City between KU and Oklahoma A&M—on morrow. You never know.’’ Falkenstien’s High School in Kingwood, Texas. He has March 18, 1946. His next broadcast was KU exit will mark the end of an era. ‘‘I can remember my father listening to dreamed of becoming an officer in the United versus TCU in football on September 21, Max on a battery-powered radio out on the States Army. Steven possesses many quali- 1946. He was play-by-play voice of the farm,’’ said Dr. Earl Merkel, a 73-year-old ties that will make him an excellent cadet at Jayhawks for 39 years and then switched to a KU Medical School alumnus from Russell. West Point and upon graduation, an excellent commentator’s role in September 1984 when ‘‘In Kansas, everybody identifies with him,’’ officer in the United States Army. He has al- Bob Davis assumed play-by-play duties. Merkel said. ‘‘They may not have met him, ways shown a dedication to public service as Falkenstien provided play-by-play for the Big but they know his voice. They feel like they an Eagle Scout and a member of the Order of Eight Conference basketball game of the week know him.’’ ‘‘Max is an institution,’’ said the Arrow, the Boy Scouts’ Honor Society. between 1968 and 1971, and for more than John Clarke, a 1979 KU graduate who lives in Hays. ‘‘He is synonymous with the Steven is a Christian with a deep faith in God three decades hosted football and basketball Jayhawks. When you hear him, you think of that he demonstrates with his service to his coaches’ TV programs, including those for KU.’’ church. He has a stellar academic background Don Fambrough, Pepper Rogers, Mike Falkenstien and his play-by-play partner, with 3.89 GPA and a class rank of 54 out of Gottfried, Ted Owens, Larry Brown and Roy Bob Davis, have a one-of-a-kind relationship. 980. He won the K-Award in Chemistry at Williams. ‘‘I don’t think we’ve ever argued or had a Kingwood High School, which recognizes the Mr. Speaker, I include with this statement a disagreement,’’ Falkenstien said. ‘‘We’ve had best student of the class. Steven has achieved recent article from the Lawrence Journal- a lot of laughs in 22 years,’’ Davis said. Both all these honors while participating in a de- World summarizing Max Falkenstien’s out- are native Kansans. Falkenstien grew up in standing career and I join with all KU fans in Lawrence, Davis in Hays. Neither is young. manding schedule of extracurricular activities, Davis is 61. including varsity tennis, the high school band, wishing him well in his long overdue, richly de- ‘‘When you stand the test of time like they the language club, the National Honor Society served retirement as ‘‘Voice of the Kansas have for 22 years, you must be doing some- and the National French Honor Society. Jayhawks.’’ thing right,’’ said Tom Hedrick, a veteran The interview by my Service Academy Nom- [From the Lawrence Journal-World, Jan. 7, broadcaster who competed with Falkenstien ination Board was the real clincher for Steven. 2006] from the late 1940s into the early 1960s. ‘‘It’ll Nothing can replace a personal encounter to TO THE MAX be difficult for anyone else to do what Bob establish credibility and character. His inter- (By Dave Ranney) and Max have done because people move around so much now,’’ said Hedrick, who’s viewers said that Steven was a first class can- A few seconds after he’d worked his way past security and into the Jayhawks’ dress- semiretired and lives in Lawrence. didate, well qualified and highly motivated to Falkenstien and Davis have stayed put. Both attend West Point. They were impressed by ing room, veteran broadcaster Max Falkenstien fielded a warm, friendly—but have other jobs. Davis is play-by-play an- his professed dream and knew Steven under- unexpected—greeting. ‘‘Hey, Max, how’re nouncer for the Kansas City Royals. stood the gravity of the commitment to the you doing?’’ It was Michael Lee, a popular Falkenstien was senior vice president of Academy. They recommended him for a nomi- reserve guard from last year’s basketball marketing for Douglas County Bank for 25 nation without hesitation. team who had recently signed with the Har- years. He remains an occasional consultant. I believe that Steven is a fine Texan who lem Globetrotters. Falkenstien smiled as ‘‘I’ve led a charmed life, I know,’’ Falkenstien said. will serve his country with distinction and I they shook hands. There wasn’t time to chat. A crowd of well-wishers had gathered around While a senior at Liberty Memorial High wish him good fortune in this new chapter of School (now Central Junior High School, 1400 his life. Lee and Kansas University had just trounced the Yale Bulldogs, 87–46, so Falkenstien Mass.) Falkenstien heard that local radio f needed to get ready for his postgame inter- station WREN had a job opening. He’d been told he had a good voice for radio, so he ap- TRIBUTE TO MAX FALKENSTIEN view with coach Bill Self. Quickly, Lee explained he was in town for plied. ‘‘Arden Booth, who a lot of people will a checkup for an irregular heartbeat. He remember, had been called into the service,’’ HON. DENNIS MOORE wanted Falkenstien to know because the Falkenstien said. ‘‘I got the job, but it had nothing to do with sportscasting. I was just OF KANSAS ‘‘Voice of the Jayhawks’’ cares. Despite their generational differences, Falkenstien, 81, a staff announcer.’’ IN THE HOUSE OF REPRESENTATIVES and Lee, 22, are friends. ‘‘Max is cool,’’ Lee Falkenstien graduated from LMHS in 1942, Wednesday, February 1, 2006 said afterward. ‘‘As soon as you get here peo- six months after the Japanese bombed Pearl Harbor. After a semester at KU, he enlisted Mr. MOORE of Kansas. Mr. Speaker, I rise ple start telling you, ‘That’s Max Falkenstien. He’s been here forever.’ So even in the Army Air Corps in hopes of becoming to pay tribute to Max Falkenstien, the ‘‘Voice before you meet him, you respect him. And a meteorologist. ‘‘I put in 35 months, but I of the Kansas Jayhawks’’, who will be retiring then when you meet him, he’s always nice. never went overseas,’’ he said. Falkenstien at the conclusion of the 2005–2006 men’s He always says hello. It’s like you can’t go returned to Lawrence. He’d been in town basketball season at the University of Kansas. wrong with him.’’ about a week when his former boss at WREN The conclusion of the current season will Lee isn’t alone. Falkenstien, it seems, has asked him to broadcast a basketball game in more friends than Kansas has sunflowers. Kansas City that pitted KU against Okla- mark Max Falkenstien’s 60th season of broad- homa A&M (now Oklahoma State Univer- casting Kansas University sporting events. At Some, like Wilt Chamberlain or coach Phog Allen, have been famous. Most are not. ‘‘I sity) in the NCAA district finals. age 81, he has been inducted into the was with Max at the (KU vs.) K-State foot- The fact he’d never done play-by-play Naismith Basketball Hall of Fame, the College ball game this year,’’ said Jim Marchiony, didn’t matter. Football Hall of Fame, the Kansas Sports Hall KU associate athletics director. ‘‘It took us ‘‘Back then, it wasn’t like it is now. People of Fame, and the KU Athletic Hall of Fame. 20 minutes to get from the parking lot to the didn’t expect to hear a game on the radio. He was the first inductee of the Lawrence press box because so many people stopped to They’d read about it in the newspaper,’’ he High School Hall of Honor. Additionally, he talk to him—and these were K-State fans! said. ‘‘What we were doing was new.’’ ‘‘Whenever you’re on the road with Max, it’s Falkenstien stayed at WREN until 1967, has been awarded an honorary ‘‘K’’ by the when he had a falling out with the station’s Kansas Lettermen’s Club. The Sporting News like you’re with the mayor of whatever city you’re in,’’ he said. ‘‘It’s amazing.’’ owner, former Kansas Gov. Alf Landon. The in 2001 named Falkenstien ‘‘the best college Late last summer, Falkenstien announced Big Eight Conference wanted him to be the radio personality in the country’’ and ESPN’s he would retire after the 2005–06 men’s bas- play-by-play announcer for its televised Dick Vitale included KU’s Bob Davis and ketball season. Sixty years behind a micro- ‘‘Game of the Week.’’ ‘‘Back then,’’ Falkenstien in his ‘‘Sweet 16’’ of the best an- phone, he said, was enough. ‘‘I’ll miss it ter- Falkenstien said, ‘‘there was only one game nouncer teams in the United States. ribly,’’ Falkenstien told the Journal-World. a week that was televised. So this was a big A true legend, Max Falkenstien has been ‘‘But I think this is a good place to stop. I deal for me.’’ But Landon refused to let his station man- synonymous with KU athletics for six decades. don’t want to overstay my welcome.’’ Though he underwent emergency intestinal ager, Falkenstien, appear on television. ‘‘I As KU basketball coach Bill Self recently said surgery Sept. 7, Falkenstien said he was in kept saying it would make me more in the Lawrence Journal-World, ‘‘Max has per- good health. sellable—that would be good for business,’’ formed at the highest level over an extended ‘‘My surgery was completely unexpected Falkenstien said. ‘‘But he just didn’t get the period of time like very few in his profession.’’ and had no relationship to my decision to re- concept.’’ Falkenstien jumped to WIBW–TV,

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00234 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 692 EXTENSIONS OF REMARKS February 1, 2006 where he continued to broadcast KU football TRIBUTE TO FRANCISCO (PACO) ed to see Puerto Rico become an integral part and basketball games. ROVIRA-CALIMANO of our powerful nation. In 1984, KU decided to put the broadcast Mr. Speaker, at 95 years of age, Paco con- rights to its basketball and football games ˜ tinues to work hard every day. He is currently up for bid. Before then, Falkenstien and HON. LUIS FORTUNO the President of the Campoamor Corporation, Hedrick broadcast the games for different OF PUERTO RICO stations. Learfield Communications, a com- IN THE HOUSE OF REPRESENTATIVES and the Santa Elena Development Company. This exceptional human being is married to pany based in Jefferson City, Mo., won the Wednesday, February 1, 2006 bid in 1985. It brought in Davis, who had been Elsa Sabater-Recio. They recently celebrated broadcasting Fort Hays State University Mr. FORTUN˜ O. Mr. Speaker, I rise today to their 65th wedding anniversary. He is the lov- games for 16 years. Falkenstien was offered pay tribute to an outstanding individual, Mr. ing father of 5, the doting grandfather of 14, the sidekick role. ‘‘I had a lot of misgivings Francisco Rovira-Calimano, whose life work beloved great-grandfather of 11, and father at first,’’ Falkenstien said. But Davis wel- serves as an example to us all. He is a hard- figure of many, many more. comed the chance to work with Falkenstien. working gentleman, an honest citizen, and a I ask my colleagues to join me in honoring ‘‘I know this sounds a little corny, but true humanitarian dedicated to the betterment Mr. Francisco Rovira-Calimano on his 95th when I was growing up my heroes were of humanity. Today, Mr. Rovira-Calimano cele- birthday and to thank him for sharing his won- sportscasters, and Max was one of the first brates his 95th birthday—and this is a cause ones out there,’’ Davis said. ‘‘He was a pio- derful life, his heart, his time, and his energy neer.’’ for great celebration. with his family, the people of Guayama, and Paco, as everyone knows him in his be- all Puerto Ricans. Mr. Speaker, he has set a Together, Davis and Falkenstien have mas- loved town of Guayama, Puerto Rico, was tered a low-key, fishing-buddy delivery high standard for all of us to follow. that’s unpretentious, never overbearing. born on February 1, 1911, to Amalia Calimano-Diaz and Jose Rovira-Tomas, his ‘‘Bob and I try to keep things in perspec- f tive,’’ Falkenstien said. ‘‘Games are sup- hard-working parents, an exemplary couple in posed to be fun. They’re not the end of the that lovely town by the Guamani River. As the RECOGNIZING THE SIGNIFICANT world.’’ He added: ‘‘It’s like Dr. (Phog) Allen eldest child, Paco soon learned the value of CONTRIBUTIONS OF TOAST- used to tell his players. He’d say, ‘Remem- sharing, supporting others, fairness, and hard MASTERS EN ESPAN˜ OL ber, guys, there are 300 million Chinese out work principles—values which he has sus- there who don’t even know who we are.’ ’’ tained throughout his long and fruitful life. He Falkenstien said he and Davis keep the game was an exceptional son, who for 20 years took HON. JON C. PORTER simple, their delivery conversational. ‘‘Too care of all his mother’s needs after his father OF NEVADA many color commentators are too analyt- ical,’’ Falkenstien said. ‘‘They lose the aver- passed away. He is a man of few words but IN THE HOUSE OF REPRESENTATIVES age fan.’’ strong actions and convictions. While growing up, he attended the Gua- Wednesday, February 1, 2006 Neither Davis nor Falkenstien pretend to be experts. ‘‘I remember one time, I had to yama public schools system during his ele- Mr. PORTER. Mr. Speaker, I rise today to ask Roy Williams what a ‘secondary break’ mentary school years, then St. Augustine recognize the founding of Toastmasters en was, so I’d look smart,’’ Falkenstien said, Academy in San Juan and completed high Espanõl, the first and only Spanish-language laughing. In the game programs, Falkenstien school at Peekskill Military Academy in New Toastmasters club in the State of Nevada. used to be listed as color analyst. ‘‘I had York State. He attended college at Louisiana Toastmasters International is a global orga- them drop the ‘analyst,’ ’’ he said. ‘‘I’m just State University and graduated from The New nization devoted to teaching communication ‘color.’ ’’ York State Institute of Agriculture in 1934. and leadership skills. It has more than The broadcasts are not as laid-back as they Since childhood, he had worked at the family 211,000 members, with 10,500 clubs in 90 appear. Davis scrambles to keep track of dairy farm ‘‘La Cuadra’’, doing extensive man- countries. Las Vegas is home to 50 of these fouls and points while Falkenstien plucks ual labor, and upon graduation he returned to statistics from a nearby monitor, lifts tid- clubs. With the mission statement, ‘‘to make work there. Later, he also acquired ‘‘La Tuna’’, bits from the day’s sports pages and pulls effective communication a worldwide reality,’’ a farm which he skillfully managed raising trivia from packets provided by the teams’ Toastmasters en Espanõl was founded by sugar cane, plantains, cattle and tending to his athletic departments—all while the game is Maite Salazar to improve the public-speaking beloved Paso Fino horses. going on, all without missing a beat. and leadership skills of the more than half-mil- Over the years, Paco was involved in many Contrary to popular opinion, their press- lion Spanish-speaking residents of the Las civic endeavors. He joined and became an ac- row seats across from the KU bench are not Vegas Valley, and to help Spanish-language the best in Allen Fieldhouse. They cannot tive member of the Farmers Association of learners improve their skills in a constructive, see the scoreboard without leaning back and Puerto Rico. Additionally, he was an active affirming environment. looking straight up. They are so cramped member of the Regulatory Board of the Milk they cannot stand or cross their legs. Many Producing Industry, of which he is still an hon- Toastmasters en Espanõl held its first meet- times, a referee blocks their view. During orary member. He has also been a member of ing on October 3, 2005, at the Cambridge the Yale game, Davis barked ‘‘there’s a turn- Community Center in central Las Vegas. The over’’ without mentioning who had stolen the Guayama Rotary Club for over 40 years and served as its president in 1957. He was initial meeting attracted dozens of participants. the ball from whom. That’s because he Within 3 weeks, the club had enough active couldn’t see the play; referee Steve Welmer a member and an active board member of the was standing in front of him, less than an ‘‘Asociacioń de Duenõs de Caballos de Paso members to be officially chartered by Toast- arm’s length away. Fino de Puerto Rico’’, (Paso Fino Horse masters International. After the game, Falkenstien is the first— Owner Association). For many years he col- Today, Toastmasters en Espanõl has 31 ac- and only—member of the media allowed to laborated with the ‘‘Asociacioń Agropecuaria’’ tive members who hail from nearly every meet with Self in the coaches’ dressing (Agriculture and Livestock Association) from country in the Spanish-speaking world, and room. Mayaguez, and was a board member for two from every walk of life. The club also includes When they finish, Self leaves for a meeting years. His main goal was to bring together many native-born Americans who understand with the press corps at-large. He uses a back people from all walks of life sharing a common the importance of being bilingual in an indoor. Falkenstien leaves through the front interest. creasingly interdependent world. door, where hopeful fans wait for autographs. Paco’s life spans through WWI, the Great Mr. Speaker, as the world becomes more He is an easy target. ‘‘Max! Max! Over here!’’ said Genie Gnagi, standing behind her 6- Depression, WWII, the Korean war, the Viet- globalized, communication becomes increas- year-old daughter, Michaela, with a minia- nam conflict, and the two gulf wars in Iraq. He ingly more important for peaceful cooperation. ture plastic basketball. ‘‘May we have your has seen 17 Presidents enter the White I applaud the efforts of Toastmasters en autograph, please?’’ House and even though he is an American cit- Espanõl in this regard and look forward to Without hesitation, a smiling Falkenstien izen residing in Puerto Rico, he unfortunately their continued involvement and dedication to complies. ‘‘He is a true KU legend,’’ Gnagi cannot vote for the President because of the improvement of their community and the said. ‘‘He will be missed.’’ where he lives. However, he has always want- entire State of Nevada.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00235 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 693 CELEBRATING THE LIFE OF edy exploited by President Bush to divide THE MEDICARE PRESCRIPTION CAROL SUNAKO CONNELLY Americans and place the financial burden of DRUG EMERGENCY GUARANTEE his ill-advised policies on working class Ameri- ACT HON. MICHAEL M. HONDA cans. OF CALIFORNIA President Bush and his Republican cronies HON. JOHN D. DINGELL OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES have used this tragedy to justify an unneces- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 1, 2006 sary war in Iraq and ensure that the wealthiest Wednesday, February 1, 2006 Mr. HONDA. Mr. Speaker, today I rise to Americans contribute nothing to pay for it by honor the life of Carol Sunako Connelly. Carol giving them billions of dollars in tax cuts. As Mr. DINGELL. Mr. Speaker, after the first was born on August 22, 1936 in Salinas, CA. the wealthiest Republican party donors—like month of implementation of the Medicare pri- She graduated from Stanford University Halliburton—make billions from this failed war, vate drug plan, it is clear that a number of measures are needed to ensure that seniors School of Nursing in 1959 and worked briefly the Republican budget sticks America’s work- and Americans with disabilities who need pre- for the county of Alameda as a public health ing families with the tab. nurse. scription drugs do not leave the pharmacy Carol served 33 years in the Franklin This Republican budget cuts health care, empty-handed or overcharged. McKinley School District in San Jose, CA as child care, student loans, foster care pay- Representatives BROWN of Ohio, RANGEL, ‘‘school nurse extraordinaire’’, working at nu- ments, job training and aid to the elderly and STARK, WAXMAN, SPRATT, and I are introducing merous schools in the district, including Fair, people with disabilities in exchange for the legislation today to make sure seniors are Kennedy, Los Arboles and Meadows. Iraq war and tax cuts for the wealthiest Ameri- guaranteed the prescription drug relief they were promised in 2003 and deserve today. Carol was dedicated to her professions of cans. nursing and teaching. She inspired many lives, This bill would do the following: Not even the extreme poverty displayed on both young and old throughout her years of Ensure beneficiaries get at least 60 days of service. Teachers depended on her extensive televisions across this country of Hurricane needed medicines, whether or not the phar- knowledge to help with everything from human Katrina’s victims has been able to stir compas- macist can verify the plan they are in or anatomy to head lice. sion into the cold hearts of the President and whether or not the drug they need is covered She led many fascinating and unforgettable his Republican cronies in Congress. This bill by their plan. Eliminate red tape for pharmacists by allow- lessons in ‘‘grossology’’: countless hours cut- forces states to stop providing job training and ing the pharmacy to bill Medicare directly. ting up eyeballs with third graders, lungs with vocational education programs for the poor Medicare would then collect the payments fifth graders, and hearts with sixth graders. In and force millions of them into low-waged, from the drug plans. addition to these grade level standards, she dead end jobs with no health insurance or Ensure beneficiaries can navigate the com- also conducted numerous dissections and the child care. In addition, many poor families will plex system, by providing a standard notice cooking of squid in the primary grades. There have to pay copays and deductibles for their and appeals process and information on how are not many school nurses who have either health insurance on their incomes of less than to locate a more suitable plan when a per- the time or the passion to work with children $19,000 a year for a family of four. Instead of son’s drug is not covered by the plan. in the classrooms. Protect beneficiaries from losing coverage of Carol retired in 2003 at the age of 67. giving the poor a hand up, this bill puts a boot in their face to push them down. needed medicines during the year they are Though very busy in retirement, she continued enrolled by not allowing plans to change what to volunteer her time to Franklin McKinley In true fashion, the Republican budget does drugs they will pay for during that year. School District. take care of their rich lobbyist friends. For in- Finally, for all those who actually paid more Carol lived in Santa Cruz for the past 15 stance the Republicans decided to remove a than they should have for their medications, years and was an active member of TOPS— provision that would have stopped taxpayers this bill requires Medicare to reimburse them, Take Off Pounds Sensibly, Mah Jongg Players from overpaying HMOs participating in Medi- as well as any others who have stepped in to of Santa Cruz, Santa Cruz Senior Center, and care by $22 billion. Had that provision repay the costs for seniors and those with dis- the Pleasure Point Community Church. abilities when they were denied or over- Carol died on August 28, 2005. She is sur- mained in, cuts to programs that help people—not corporations—could have been re- charged for their medicines. Medicare should vived by her three daughters, Adrienne Keane be cutting through the red tape, not the bene- duced by that level. of Santa Cruz, Heather Haan of San Jose, ficiaries or their pharmacist. and Jennifer Haan of Los Angeles, and four Similar protections were given to the private Democrats have also introduced legislation grandchildren, Quinn and Malia Keane and lenders that provide student loans. The Chron- that focuses on the major structural problems Roland and Ava Kemmerer. She is also sur- icle of Higher Education reported that chair- built into the program designed by the Repub- vived by her sister, Joyce Kawahara, and her man of the House Education and Workforce licans and their industry friends. But today we brothers, Lloyd and Milton Yoshioka, all from Committee, Representative JOHN BOEHNER, introduce this bill to alleviate some of the Petaluma. Carol Connelly will be sorely short-term and transition problems that have missed. To the thousands of students and met with these private lenders in December, who contribute handsomely to his campaigns, arisen with the current ill-conceived Medicare teachers who crossed paths with Carol, she prescription drug benefit. will never be forgotten. and said: ‘‘Relax. Stay calm. At the end of the This Administration has failed in providing f day, I believe you’ll be at least satisfied, or seniors and people with disabilities with a even perhaps happy. Know that I have all of STARK OPPOSES UNJUST smooth transition to prescription drug cov- you in my two trusted hands.’’ REPUBLICAN BUDGET erage. Let us not fail them again by ignoring This budget clearly demonstrates that the the immediate problems. HON. FORTNEY PETE STARK Republican Party’s corruption and cronyism f OF CALIFORNIA causes real harm to average Americans. The PAYING TRIBUTE TO CHIEF EARL IN THE HOUSE OF REPRESENTATIVES next time a parent or former student has to A. GREENE, JR. OF THE CLARK pay extra for their student loan, or a senior cit- COUNTY NEVADA FIRE DEPART- Wednesday, February 1, 2006 izen is forced to pay more for their health MENT Mr. STARK. Mr. Speaker, I rise in opposi- care, they should thank the Republican Party. tion to this unjust Republican budget that cuts You can be sure that the health insurance in- HON. JON C. PORTER funding for working class programs and does dustry and private student lenders will be do- OF NEVADA nothing to improve the U.S. deficit. nating millions more to Republican campaigns IN THE HOUSE OF REPRESENTATIVES ‘‘Remember Pearl Harbor’’ was a rallying cry to unite Americans in shared sacrifice to to show their thanks. Wednesday, February 1, 2006 respond to a military attack on our Nation. In I urge my colleagues to vote against this Mr. PORTER. Mr. Speaker, I rise today to contrast, 9/11 will be remembered as a trag- corrupt and unjust bill. honor Earl A. Greene, Jr., Chief, Clark County

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00236 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 694 EXTENSIONS OF REMARKS February 1, 2006 Nevada Fire Department. Chief Greene is re- ticular resonance to Kathleen, whose mother What did they do wrong? tiring from the fire department after 33 years had been interned during the war. Kathleen’s They were each wearing T-shirts that the of dedicated service. He has been involved in personal experiences and dedication to under- Capitol Police determined were ‘‘protests’’. Ms. all areas of fire services, including: Suppres- standing issues in-depth gave perspective to Sheehan’s shirt read: ‘‘2245 Dead. How many sion, Prevention, Hazardous Materials, Logis- her work as a community activist, a lawyer more?’’ Mrs. Young’s shirt read: ‘‘Support the tics, Volunteer Fire, and Administration. and a judge. Troops—Fighting for Freedom.’’ Chief Greene received a Bachelor of Arts Kathleen held a private law practice, and Nothing in the House Rules prohibits the degree in Political Science with an emphasis later, served as Deputy Public Defender for wearing of T-shirts or has limitations on what on pre-law from Southwestern State College in Santa Clara County. From 1986–1994, she those shirts can have written on them. Weatherford, OK. He is married to the former worked for Santa Cruz County as Assistant Both individuals insist they were not pro- Susan Enoch and has two grown children, County Counsel. In 1991, Kathleen’s husband, testing, but simply wearing shirts that deliv- Earl III and Camile. James Akao, passed away at the young age ered important messages for them. What happened to them can only be de- Among the highlights of Chief Green’s ca- of 46—a great loss for both Kathleen and their scribed as Gestapo behavior. Each woman reer are his involvement in the implementation son, Kristoffer. was forced to leave the House Gallery and of the retrofit of building and fire codes that In 1994, Kathleen Akao became the first Ms. Sheehan was then arrested and charged were passed as a result of the MGM Grand Asian American attorney in California to suc- with unlawful conduct. and Las Vegas Hilton Hotel fires. Chief cessfully challenge and unseat an incumbent It is my understanding that because Presi- Greene was also instrumental in the establish- Superior Court judge. Her victory highlighted dent Bush was in the Chamber, control of the ment of the Police and Fire Executives of her commitment to the public justice system Chamber was ceded to him—or the Secret Southern Nevada, an organization that brings and represented a landmark accomplishment Service to be exact. together all sheriffs and police and fire chiefs in the Asian American community. Therefore, none of us should be surprised on a regular basis to discuss and deal with However, Kathleen’s greatest achievement by what happened. Whenever and wherever issues common to public safety agencies. was the indelible mark she left on the commu- President Bush speaks, he has the Secret Under Chief Green’s direction, the Clark nity for her outstanding work with juveniles Service sanitize and sterilize the audience. County Fire Department became the first and families. She took a keen and genuine in- There are countless reports of people with T- county-level department to achieve Insurance terest in providing the best options for juve- shirts stating views that differ from the Presi- Services Office (ISO) Level 1 status, and in niles and families who found themselves in dent being removed from his supposedly pub- 2003, the department was awarded accredited her courtroom. In 1999, Kathleen established lic appearances. agency status by the Commission on Fire Ac- a county Drug Court, which coupled penalties What happened last night to Ms. Sheehan creditation International. In August, 2003, with treatment programs, proving her commit- and Mrs. Young was un-American and un- Chief Greene was awarded the prestigious ment to the rehabilitation process. She be- democratic. That’s why I am introducing a res- Chief Fire Officer Designation by the Commis- lieved in fair decisions for all and devoted her olution calling on the Office of the Sergeant at sion on Fire Accreditation International, an time to Teen Peer Court, a system under Arms to report to Congress within 30 days honor bestowed upon only 319 individuals na- which juveniles may have their sanctions de- making clear under what authority these two tionwide who have demonstrated personal and cided by their peers. individuals were prosecuted and making rec- professional excellence within the fire service. Kathleen died on November 27th, 2005— ommendations to Congress so we can assure Mr. Speaker, Chief Greene is a dedicated her untimely passing was due to heart failure that nothing like this ever happens again. I officer who has worked diligently for Clark following a biopsy procedure. She will always urge my colleagues to join me in support of County, NV. I ask my fellow colleagues to be known for her integrity and fairness both in this important resolution. stand with me today and honor all fire fighters and outside of her courtroom. She was com- How can we allow the President to proclaim across the country, like Chief Greene, who passionate and generous, and had an uplifting he is fighting for freedom abroad when he have dedicated many years in protecting the sense of humor. Colleagues said she treated continually tramples our freedoms here at residents of their community and State. everyone with dignity and respect, approached home? f problems pragmatically, and always sought to This is supposed to be the people’s house. improve and expand the ways in which she Therefore, the President should not be able to CELEBRATING THE LIFE OF THE served the public. Through her innovative and override our governance and make us part of HONORABLE KATHLEEN AKAO selfless work with her community and her tire- his Gestapo regime. less efforts to rule her courtroom fairly, Kath- f HON. MICHAEL M. HONDA leen shaped and improved the lives of those MEDICARE FOR ALL ACT OF CALIFORNIA around her. IN THE HOUSE OF REPRESENTATIVES Judge Akao is survived by her son, Kristoffer, her father, Tokio Katayama, her HON. JOHN D. DINGELL Wednesday, February 1, 2006 OF MICHIGAN three brothers, Danny, Robert, and David, and IN THE HOUSE OF REPRESENTATIVES Mr. HONDA. Mr. Speaker, today I rise along a legacy of service, integrity and compassion with Congressman SAM FARR to pay tribute to for our community to share and uphold. We Wednesday, February 1, 2006 the Honorable Kathleen Akao, her invaluable will all miss her. Mr. DINGELL. Mr. Speaker, the story of our contributions to Santa Clara County and her f Nation’s healthcare system is one of great longstanding dedication to upholding the integ- success but also one of great failure and rity of our justice system. INTRODUCTION OF RESOLUTION missed opportunity. We have some of the fin- Kathleen Akao was born in Long Beach on PROTECTING THE CIVIL LIB- est medical institutions in the world: the best September 28, 1948 to Tokio and Lillian ERTIES OF HOUSE GALLERY trained medical professionals, cutting-edge Katayama. She graduated from San Jose VISITORS technology, and state-of-the-art facilities. State University in 1971 with a Bachelors De- We also have, however, major gaps in our gree in English and received her law degree HON. FORTNEY PETE STARK healthcare system. At last count nearly 46 mil- from Santa Clara University in 1981. OF CALIFORNIA lion Americans were uninsured. Close to six In Santa Clara, Kathleen served as Presi- IN THE HOUSE OF REPRESENTATIVES million Americans lost their insurance between dent of the Asian Law Students Association 2000 and 2004. More than 18,000 Americans Wednesday, February 1, 2006 and later as Staff Attorney with San Jose’s die prematurely each year because they lack Asian Law Alliance, where she worked with Mr. STARK. Mr. Speaker, last night, at health insurance coverage. Despite the out- many recent immigrants to the Bay Area. President Bush’s State of the Union address, standing job by hospitals, community health Kathleen was admitted to the California Bar in two visitors were forced from the House centers, and others, our safety net is becom- 1982 and immediately joined the State Bar’s Chamber. Cindy Sheehan and Rep. Bill ing threadbare. Federal spending on the Subcommittee on Redress, working to seek Young’s wife, Beverly. Cindy Sheehan was ar- healthcare safety net declined 8.9 percent be- recognition and restitution for Americans in- rested for unlawful conduct, Mrs. Young was tween 2001 and 2004, while the need con- terned during World War II, an issue of par- not. tinues to grow even larger.