Senate the Senate Met at 9:30 A.M

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

Vol. 151 WASHINGTON, FRIDAY, DECEMBER 16, 2005 No. 162 Senate The Senate met at 9:30 a.m. and was Make them content to sow good seeds RESERVATION OF LEADER TIME called to order by the President pro in the knowledge that the harvest is The PRESIDENT pro tempore. Under tempore (Mr. STEVENS). certain. the previous order, the leadership time Help each of us to be led by You be- is reserved. PRAYER yond the portals of selfishness to the spaciousness of service. Love us until The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: we can live and love as we have been Let us pray. loved by You. We pray this in Your lov- Eternal spirit, by whose power people ing Name. Amen. MORNING BUSINESS are moved to work for the common f The PRESIDENT pro tempore. Under good of humanity, keep us aware of the previous order, there will be a pe- Your presence. Strengthen us by the PLEDGE OF ALLEGIANCE riod for the transaction of morning memory of people who invested their The President pro tempore led the business for up to 30 minutes, with the lives to serve Your purposes. Teach us Pledge of Allegiance, as follows: first half of the time under the control that You can bring order from chaos. I pledge allegiance to the Flag of the of the minority leader or his designee Empower our Senators today to do United States of America, and to the Repub- and the second half of the time under Your will. Touch them with Your pres- lic for which it stands, one nation under God, the control of the majority leader or ence and embrace them with Your love. indivisible, with liberty and justice for all. his designee.

NOTICE If the 109th Congress, 1st Session, adjourns sine die on or before December 20, 2005, a final issue of the Congres- sional Record for the 109th Congress, 1st Session, will be published on Friday, December 30, 2005, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 29. The final issue will be dated Friday, December 30, 2005, and will be delivered on Tuesday, January 3, 2006. Both offices will be closed Monday, December 26, 2005. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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

S13689

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.000 S16DEPT1 S13690 CONGRESSIONAL RECORD — SENATE December 16, 2005 they got. We toppled the Taliban in Af- protect our civil liberties and privacy, RECOGNITION OF THE MAJORITY ghanistan. We brought down Saddam and it contains new provisions to com- LEADER Hussein and dismantled his tyranny. bat terrorist financing and money The PRESIDENT pro tempore. The Yesterday, under the protection of laundering, to protect our mass trans- majority leader is recognized. brave American and Iraqi soldiers, 11 portation systems and railways from f million Iraqi people streamed to the attacks such as the ones on the London SCHEDULE polls to freely choose, for the first time subway last summer, secure our sea- in the country’s modern history, a per- ports, and fight methamphetamine Mr. FRIST. Mr. President, this morn- manent, democratically elected gov- drug abuse, America’s No. 1 drug prob- ing, after 30 minutes of morning busi- ernment of and by the people. It was a lem. ness, the Senate will resume consider- historic milestone for the Iraqi people. The clock is ticking. We do need to ation of the PATRIOT Act conference It was a historic milestone for freedom. take action now. In just 15 days—De- report. At approximately 11 a.m, the It proved once again that every day we cember 31—nearly all of the provisions Senate will vote on the motion to in- are making progress. of the PATRIOT Act expire. If they do, voke cloture on the PATRIOT Act. It is We are fighting the terrorist enemy we are right back to where we were my hope cloture will be invoked and at home and in the mountains of Af- pre-9/11. The information walls go right that we could then adopt the con- ghanistan, on the worldwide Web and back up. We cannot let this happen. We ference report during today’s session. in the streets of Baghdad. We are co- cannot lose ground. Senators should anticipate additional ordinating our efforts both inside and The House, as we all know, acted last votes on legislative and executive outside our borders so that we never week. They passed a conference report items we must complete action on be- have to suffer another terrorist attack. with a bipartisan vote of 251 to 174. fore breaking for the holidays, includ- In the days following 9/11, we learned Now is the time for the Senate to fol- ing a number of judges and other nomi- that the enemy had been able to elude low suit. nations. As all of our colleagues know, law enforcement, in part because our The choice is clear. Should we take a we have a lot of work to do and a lot to agencies were not able to share key in- step forward in making America safer accomplish over the next several days vestigative information. Once we un- or should we go back to the pre-9/11 before we break for the holidays. derstood this awful reality, we swiftly days when terrorists slipped through I thank our colleagues for their pa- took action. Within 6 weeks of the at- the cracks? I believe the answer is tience and their hard work. We are tacks on America, the Congress passed clear, and I believe we have only one working in a bicameral way. As our the USA PATRIOT Act with over- choice. colleagues know, much of this legisla- whelming bipartisan support. The Sen- I ask my colleagues who are threat- tion has to originate now and pass ate vote was near unanimous, with 98 ening to filibuster to take a closer look through the House before coming to us. Senators voting in favor. The PA- at that PATRIOT Act conference re- We are working with the House to get TRIOT Act went to work tearing down port. This reasonable compromise that legislation appropriately. the information wall between agencies reached by Senate and House nego- f and allowed the intelligence commu- tiators may not contain everything THE PATRIOT ACT nity and law enforcement to work that each and every Member in this more closely in pursuit of terrorist sus- body would like, but it is much closer Mr. FRIST. Mr. President, later this pects. to the Senate bill that passed unani- morning the Senate will vote on the Since then, it has been highly effec- mously than it is to the House bill. It issue of whether to limit debate on the tive in tracking down terrorists and includes 4-year sunsets on the most USA PATRIOT Act. I urge my col- making our country safer. Because of controversial provisions, just as in the leagues to support the cloture motion. the PATRIOT Act, the United States Senate version. And like the Senate The PATRIOT Act passed with near has charged over 400 suspected terror- version, it includes extensive privacy unanimous support 4 years ago. Since ists. More than half of them have al- and civil liberty safeguards, as well as its passage, this commonsense law has ready been convicted. Because of the enhanced congressional oversight. proved to be one of the most useful, im- PATRIOT Act, law enforcement has As we prepare to vote on cloture portant tools we have in our antiterror broken up terrorist cells all across the later this morning, I urge my col- arsenal. If we can take ourselves back country, from New York to California, leagues to join in support of this essen- to that morning on September 11, Oregon, Virginia, and Florida. tial legislation. many people were at work, many oth- In San Diego, officials were able to The FBI, the intelligence commu- ers on the way to work when we all use the PATRIOT Act to investigate nity, and our law enforcement need us heard and soon saw that shocking news and prosecute several suspects in an al- to act. The American people want us to that 19 young men had hijacked four Qaida drug-for-weapons plot. The in- act. American national security de- passenger