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00237 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 695 The time is ripe for action. Today several of foreign counterintelligence and white-collar July 4, 1776 within the cornerstone of the new my Democratic colleagues and I are intro- crime matters. In the New Orleans Field Of- church. The first service in this new building ducing a bill to bring the tried, true, and trust- fice, she supervised the White-Collar Crime was the funeral for Mahlon Dickerson, a distin- ed Medicare program to all. This bill will for Squad. Later, she became Unit Chief in the guished native son, who had been judge, gen- the first time make Medicare available to those Criminal Investigative Division at FBIHQ. eral, Governor of New Jersey, Member of under age 65. Americans will also have the Other managerial positions Mrs. Knowlton held Congress, and Secretary of the Navy in the option of selecting any of the plans offered to were Assistant Special Agent in Charge, FCI cabinet of President Jackson. He was respon- members of Congress, the President, and ASAC, and Criminal Special Agent in Charge sible for bringing President Martin Van Buren Federal employees. of the Washington Field Office, Inspector, and to worship there. According to the Institute of Medicine, cov- Deputy Assistant Director of the National Se- The building, now known as the Chapel, ering all Americans will actually save the curity Division, Counterintelligence Operations was erected in the memory of Eliza Platt Stod- country $380 billion a year. That is partly be- Support. dard, a step-daughter to then Reverend Dr. cause we are already paying for the health In May of 2002 Agent Ellen Knowlton Elijah W. Stoddard. In 1957, a committee care of the uninsured through emergency moved with her family to Las Vegas in order planned fundraising for a new pipe organ and room services. By providing people the ability to begin her job as Special Agent in Charge a major expansion project for what is now to obtain comprehensive healthcare coverage, of the FBI’s Las Vegas office. During her ten- known as Fellowship Hall. they will be able to receive better prevention ure, Agent Knowlton has earned the respect of Mr. Speaker, I urge you and my colleagues services and earlier treatments, lowering the her colleagues and community leaders. to join me in congratulating the First Pres- cost of their care. All Americans will reap the Mr. Speaker, we have been fortunate to byterian Church of Succasunna on the cele- economic benefits of a healthier Nation. have Ellen Knowlton in Las Vegas, Nevada, bration of its 250 years serving Morris County. And this plan will save not only lives, but and the state has benefited from her knowl- f also American industries and jobs. We cur- edge and skill as an FBI agent. It is with great rently have an unlevel economic playing field. pleasure that I recognize Agent Knowlton PERSONAL EXPLANATION American companies are competing in the today, and I ask my colleagues to join with me international marketplace against companies in honoring all FBI agents, like Agent Ellen HON. JO ANN DAVIS that do not directly bear the costs of providing Knowlton, who have dedicated years of their OF VIRGINIA their employees and retirees health care. lives to protecting the residents of our commu- IN THE HOUSE OF REPRESENTATIVES American companies are doing the right thing, nities. Wednesday, February 1, 2006 but being penalized for it. f I am pleased to introduce this ‘‘Medicare for Mrs. JO ANN DAVIS of Virginia. Mr. Speak- All’’ bill today as a companion bill to the legis- TRIBUTE TO FIRST PRES- er, I was granted a leave of absence for De- lation Senator KENNEDY introduced yesterday. BYTERIAN CHURCH OF cember 19, 2005. Had I been present, I would I urge my colleagues to support this bill, and SUCCASUNNA have voted the following: I urge the Republican leadership to let us ad- Rollcall 665, H.R. 2520, the Stem Cell dress the healthcare crisis faced by millions of HON. RODNEY P. FRELINGHUYSEN Therapeutic and Research Act—‘‘yea.’’ Americans. OF NEW JERSEY Rollcall 666, waiving points of order against f IN THE HOUSE OF REPRESENTATIVES the conference report on H.R. 2863, Depart- ment of Defense Appropriations for FY06— PAYING TRIBUTE TO ELLEN Wednesday, February 1, 2006 ‘‘yea.’’ KNOWLTON; SPECIAL AGENT IN Mr. FRELINGHUYSEN. Mr. Speaker, I rise Rollcall 667, H. Con. Res. 284, expressing CHARGE OF THE FBI LAS VEGAS today to honor the First Presbyterian Church the sense of Congress with respect to the OFFICE of Succasunna in the Township of Roxbury, 2005 presidential and parliamentary elections Morris County, New Jersey, a vibrant commu- in Israel—‘‘yea.’’ HON. JON C. PORTER nity I am proud to represent. On April 29, Rollcall 668, motion to recommit Conference OF NEVADA 2006, the good citizens of Succasunna will Report to H.R. 2863, Defense Appropriations IN THE HOUSE OF REPRESENTATIVES celebrate the First Presbyterian Church’s for FY06—‘‘nay.’’ Wednesday, February 1, 2006 250th anniversary. Rollcall 669, H.R. 2863, on agreeing to the Mr. PORTER. Mr. Speaker, I rise today to The congregation first organized in 1756. In Department of Defense Appropriations Con- honor the contributions of Ellen Knowlton, who 1760, their first building was erected and ference Report for FY06—‘‘yea.’’ retires from the Federal Bureau of Investiga- measured approximately 36 by 40 feet in size, Rollcall 670, S. 1932, on agreeing to the tions on February 3, 2006, after 24 years of had plain seats, an unfinished floor and no Conference Report to the Budget Reconcili- dedicated service. ceiling. In fact, it wasn’t until 1768 that the ation bill for FY06—‘‘yea.’’ Special Agent in Charge Ellen Knowlton, is congregation was strong enough to extend a Rollcall 671, H. Con. Res. 275, expressing a graduate of California State University, Sac- call for a full-time pastor, Reverend William the sense of Congress regarding the edu- ramento, where she received a bachelors of Woodhull, whom they shared with a congrega- cation curriculum in the Kingdom of Saudi Ara- science in business administration. She also tion in Chester, New Jersey for a salary of bia—‘‘yea.’’ obtained a master’s degree in business ad- £400. The church building was used during f ministration from Saint Mary’s College, the Revolutionary War for barracks, for a hos- Moraga, California. Prior to joining the Federal pital, and to keep material dry. It is rumored PETER R. STROHM JOINS Bureau of Investigation, she worked in the In- that George Washington visited hospitalized MANTOLOKING BOROUGH COUNCIL surance Industry as a Claims Supervisor. troops there. When the new Centennial Bell Agent Knowlton has served in many offices for Independence Hall in Philadelphia was HON. FRANK PALLONE, JR. and many positions throughout her years as being cast, the church contributed one of the OF NEW JERSEY an FBI agent. She has traveled the world on cannons being stored there for bell metal. IN THE HOUSE OF REPRESENTATIVES assignment and lived in many cities and coun- On May 3, 1817, the church incorporated a Wednesday, February 1, 2006 tries as demanded by her job. Mrs. Knowlton’s Board of Trustees as ‘‘The Trustees of the first assignment was to the FBI’s Sacramento First Presbyterian Church of Suckasunny Mr. PALLONE. Mr. Speaker, on Monday, Field Office, where she was responsible for in- Plains.’’ January 2, Peter R. Strohm was sworn in as vestigating bank robbery, fugitive, and kidnap- In 1853, the congregation tore down the a new member of the Mantoloking Borough ping matters. She was later transferred to the original building and raised a new one in the Council. Joining him in taking the oath of of- Oklahoma City Field Office, where she was re- fall of the same year. Amongst other relics, fice for a three-year term was incumbent John sponsible for investigating white-collar crime they placed a brief history of the church, a list H. Jones. matters. of the officers and members at that time, cer- As the only Democrat on the seven member When assigned to the San Francisco Field tain newspapers, and a bullet found in remov- council, Mr. Strohm will be bringing a bipar- Office, she was responsible for investigating ing the old building bearing the date in etching tisan spirit, years of legal experience and a

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00238 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 696 EXTENSIONS OF REMARKS February 1, 2006 desire to work long hours on behalf of the ap- Volunteer Award, ‘‘Making a Difference on TRIBUTE TO MATTHEW MYRICK, proximately 500 residents of Mantoloking, NJ, Public Lands,’’ and later in 2004 they received TEXAS STATE TROOPER a beautiful, historic seashore community. ‘‘The Presidents Call to Service Award,’’ for He is a principal in the law firm of Rothstein, their volunteer contributions. HON. RANDY NEUGEBAUER Mandell, Strohm, Must & Gertner in Lake- Mr. Speaker, I am grateful for the oppor- OF TEXAS wood, NJ, in which he has practiced for 35 tunity to honor this couple and their contribu- IN THE HOUSE OF REPRESENTATIVES years. He serves and chairs a number of com- tions to the protection of the environment of mittees of the Ocean County Bar Association Wednesday, February 1, 2006 the state of Nevada. and of the New Jersey Supreme Court, includ- Mr. NEUGEBAUER. Mr. Speaker, last ing probate, chancery, and judicial appoint- month, Texas lost a law-enforcement officer in f ments. In 2000, he received the Profes- the line of duty. Trooper Matthew DeWayne sionalism Award from the New Jersey State IN MEMORIAL OF GEORGE Myrick lived in Hereford, TX, and served as a Bar Association. WORTHINGTON WILLIAMS State trooper for 2 years. He died in an auto- He served in the past as an adjunct pro- mobile accident while responding to another fessor of law at Georgian Court University in accident south of Hereford. Lakewood, NJ, and from 1968 to 1996, in the HON. BOB ETHERIDGE While I didn’t have the honor to know U.S. Army Reserve, from which he retired as Trooper Myrick personally, I did have the op- a Lieutenant Colonel. OF NORTH CAROLINA portunity to pay my respects at his memorial Mr. Strohm received degrees from Wash- IN THE HOUSE OF REPRESENTATIVES service. There I learned about a remarkable ington & Lee, Columbia University School of man who loved God, his family and his coun- Law, New York University School of Law, and Wednesday, February 1, 2006 try. the United States Command and General Staff Trooper Myrick served his country as a College of Fort Leavenworth, Kansas. Mr. ETHERIDGE. Mr. Speaker, I rise to member of the U.S. Navy. He then earned I congratulate Mr. Strohm and Mr. Jones as honor the life of my dear friend, George Wor- both his undergraduate degree and a masters they begin their terms in office. Although thington ‘‘Jo Jo’’ Williams of Dunn, NC, who degree in Agronomy from Texas Tech Univer- Mantoloking is a small community, it is busy died December 8, 2005. In his passing, North sity. He was a devoted husband of Christy tackling large problems, such a beach erosion, Carolinians and veterans everywhere have and loving father of four children, Matilyn, bridge construction and protection of the frag- lost a tireless voice and an outstanding civic Tate, Luke and Embry. A family man, he was ile seashore environment. I look forward to leader. well known for his strong faith in God. His love working with them and their county, state and Jo Jo Williams led a rich and full life, high- for God was the center of his life and affected federal representatives on these critical lighted by his boundless energy and patriot- every part of his life. issues. ism. Mr. Williams was a veteran of World War Trooper Myrick leaves behind a great legacy f II, serving in the Army Air Corps in the South of faith, love for his family and public service. Pacific theater of operations. Following the He will be greatly missed by all who knew and PAYING TRIBUTE TO CHARLES loved him and by those West Texans he AND PATRICIA WILLIAMS FOR war, Jo Jo’s dedication to those who serve our country led him to become a passionate advo- served through his work with the Texas State THEIR VOLUNTEER EFFORTS TO Patrol. His family and community can be PRESERVE RED ROCK CANYON cate for America’s veterans. As a U.S. Army veteran myself, I truly appreciate his life-long proud of his life of love and service. He is an example to us all of a life well-lived. HON. JON C. PORTER work on behalf of veterans. He maintained membership in numerous organizations includ- f OF NEVADA ing the American Legion, the Military Order of THE FEDERAL MINE SAFETY AND IN THE HOUSE OF REPRESENTATIVES the Purple Heart, Disabled American Vet- HEALTH ACT OF 2006 Wednesday, February 1, 2006 erans, AM Vets, the World War II Commis- Mr. PORTER. Mr. Speaker, I rise today to sion, and 20th Air Force Association. Jo Jo HON. SHELLEY MOORE CAPITO was also a life board member of Veterans of honor Charles and Patricia Williams, retirees OF WEST VIRGINIA Foreign Wars National Home for Children and from the Las Vegas community, who have IN THE HOUSE OF REPRESENTATIVES given countless hours of service in helping was chosen by the American Legion of North preserve the Red Rock Canyon National Con- Carolina to attend the dedication of the World Wednesday, February 1, 2006 servation Area. War II Memorial here in Washington, DC. Mrs. CAPITO. Mr. Speaker, in the month of Chuck and Pat moved to Las Vegas in 1995 However, Mr. Williams’s service and con- January, two major mining accidents took and started their love affair with the canyon. tributions were not limited to the arena of vet- place in West Virginia, killing 12 miners at the They enjoyed hiking there every weekend and, erans. Jo Jo also found time to be active in Sago mine in Upshur County and 2 at the after Chuck’s retirement in 1999, they decided countless other community endeavors. He Alma mine in Logan County. Today the West it was time to repay Red Rock Canyon for the served as a chairman and member of the Virginia congressional delegation on a bipar- enjoyment that they had received. They began Harnett County Nursing Home Commission, tisan basis, introduced the Federal Mine Safe- regularly volunteering their time and have as a member and former chair of the State ty and Health Act of 2006. This mine safety since contributed over 13,000 hours of service legislation will require the Mine Safety and Employees Credit Union, and as a trustee for dedicated to area preservation, improvement, Health Administration to issue regulations to the Harnett County Library Commission. Fol- and restoration. provide for immediate notification of mine acci- lowing his retirement from the N.C. State Sur- Both Chuck and Pat are active in the volun- dents, new regulations for mine safety teams plus Division in Raleigh, he served as Harnett teer organization Friends of Red Rock Can- to ensure a quick response, and improved County magistrate. He also served on the yon, a group of volunteers dedicated to pre- technology to keep miners safe. Dunn Planning Board and as a member of the serving the canyon. They perform a wide Specifically, the bill requires that mine res- Harnett County Jury Commission. Additionally, range of tasks including removing graffiti and cue teams employed by the mine operator and Mr. Williams was an active member of First trash, maintaining the authorized trail system, familiar with an individual mine be available to Baptist Church where he acted as clerk for 25 and rebuilding and repairing miles of trails. respond immediately. Regulations require that Chuck was president of the group from 2000 years and a popular Sunday school teacher three mine safety teams be present—two in a to 2002 and continues to participate in cultural and church deacon. mine and one standing by outside—prior to a site documentation and monitoring, trail reha- Though the death of a friend brings great rescue operation beginning. It is important that bilitation and work event coordination; Pat has sadness, it is a privilege for me to take a mo- the necessary rescue teams be in place as been the membership coordinator since 2000 ment to honor a man who spent so much of soon as possible so that the rescue can begin and was elected president in 2004. his life honoring others. Let Jo Jo Williams’s as soon as mine conditions allow. In 2002, Chuck and Pat were recipients of life serve as a testament to caring, sacrifice This legislation creates an MSHA Office of the Bureau of Land Managements National and service. Science and Technology, and requires MSHA

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00239 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 697 to examine new mine safety and rescue tech- IN RECOGNITION OF THE HISPANIC Sconyers Bar-B-Que was founded 50 years nologies, including refuge chambers. The CHAMBER OF COMMERCE OF ago in 1956, when Claude and Adeline world watched as tragedy was averted in Can- WISCONSIN AND MARIA Sconyers could no longer make a living at ada this past weekend because 72 trapped MONREAL-CAMERON farming and decided to give their hobby a try. miners were able to escape to a designated With all their children but one grown and no safe haven with a supply of oxygen and com- HON. MARK GREEN one to help them on the farm, they opened munications technology. OF WISCONSIN Sconyers Bar-B-Que on Peach Orchard Road, The Federal Mine Safety Act would require IN THE HOUSE OF REPRESENTATIVES just about a mile from the Tobacco Road of that emergency supplies of oxygen and Wednesday, February 1, 2006 Erskine Caldwell fame. The small restaurant breathing equipment be placed in strategic lo- was an instant hit, with classically prepared cations in the mine. Each of these locations Mr. GREEN of Wisconsin. Mr. Speaker, it is southern barbecue. would also include communications equipment my honor and pleasure to recognize before Larry Sconyers, Claude and Adeline’s so that miners can provide information about this House the Hispanic Chamber of Com- youngest son, took over the business after the their location and condition to rescuers, and merce of Wisconsin (HCCW), and its Presi- death of his father. Under Larry’s direction, the dent and CEO Maria Monreal-Cameron. miners can receive information from the out- hobby grew into a major business in the Au- For over 30 years, HCCW has been helping gusta area, with a move to a larger and more side. The legislation also calls for miners to be hard-working Hispanics throughout Wisconsin, provided with emergency tracking devices. upscale location. share in a fundamental slice of the American But Larry wanted to take the traditional Other provisions of the legislation, including dream—running a business. A nonprofit orga- a miner ombudsman in the Department of southern barbecue to a higher level—catering. nization founded in 1972, HCCW serves as an Over the years Sconyers’ Bar-B-Que has Labor to take reports of safety violations from incubator for Latino-run businesses across the miners, will also help to make our mines safer. been served on the White House lawn for state—focusing primarily, however, on the Mil- President Jimmy Carter and members of Con- It is important that this House act on legisla- waukee metropolitan area. The organization tion to improve the safety of our coal mines. gress, in Atlanta at the Georgia Capital as well helps create greater opportunities for Hispanic as at many local and state events, including I spent time with the friends and families of entrepreneurs by offering some of the edu- the Sago mine victims, both as we awaited my own fundraising barbecues. cational and technical resources necessary to Larry’s close ties with political events almost news on the rescue effort and after we knew start a business, while promoting greater in- the tragic result. I do not want to watch more cost us this wonderful asset. volvement in the Hispanic community. He was enticed to run for office himself, first families endure what the families of the Sago At the helm of this fantastic organization has serving as a Richmond County Commissioner victims went through. been Maria Monreal-Cameron. For the past 16 from 1991–95, then as the first Mayor of a I urge my colleagues, whether your State is years, Maria has served as President and consolidated Augusta-Richmond County— a major producer of coal or not, and regard- CEO of HCCW, helping the Hispanic Cham- Georgia’s second largest city—until he retired less of your party affiliation, to join the West ber’s membership swell to over 600 members. from direct politics in 1998 to return to the bar- Virginia delegation in helping to prevent future On top of that, under her leadership the orga- becue business. mining tragedies. nization has provided nearly $350,000 in All this isn’t just me talking. Sconyer’s Bar- scholarships to college-bound high school stu- becue has been featured in People’s Maga- f dents in Wisconsin. Maria has left an indelible zine as one of the top ten Bar-B-Que res- mark on HCCW, and Wisconsin’s Latino com- PAYING TRIBUTE TO EDNA HAR- taurants in the United States. munity. RIS FOR TWENTY-FIVE YEARS Mr. Speaker, on behalf of the people of the Mr. Speaker, few have done more for Wis- 9th District of Georgia, I commend Larry OF SERVICE TO THE LAS VEGAS consin’s Hispanic citizens than the Hispanic Sconyers, the Sconyers family, and the entire MUNICIPAL COURT Chamber of Commerce of Wisconsin and staff, past and present, of Sconyers Barbecue Maria Monreal-Cameron, and that is why I for a half-century of service and traditional HON. JON C. PORTER consider it such a wonderful privilege to honor southern hospitality to the people of East Cen- OF NEVADA them today. I commend them for their work, tral Georgia, the South, and the nation. IN THE HOUSE OF REPRESENTATIVES and wish them continued success in 2006. f Wednesday, February 1, 2006 f A TRIBUTE TO SCONYERS BAR- TEXAS LONGHORNS—NATIONAL Mr. PORTER. Mr. Speaker, I rise today to CHAMPIONS honor Edna Harris who died Sunday, January BECUE RESTAURANT OF AU- 29, 2006 after battling cancer. GUSTA, GEORGIA FOR 50 YEARS Edna recently retired from the City of Las OF SOUTHERN HOSPITALITY AND HON. TED POE OF TEXAS Vegas in January 2005, after serving 25 years SERVICE IN THE HOUSE OF REPRESENTATIVES in the Alternative Sentencing & Education Divi- sion of Las Vegas Municipal Court, as the Su- HON. CHARLIE NORWOOD Wednesday, February 1, 2006 pervisor of Misdemeanor Programs. In the OF GEORGIA Mr. POE. Mr. Speaker, I was personally on workplace, she was known for her fight to re- IN THE HOUSE OF REPRESENTATIVES hand January 4, 2006 to see one of the great- duce the incidence of domestic violence. She Wednesday, February 1, 2006 est college football games ever played: Texas was appointed to serve on the State of Ne- Mr. NORWOOD. Mr. Speaker, today I would vs. USC in the granddaddy of them all, the vada Committee on Domestic Violence, on like to mark a milestone in Southern politics Rose Bowl. Today I rise to congratulate the which she served since its inception. She also and culture by recognizing the 50th Anniver- victors, College Football’s National Champion, chaired the Municipal Court’s annual Domestic sary of a culinary and political tradition in my the University of Texas Longhorns. Violence Conference. district—Sconyers Barbecue Restaurant of Au- In front of over 100,000 fans, an impressive Edna was well known for her smile and gusta, Georgia. portion of which were wearing burnt orange, humor. She always had a song to give you or Those outside my region might not be the Longhorns triumphed with a stunning a word of inspiration. Near and dear to her aware of how much a role a successful ‘‘bar- come from behind win that will be talked about heart was her love for family and the church becue’’ plays in Southern hospitality and poli- for years to come. The State of Texas is im- where she was first lady and also active as an tics. mensely proud of the Longhorn’s Head Coach evangelist. Edna will be missed but never for- The first thing one needs to understand is Mack Brown, his entire staff, and the fine play- gotten. that in the South, the word itself can be noun, ers that represent them. Mr. Speaker, Edna Harris was a shining ex- a verb, or an adjective. It is more than food, Those fine young men and the thousands of ample of diligent public service. Her legacy will it is a cultural identification, and one that screaming Texas faithful taught the entire long be remembered by the State of Nevada. crosses all party lines. country the lesson that Sam Houston taught I am grateful for the opportunity to recognize I don’t think there is any better example of Santa Anna at the Battle of San Jacinto. You her on the floor of the House in front of my this than Larry Sconyers and Sconyers Bar- don’t ever want to share the same field as a colleagues. becue Restaurant in Augusta, Georgia. bunch of fired up Texans.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00240 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 698 EXTENSIONS OF REMARKS February 1, 2006 That’s just the way it is. one of the ten States with the highest enroll- The Container Store continues in the excel- f ments of Catholic students, with over 181,000 lent tradition of employee satisfaction. The students in 538 schools in the State. In Chi- company has been at the top of the ‘‘Best PAYING TRIBUTE TO ROBERT cago, as in other urban areas, Catholic Companies to Work For’’ list for 7 years in a ‘‘NOLAN’’ CARWELL AFTER 25 schools play an important role in providing row. Last year it was ranked number 15 on YEARS OF DEDICATED SERVICE quality academic training to children and the top 100 list. The company prides itself on youth. Indeed, the Archdiocese of Chicago the philosophy that ‘‘employees are our great- HON. JON C. PORTER was the second largest Catholic school sys- est asset.’’ OF NEVADA tem in the country. There are many out- And so, I commend the Container Store for IN THE HOUSE OF REPRESENTATIVES standing Catholic schools in my Congressional maintaining its dedication to a friendly and district. Among them is Fenwick High School productive workplace environment. Its suc- Wednesday, February 1, 2006 in Oak Park, Resurrection Elementary School cessful and creative practices have not only Mr. PORTER. Mr. Speaker, I rise today to in Chicago, and, of course, St. Ignatius Pre- led to satisfied employees, but a business that honor Robert ‘‘Nolan’’ Carwell, Postal Inspec- paratory, which is recognized as one of the continues to thrive and expand on a national tor, in Las Vegas, Nevada. Nolan is retiring top preparatory schools in the Nation. level as well. from the U.S. Postal Inspection Service after Catholic schools emphasize discipline, val- f twenty five years of dedicated service. ues, and parental involvement—three ele- Nolan Carwell began his career as a Postal ments that are critical to raising responsible RECOGNIZING FEBRUARY AS Inspector in May of 1980 when he accepted citizens. Self-discipline, or the ability to re- BLACK HISTORY MONTH an assignment with the Seattle Division. In strain our impulses and to apply ourselves in April 1983, he transferred to the Oakland/San the face of competing interests, is a quality HON. C.A. DUTCH RUPPERSBERGER Francisco Division 976 as a reserve officer that is important for young people and old. It OF MARYLAND and in November of that same year, he trans- allows us to use prudence and wisdom in IN THE HOUSE OF REPRESENTATIVES ferred to the Los Angeles Division where he making choices rather than to act out of im- Wednesday, February 1, 2006 was assigned to the External Crimes and Vio- pulse. Value-added education instills in youth Mr. RUPPERSBERGER. Mr. Speaker, Feb- lent Crimes Division. He remained in Los An- a commitment to others and one’s community. ruary is a month of remembrance. February is geles until 2000 when he accepted a transfer In an age where many individuals place pri- a significant month for the United States of back to the field as a Multi-Functional Team macy on their personal needs, such a focus America because it marks an important part of Leader with the Las Vegas Domicile Division. prepares students to contribute to society by our heritage, Black History Month. It is impor- Nolan has received the Vice President’s considering the needs of others. The close in- tant for all Americans to recognize the great Award for the Department of Justice Task volvement of parents, a hallmark of Catholic contributions of African-Americans. Force, investigating conspiracy allegations into education, makes clear that education is not Dr. Carter G. Woodson, a Harvard scholar, the Dr. Martin Luther King assassination; the something that occurs only within the school deserves most of the credit for establishing Meritorious Service Award for the investigation house, but is a life-long process. Black History Month. He was determined to of the Los Angeles riots; the Los Angeles Fed- One of the truly great aspects of the Amer- bring Black history into the mainstream public eral Bar Association Distinguished Achieve- ican education system is its diversity. The goal arena and he succeeded. In 1926, Woodson ment Award; and the Chief Inspector Perform- of our system should be both public and pri- organized the first annual Negro History ance Award, serving as an Instructor with vate, and it is to provide anyone and everyone Week, which took place during the second FLETC, teaching classes in crime scene in- in any city, any State, with the opportunity week of February. Woodson chose this date to vestigation, crime scene preservation, drug they need to succeed. The educational recipe coincide with the birthdays of Frederick Doug- abuse, fingerprints, death investigation, rape for success in our country certainly includes lass and Abraham Lincoln—two men who had investigation and burglary, photography, un- Catholic schools. These schools contribute to greatly impacted the Black population. dercover technical investigations equipment, the rich diversity that truly makes American Over time, Negro History Week evolved into and labs and practical exercise programs to education powerful. Catholic schools help Black History Month. This 4-week-long cele- over 15,000 students representing over 70 make American education successful in its bration of African-American history is packed federal law enforcement agencies. mission and provide a strong and positive with important anniversaries and remem- Mr. Speaker, Nolan Carwell has worked dili- force in America’s educational system. brances of African-American struggles and tri- gently with the U.S. Postal Inspection Service f umphs. February 14, 1817 is the presumed for twenty five years I ask my fellow col- CONGRATULATIONS TO THE birthday of Frederick Douglass, February 21, leagues to stand with me today to honor him, CONTAINER STORE 1965 marks the date of Malcolm X’s assas- to thank him for his service, and to wish him sination and Nelson Mandela’s release from a long, happy and healthy retirement. HON. KENNY MARCHANT prison was on February 11, 1990. f Americans must remember that within the 4 OF TEXAS short weeks of February, American history IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE CONTRIBUTION was radically changed. Many African-Ameri- OF CATHOLIC SCHOOLS TO THE Wednesday, February 1, 2006 cans risked their lives to stand up for their NATION DURING THE 32ND AN- Mr. MARCHANT. Mr. Speaker, I would like freedoms and as a result our culture has NUAL CATHOLIC SCHOOLS WEEK to congratulate the Container Store, whose changed for the better. headquarters are based in Coppell, Texas, for The first day of February is significant for HON. DANNY K. DAVIS being ranked number 6 on Fortune Maga- two separate reasons: On this day in 1865 OF ILLINOIS zine’s 2006 list of the ‘‘100 Best Companies to Abraham Lincoln approved the 13th amend- IN THE HOUSE OF REPRESENTATIVES Work For.’’ ment to abolish slavery, and 1960 was the The Container Store is one of only two com- date of the Woolworth lunch counter sit-in. Af- Wednesday, February 1, 2006 panies from the State of Texas to make the rican-Americans prevailed again throughout Mr. DAVIS of Illinois. Mr. Speaker, during Top 10 overall. It was awarded a number 3 February with the ratification of the 15th the 32nd annual Catholic Schools Week, I ranking in the ‘‘Best Medium-Sized Companies amendment guaranteeing that race would not want to recognize the contributions of Catholic (2,500–10,000 employees) to Work For’’ cat- prevent a man from voting, February 3, 1870; schools to this Nation. Mr. Speaker, children egory. the day of the Montgomery bus boycott ar- all across America have benefited from Catho- The companies are chosen based upon For- rests, February 22, 1956; and opera star Mar- lic education. I applaud these schools for their tune’s evaluation of the policies and culture of ian Anderson’s birthday on February 27, 1897. long commitment to education, to a value sys- the company, and the opinion of its employ- Black History Month pays tribute to inspira- tem and character development, and to devel- ees. The latter is given more weight; it is tional African-Americans from the past, as well oping the kind of lifestyles that students as found from employee responses to a survey as those who will continue to make history well as adults need to seek. There are almost that evaluates factors such as attitudes to- well into the future. It is important to inspire to- 8,000 Catholic schools nationwide. Illinois is wards management and job satisfaction. day’s children by teaching them that there