planes and slammed them vestigation led to several guilty pleas. mands that we act. A nation in fear into the World Trade Center and into The PATRIOT Act also allowed pros- cannot be a nation that is free. the Pentagon, 3 or 4 miles away. A ecutors and investigators to crack the I urge my colleagues to stand up for fourth plane was en route, and its fate Virginia Jihad case, involving 11 men freedom and security for the United was unknown. who had trained for Jihad in northern States of America. The oceans separating us from them Virginia, Pakistan, and Afghanistan. It I yield the floor. suddenly vanished and America was specifically encourages information f struck with a horrific force we had sharing among the many branches of never seen before. Three thousand in- Government so that our crime-fighting RECOGNITION OF THE MINORITY nocent Americans lost their lives, and officials can adapt and respond more LEADER we learned on that dark day that out effectively to the terrorist threat. It The PRESIDING OFFICER (Mr. there, hiding in the shadows, is a pa- also levels the playing field, so that MARTINEZ). The minority leader is tient and brutal enemy, determined to law enforcement utilizes the tools they recognized. inflict colossal violence on our shores. already have in other kinds of criminal f This enemy does not wear a uniform cases, such as drug trafficking and mob or march under a national banner. It activity. It is now easier for law en- THE PATRIOT ACT hides among us as neighbors and co- forcement at all levels to appropriately Mr. REID. Mr. President, in approxi- workers, at subway shops and at cyber investigate and track suspected terror- mately an hour and a half, there will cafes. It hides in plain sight, plotting ists already in the United States. be a vote on the motion to invoke clo- and planning until the moment comes The conference report to reauthorize ture on the PATRIOT Act conference to inflict its massive and terrible cru- the PATRIOT Act includes all of these report. Rather than terminate debate elty. provisions and goes further to on this flawed piece of legislation, the On 9/11, our enemy declared war on strengthen and improve America’s se- Senate should work harder to achieve a the American people, and war is what curity. It enhances vital safeguards to strong, bipartisan PATRIOT Act that

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.001 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13691 strengthens national security while astation of the terrorist attacks of Vegas. They obtained the records of ev- protecting the privacy of innocent 2001. I, frankly, don’t think we took eryone who had rented a hotel room, Americans. enough time at that time to do it the car, or storage unit, and every airplane Earlier this year, after negotiations right way. That is why a number of us passenger who landed in the city of Las that went late into the night, the Sen- demanded the sunset provisions. Vegas. They obtained records, how ate Judiciary Committee unanimously Now, more than 4 years later, we are much they paid for their hotel room, approved a bill to reauthorize and im- presented with the opportunity to do it did they order any X-rated movies. I prove the PATRIOT Act. Soon after, right. don’t know what other information the full Senate passed this bill by While the conference report before us they got. unanimous consent. Every Senator, makes certain improvements over the When Las Vegas businesses objected Democrat and Republican, approved original PATRIOT Act, it still does not to this effort to gather unprecedented this reauthorization of the PATRIOT strike the right balance. amounts of information on their cus- Act. Every Democrat and every Repub- We can provide the Government with tomers, the FBI responded by serving lican in the Senate—every one of us—is the powers it needs to investigate po- them with national security letters. firmly on record in support of giving tential terrorists and terrorist activity According to one law enforcement law enforcement the appropriate tools and at the same time protect the free- source quoted in this piece, agents en- to fight terrorism. dom of innocent Americans. couraged voluntary disclosure of infor- We all know the House of Represent- Liberty and security are not con- mation by threatening to demand fur- atives is in shambles. Leadership is in tradictory. Additional congressional ther records, further profiles from the a state of disarray. and judicial oversight of the Govern- casinos about their guests. The spirit of bipartisanship that led ment’s surveillance and investigative Perhaps worst of all, what happened to passage of the Senate bill, because authorities need not hamper the Gov- in Las Vegas did not stay in Las Vegas, of the problems in the House of Rep- ernment’s ability to fight terrorism. but, instead, stayed in Federal resentatives, did not prevail in the con- I say to the Presiding Officer, some- databanks. It is still in the Federal ference. Not long after the House ap- one whose heritage is from the island databanks. None of the information pointed conferees, Democratic nego- of Cuba, where there is very little lib- gathered in that investigation has been tiators were shut out of discussions. In erty and very little security, we are in purged to this date. The rental and fact, Senator LEAHY’s staff was di- the United States of America. We are travel records of hundreds of thousands rected by the chairman of the Judici- not a dictatorship like Cuba. We can of innocent Americans remain in Gov- ary Committee in the House to leave have liberty and we can have security. ernment hands. the room. As I said, additional congressional Las Vegas first; was there any place The final bill was written by Repub- and judicial oversight of the Govern- else? Did they go to the New Year’s Eve lican-only conferees working behind ment’s surveillance and investigative celebration at Times Square in New closed doors with Justice Department authorities need not hamper the Gov- York? Did they go to the warm beaches lawyers. The result was an imbalanced ernment’s ability to fight terrorism. of Florida snooping and spying? conference report that departed signifi- These checks are needed to ensure that I have three major concerns about cantly from the bipartisan Senate bill. the Government does not overreach or this conference report. First, I am dis- Chairman SPECTER, to his credit, violate the privacy of ordinary Amer- turbed the conference report provides joined other conferees in refusing to sign the conference report. Over the ican citizens who have nothing to do neither meaningful judicial review nor with terrorism. a sunset provision for those provisions next few weeks, he and Senator LEAHY Is there any reason to be concerned? worked hard to improve it and suc- regarding national security letters. In- Yes. There is a reason to be concerned. ceeded in eliminating some of the stead of protections, this conference re- For example, the need for such worst provisions. port effectively turns these NSLs, as I commend and applaud the efforts of checks is based on a number of things, they are referred to, national security the chairman and our ranking member not the least of which is the story that letters, into administrative subpoenas. to work to improve this conference re- ran in the Washington Post in early For the first time, the report author- port. November of this year after the Senate izes the Government to seek a court But I am sorry to say, in my view— passed the bill. The story reported that order to compel compliance with one of and in the view of many of my col- the FBI issues more than 30,000 na- these letters. Recipients who do not leagues on both sides of the aisle—the tional security letters a year—30,000. comply could be found in contempt, conference report still does not contain These letters go to businesses. And fined, or even sent to jail. enough checks on the expanded powers they say: I want you to tell everything A third-party recipient, such as one granted to the Government by the PA- you know about Ron Weich, Gary of the Las Vegas hotels, could theoreti- TRIOT Act. It simply is not acceptable. Myrick, Russ Feingold, Herb Kohl. It cally challenge an NSL in court in I supported the passage of the origi- doesn’t matter who it is. And that per- order to protect the privacy of its cus- nal PATRIOT Act in 2001. This was en- son—the names I have mentioned—does tomers, but the conference report acted in the days immediately fol- not know that they have had this re- makes it unlikely such judicial review lowing the vicious attacks on Sep- quest to give all information about will matter because the court is not re- tember 11, 2001. I do not regret my them or any information about them. quired to find any individualized sus- vote. Much of the original act con- The person who has been requested to picion that the records sought are con- sisted of noncontroversial efforts to up- give the information can’t tell them. It nected to a terrorist. date and strengthen basic law enforce- is against the law to tell them. Second, I have significant concerns ment authorities. More than 90 percent These national security letters are about section 215, often referred to as of the 2001 act is already part of perma- issued by FBI agents without any judi- the library provision. Under a key pro- nent law and will not expire at the end cial supervision. The third party recipi- vision in the Senate compromise of this year. ents of these orders, such as banks, reached this summer, the Government We are currently considering renewal phone companies, and Internet service would have been required to show that of these provisions that were consid- providers, are prohibited, as I have the records sought under this provision ered so expansive and so vulnerable to said, from telling anyone that they had some connection to a suspected abuse that Congress wisely decided to have been served. The customers whose terrorist or spy. But under the con- subject them to 4-year sunsets, mean- records are seized will never know that ference report we have now before the ing that after 4 years they had to be re- the FBI has gathered their personal in- Senate, the Government may demand newed or they would fall. The authors formation. sensitive personal information of inno- of the act wanted Congress to reassess For example, the article described an cent Americans merely upon a showing these in a more deliberative manner incident at the end of 2003 in which the that the records are ‘‘relevant’’ to a with the benefit of experience. Department of Homeland Security terrorism investigation. The act of 2001 came, as I mentioned, compiled information of hundreds of For example, the Government may be when the country was feeling the dev- thousands of New Year’s visitors to Las broadly suspicious of individuals in a

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.003 S16DEPT1 S13692 CONGRESSIONAL RECORD — SENATE December 16, 2005 particular immigrant community. port or allowing the 16 PATRIOT Act have. I know there is a lot to do. I ap- Under section 215, the Government provisions to expire. I am a cosponsor preciate everyone’s courtesy. could go to the library in that commu- of S. 2082, introduced by Senator The PRESIDING OFFICER (Mr. nity and demand the records of library SUNUNU, to enact a 3-month extension ISAKSON). Under the previous order, the cardholders to see which individuals of the expiring PATRIOT Act so we can next 15 minutes is supposed to be con- are reading what. What about someone take the time we need to produce a trolled by the minority leader or his reading scientific texts, maybe even good bipartisan bill that will have the designee. Smithsonian or one of the magazines confidence of the American people. The Senator from Mississippi. people read dealing with automobiles, The majority leader said previously Mr. LOTT. Mr. President, I ask unan- or Scientific American? Are these peo- he won’t accept such a 3-month exten- imous consent that I be able to proceed ple considered terrorist threats? sion. I hope, if we fail in invoking clo- to a piece of legislation before we go to A court challenge to a section 215 ture, he would reconsider this. I am morning business. I think we have it order must be conducted in secret. At confident in the end that it would be so agreed to and worked out. the Government’s request, the recipi- much better that we extend this for 3 The PRESIDING OFFICER. Is there ent is not permitted to review Govern- months to see if we can reach an ac- objection to proceeding? ment submissions regardless of wheth- ceptable goal. Hearing none, the Senator is recog- er the Government has any national se- Based on that, I ask unanimous con- nized. curity concerns in that particular case. sent the cloture vote be vitiated, the f Moreover, the conference report does Judiciary Committee be discharged UNANIMOUS-CONSENT REQUEST— not permit any challenge to the auto- from further consideration of Senator H.R. 4440 matic permanent gag order under sec- SUNUNU’s bill, S. 2082, the 3-month ex- tion 215. tension of the PATRIOT Act, the Sen- Mr. LOTT. Mr. President, I ask unan- Third, the conference report contains ate proceed to its immediate consider- imous consent that the Senate proceed sections not included in either the ation, the bill be read the third time to the immediate consideration of Cal- House or Senate bills limiting the right and passed, and the motion to recon- endar No. 328, H.R. 4440. of habeas corpus in cases that have sider be laid upon the table. Mr. REID. Mr. President, reserving nothing to do with terrorism. These The PRESIDING OFFICER. Is there the right to object. provisions have not been passed by the an objection? The PRESIDING OFFICER. The mi- Senate or the House. One provision Mr. FRIST. Reserving the right to nority leader. would eliminate judicial review of object. Mr. REID. Mr. President, through the whether a State has an effective sys- The PRESIDING OFFICER. The ma- Chair to the distinguished junior Sen- tem in providing competent lawyers in jority leader. ator from Mississippi, it is my under- death penalty cases. That does not be- Mr. FRIST. Mr. President, with re- standing this is the Katrina matter we long in this. Such a far-reaching gard to the unanimous consent request, spoke about last night. change should not be inserted in an un- I need to be clear once again, and I Mr. LOTT. It is, Mr. President. related conference report. have over the last couple of days, that Mr. REID. Mr. President, I would say There are many other problems with I absolutely oppose a short-term exten- to my friend, we are very close to being the conference report that leaves large- sion of the PATRIOT Act. The House of able to have that cleared on this side. ly in place a definition of domestic ter- Representatives opposes such an exten- In fact, I have been very busy since rorism so broad it could be read to sion and the President will not sign early this morning. I have not had a cover acts of civil disobedience. For ex- such an extension. Extending the PA- chance to check with even my staff on ample, a few days ago we had members TRIOT Act does not go far enough. this yet. But I think we are close to of the clergy who, believing that the It is time to bring this to a vote this being able to do something very quick- budget before the House and the Senate morning. We will see what the outcome ly. So, therefore, I object. is immoral, were protesting, saying it of that vote is in terms of ending de- Mr. LOTT. Mr. President, let me say is a bad budget. There were a number bate. I don’t understand why opponents to Senator REID, I have been working of arrests. Are these individuals to be of the PATRIOT Act want to extend with the Senator and both sides of the deemed