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00241 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 699 were people in the past such as Jackie Robin- Florence Murphy, and her achievements, in Snopek began her work at St. Francis, enroll- son, Harriet Tubman, and Dr. Vivien Thomas front of my colleagues of the house. ment in the school has increased greatly and who laid the paths for all Americans. The hard f the majority of the students are testing above work, sacrifices and hardships of these role the 75th percentile in all academic areas on models permitted the accomplishments of a TRIBUTE TO MR. FRANK CUTRONA standardized tests. new generation: Tiger Woods, Senator Aside from initiated programs that benefit BARACK OBAMA, and Dr. Benjamin Carson. HON. STEVEN R. ROTHMAN students, Ms. Snopek is also credited with an Mr. Speaker, with all of the significant con- OF NEW JERSEY excellent ability to recognize the talents of her tributions African-Americans have accom- IN THE HOUSE OF REPRESENTATIVES teachers. She helps develop staff members by providing them with varied opportunities for plished throughout history, it is important that Wednesday, February 1, 2006 we recognize those achievements. Let’s make professional growth, including pursuing ad- sure that all Americans celebrate and under- Mr. ROTHMAN. Mr. Speaker, I rise to rec- vanced degrees. Teachers and administration stand the principles, achievements and ideals ognize Mr. Frank Cutrona, a resident of the alike recognize Ms. Snopek as one who of African-Americans; after all, African Amer- Ninth District of New Jersey and the San Ciro merges her responsibilities as a spiritual and ican history is American history. Society’s Man of the Year for 2006. educational leader to the benefit of her students and staff. f The San Ciro Society, located in Garfield, NJ, is an organization comprised of New It is my honor to recognize Ms. Barbara PAYING TRIBUTE TO FLORENCE Jerseyans of Italian-American descent that Snopek who serves as an example of one of MURPHY, PILOT AND CO- makes contributions to many worthy charitable the best in PreK–8 school leadership and FOUNDER OF NORTH LAS VEGAS causes each year. Locally, it provides students helps to foster a greater understanding of the AIRPORT with scholarships to continue their education. principal’s key role in meeting the challenging On the international level, the society has responsibility of educating children. HON. JON C. PORTER sponsored foster children in Africa. f OF NEVADA Frank Cutrona was born in Marineo, Italy on THE LEGACY OF FAYARD IN THE HOUSE OF REPRESENTATIVES February 18, 1956. At the age of 13, his family NICHOLAS moved to America to realize the American Wednesday, February 1, 2006 dream and settled in Garfield, NJ. Frank grew HON. CHARLES B. RANGEL Mr. PORTER. Mr. Speaker, I rise today to up in Garfield and worked as a truck driver for OF NEW YORK honor the memory of Florence Murphy who Dorwin Manufacturing, located in Elmwood IN THE HOUSE OF REPRESENTATIVES died Monday January 22, at the age of 94. I Park, NJ, for 26 years. He now lives in Wednesday, February 1, 2006 recognize Florence for her accomplishments in Carlstadt with his beautiful wife, Rosa, where aviation and business, and for paving the way they run their own deli and where Frank works Mr. RANGEL. Mr. Speaker, today I rise to for other women as one of Nevada’s first fe- part-time for the Carlstadt Board of Education. recognize legendary tap dancer Fayard Nich- male pilots and the first woman to be vice The couple has two wonderful children, Jo- olas who died on Tuesday, January 24, 2006 president of an airline company. seph and Christina. Frank has been a devoted at the age of 91 and to enter into the RECORD Florence Murphy attended the University of member of the San Ciro Society for 15 years a statement remembering Nicholas prepared Nevada, Reno, for 2 years before meeting her and has served as its secretary of finance for by the National Association for the Advance- husband, John Murphy. He worked for the 7 years. ment of Colored People. State Highway Department and she was a Today, I would like to recognize Frank Nicholas was the elder half of an amazing legal secretary when they first got the chance Cutrona’s dedication to the San Ciro Society tap dance legend—The Nicholas Brothers. To- to fly in 1936. Two years later they each had and send the Garfield, NJ’s San Ciro Societa gether the show-stopping duo influenced generations of dancers with their wildly creative their pilot’s licenses. Murphy earned her flight Religiosa my best wishes for their upcoming tap routines, which included slides across the instructor’s license in 1941, and 3 years later 97th annual Dinner Dance. Viva San Ciro. she became the first woman in Nevada to floor and signature no-hands leg splits. f Legends in their own time and ours, Fayard earn a commercial pilot’s license. and Harold Nicholas are best known for their She was not always welcomed in the male- HONORING BARBARA SNOPEK, unforgettable appearances in more than 30 dominated field of commercial aviation, espe- PRINCIPAL OF SAINT FRANCIS XAVIER Hollywood musicals in the 1930s and ’40s. cially when she took the controls of an airliner. They were talented singers and actors as well, At times, she had to board the plane before but Jim Crow segregationist customs kept the passengers so they could not see that a HON. DANIEL LIPINSKI them from having speaking parts. Their ar- woman was flying the plane. OF ILLINOIS tistry, choreographic genius, and unique In 1941, Florence Murphy, her husband and IN THE HOUSE OF REPRESENTATIVES style—a smooth mix of tap, jazz, ballet and their friend Bob Barrett built Sky Haven Air- Wednesday, February 1, 2006 acrobatic moves—have astonished vaudeville, port, which is now North Las Vegas Airport. theatre, film and television audiences all over The airport opened on December 7, 1941. The Mr. LIPINSKI. Mr. Speaker, I rise today to the world. Their work influenced dancers from festivities came to an abrupt end when an un- honor Barbara Snopek, Principal of Saint Gene Kelly to Fred Astaire to Debbie Allen, scheduled military plane landed and shut Francis Xavier in La Grange, Illinois and re- Gregory Hines to Savion Glover. Russian bal- down the airport with the announcement that cipient of the 2005 National Distinguished let dancer Mikhail Baryshnikov once called the Pearl Harbor had just been bombed. Flor- Principal Award. Nicholas Brothers ‘‘the most amazing dancers ence’s husband and Barrett then went to Ari- The National Distinguished Principals Pro- I have ever seen in my life—ever.’’ zona as civilian flight instructors. Florence gram was established in 1984 as an annual Born in Mobile, the brothers learned to stayed behind to keep the Sky Haven running event to honor exemplary elementary school dance while watching their musician parents during World War II. principals who set the pace, character, and who played in their own band at the old After the war, Florence met Ed Converse, a quality of the education children receive during Standard Theater—their mother at the piano Navy veteran who had started Bonanza Air- their early school years. One principal is cho- and father on drums. Fayard was 18 and Har- lines. She joined the company and eventually sen from each of the 50 states and the District old was just 11 when they became the fea- became vice president, the first woman to hold of Columbia, and this year Ms. Barbara tured act at New York’s Cotton Club in 1932. such a position with an airline. She stayed Snopek has been selected as a National Dis- They then appeared on Broadway with ‘‘The with the company until 1958, when she started tinguished Principal. Ziegfield Follies of 1936’’ and later Hollywood a real estate company with another friend, Before arriving at St. Francis in 1989, appearing in such great hits as ‘‘The Pirate’’ Larry McNeil. She remained active as a li- Snopek served as principal at St. Genevieve (1948) with Gene Kelly and Stormy Weather censed pilot until the age of 82 and as a real in Chicago and St. Suzanna in Harvey, Illinois. (1943) with Fred Astaire. estate executive until 93. In her first year at St. Francis she worked In 1981, the Brothers were honored with a Mr. Speaker, it is with great pride that I closely with the staff to create and implement retrospective of their work in films at the Acad- have the opportunity to honor the memory of new curricula for the school. Since Ms. emy Awards. Fayard received a Tony Award

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00242 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 700 EXTENSIONS OF REMARKS February 1, 2006 for his choreography in the Tony Award win- TRIBUTE TO NORMAN J. PERA President Clinton for their contributions to the ning Broadway show ‘‘Black and Blue’’ in 1995 White House Christmas celebration. 1989. Two years later, the brothers received a HON. ANNA G. ESHOO Graduates from the 2004 and 2005 ATTC cul- Kennedy Center Honor. Their legacy has also OF CALIFORNIA inary arts program have received over been remembered with a star on the Holly- IN THE HOUSE OF REPRESENTATIVES $90,000 in scholarships, due mainly to Mr. wood Walk of Fame and induction into the Doram’s fine teaching. Apollo Theater Hall of Fame. Even after Har- Wednesday, February 1, 2006 Prior to becoming a teacher, Mr. Doram old passed away in 2000 due to heart failure, Ms. ESHOO. Mr. Speaker, I rise to honor served our country for twenty years in the Fayard kept their legend alive by giving lec- Norman J. Pera of Saugatuck, Michigan, who United States Air Force. He retired as a Mas- tures and demonstrations until 2004, when he died on January 1, 2006, at the age of 83. ter Sergeant, with his most notable tours of suffered a stroke. Norman J. Pera was born in Gary, Indiana, duty being Vietnam and Thailand. Mr. Doram Not only is the Nicholas Brother’s dance where he graduated from Horace Mann High was honored by President Ford for his ideals skill to be admired and remembered but so is School in 1939. He served honorably from and recommendations that saved the country their spirit. With each advancement in their ca- 1942 to 1946 in the U.S. Navy, including ac- money in the operations of the culinary depart- reer, they overcame racial discrimination, tive duty in the Pacific Theater during Word ments, throughout the United States Armed proving that even ignorance cannot dampen War II. Forces. one’s skills and drive. The Nicholas Brothers Upon completing military service, he at- The Clark County School District will greatly stand as a testament and an example to all by tended the Rose Hulman Institute of Tech- miss Mr. Doram, who during his years as a finding joy in following one’s passion. I join the nology in Terre Haute, Indiana, and graduated teacher was an outstanding educator who NAACP in remembering Fayard Nicholas. in 1948 with a degree in Mechanical Engineer- deeply cared about the youth of Nevada. Yet NAACP MOURNS THE LOSS OF LEGENDARY ing. He worked for Inland Steel of East Chi- his legacy of service to the community will be TAP DANCER FAYARD NICHOLAS cago, Indiana, and retired in 1982 as the As- seen for generations to come. NICHOLAS BROTHERS DUO INSPIRED DANCERS sistant Superintendent of the Mechanical De- Mr. Speaker, it is an honor that I am able SUCH AS FRED ASTAIRE, GREGORY HINES AND partment. Mr. Pera moved to Saugatuck in to recognize Tyronne E. Doram today, on the SAVION GLOVER 1989 and became an active volunteer for floor of the House in front of my colleagues. The National Association for the Advance- ment of Colored People (NAACP) mourns the many local organizations, giving generously of I commend Mr. Doram for his fine example loss of Fayard Nicholas, the elder half of the his time and his many talents. and exemplary service to the State of Nevada. tap-dancing duo the Nicholas Brothers, who He is survived by his wife Patricia, the great died Tuesday in Los Angeles after suffering love of his life for 57 years, their 5 outstanding f from pneumonia. sons, David, Timothy, Mark, Thomas, and UNIVERSITY OF THE DISTRICT OF Bruce S. Gordon, NAACP President and John; his daughters-in-law Ruth, Kathleen, COLUMBIA GRADUATE PRO- CEO, said ‘‘Both of the Nicholas Brothers Leslie and Catherine; his nephew and niece GRAMS ACT will be greatly missed. They took their pas- Anthony and Mary Ester Merza, and his 11 sion for the art of dance and turned raw talent into skill. Each performance by the beautiful grandchildren. Nicholas Brothers demonstrated the depth of Norman Pera was a principled and decent HON. ELEANOR HOLMES NORTON their creativity and left audiences gasping at man who loved his family, his faith, his com- OF THE DISTRICT OF COLUMBIA their show-stopping presentation.’’ munity and his country very deeply. IN THE HOUSE OF REPRESENTATIVES Fayard and his brother Harold overcame Mr. Speaker, I ask all my colleagues to join Wednesday, February 1, 2006 racial boundaries when their vaudeville tap me in honoring the life of my dear cousin Nor- show headlined New York’s Cotton Club in man and extend to his beloved family our Ms. NORTON. Mr. Speaker, today I intro- 1932. From there the brothers went on to daz- deepest sympathy. America has lost a mag- duce the University of the District of Columbia zle audiences on Broadway and Hollywood. Graduate Programs Act that amends Section In 1934, the Nicholas Brothers were hired to nificent citizen. be in their first major musical titled, Kid f 326 of the Higher Education Act to provide Millions, and appeared on Broadway in The federal Historically Black College and Univer- Zeigfield Follies of 1936. Despite the lack of PAYING TRIBUTE TO TYRONNE E. sity (HBCU) grant funding to the qualified formal training, the Nicholas brothers also DORAM, SR. FOR TWENTY-TWO graduate programs at the University of the pioneered in the art of ballet and in 1937, YEARS OF TEACHING FOR THE District of Columbia. they performed in Babes in Arms. CLARK COUNTY SCHOOL DIS- The University of the District of Columbia, or Throughout the 1940s, the Nicholas Broth- TRICT UDC, is the District’s only public university and ers updated their style and performed in a series of musical films in Hollywood. Among institution of higher learning. An open admis- those films was Sun Valley Serenade (1941) HON. JON C. PORTER sion institution at the undergraduate level, the with performances with Dorothy Dandridge, OF NEVADA University has consistently and historically pro- whom Harold later married and divorced. In IN THE HOUSE OF REPRESENTATIVES vided higher education opportunity to D.C. 1948, the pair performed a memorable routine residents at low and affordable cost. The Uni- with Gene Kelly in Be a Clown. Wednesday, February 1, 2006 versity justifiably prides itself on its vital role in After a series of international tours, night- Mr. PORTER. Mr. Speaker, I rise today to educating the leaders of the next generation club and television performances, the brothers’ schedule remained tight. In 1970, Fayard honor Mr. Tyronne E. Doram, Sr., who retired by producing theoretically sound and prac- captured the leading role in The Liberation on January 20, 2006, after twenty-two years of tically skilled graduates, ready to undertake of L.B. Jones and in 1989 won a Tony Award teaching in the Clark County School District. careers in service in both the public and pri- for his choreography of the Broadway revue Mr. Doram has been a role model, mentor, vate sectors. Black and Blue, featuring child tap star and constant example of what is good in edu- UDC also is one of the Nation’s oldest Savion Glover. cation. In 1994, he was honored as Kiwanis HBCUs, but the university did not receive fed- In 1991, the Nicholas Brothers received the Teacher of the Year, and when many people eral funding as an HBCU until 1999, when Kennedy Center Honors and were honored at the Academy Awards. Harold passed away in are winding down their careers, Mr. Doram Congress passed the District of Columbia Col- 2000 from heart failure, but Fayard contin- was instrumental in expanding the Culinary lege Access Act that my good friend, Govern- ued to give lectures and demonstrations Arts program at the Area Technical Trade ment Reform Committee Chair TOM DAVIS, until suffering a stroke in November 2004. Center (ATTC), in North Las Vegas. His senior and I sponsored to establish the D.C. Tuition Fayard Nicholas was 91. students have had the opportunity to complete Assistance Grant program. Founded in 1909, the National Association internships in various hotel culinary depart- Funding from the Historically Black Grad- for the Advancement of Colored People is the ments both on and off the Las Vegas Strip. uate Institutions (HBGIs) program will allow nation’s oldest and largest civil rights organization. It’s adult and youth members Many of his graduates have secured positions UDC to increase its production of skilled grad- throughout the United States and the world in the industry immediately after graduation uates in vital disciplines and jobs in which Afri- are the premier advocates for civil rights in while other students have continued their edu- can Americans, Hispanics and others are their communities and monitor equal oppor- cation in postsecondary institutions. Mr. underrepresented and to strengthen its grad- tunity in the public and private sectors. Doram and his students were recognized by uate programs in occupations where there are