domestic terrorists? They legislation at this juncture that has aisle, and we are trying to make sure could be under the conference report. been fully debated, that has been the everybody understands what we are The conference report still contains a product of reasonable compromise and doing here. This is very critical legisla- catchall provision that authorizes a in a bipartisan way over the last sev- tion to aid the Katrina victims in all government to conduct a sneak-and- eral weeks and months. the affected States, including Texas, peek search upon a showing that notice With an extension, if that were to be Louisiana, Mississippi, and Alabama. would seriously jeopardize an inves- the case, we would not be able to take I hope we can get this agreed to tigation. Sneak and peek, what does it advantage of the civil liberty safe- shortly before we get into the extended mean? It means they can go into your guards that have been placed in the debate with regard to the other legisla- home, look around, see if there is any- conference report, the additional provi- tion, the PATRIOT Act. So as soon as thing that is incriminating, and then sions on protecting our ports, on ad- we could get notification from the come back out and seek permission to dressing money laundering by terror- Democratic leader, we are ready to pro- use what they have obtained all with- ists, protection of our railways and ceed. I will be standing by waiting for out telling you—which I believe is un- mass transit systems, fighting meth- that opportunity because there are American. amphetamine abuse. thousands of people waiting for this As many critics of the bill have ob- The PATRIOT Act represents a his- help, and they need it now. served, a good prosecutor could fit toric choice, a clear choice: Should we I thank Senator REID. And since he about any search under this provision. take a step forward or should we take has objected, I will withhold at this I say ‘‘good’’ prosecutor any pros- a step backward in keeping America time but will be on standby ready to go ecutor. He wouldn’t even have to be safe? momentarily. good. I object. I yield the floor. The Justice Department reported 90 The PRESIDING OFFICER. The ob- The PRESIDING OFFICER. Objec- percent of the searches that have taken jection is heard. tion is heard. place under sneak and peek under this Mr. REID. Mr. President, I will con- The Senator from New Hampshire. act have nothing to do with terrorism. tinue to work to reauthorize the PA- f For these and other reasons, this con- TRIOT Act in a way that gives the ference report does not meet the Amer- Government needed tools to protect ORDER OF PROCEDURE ican standard. It certainly should not national security while placing sen- Mr. GREGG. Mr. President, what is merit Senate approval. sible checks on those expanded powers. the regular order now? Are we in morn- Fortunately, we do not face the I apologize to all my colleagues. I am ing business for 15 minutes to the mi- choice of accepting this conference re- sorry I took more time than I should nority and 15 minutes to the majority?

VerDate Aug 31 2005 04:00 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.004 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13693 The PRESIDING OFFICER. The first most consecutive rollcall votes: 10,252 He didn’t buy into a culture that 15 minutes of morning business is to be between April of 1966 and October of treats Government spending like a tab controlled by the minority, the second 1988. And there are colleagues still that someone else will pick up, that 15 minutes by the majority. serving today who remember his daily tucks pork-barrel spending into bills Mr. GREGG. Mr. President, there- morning business speeches on the Sen- late at night, or lets boondoggles slip fore, ask that at the end of the minori- ate floor. by unnoticed. He knew that sunlight ty’s time I be recognized for 5 minutes. Most of these speeches were on the was the best disinfectant, and he I ask unanimous consent to be recog- Convention on the Prevention and Pun- wasn’t afraid to tear down the drapes, nized for 5 minutes of the period that ishment of the Crime of Genocide. This throw open the windows, and let the the majority has. convention languished in the Senate sun shine in on the legislative process. The PRESIDING OFFICER. Is there for over 20 years, viewed as a lost cause He didn’t shy away from public outrage objection? by its few supporters. But not William about what was wrong with the sys- Without objection, it is so ordered. Proxmire. He gave a speech about the tem—he brought that outrage to bear The Senator from Wisconsin. convention every day the Senate was as he fought to change the system for f in session from 1967 to 1986, when the the better. Anyone who comes to the FORMER SENATOR WILLIAM convention was ratified by the U.S. floor today to try to put the brakes on PROXMIRE Senate by a vote of 83 to 11—3,211 a wasteful project, or to try to push for speeches in all. One former staff mem- Mr. KOHL. Mr. President, I rise budget discipline, can thank Bill Prox- ber remembers that Senator Proxmire mire for the example he set, and for the today to mourn the passing and cele- was often the only Member on the floor brate the life of William Proxmire—a way he challenged the status quo. during his speeches, so he concentrated I am not just grateful for what Bill great Senator, a great Wisconsinite, on the Presiding Officer. So one by one, Proxmire did for our State, and our and a great man. It is particularly fit- he reasoned and cajoled his captive col- country, but, frankly, for the many ting that we pay tribute to Senator leagues into supporting this seminal Proxmire during this first part of things that he taught me. He was a human rights measure. tireless representative for our State. morning business—time he virtually William Proxmire didn’t only fight always controlled during his over 30 Watching Proxmire, you couldn’t help for his principles, he lived them. He but learn how important it was to lis- years in the Senate. He was a giant in was the last of the true populist politi- the Senate in a time when this Cham- ten—really listen—to the people you cians, who took no campaign contribu- represent, and how much you can learn ber was filled with giants. He followed tions, spent virtually nothing on his his conscience, lived his principles, from that genuine exchange of ideas. campaigns, and shook the hand of al- When Bill Proxmire hit the campaign said what he thought, and thought most everyone in the State of Wis- more actively and deeply than most. trail, it wasn’t about a barrage of ex- consin—whether they supported him or pensive ads. It was about connecting Senator Proxmire came to the Sen- not. Though he broke every rule of ate in 1957, winning a special election with voters and giving them a chance modern campaign strategy, he won his to have their say—even when they said to fill the seat of Joseph McCarthy. reelections in landslides and was be- Overjoyed at a Democratic pickup in a something you didn’t agree with. As he loved by the people of Wisconsin. once joked, ‘‘The biggest danger for a narrowly divided Senate, Majority Senator Proxmire leaves behind his politician is to shake hands with a man Leader Lyndon Johnson met Proxmire wife Ellen, five children, and nine who is physically stronger, has been at the airport to shake his hand. Two grandchildren. He also is mourned by drinking and is voting for the other years later, Senator Proxmire was on his Senate family, both those Senators guy.’’ And he knew that from experi- the floor of the Senate calling LBJ a who served with him and the members ence because nobody—nobody ever in ‘‘dictator’’ in a speech dubbed by the of his staff renowned for their profes- the history of American politics, I be- press as ‘‘Proxmire’s farewell address.’’ sionalism, intelligence and loyalty. lieve—shook more hands than Bill But that was Prox: independent, out- Neither Wisconsin nor the Senate will Proxmire. spoken, and not at all afraid to chal- see his equal again, and both are the And the people of Wisconsin loved lenge conventions or conventional wis- poorer for his passing. dom. In fact, there was very little that Mr. President, I yield the floor to my him for it. After an early career of was conventional about William Prox- colleague from Wisconsin, Senator some tough defeats, once he won, he just kept on winning, with reelection mire. FEINGOLD. He was a Democrat but not a reliable The PRESIDING OFFICER. The Sen- margins of 71 percent of the vote in vote for the Democrats—or the Repub- ator from Wisconsin is recognized. 1970, 73 percent in 1976, and 65 percent licans, for that matter. He was fiercely Mr. FEINGOLD. Mr. President, I in 1982, when he ran for a fifth 6-year protective of consumer rights, civil lib- thank the senior Senator from Wis- term. Incredibly, in those last 2 reelec- erties, and oppressed minorities all consin, my friend. tion campaigns he was reelected de- over the world—a true liberal Demo- Mr. President, anybody who grew up spite refusing contributions altogether. crat on social issues. But he also had a in Wisconsin in the second half of the A lot of the money he did spend in his legendary frugal streak, perhaps a 20th century regarded William Prox- campaigns was on postage to return do- product of his Harvard business school mire as a consummate Wisconsin polit- nations. background. He believed in the free ical figure. As somebody who wanted to run for market and business competition, and I rise, too, with great sadness to pay public office myself, and as somebody hated to see money wasted. His Golden tribute to one of Wisconsin’s and the who kept being asked again, ‘‘where Fleece awards and relentless scrutiny Nation’s great public servants. Senator are you going to get the money to of Department of Defense procurement Proxmire passed away early yesterday run?’’ Bill Proxmire gave me hope. His were renowned—and shamed the pow- morning at the age of 90. He was, sim- example helped me to believe that you ers-that-be into saving many hundreds ply put, a legend in Wisconsin, a man can run on ideas, not just on money. of millions of taxpayer dollars. who represented the very best of our And that example didn’t just help me He did not accept sloppiness or waste State, and who will be remembered as in my run for office, it helped inspire in Government or in the conduct of his one of the greatest advocates for a bet- me in the fight for the McCain-Fein- own business and personal affairs. He ter government, and a healthier democ- gold campaign finance reform bill, and started each day with hundreds of racy, to ever serve in this body. the ongoing fight against the undue in- push-ups and a 5-mile run. He de- On this very floor he railed against fluence of money in politics. manded of his office the same sort of Government waste, and against corrup- His example of real shoe-leather cam- efficiencies he demanded from the rest tion. I think the American people can paigning went hand in hand with his of Government and returned one-third be grateful to Bill Proxmire for so work on open Government. He didn’t of his office budget to the Treasury many things. But, perhaps most of all, just want to be accessible himself, he every year. we owe him a debt of gratitude for his thought all of Government should be He was as disciplined as he was deter- work to change the culture in Congress open and responsive to the people it mined. He still holds the record for when it comes to wasteful spending. served.

VerDate Aug 31 2005 04:00 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.006 S16DEPT1 S13694 CONGRESSIONAL RECORD — SENATE December 16, 2005 In this, as in so many things, he rep- He was as determined as they come, New Hampshire is recognized for 5 min- resented the true spirit of Wisconsin, it was that quality that served him so utes. which pioneered laws in this area. He well during his years in this body. It Mr. GREGG. Mr. President, I ask once said that ‘‘Power always has to be continued to serve him all his life, even unanimous consent that the 15 minutes kept in check; power exercised in se- as he fought a long and difficult battle which was to go to the majority for cret, especially under the cloak of na- against Alzheimer’s disease. morning business be expanded a little tional security, is doubly dangerous.’’ His wife Ellen, his children and bit and that 7 minutes be yielded to the Today, as we struggle for openness and grandchildren are in all of our Senator from Florida, then 5 minutes oversight on national security issues, I thoughts today. As we remember Wil- to the Senator from New Hampshire, think his words have never been more liam Proxmire, and all that he did, I and then 7 minutes to the Senator from true, and open, accountable govern- feel deeply proud that he represented Oklahoma. ment has never been more important. my State. He did great honor to the The PRESIDING OFFICER. Is there And then there’s Bill Proxmire’s les- State of Wisconsin by personifying the objection? son in courage. How many times did he highest standards of public service in Mr. KENNEDY. Reserving the right stand on this floor and say what needed this country. So I humbly honor his to object, and I don’t intend to, what is to be said, truly representing the peo- memory, and express my gratitude for the business before the Senate now? ple back home, saying what they would his outstanding service to our Nation The PRESIDING OFFICER. The Sen- say if they stood here themselves, to our democracy. ate is currently in morning business. about boondoggle projects, or the im- I yield the floor. Mr. KENNEDY. And what time do we portance of open government? Here was The PRESIDING OFFICER. The Sen- start the 1 hour prior to the cloture a man who knew what mattered, and ator from Pennsylvania. vote? knew how to bring attention to a cause Mr. SPECTER. Mr. President, I join The PRESIDING OFFICER. Under no one else was championing. the Senators from Wisconsin in prais- the previous order, there is 15 minutes He was perhaps most famous for his ing the late Senator William Proxmire. to be controlled by the majority at the Golden Fleece Awards, where he put Neither of the Senators currently rep- present time. Then the Senate will pro- the spotlight on the kind of waste that, resenting Wisconsin was in the Cham- ceed to the debate on the PATRIOT unfortunately, we still see too much of ber when Senator Proxmire was here. Act. in the Senate today. While most mem- The distinguished senior Senator, Mr. Mr. KENNEDY. At that time, after bers just let waste pass by unnoticed, KOHL, was elected in 1988, when Sen- this consent agreement, then the hour Proxmire was unrelenting. Here are a ator Proxmire retired. Senator FEIN- tolls prior to the cloture vote; am I couple choice examples of Golden GOLD was elected in 1992. I had the op- correct? Fleece winners: To the National Insti- portunity to serve 8 years with Senator The PRESIDING OFFICER. The hour tute of Dental Research in 1984, for Proxmire. He was a powerful figure. He begins. sponsoring a $465,000 study on the ‘‘ef- sat in the last row on the extreme Mr. KENNEDY. And the time is di- fects of orthodontia on psycho-social right-hand side, the seat now occupied vided? functioning’’; to 190 Federal officials in by Senator ROCKEFELLER. He was on The PRESIDING OFFICER. The Sen- September 1982, for door-to-door chauf- the floor every day talking about geno- ator is correct. feur service costing $3.4 million; and to cide. He was the conscience of the Sen- Mr. KENNEDY. So just as a point of the Law Enforcement Assistance Ad- ate, the conscience of the Congress, the information, what time do we expect ministration in February 1977, for a conscience of the country, really, the that time will begin, if the pending re- $27,000 study of why prison inmates conscience of the world speaking on quest for time is agreed to and what- want to escape. that subject every single day. ever time the floor leaders agreed to? I think that last one says it all about He never missed a vote. I don’t recol- The PRESIDING OFFICER. If the why the Golden Fleece awards struck lect exactly how many consecutive pending request is agreed to, that such a chord with the American public. votes he had, but I think it was in the would be 20 minutes from now. There’s a lot of numbness in Wash- range of 17,000 that he never missed. Mr. KENNEDY. I thank the Chair. ington to wasteful spending, but Bill He had a record for minimal expendi- The PRESIDING OFFICER. Is there Proxmire wasn’t numb to it. He was tures on campaigns for his own reelec- objection to the unanimous consent re- outraged by it. He had the innate aver- tion. I recollect the average figure was quest? sion to waste that the American people about $173. That figure sticks in my Without objection, it is so ordered. have, people who have to sit down at mind as to what he spent to be re- The Senator from Florida is recog- their kitchen tables, work out a budg- elected. There is some variance on nized for 7 minutes. et, and decide what they can afford, what it costs to be reelected today to f and what they can’t. They think that if the U.S. Senate, but he was a towering they have to do this, we should to. So figure. There ought to be more Sen- IRAQ ELECTION Senator Proxmire stood up and de- ators on the floor commenting about Mr. MARTINEZ. Mr. President, yes- manded a little common sense, and a him. Even our senior Senator, Mr. terday we saw a historic day in Iraq. measure of discipline for the Federal LOTT, was not elected until 1988 and For the third time in less than a year, budget. It was very courageous and Senator GREGG until 1992, so most of the people of Iraq did what only a cou- very representative of the people who the Senators who are around today ple of years ago would have been a sent him here, I can tell you. didn’t have the advantage of working dream: they voted in free elections. For This is a very sad day for our State. with Bill Proxmire. There is a dif- those of us who have the appreciation But it is also a day to reflect on the ference between knowing about him of democracy as a result of having Proxmire legacy, and to be proud of the and actually seeing him in action and lived where that is denied, the ink- impact he made on our state, and on seeing him work. But he is a legend. stained finger, the smiles, the the Nation. He was a fighter, literally The Senators from Wisconsin have celebratory atmosphere akin to a wed- and figuratively. He was a college box- spoken eloquently about him. I wanted ding is something to give us all hope. ing champ who managed to hold off to add my voice in tribute to Bill Prox- Yesterday was a relatively trouble- two people who tried to mug him near mire. He is still sitting in that chair. I free day. Seventy percent of Iraqis the Capitol, and then helped in a drag- still hear talk about the necessity to voted. Poll stations were open for an net that led to their arrest. He was a eliminate genocide. That voice, once extra hour because of such long lines. proud veteran, a newspaper reporter, lonely, is now the predominant voice. The turnout was so good that ballot and a dogged campaigner who lost A good bit of what he has said has been shortages were reported. This was three races for office and was written accepted around the world to the ben- clearly a successful day. off by a lot of people in Wisconsin poli- efit of humanity. How does a date like this come to be? tics before he won the race to fill the I yield the floor. How do we go from a brutal dictator- seat of Senator Joe McCarthy after The PRESIDING OFFICER. Under ship that threatens its citizens to a so- McCarthy died in 1957. the previous order, the Senator from ciety of free elections? The answer is

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.001 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13695 that it is about choices. Do people tude, and undying honor as we dem- kingmakers of that party to try to want a way of life built around tyr- onstrate unwavering determination to eliminate the threat of having the anny, oppression, and terrorism, or do complete this mission. American people actually meet their they want to embrace democracy, free- Thank you, Mr. President. I yield the candidates and be tested by those ques- dom, and prosperity? Clearly, the peo- floor. tions as they try to mute the New ple of Iraq have chosen the latter. Yes, The PRESIDING OFFICER. The Sen- Hampshire primary process. they have chosen the more difficult ator from New Hampshire is recognized This was said extraordinarily well in path, but the rewards will be enor- for 5 minutes. an article ironically written by a pro- mous. f fessor in England who is a specialist on the American political process. He I congratulate the people of Iraq for NEW HAMPSHIRE PRIMARY yesterday’s historic elections. History looks at New Hampshire as the last will judge these elections to be pivotal, Mr. GREGG. Mr. President, there is best hope to maintain a populist ap- vital to building democracy, and part an irony today as we look at Iraq. As proach to how we pick our Presidents and parcel of our efforts in the war on democracy is flourishing, the Demo- in this country. Rather than having to terror. cratic Party in the United States has have lots of money to pay for cam- As President Bush has highlighted in tried to contract the democratic proc- paigns in big States or large groups of several recent statements, in an unbe- ess by attempting to mute the New primary States or have a national lievably brief period of time, Iraq has Hampshire primary. name recognition that comes through made tremendous gains in democracy The New Hampshire primary is sort having cozied up to the national press, and freedom. I commend the Iraqi peo- of the last best hope for the dream that a candidate can come to New Hamp- ple for these unprecedented strides. anybody can become President in this shire with very little money, without The administration has outlined a country. It is the last opportunity in national name recognition, but with clear strategy for going forward: three this country for a person who is under- ideas, with purpose, with fire in their key tracks—political, economic, and funded and who has not been chosen by belly, and they can succeed in putting security—with realistic terms that the Washington talking heads as a po- themselves and injecting themselves avoid imposing unrealistic expecta- tential candidate of purpose to have into the Presidential process. tions and very dangerous time frames. the opportunity to go somewhere and It would be a huge detriment to a I want to mention the story of a con- actually make an impact. Underfunded, fundamental element of the American stituent of mine, a man who saw his nonrecognized candidates who have le- dream, which is that if you have pur- son go into the service of his country, gitimacy can succeed in New Hamp- pose, if you have substance, and if you who saw his son called to war, and then shire and, therefore, interject them- have a track record of success and have sadly was here in Washington this selves into the opportunity to become been a producer in our Nation, you can week to lay that son to rest at Arling- President. And it has happened time continue that course and pursue the ton National Cemetery. and again. Presidency. It will undermine fun- Bud Clay of Pensacola shared a letter The argument that New Hampshire is damentally the capacity of the Amer- from his son, SSG Daniel Clay of the not representative is belied by the ican people to participate in the pick- U.S. Marine Corps. Dan was one of 10 facts. Again and again, New Hampshire ing of a President if they don’t