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00243 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 701 shortages in our region. For example, the Uni- tion of her students, encouraging them to feel supporter of the famed minister, ultimately versity has graduate degree programs in can- comfortable with themselves and with each emerging as an influential civil rights advocate cer biology prevention and control, early child- other as she blends activities with lessons to in her own right. She was 78 at her passing. hood education, mathematics, special edu- keep them engaged and learning. I hope you will join me in remembering this cation, and speech and language pathology, In addition to her work in the classroom, great person and the precious values that her and other graduate programs in the College of Jessica Turner oversees the professional de- life embodied. She was not only a symbol of Arts and Sciences, the David A. Clarke School velopment of kindergarten, first-grade, and positive change but also a tireless agent of of Law, and the School of Business and Public second-grade teachers and is a valuable re- progress. May her work continue to influence Administration. A graduate curriculum is being source to new faculty. Ms. Turner is also ac- future generations in the ongoing fight for jus- developed in the School of Engineering and tively involved in numerous teacher training tice in this Nation and throughout the world. Applied Sciences. programs including the Kentucky Reading During the month of February, I encourage I urge all of my colleagues to support this Project and the Louisville Writing Project. all Americans to honor African-Americans by bill. I applaud Jessica Turner’s accomplishments attending local Black History Month events, or f in public education, an occupation of great re- hosting a roundtable discussion about Black sponsibility and even greater reward. On be- History Month at the local library with African- A TRIBUTE TO GLORIA CONWAY half of so many in the Elizabethtown area, I American activists from your community. The would like to express my profound apprecia- best way to honor the African American expe- HON. MICHAEL E. CAPUANO tion for her service and inspiration as she mo- rience is to educate oneself and one’s com- OF MASSACHUSETTS tivates young people to recognize and develop munity. Use this month to expose yourselves IN THE HOUSE OF REPRESENTATIVES their talents and abilities. to the ways in which the African American ex- It is my great privilege to recognize Jessica perience has already been made a part of Wednesday, February 1, 2006 Turner today, before the entire U.S. House of your life. Mr. CAPUANO. Mr. Speaker, I rise today to Representatives, for her achievements as an f congratulate and pay tribute to an outstanding educator. Her unique dedication to the devel- woman, Gloria Conway, the long-time editor of opment and well-being of young people and HIGHLIGHTS OF CIVIL LIBERTY the Charlestown Patriot. She recently sold this the communities they will someday serve SAFEGUARDS CONTAINED IN PA- neighborhood weekly, a publication that she make her an outstanding citizen worthy of our TRIOT ACT CONFERENCE RE- owned with her husband, Jim, for nearly 40 collective honor and respect. PORT years. f Gloria’s passion for her neighborhood was HON. F. JAMES SENSENBRENNER, JR. evident in the pages of her paper and in the BLACK HISTORY MONTH OF WISCONSIN various charity events she champions with her IN THE HOUSE OF REPRESENTATIVES husband. As editor of The Charlestown Pa- HON. MICHAEL M. HONDA Wednesday, February 1, 2006 triot, she would honor a mother’s wish to rec- OF CALIFORNIA Mr. SENSENBRENNER. Mr. Speaker, I ognize a son’s first little league homerun with IN THE HOUSE OF REPRESENTATIVES would like to include the following House Judi- the same importance as any news emanating Wednesday, February 1, 2006 ciary Committee press releases that highlight from Washington, DC. Her paper creatively important civil liberty safeguards that are con- Mr. HONDA. Mr. Speaker, this February we balanced a nostalgic tie to Charlestown’s his- tained in the PATRIOT Act conference report. toric past while also covering today’s relevant commemorate Black History Month. Since 1976, the month of February has been the PATRIOT Act Conference Report Civil Liberty topics, and it was always done with a local Safeguard #1—Requiring High-Level Approval flair. designated time for honoring the countless Af- and Additional Reporting to Congress for Sec- The Patriot will remain in Charlestown with rican-American contributions to American his- tion 215 Requests for Sensitive Information Such Gloria Conway as Publisher Emeritus. It has a tory and culture. We should all take this op- as Library or Medical Records: different look and new owners, but the dec- portunity to learn about and understand the Section 215 of the PATRIOT Act authorizes ades of positive influence that Gloria Conway Black experience in this country. It has com- the Director of the Federal Bureau of Inves- provided will endure at the Patriot and within pletely revolutionized our shared concepts of tigation or a designee of the Director to freedom, hope, and justice. apply to the Foreign Intelligence Surveil- the Charlestown community for years to come. lance Act (FISA) Court for an order requir- I wish Gloria, Jim and the entire Conway fam- In celebrating the progress our country has ing the production of any tangible things (in- ily all the best in whatever the future holds. I made because of these contributions, let us cluding books, records, papers, documents, want to thank them for their friendship and also be honest and frank in determining what and other items) for a foreign terrorism or commitment as they recorded Charlestown’s remains undone. We must work to ensure that spy investigation. This authority provides most recent history in their pages. all of America’s communities have access to counterterrorism and law enforcement officials a helpful tool to uncover what activi- f the American dream. We cannot ignore the reality that many Americans, particularly within ties suspected terrorists or spies are engaged HONORING JESSICA TURNER the African-American community, still face se- in. The Department of Justice testified in April 2005 to the House Judiciary Committee rious obstacles in accessing the opportunities that a Section 215 order had not been used to HON. RON LEWIS everyone deserves in education, health care, request sensitive information such as li- OF KENTUCKY home ownership, and economic development. brary, bookstore, medical, or gun records IN THE HOUSE OF REPRESENTATIVES The devastation of Hurricanes Katrina and and no evidence has been presented to dem- Rita only serve to highlight the remaining chal- onstrate otherwise. Nonetheless, some have Wednesday, February 1, 2006 lenges of seeking equality and equal treatment raised concerns that this authority could be Mr. LEWIS of Kentucky. Mr. Speaker, I rise under the law. abused by mid-level officials to seek sen- today to recognize Jessica Turner, an exem- We must commit ourselves to challenging sitive categories of records about law-abiding Americans. plary citizen from my district who was recently the social, political, and economic status quo To address these concerns, the conference named recipient of the Elizabethtown Inde- so that each of us may realize the dream of report provides that when the documents pendent Schools’ 2005–06 Excellence in the equal opportunity envisioned by the late Dr. sought relate to certain sensitive categories Classroom and Educational Leadership King, and now the late Coretta Scott King. of records (such as library, bookstore, tax re- (ExCEL) Award. This year, Black History Month will be dedi- turn, firearms sales, educational, and med- A teacher for more than six years, Ms. Tur- cated to the memory of Ms. King. ical records), only the FBI Director, Deputy ner promotes a unique style in her classroom Our Nation mourns the recent loss of Director, or Official-in-Charge of Intel- ligence may approve the application before that incorporates hard work, cooperation and Coretta Scott King, a true American icon who it can be submitted to the FISA court. With- respect among her kindergarten and first championed civil and human rights for all out the personal approval of one of these 3 grade students at the Helmwood Heights Ele- Americans. Widow of the Reverend Martin Lu- officials, the 215 order for these sensitive cat- mentary School in Elizabethtown, KY. Year ther King, Jr., Ms. King first stepped into the egories of records may not be issued. Addi- after year, she continues to capture the atten- international spotlight as the wife and faithful tionally, the conference report establishes

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00244 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 702 EXTENSIONS OF REMARKS February 1, 2006 enhanced reporting requirements to Con- cerning non-consenting United States per- ment’s Independent Inspector General to Con- gress regarding the use of Section 215, in- sons consistent with the need of the United duct an Audit of Each Justice Department Use cluding a breakdown of its use to obtain li- States to obtain, produce, and disseminate of Section 215 Orders: brary, medical, educational, and other sen- foreign intelligence information. This civil The PATRIOT Act conference report pro- sitive types of records in order to further liberty provision provides another safeguard vides additional public information and con- protect this authority from possibly being to ensure information about innocent U.S. gressional oversight by requiring the Justice abused. These civil liberty safeguards con- persons is not kept or used in nefarious or Department’s independent Inspector General tained in the conference report do not exist inappropriate ways. This civil liberty safe- to conduct an audit for each Justice Depart- under current law. guard is not contained in current law and ment use of Section 215 orders. These audits PATRIOT Act Conference Report Civil Liberty was requested by Senator Leahy. will be compiled into two Inspector General Safeguard #2—Statement of Facts Showing Rel- PATRIOT Act Conference Report Civil Liberty public reports with classified annexes. This evance to a Terrorism or Foreign Spy Investiga- Safeguard #5—Explicitly Providing for a Judi- civil liberty safeguard contained in the con- tion Required for Section 215 Requests: cial Challenge to a Section 215 Order: ference report does not exist under current Section 215 of the PATRIOT Act authorizes Current law requires judicial review before law. the Director of the Federal Bureau of Inves- a Section 215 order can be issued. Specifi- PATRIOT Act Conference Report Civil Liberty tigation or a designee of the Director to cally, the FISA Court is required to review Safeguard #9—Explicitly Providing for a Judi- apply to the Foreign Intelligence Surveil- all applications before a Section 215 order is cial Challenge to a National Security Letter lance Act (FISA) Court for an order requir- approved. However, current law does not pro- (NSL): ing the production of any tangible things (in- vide a judicial review process after a 215 Current law does not specify that an NSL cluding books, records, papers, documents, order has been issued. The pending PATRIOT can be challenged in court and provides no and other items) for a foreign terrorism or Act conference report explicitly establishes process for challenging an NSL. The con- spy investigation. This authority provides a judicial review process after the 215 order ference report provides explicit authority to counter-terrorism and law enforcement offi- has been issued to allow the recipient of a 215 challenge in court an NSL under all existing cials a helpful and less invasive tool to both order to challenge the order before the FISA statutes authorizing NSLs. Specifically, the uncover what activities suspected terrorists Court. The FISA Court may quash a Section conference report provides that the recipient or spies are engaged in and clear innocent 215 request if it does not meet the require- of an NSL may petition for an order modi- people suspected of terrorism or spying. ments of the statute or is otherwise unlaw- fying or setting aside the NSL request in the Without Section 215 authority, counter-ter- ful. This civil liberty safeguard contained in U.S. district court for the district where the rorism and law enforcement officials seeking the conference report does not exist under recipient does business or resides. This civil to discover whether a person is involved in current law. liberty safeguard is stronger than the Sen- terrorism or spying activity would be forced PATRIOT Act Conference Report Civil Liberty ate-passed bill, which only addressed one of to use more invasive investigative tech- Safeguard #6—Explicitly Clarifying that a Re- the NSL statutes, does not exist under cur- niques such as obtaining a search warrant. cipient of a Section 215 Order May Disclose Re- rent law, and was written by Rep. Jeff Flake Current law only requires that an applica- ceipt to an Attorney or Others Necessary to (R-Ariz.). tion for a Section 215 order state that the re- Comply with or Challenge the Order: Originally created by a Democrat-led Con- quested records are sought for an authorized Current law prohibits the recipient of a 215 gress and signed into law by President Car- investigation to collect foreign terrorism or order from disclosing the receipt of such an ter, NSLs are a long-standing tool by which spy information. order except to those necessary to comply the FBI and other appropriate federal law The conference report requires that a Sec- with the order. This is done for 2 main rea- enforcement officials request, for sensitive tion 215 application must include a state- sons: 1) fear of tipping off terrorists or spies foreign spying or international terrorism in- ment of facts demonstrating that the records that they are being investigated; and 2) ir- vestigations, subscriber information and toll sought are ‘‘relevant’’ to an authorized in- reparably harming the reputations of inno- billing records of a wire or electronic com- vestigation to obtain terrorism or foreign in- cent people by publicly disclosing their ac- munication service provider, such as a phone telligence information. This statement of tivities were investigated because of ter- company or AOL. facts requirement contains language offered rorism or spying links. Current law is silent by Senator Leahy. This statement of facts as to whether a 215 order recipient may dis- PATRIOT Act Conference Report Civil Liberty civil liberty safeguard contained in the con- close the receipt of such an order to an at- Safeuard #10—Explicitly Clarifying: that a Re- ference report does not exist under current torney to comply with the order. The pend- cipient of a National Security Letter (NSL) May law. In addition, the conference report maining PATRIOT Act conference report clarifies Disclose Receipt to an Attorney or Others Nec- tains the specific prohibition that the re- this issue by stating explicitly that the re- essary to Comply with or Challenge the Order: quested information not concern a U.S. per- cipient of a 215 order may disclose receipt to As NSLs may only be used in highly sen- son unless it is to protect against inter- an attorney or others necessary to comply sitive international terrorism or foreign es- national terrorism or spying activities. with or challenge the order. This civil lib- pionage investigations with national secu- PATRIOT Act Conference Report Civil Liberty erty safeguard contained in the conference rity implications, current law prohibits the Safeguard #3—Explicitly Allowing a FISA Court report does not exist under current law. recipient of an NSL from disclosing the re- Judge to Deny or Modify a Section 215 Request: PATRIOT Act Conference Report Civil Liberty ceipt of such an order. Current law is silent Under current law, upon receiving the Sec- Safeguard #7—Requiring Public Reporting of as to whether an NSL recipient may disclose tion 215 application, the FISA Court judge the Number of Section 215 Orders: the receipt of such an order to an attorney to must approve or modify the order; the cur- On April 6, 2005, Attorney General Alberto comply with or challenge the order. The rent law does not include specific authority Gonzales testified before the House Judici- pending PATRIOT Act conference report for the court to deny an application. The PA- ary Committee that as of March 30, 2005, the clarifies this issue by stating explicitly that TRIOT Act conference report explicitly pro- FISA Court had approved the Justice De- the recipient of an NSL may disclose receipt vides a FISA Court judge the discretion to partment’s request for a Section 215 order 35 to an attorney or others necessary to comply not only approve or modify a Section 215 ap- times. However, under current law, the num- with or challenge the order. This civil lib- plication, but also to deny an application. ber of Section 215 orders is not required to be erty safeguard contained in the conference This civil liberty safeguard contained in the made public. At the request of Senator report does not exist under current law and conference report does not exist under cur- Leahy and other Senate Democratic con- was written by Rep. Jeff Flake (R-Ariz.). rent law. ferees, the PATRIOT Act conference report PATRIOT Act Conference Report Civil Liberty PATRIOT Act Conference Report Civil Liberty requires the Justice Department to report to Safeguard #11—Providing that a Nondisclosure Safeguard #4—Requiring Minimization Proce- the public annually the aggregate number of Order Does Not Automatically Attach to a Na- dures to Limit Retention and Dissemination of Section 215 applications submitted, ap- tional Security Letter (NSL): Information Obtained About U.S. Persons From proved, modified, and denied. Despite the Current law automatically prohibits the Section 215 Requests: concerns of some that this public reporting recipient of an NSL from disclosing receipt In order to address concerns that informa- requirement unnecessarily informs Amer- of it. The conference report amends the law tion sought in a Section 215 order might be ica’s enemies of the sources and methods so that a nondisclosure order does not auto- unnecessarily retained or disseminated, the being used to thwart terrorism and spying, matically attach to an NSL. Instead, a non- PATRIOT Act conference report requires the conference reports includes this civil lib- disclosure requirement will attach to an that the Attorney General create minimiza- erty safeguard to assuage any concerns that NSL only upon a certification by the govern- tion procedures for the retention and dis- the Section 215 authority is being abused. ment that disclosure could cause one of the semination of this data and that the FBI use This civil liberty safeguard contained in the harms specified in the conference report, these procedures. Specifically, the A.G. must conference report does not exist under cur- such as endangering a witness or threatening establish minimization procedures to mini- rent law. national security. This civil liberty safe- mize the retention, and dissemination, of PATRIOT Act Conference Report Civil Liberty guard does not exist in current law and was nonpublicly available information con- Safeguard #8—Requiring the Justice Depart- written by Rep. Jeff Flake (R-Ariz.).