have marines killed in Iraq by a roadside has reflected an opportunity for people one place in this country where people bomb in Fallujah. Knowing the danger to come to New Hampshire, participate who want to be President have to actu- he faced, knowing the unpredictability in the process, make a name for them- ally answer questions from everyday of war, Staff Sergeant Clay wrote a let- selves, and move forward in the proc- Americans. ter to his family to be opened only in ess. I certainly hope the Democratic Henry Cabot Lodge upset Nelson the event of his death. Party will relent in its efforts to try to He wrote in part: Rockefeller and Barry Goldwater there. crush this one element of democracy Eugene McCarthy and George McGov- What we have done in Iraq is worth any which is so critical to our entire demo- sacrifice. Why? Because it was our duty. ern upset the candidates who were per- cratic process. That sounds simple. But all of us have a ceived to be the sure-fire winners of I ask unanimous consent that the ar- duty. It has been an honor to protect and their nomination, in fact, in one case, ticle written by Roddy Keenan, a pro- serve all of you. I faced death with the se- a sitting President. Jimmy Carter and fessor of American studies in England, cure knowledge that you would not have to. Bill Clinton not only came to New be printed in the RECORD. Staff Sergeant Clay writes: Hampshire and made a name for them- There being no objection, the mate- As a marine, this is not the last chapter. I selves as people not recognized nation- rial was ordered to be printed in the have the privilege of being one who has finally but moved on to become President RECORD, as follows: ished the race. I have been in the company of of the United States. Even Ronald [From the Concord (NH) Monitor, Dec. 16, heroes. I now am counted among them. Reagan, arguably, might not have be- 2005] He concludes by saying: come President of the United States EVEN FROM ACROSS THE POND, PRIMARY’S BEAUTY IS PLAIN TO SEE My race is over, my time in the war zone had he not had the opportunity to is over. My trials are done . . . Semper come to New Hampshire and partici- (By Roddy Keenan) Fidelis. pate in the national debate where he Gary Hart had just won New Hampshire. SSG Daniel Clay was laid to rest said: The race for the Democratic nomination had been turned on its head. And it was all be- I paid for this microphone, Mr. Green. Wednesday at Arlington National Cem- cause of New Hampshire. To a 14-year-old etery. He is a hero. We honor his sac- More importantly, New Hampshire watching the news in Ireland, this was all rifice, just as we honor the sacrifice of gives the people of this country the unfamiliar to me. But on that night in 1984, all those who have given so much in only opportunity they have to test can- a fascination was born for a nation’s politics this war. didates for President one on one. With- and for a picturesque snow-covered state in I conclude by again offering con- out any script, without any New England. gratulations to the people of Iraq. Con- prescreening, Presidential candidates Now, 21 years later, the New Hampshire primary is under attack. Watching from gratulations for going to the polls, for have to come to New Hampshire and go afar, I believe that attempts by Democratic taking another significant step forward into living rooms, they have to go into powers-that-be to dilute the primary come for your own future, and for embracing VFW halls, they have to go to Rotary with little justification, minimal fore- that glimmer of hope that your coun- clubs, and they have to go to union thought and an absence of logic. try can be as free, peaceful, and pros- halls. They have to answer questions I can only imagine that those looking to perous as any other society that re- from everyday American citizens, and create such mischief have never witnessed jects tyranny and entrusts its govern- those questions are tough. Regrettably, the process or are fitted with the blinkers of self-interest. ment to its people. time and again, candidates have not For these reforming politicians and offi- Soldiers such as Staff Sergeant Clay lived up to that test. cials deeming themselves to be redressing an are sustaining the development of Iraqi So what we have today in the Demo- absence of inclusiveness and decrying the un- forces. We owe them our respect, grati- cratic Party is an attempt by the representative nature of the primary, there

VerDate Aug 31 2005 04:00 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.010 S16DEPT1 S13696 CONGRESSIONAL RECORD — SENATE December 16, 2005 can be no greater example of being divorced and suicide bombs have been down 70 stops and realizes the bloody regime of from reality. percent. Saddam Hussein, yes, the targets for In a nation where voter turnout is a major There is a road that goes from where the terrorists right now are not Ameri- issue, the New Hampshire primary has no we get off the C–130s to go into the cans, they are Iraqis, and they are kill- such problem. Those casting aspersions on Green Zone. Mr. President, you have the democratic relevance of New Hampshire ing some of the Iraqis, but when one should look at their own states’ turnout be- been there. We were averaging about 10 stops and puts it on a chart, during the fore denigrating others. Moreover, the terrorist incidents on that road each 10 years that Saddam Hussein had his state’s primary provides for a greater show week up until June. We haven’t had bloody regime, on a monthly basis he of grassroots democracy than caucuses do. one since June. So we see all these was torturing to death more people The proposals to add more early caucuses good things are happening, and then than the terrorists are killing today. will only serve to exacerbate the problem of the unexpected quality of the training When one looks at the way that they front loading. we are getting for the Iraqi security have done it, the forms of torture, in- But it is the nature of the primary that I forces. These guys right now—and I clude gouging out of eyes, severe beat- believe will be the greatest loss to the na- think this is significant because people tion’s political and democratic culture. In a ings, electric shocks—there is a testi- college here in the United Kingdom, I teach keep asking, What is the exit strategy? monial here about a 3-month-old baby U.S. politics to students who receive their I can tell you what I believe. One Sen- girl who was taken, and they gouged view of the U.S. political system from var- ator believes we are going to be out. her eyes out in front of the father, ious media. Big money, stadium rallies and Right now there are 214,000 Iraqi sol- smashed her head and broke it open nonstop tarmac campaigns comprise the por- diers who are trained and equipped. At against a concrete wall. trayal they are presented with. the end of this month, while we are There is a lot of talk on the other That’s until I tell them of New Hamp- drawing down—we are drawing down shire—of town hall meetings, coffee klatches side of this issue about prisoner abuse. probably 15,000 to 20,000 of ours We do not have prisoner abuse. The and earnest discussion, of living rooms and troops—they are going to increase to factory gates in the snow, of genuine democ- documentation is right here about racy in action—the politics of people. 