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00245 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 703 PATRIOT Act Conference Report Civil Liberty rowing the deference given to certifications protect an on-going investigation and the Safeguard #12—Providing Explicit Judicial Re- by the Justice Department on NSL non- safety of the American public. Not delaying view of a Nondisclosure Requirement to a Na- disclosure requirements. Like the Senate- notice could allow a terrorist or criminal to tional Security Letter (NSL): passed version, the conference report pro- flee the country, destroy evidence about his Current law does not allow the recipient of vides an additional level of deference if an activity, alert associates to go into hiding, an NSL to challenge a nondisclosure order NSL nondisclosure certification is made on or even kill witnesses who could implicate attached to the NSL. The conference report the grounds that disclosure may endanger the individual. changes this by explicitly providing for judi- national security or diplomatic relations. At PATRIOT Act Conference Report Civil Liberty cial review of a nondisclosure requirement to the request of Senator Leahy, this height- Safeguard #20—Limiting Delayed-Notice Search an NSL. The NSL recipient may challenge ened degree of deference is only provided to Warrants Extensions to 90 Days or Less: the nondisclosure requirement in the U.S. certifications made by a few Senate-con- Like the versions passed by the House and district court for the district in which the firmed officials at the time the nondisclo- the Senate, the PATRIOT Act conference re- recipient does business or resides. This civil sure petition is filed. This civil liberty safe- port narrows and clarifies the permissible ex- liberty safeguard does not exist in current guard contained in the conference report tension period by providing a Court the dis- law and was written by Rep. Jeff Flake (R- does not exist under current law. cretion to extend the delay of notice for up Ariz.). PATRIOT Act Conference Report Civil Liberty to 90 days except under exceptional cir- PATRIOT Act Conference Report Civil Liberty Safeguard #18—Requiring a Report to Congress cumstances. This new conference report civil Safeguard #13—Requiring Public Reporting of on Any Use of Data-Mining: Programs by the liberty safeguard is not found in current law. the Number of National Security Letters (NSLs): Justice Department: PATRIOT Act Conference Report Civil Liberty At the request of Senator Leahy and other Data-mining programs take vast amounts Safeguard #21—Requiring an Updated Showing Senate Democratic conferees, the PATRIOT of information and try to utilize it for spe- of Necessity in Order to Extend the Delay of No- Act conference report includes—for the first cific purposes such as identifying a group tice of a Search Warrant: To ensure that a Court considering extend- time—public reporting on the aggregate with similar features. These programs can be ing a delay of notice has the best and most number of NSLs requested for information helpful in ‘‘connecting the dots’’ and are be- up-to date information, the PATRIOT Act about U.S. persons. Despite the concerns of coming more useful as a tool to bolster conference report requires an updated show some that this public reporting requirement homeland security. Congress wants to ensure of necessity by the applicant in order to ex- unnecessarily informs America’s enemies of that agencies using data-mining programs tend the delay of notice of a search warrant. the sources and methods being used to take all necessary steps to protect privacy This new conference report civil liberty safe- thwart terrorism and spying, the conference and the unauthorized dissemination of infor- reports includes this civil liberty safeguard guard is not found in current law. mation. PATRIOT Act Conference Report Civil Liberty to assuage any concerns that the NSL au- The PATRIOT Act conference report en- thority is being abused. This civil liberty Safeguard #22—Requiring Annual Public Re- hances congressional oversight of data-min- porting on the Use of Delayed-Notice Search safeguard contained in the conference report ing programs by requiring the Justice De- does not exist under current law. Warrants: partment to report to Congress on the use or To assuage concerns that delayed-notice PATRIOT Act Conference Report Civil Liberty development of any of these programs by the Safeguard #14—Requiring the Justice Depart- search warrants could be abused, the PA- Justice Department. This report will help in- TRIOT Act conference report requires public ment’s Independent Inspector General to Con- form Members of Congress of the civil lib- duct Two Audits of the Use of National Security reporting on the use of these search war- erty protections that are built into—or rants. Specifically, the annual public report Letters (NSLs): should be built into—these Justice Depart- The PATRIOT Act conference report pro- will include the ‘‘number of applications for ment data-mining programs. This new civil vides additional public information and con- warrants and extensions of warrants author- liberty safeguard contained in the PATRIOT gressional oversight by requiring the Justice izing delayed notice, and the number of such Act conference report does not exist in cur- Department’s independent Inspector General warrants and extensions granted or denied rent law and was written by Reps. Howard to conduct two audits on the use of NSLs during the preceding fiscal year.’’ This new Berman (D-Calif.) and William Delahunt (D- during the years 2003—2006. These audits will conference report civil liberty safeguard is Mass.). be compiled into two Inspector General pub- not found in current law. PATRIOT Act Conference Report Civil Liberty lic reports with classified annexes. This civil PATRIOT Act Conference Report Civil Liberty Safeguard #19—Requiring Notice Be Given on liberty safeguard contained in the con- Safeguard #23—Requiring Additional Specificity Delayed-Notice Search Warrants Within 30 ference report does not exist under current from an Applicant Before Roving Surveillance Days of the Search: law. May be Authorized: PATRIOT Act Conference Report Civil Liberty Prior to the enactment of the PATRIOT In an age of disposable cell phones, ‘‘rov- Safeguard #15—Requiring Additional Reporting Act in 2001, the U.S. Courts had authorized ing’’ wiretaps are a reasonable and common- to Congress by the Justice Department on Use of delayed notice search warrants under limited sense updating of investigative techniques to National Security Letters (NSLs): circumstances. For these special situations, account for technological advances. A ‘‘rov- The PATRIOT Act conference report en- the PATRIOT Act adopted the Courts’ prac- ing’’ wiretap follows the target rather than hances congressional oversight over the use tice of requiring law enforcement to provide just a single phone or communications de- of NSLs by requiring additional classified re- notice within a reasonable amount of time vice. The PATRIOT Act conference report porting to Congress on the use of NSL au- after the search has been carried out. Some addresses concerns about vagueness in appli- thorities. Specifically, the conference report were concerned that using a ‘‘reasonable cations for ‘‘roving’’ wiretaps in foreign spy- requires the House and Senate Judiciary amount of time’’ standard could allow abuse. ing and terrorism investigations by requir- Committees to receive all classified reports Thus, the PATRIOT Act reauthorization con- ing additional specificity in these applica- regarding use of NSLs; currently these com- ference report narrows and clarifies this tions in order for a Foreign Intelligence Sur- mittees only receive classified reports under standard by providing a Court the discretion veillance Act (FISA) Court judge to consider one of the five statutes authorizing NSLs. to delay notice for up to 30 days after the authorizing a ‘‘roving’’ wiretap. This civil PATRIOT Act Conference Report Civil Liberty search is executed. This new conference re- liberty safeguard is not included in current Safeguard #16—Requiring the Justice Depart- port civil liberty safeguard is not found in law. ment to Re-Certify that Nondisclosure of a Na- current law. Congress has authorized criminal wiretaps tional Security Letter (NSL) is Necessary: Notice has been delayed in only rare cases. for decades as an effective crime-fighting The PATRIOT Act conference report ex- As of January 31, 2005, the Justice Depart- tool. Because of technological advances, in- plicitly allows an NSL recipient to challenge ment has requested delayed-notice search cluding the use of cell phones, in 1986 Con- a nondisclosure requirement in U.S. district warrants approximately 155 times since pas- gress authorized ‘‘roving’’ wiretaps in crimi- court. If an NSL recipient challenges the sage of the PATRIOT Act on October 26, 2001 nal cases that allowed for the surveillance to prohibition on disclosure more than a year out of the tens of thousands of search war- target a person rather than a specific phone after the NSL is issued, the Justice Depart- rants authorized each year. These warrants or communications device. However, prior to ment must re-certify that nondisclosure is make up fewer than 1 in 500 search warrants the PATRIOT Act, this authority did not necessary, or else the nondisclosure require- obtained in that period. Delayed-notice exist for international spying or terrorism ment lapses. This civil liberty safeguard con- search warrants have been a valuable tool cases; thus, for these cases the government tained in the conference report does not used by law enforcement for decades. Like had to return to the FISA Court and apply exist under current law. all criminal search warrants, a delayed-no- for a new wiretap every time the suspected PATRIOT Act Conference Report Civil Liberty tice search warrant is issued by a federal spy or terrorist used a different phone or Safeguard #17—Narrowing the Deference Given judge only upon a showing that there is prob- communications device. This costly, cum- to the Justice Department on a National Secu- able cause to believe that a crime has been bersome, and time-consuming requirement rity Letter (NSL) Nondisclosure Certification: or will be committed and that the property served as a major impediment in foreign spy- The PATRIOT Act conference report pro- sought or seized constitutes evidence of this ing and terrorism investigations. The PA- vides greater judicial discretion by nar- criminal offense. Notice is delayed only to TRIOT Act extended the ‘‘roving’’ wiretap

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00246 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 704 EXTENSIONS OF REMARKS February 1, 2006 authority to international spying and ter- The Tourette Syndrome education program gomery, an exemplary community leader, rorism cases by allowing a FISA Court judge provides intensive training and education businessman and citizen from Kentucky’s Sec- to authorize a ‘‘roving’’ wiretap provided the about Tourette Syndrome for the public, physi- ond Congressional District. A charter member applicant demonstrates there is probable cians, allied healthcare workers, and teachers. cause to believe the target is a foreign spy or of the CORE Committee at Fort Knox, Steve terrorist. Its objectives are to increase recognition and is stepping down from his duties after 14 PATRIOT Act Conference Report Civil Liberty diagnosis, decrease the stigma, increase the years of dedicated service marked by tremen- Safeguard #24—Requiring Court Notification provision of and improve the nature of treat- dous growth and success. Within 10 Days of Conducting Surveillance on a ments, decrease negative impacts on families, New Facility Using a ‘‘Roving’’ Wiretap: and improve academic outcomes for children Steve Montgomery first came to Radcliff, KY The PATRIOT Act conference report ad- with this disorder. in 1983 to buy and operate an auto dealer- dresses concerns the ‘‘roving’’ wiretap au- In May 2004, Chairman REGULA indicated in ship. He has remained in the community for thority could be abused by requiring the in- a letter to the CDC Director that the money 22 years, distinguishing himself as a business vestigators to inform the Foreign Intel- leader and good neighbor. As a charter mem- ligence Surveillance Act (FISA) Court with- Congress was appropriating to help those with Tourette Syndrome should be sole-sourced to ber, Steve has served on the CORE Com- in 10 days when the ‘‘roving’’ surveillance mittee since its inception. One of Steve’s first authority is used to target a new facility. the Tourette Syndrome Association. He re- PATRIOT Act Conference Report Civil Liberty spected TSA’s expertise, and I congratulate recorded duties was to arrange a meeting for Safeguard #25—Requiring Ongoing FISA Court him for recognizing that they would be the en- the group with MG Foley, then Fort Knox Notification of the Total Number of Places or tity best able to undertake the following kinds Commanding General. MG Foley was briefed Facilities Under Surveillance Using a ‘‘Roving’’ of successful and efficient use of the funds. It on the details of CORE activities and objec- Wiretap: is my sincere hope that CDC will continue to tives at the congressional, state and Fort Knox The PATRIOT Act conference report en- work in partnership with TSA, so they can levels. Following their initial meeting with Sen- hances judicial oversight to address any con- ator MCCONNELL in 1992, the CORE Com- cerns that the ‘‘roving’’ wiretap authority build upon the successes they have dem- could be abused. Specifically, the conference onstrated to date. mittee was directed to devote primary focus report requires the Foreign Intelligence Sur- TSA, in partnership with the CDC, com- on securing the future of Fort Knox. In this ef- veillance Act (FISA) Court to be informed on pleted the first year of the program on August fort, the Committee has ably managed numer- an ongoing basis of the total number of 31, 2005 and began the second year on Sep- ous challenges throughout the years that have places or facilities under surveillance using a tember 1, 2005. In the first year, TSA offered followed. ‘‘roving’’ wiretap authority. 25 expert medical education programs, as well In 1992, the Committee played a major role PATRIOT Act Conference Report Civil Liberty as five major education-allied professional pro- in the decision to relocate USAREC Head- Safeguard #26—Requiring Additional Specificity grams. The medical programs trained 2,149 in a FISA Court Judge’s Order Authorizing a quarters to Fort Knox after Fort Sheridan physicians, nurses and medical-related allied ‘‘Roving’’ Wiretap: closed. Soon thereafter, the CORE Committee professional while the education programs The PATRIOT Act conference report ad- began conducting informational briefings for trained 745 teachers and school-based allied dresses concerns about vagueness about the local governments and business requesting target in a Foreign Intelligence Surveillance professionals. These program sites were well monetary support. Steve Montgomery was Act (FISA) Court judge’s order authorizing a distributed across the country. ‘‘roving’’ wiretap in foreign spying and ter- An April 2005 analysis found that 73.5 per- elected Vice Chairman in 1993 and imme- rorism investigations by requiring addi- cent of the physicians who responded to diately worked to build a strong rapport with tional specificity. The conference report re- TSA’s evaluation reported that over half of the Kentucky’s Congressional Delegation. Steve quires the FISA Court judge’s order author- material presented in the training was new to was elected Chairman of the CORE Com- izing a ‘‘roving’’ wiretap to specify ‘‘the mittee in 1996. During his Chairmanship, Fort identity, if known, of the specific target’’ of them. The Tourette Syndrome Association also Knox has endured an especially active decade the surveillance. Current law requires ‘‘the as the post adapted to a new security environ- identity, if known, or a description of the videotaped Dr. John Walkup’s presentation on target.’’ This new civil liberty safeguard is ‘‘Diagnosis and Treatment of Tourette Syn- ment, carried on a wartime training mission, not included in current law. drome’’ which has been made available on managed BRAC considerations and the signifi- PATRIOT Act Conference Report Civil Liberty TSA’s website as the first of several Con- cant administrative changes that have fol- Safeguard #27—Providing a Four-Year Sunset tinuing Medical Education (CME) programs. lowed. on FISA ‘‘Roving’’ Wiretaps: To learn more about Tourette Syndrome or to Under Steve Montgomery’s leadership, Despite no evidence that the FISA ‘‘rov- view this presentation please, visit http://tsa- ing’’ wiretap authority has been abused, the funding was secured to modernize facilities, PATRIOT Act conference report aggressively usa.org. such as the new STARBASE barracks, signifi- attempts to avoid any potential abuse of All ready for year two of this program, the cantly enhancing Fort Knox’s future viability. FISA ‘‘roving’’ wiretaps by providing a four- Tourette Syndrome Association has scheduled Perhaps Steve’s greatest legacy will be his year sunset of this authority. This civil lib- twenty medical education programs and sev- tireless promotion of Fort Knox’s military value erty safeguard will ensure Congress revisits enteen education programs. TSA also plans to during Base Realignment and Closure pro- this authority in four years. videotape Dr. Jorge Juncos offering training ceedings in 2005. Because of his critical con- f for neurologists in both English and Spanish tributions, working with the Governor, Mem- for a future CME presentation on TSA’s bers of Congress, and private consultants, PROVIDING FUNDS FOR TOURETTE website. SYNDROME RESEARCH Fort Knox remains open today, adapting to a It is in the best interest of the Centers for new mission as a vital multi-functional home to Disease Control and Prevention to continue its operational Army forces and various adminis- HON. PETE SESSIONS partneship with the Tourette Syndrome Asso- trative commands. Steve leaves the CORE OF TEXAS ciation, so that this established program will Committee having completed the mission he IN THE HOUSE OF REPRESENTATIVES continue to reach medical and education spe- was assigned many years earlier in the com- cialists across the country. Wednesday, February 1, 2006 mittee’s nascence. f Mr. SESSIONS. Mr. Speaker, I rise today to It is my great privilege to recognize Steve applaud Congress for including $1.8 million for HONORING STEVE MONTGOMERY Montgomery today, before the entire U.S. Tourette Syndrome research in H.R. 3010, House of Representatives, for his example of Departments of Labor, Health and Human HON. RON LEWIS leadership and service. I ask my colleagues to Services, and Education, and Related Agen- OF KENTUCKY join me in congratulating him for his invaluable cies Appropriations Act of 2006, and to en- IN THE HOUSE OF REPRESENTATIVES contributions to the CORE Committee, Fort courage the Centers for Disease Control and Knox, and the Greater Radcliff community. His Prevention (CDC) to continue its partnership Wednesday, February 1, 2006 unique achievements make him an out- with the Tourette Syndrome Association Mr. LEWIS of Kentucky. Mr. Speaker, I rise standing American worthy of our collective (TSA). today to pay public tribute to Steve Mont- honor and respect.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00247 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 705 REMEMBERING THE SPACE casion of the anniversary of this mission and TREATY OF GUADALUPE HIDALGO SHUTTLE ‘‘COLUMBIA’’ CREW the loss of the Columbia crew. We also honor the memory of the Challenger, Mission STS HON. MADELEINE Z. BORDALLO 51–L, and the Apollo 1 crews, and all pioneers HON. TOM UDALL OF GUAM who have lost their lives in the mission to explore space. OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, February 1, 2006 f Ms. BORDALLO. Mr. Speaker, I rise today HONORING A NATIONAL LEADER Wednesday, February 1, 2006 to remember the astronauts of Mission STS– IN CHILD SAFETY: DR. ROBERT 107 who lost their lives on February 1, 2003, SANDERS Mr. UDALL of New Mexico. Mr. Speaker, to- when our Nation lost the Space Shuttle Co- morrow is an important date in America’s his- lumbia. The crew included Rick Husband, Wil- HON. JIM COOPER tory. On February 2, 1848, the Treaty of Gua- dalupe Hidalgo was signed, ending the Mexi- liam ‘‘Willie’’ McCool, Michael Anderson, David OF TENNESSEE can-American war. I ask that my colleagues in Brown, Laurel Clark, Kalpana Chawla, and IN THE HOUSE OF REPRESENTATIVES Colonel Han Ramon. Congress and all New Mexicans join me in Wednesday, February 1, 2006 Commander William ‘‘Willie’’ C. McCool was commemorating this significant date. a son of Guam. Commander McCool, who at- Mr. COOPER. Mr. Speaker, I rise today to In 2000, New Mexico’s Senators BINGAMAN honor one of our nation’s most important tended Dededo Middle School and John F. and DOMENICI requested a study by the Gen- Kennedy High School on Guam, was the pilot voices in the fight to protect our children: Dr. eral Accounting Office to investigate whether of the Columbia on Mission STS–107. He Robert Sanders. the United States fulfilled its obligations under Today it is almost impossible to imagine but, proudly carried the Guam flag with him on the the Treaty with regard to community land mission. Commander McCool’s life and serv- as recently as the late 1970s, there were no grants made by Spain and Mexico in what is ice to our Nation and our world holds special laws requiring that young children be buckled now the State of New Mexico. I was proud to meaning to the people of Guam. into safety seats while traveling in a vehicle. join in their effort because of the importance of STS–107, like other Space Shuttle missions, Dr. Sanders, a soft-spoken pediatrician from this issue to many of my constituents. sought to broaden our understanding of the my home state of Tennessee, had seen what world in which we live and of the heavens be- happens to children in an automobile accident In June of 2004 the General Accounting Of- yond. That mission, and the work of STS–107, when they are not protected. He knew that so fice issued its final report in response to the represents the best of human endeavor. Willie many of those injuries and deaths were pre- requested investigation. The GAO also identi- McCool understood this. On January 29, 2003, ventable. And Dr. Sanders decided then and fied for consideration by Congress a range of Commander McCool reported from orbit high there that someone had to speak out on be- possible options in response to community above the Earth, ‘‘From our orbital vantage half of children and their safety. land grant concerns. Additionally, last month, point, we observe an Earth without borders, Starting with the Tennessee General As- a group of land grant community leaders sub- full of peace, beauty and magnificence, and sembly, Dr. Sanders and his wife Pat spent mitted its own ambitious proposal to resolve we pray that humanity as a whole can imagine countless hours presenting medical data. Their this situation. I want to thank them for their ef- a borderless world as we see it and strive to facts and their passion overcame initial forts in drafting this plan, and I look forward to live as one in peace.’’ Willie McCool gave his doubts. In 1977, thanks to the vision and de- working with the New Mexico delegation and life in pursuit of that dream. It is a dream that termination shown by Dr. and Mrs. Sanders, the land grant communities to consider all should be honored, and one that should be an Tennessee became the first state in the nation possible approaches. inspiration to us as well as our children. to adopt a law mandating that all children For that reason, on February 11, 2003, I in- under the age of 4 must ride in a safety seat. Regardless of any individual’s personal troduced H.R. 672, a bill to rename the Guam State by state, the rest of the nation followed. thoughts on celebrating the anniversary of the South Elementary/Middle School after Com- Today all 50 states require this protection for signing of the Treaty of Guadalupe Hidalgo, mander McCool. The President signed H.R young children. February 2nd is a significant event in the his- 672 into law on April 11, 2003. And today, as Dr. Sanders passed away on January 19th tory of the New Mexico and the United States. namesake to the Commander William C. after a long illness. He leaves behind his wife, The Treaty is a living document in much the McCool Elementary/Middle School, Willie Patricia Pelot Sanders, and two children. And same way that the U.S. Constitution is. Many McCool’s dream of a borderless world of he leaves behind a legacy of fighting for the believe, however, that our Federal Govern- peace lives on. needs of others. Even after he had won the ment has failed to honor the commitments it Exploration of space is exciting and inspir- battle for child safety seats, he continued to made in the Treaty of 1848 in respect to the ing. Rocketing into the heavens and returning speak out on issues such as the need for seat property rights of community grants. Many to Earth represents the best of American inge- belt laws, health care reform and environ- Mexicans who became American citizens as a nuity and courage. Manned space travel was mental protections. His work earned him the result of the Treaty lost all right and title to once only a science fiction writer’s dream. Our love and appreciation of his community and much of their lands. Nation made it a reality. Landing a man on the citizens across the state of Tennessee, as well During the 107th Congress, I introduced Moon and returning him safely to the Earth as awards from groups including the Ten- H.R. 1823, the Guadalupe Hidalgo Treaty was thought to be impossible. Our Nation nessee Medical Association, the Tennessee Land Claims Act, which would have estab- proved the critics wrong. Routine missions to Public Health Association and the Tennessee lished a Presidential commission to determine space flown by the Space Shuttle were con- Pediatric Society. and evaluate the validity of certain land claims sidered frivolous. But our Nation remains Dr. Robert Sanders believed that each cit- arising out of the Treaty of Guadalupe Hidalgo proud of the Space Shuttle program, the As- izen had a responsibility to help others when- of 1848 involving the descendants of persons tronaut corps, and the contributions to ever possible. Dr. Sanders lived his life doing who were Mexican citizens at the time of the science, to other fields of study, and the prac- that every day. In addition to his public policy Treaty. The GAO also recommended such a tical applications of technology that regular work, he served as chief physician and direc- commission as one of their options for consid- space travel have made possible. With the tor of the Rutherford County Health Depart- eration by Congress. perspective that only orbiting the Earth can ment from 1969 until his retirement in 1991. provide a man, Willie McCool was inspired to Dr. Robert Sanders will be missed in Middle For 158 years, descendants have been dream of a borderless world of peace. That Tennessee. He will be missed by many who, fighting to get the Federal Government to look dream makes me proud. And achieving this like me, had the privilege of working alongside into this matter. I am very proud to be part of dream should be the foundation upon which him as he fought for better health care poli- the effort to bring justice to this issue. In order future manned spaceflight is based. cies. And he will be missed by all of us who to move on, we need to close this sad chapter Let us renew our commitment to space ex- were fortunate to know him as a neighbor, a in our Nation’s history. We have an obligation ploration and manned space flight on the oc- friend and an inspiration. to do no less.

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00248 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 706 EXTENSIONS OF REMARKS February 1, 2006 REMEMBERING THE HOLOCAUST attack followed in Rostov-on-Don, with the FEBRUARY 7 WHILE FIGHTING ANTI-SEMITISM attacker thankfully being stopped inside the 9:30 a.m. synagogue before anyone was hurt. Armed Services As Co-Chairman of the U.S. Helsinki Com- To hold hearings to examine the defense HON. CHRISTOPHER H. SMITH authorization request for fiscal year OF NEW JERSEY mission, I have worked over the past four years with other Members of Congress and 2007 and the future years defense pro- IN THE HOUSE OF REPRESENTATIVES gram. parliamentarians from around the world to fight Wednesday, February 1, 2006 SD–106 anti-Semitism. I was pleased to have either Foreign Relations Mr. SMITH of New Jersey. Mr. Speaker, the authored or cosponsored three resolutions at To hold hearings to examine common de- anniversary of the liberation of the Auschwitz- the OSCE Parliamentary Assembly, which fense to common security relating to Birkenau death camps is often selected as the condemned anti-Semitism, while also being a NATO. day to honor those murdered at the hands of principal sponsor to the Global Anti-Semitism SD–419 the Nazis and their collaborators. More than Review Act that passed the Congress and 10 a.m. one million people were killed at Auschwitz was signed into law by President Bush in Finance To hold hearings to examine the Presi- before the survivors were liberated on January 2004. Internationally, the OSCE has held three dent’s proposed budget request for fis- 27, 1945. Appropriately, each January 27, in- international meetings focusing on anti-Semi- cal year 2007 for the Department of the dividuals and governments around the world tism and has pledged to hold another major Treasury. pause to remember those individuals mur- conference in Romania in 2007. SD–215 dered by the Nazis during the Holocaust. Also Mr. Speaker, while our struggle continues, 2 p.m. known as the Sho’ah, Hebrew for ‘‘calamity,’’ we have made progress, moving governments Judiciary the Holocaust witnessed the death of six mil- and international organizations to begin to act. To hold hearings to examine judicial To reverse Edmund Burke’s truism, what is nominations. lion Jews by the Nazi killing machine, many of SD–226 them in concentration camps or elsewhere in necessary for the triumph of good over evil is 3 p.m. a web that stretched throughout the heart of for good men and women to take action. Budget Europe. Millions of individuals—political dis- f To hold hearings to examine the Presi- dent’s fiscal year 2007 budget proposal. sidents, Jehovah’s Witnesses, those with dis- SENATE COMMITTEE MEETINGS abilities, and others including entire Romani SD–608 families—also perished at the hands of the Title IV of Senate Resolution 4, Homeland Security and Governmental Af- agreed to by the Senate on February 4, fairs Nazis. Federal Financial Management, Govern- Holocaust Remembrance Day also cele- 1977, calls for establishment of a system for a computerized schedule of all ment Information, and International brates those brave souls who faced unimagi- Security Subcommittee nable horrors and lived to tell of their experi- meetings and hearings of Senate com- To hold hearings to examine Federal ences. In a historic first, late last year the mittees, subcommittees, joint commit- agencies and conference spending. United Nations designated January 27 as tees, and committees of conference. SD–342 International Holocaust Remembrance Day. This title requires all such committees Initial drafters of the resolution—Australia, to notify the Office of the Senate Daily FEBRUARY 8 Canada, Israel, Russia and the United Digest—designated by the Rules Com- 9:30 a.m. mittee—of the time, place, and purpose Environment and Public Works States—were joined by 100 nations in spon- To hold hearings to examine pending soring the resolution in the General Assembly. of the meetings, when scheduled, and any cancellations or changes in the nominations. Other international organizations, like the Or- SD–628 ganization for Security and Cooperation in Eu- meetings as they occur. Foreign Relations rope (OSCE), have done much to ensure the As an additional procedure along To hold hearings to examine Iraq sta- lessons of the Holocaust are taught in schools with the computerization of this infor- bilization and reconstruction. across Europe, including the former Soviet mation, the Office of the Senate Daily SH–216 Union. In addition, the Belgian Chair-in-Office Digest will prepare this information for 10 a.m. printing in the Extensions of Remarks Finance of the OSCE held a commemorative event for To hold hearings to examine implemen- Holocaust victims on January 27 in Brussels. section of the CONGRESSIONAL RECORD on Monday and Wednesday of each tation of the new Medicare drug ben- Unfortunately, while the Holocaust is rightly efit. remembered, its lessons have yet to be fully week. SD–215 Meetings scheduled for Thursday, learned. Early on, the world said ‘‘Never Commerce, Science, and Transportation February 2, 2006 may be found in the Again’’ to genocide, only to allow genocide to National Ocean Policy Study Sub- Daily Digest of today’s RECORD. happen again in Bosnia-Herzegovina and committee MEETINGS SCHEDULED To hold hearings to examine S. 1215, to Rwanda in the 1990s, and in Darfur today. authorize the acquisition of interests The establishment of international tribunals to in underdeveloped coastal areas in seek justice in response to these crimes may FEBRUARY 3 order better to ensure their protection indicate some progress, but the best way to 9:30 a.m. from development. honor the lives of those who died during the Joint Economic Committee SD–562 Holocaust or in subsequent genocides would To hold hearings to examine the employ- 10:30 a.m. be to have the resolve to take decisive action ment-unemployment situation for Jan- Budget to try to stop the crime in the first place. uary 2006. To continue hearings to examine the 2212 RHOB President’s fiscal year 2007 budget pro- Some heads of state refuse to recognize posal. even the existence of the Holocaust. FEBRUARY 6 SD–608 Mahmoud Ahmadinejad, the President of Iran, 9:30 a.m. 2:30 p.m. made the outrageous claim on December 14 Judiciary Commerce, Science, and Transportation that Europeans had ‘‘created a myth in the To hold hearings to examine wartime ex- Consumer Affairs, Product Safety, and In- name of Holocaust.’’ Showing his virulent anti- ecutive power and the NSA’s surveil- surance Subcommittee Semitic nature, two months earlier in October, lance authority. To hold hearings to examine protecting he said Israel is ‘‘a disgraceful blot’’ that Room to be announced consumers’ phone records. SD–562 should be ‘‘wiped off the map.’’ While 2 p.m. Ahmadinejad’s anti-Semitic hate is shocking, Homeland Security and Governmental Af- fairs FEBRUARY 9 other hate mongers have physically attacked To resume hearings to examine Hurri- 9:30 a.m. Jews. In early January, a knife-wielding skin- cane Katrina response issues, focusing Foreign Relations head shouting ‘‘I will kill Jews’’ and ‘‘Heil Hit- on managing law enforcement and To hold hearings to examine new initia- ler’’ burst into a Moscow synagogue and communications in a catastrophe. tives in cooperative threat reduction. stabbed at least eight worshippers. A copycat SD–342 SD–419

VerDate Sep 11 2014 13:27 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00249 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR01FE06.DAT BR01FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 1, 2006 EXTENSIONS OF REMARKS 707 10 a.m. FEBRUARY 15 Program (Title XVI of Public Law 102– Commerce, Science, and Transportation 10 a.m. 575). To hold an oversight hearing to examine Commerce, Science, and Transportation SD–366 commercial aviation security, focusing To hold hearings to examine video fran- on Transportation Security Adminis- chising. MARCH 1 tration’s aviation passenger screening SD–562 2:30 p.m. programs, Secure Flight and Reg- 11 a.m. Commerce, Science, and Transportation istered Traveler, to discuss issues that Energy and Natural Resources Disaster Prevention and Prediction Sub- have prevented these programs from Business meeting to consider the Presi- committee being launched, and to determine their dent’s views and estimates to be sub- To hold hearings to examine winter future. mitted to the Committee on the Budg- storms. SD–562 et. SD–562 SD–366 Energy and Natural Resources 2:30 p.m. MARCH 9 To hold hearings to examine the Presi- Commerce, Science, and Transportation 10 a.m. dent’s proposed budget request for fis- To hold hearings to examine develop- Commerce, Science, and Transportation cal year 2007 for the Department of En- ments in nanotechnology. To hold hearings to examine aviation se- ergy. SD–562 SD–366 Energy and Natural Resources curity and the Transportation Security Finance Public Lands and Forests Subcommittee Administration. To hold hearings to examine the Presi- To hold hearings to review the progress SD–562 dent’s proposed budget request for fis- made on the development of interim MARCH 16 cal year 2007 for the Department of and long-term plans for use of fire re- Health and Human Services. tardant aircraft in Federal wildfire 10 a.m. SD–215 suppression operations. Commerce, Science, and Transportation Health, Education, Labor, and Pensions SD–366 Disaster Prevention and Prediction Sub- To hold hearings to examine global com- committee To hold hearings to examine impacts on petitiveness. FEBRUARY 16 aviation regarding volcanic hazards. SD–430 9:30 a.m. SD–562 2:30 p.m. Armed Services To hold hearings to examine priorities Energy and Natural Resources MARCH 30 To hold hearings to examine the Energy and plans for the atomic energy de- 10 a.m. Information Administration’s 2006 an- fense activities of the Department of Energy and to review the President’s Commerce, Science, and Transportation nual energy outlook on trends and proposed budget request for fiscal year Disaster Prevention and Prediction Sub- issues affecting the United States’ en- 2007 for atomic energy defense activi- committee ergy market. ties of the Department of Energy and To hold an oversight hearing to examine SD–366 the National Nuclear Security Admin- National Polar-Orbiting Operational istration. Environmental Satellite System. FEBRUARY 14 SD–106 SD–562 9:30 a.m. 2:30 p.m. Armed Services Commerce, Science, and Transportation To hold hearings to examine NOAA budg- To resume hearings to examine the de- POSTPONEMENTS fense authorization request for fiscal et. year 2007 and the future years defense SD–562 FEBRUARY 9 program. FEBRUARY 28 SD–106 2:30 p.m. 10 a.m. 2 p.m. Commerce, Science, and Transportation Veterans’ Affairs Veterans’ Affairs To continue oversight hearings to exam- To hold hearings to examine the Presi- To hold hearings to examine legislative ine commercial aviation security, fo- presentation of the Disabled American cusing on physical screening of airline dent’s proposed budget request for fis- Veterans. passengers, including issues pertaining cal year 2007 for the Department of SD–106 to Transportation Security Adminis- Veterans Affairs. 2:30 p.m. tration’s Federal passenger screener SR–418 Energy and Natural Resources force, TSA procurement policy, air Water and Power Subcommittee cargo screening, and the deployment of To hold hearings to examine the Bureau explosive detection technology. of Reclamation Reuse and Recycling SD–562

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