220,000. By the end of 2006, it is antici- what they do with their prisoners. It is deeply ironic that in the week that pated they will be at 300,000. The goal They will put them in shredders. If saw the passing of Eugene McCarthy, the fu- is to get 10 divisions of Iraqi security they are lucky, they will shred their ture of the New Hampshire primary is being forces. Ten divisions of Iraqi security head first. If they are unlucky, they challenged. His insurgent campaign in 1968 forces equal 325,000 troops. That will will put their feet in there. This is was a key factor in the democratization of happen by July of 2007. what has been happening over there, the system of presidential selection. In terms of the way we are func- but it is all over now, and they are in It was only because of the unique char- tioning now, we will be out of there, acter of New Hampshire, its people’s desire charge of their own destiny. but there will still be some troops I have enjoyed so much visiting with for serious political dialogue and the demo- there. We still have troops in Kosovo cratic character of the state’s primary that the members of Parliament who were such a challenge proved to be possible. and in Bosnia, but the heavy lifting going to be up for election. This would Long may it continue. Looking forward to will be over. They will be taking care have been on Wednesday, and they seeing you in ’08, ’12 and ’16. of themselves. were going to be up the next day. One I see the incredible courage of these The PRESIDING OFFICER. The Sen- lady was quite outspoken and quite people. Up in Fallujah 3 nights ago, I ator from Oklahoma is recognized for 7 negative in terms of what her people minutes. had all of the Iraqi security forces that had voted that day come in. They were were saying to her. I said: Did it ever Mr. INHOFE. Repeat the time, Mr. occur to you 5 years ago that there President. all rejoicing, and I said to them—this is kind of funny. I said to them, would be an opportunity for a woman The PRESIDING OFFICER. Seven through an interpreter: When is it to serve in Parliament, let alone to minutes. going to be that you are going to be talk the way you are talking? She f able to be on your own without our stopped and said: You know, I think IRAQ support? Is that going to be in the near that is right. So we are seeing such a change now Mr. INHOFE. Mr. President, I re- future? And they said: No, no—which broke in the attitudes. The polls look so turned 2 days ago from Iraq. There was my heart when I heard this. Then I good. The polls are showing that 70 per- an article in yesterday’s Hill magazine found out, in the Iraqi language, ‘‘yes’’ cent of the people in Iraq are appre- that was erroneous—there will be a means ‘‘na’am.’’ So they are saying, ciative of the Americans being there. correction printed—where they inac- ‘‘Yes, yes,’’ and when they shake their They want them to stay and get out curately stated the number of times I head this way, it also means ‘‘yes.’’ when they are able to stand up on their have been over to Iraq. It has actually Anyway, a little advice in case that own. been 10 times. I have been doing this happens to anyone. I met with the election commission, not because I am a member of the Sen- These people are ready. They are so and to handle the election the way ate Armed Services Committee, but be- proud of the level of training they have they did was totally unprecedented. We cause I believe it is our constitutional had. Keep in mind, this is in the Sunni could never have predicted how responsibility to see firsthand that our triangle. These are the Sunnis who are smoothly things would go. We talked guys over there are getting the equip- supposed to dislike us. to the people, and I want to particu- ment they need to prosecute the war, Several weeks ago, I was there and I larly pay tribute to IFES, the Inter- and they have been. met General Mahdi, who is in charge of national Foundation of Electrical Sys- I want to share with you what hap- the Iraqi security forces in Fallujah. tems. They have done a great job. They pened the first of this week because He had been in charge—under Saddam had people on the ground, and they even though the vote took place yes- Hussein he was a brigade commander. have truly been able to conduct an terday, on Thursday, the vote for the He hated Americans until he started election that is actually comparable Iraqi security forces actually took working with the Marines. He said he and better than many other mature place on Monday and Tuesday. We had learned to love the Marines so much countries, maturing democracies. It a chance to go up there and visit with that when they rotated them out, they has been a great success. I am rejoicing them. all got together and they cried. That with all the people of Iraq today and The interesting point is, we saw this guy right now, General Mahdi, is now with the people of America. coming. There have been a lot of politi- over the eastern one-third of the entire Lastly, I pay tribute to the brave cians coming back and talking about city of Baghdad. We do not have our people of Iraq who for the third time how bad things are over there. I can’t military there. It is all under Iraqi se- this year have gone to the polls in figure out where they get their infor- curity. We have half of the city under record number to vote for a brighter mation because as we have been ap- security now. It is going to be up to 75 and more democratic future in Iraq. proaching these elections over the last percent in a very short period of time. The early reports indicate that across few months, we have noticed the IED I think, when we see the successes— the 18 provinces of Iraq, Iraqis again incidents have been down 30 percent and even if that were not true, if one turned out in massive numbers to vote

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.002 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13697 in favor of a democratic Iraq. In doing when we could get this done? I know officers to fight this flood of illegal im- so the Iraqis demonstrated to us all the the Democratic leader has indicated we migration. importance of voting. are very close and should be able to get First of all, I want to make it clear Earlier this week I was in Iraq and this done momentarily. Do we have that I honor the millions of immi- had the opportunity to see first hand any information on that? grants that have come to this Nation, the preparations for the historic elec- Mr. FEINGOLD. Mr. President, my waited their turn, and gone through all tion on December 15. I even had a understanding is that colleagues are the requirements to become American chance to witness some of the early working to clear this continued citizens to make our great country voting that took place in Iraq. It was a Katrina tax relief issue and that there what it is today. I have spoken at moving experience and one that dem- is progress being made. That is the rea- many naturalization services and seen onstrated that the great sacrifice that son we are objecting. As soon as we can what these people have gone through America has made in Iraq helped to get it cleared, we will interrupt what to become American citizens. free people from tyranny and start we are doing to take it up. I agree with the 1997 U.S. Commis- them on the road to a democratic fu- The PRESIDING OFFICER. The Sen- sion on Immigration Reform that ture. ator from Mississippi. measured, legal immigration has ‘‘led’’ While in Baghdad, I met with the Mr. LOTT. Mr. President, I must say to create one of the world’s greatest Chairman of the Independent Election my patience is wearing thin. I have ‘‘multiethnic nations.’’ Commission of Iraq, IECI, Isadin Al been going through this for several I also agree with the Commission Mohamaady and the members of the days now and have been assured by the that immigrants who are ‘‘American- commission. I had an opportunity to Democratic leader himself that we ized’’ help cultivate a shared commit- see first hand the extensive prepara- would get this done this morning. I am ment to ‘‘liberty, democracy and equal tions that were being undertaken by expecting that to occur. I am going to opportunity’’ in our Nation. However, I the Iraqis. I was impressed by the sac- be standing right here waiting for that cannot stand idly by and watch this rifice made by the members of the signal from the Democratic leader. great Nation collapse under the pres- commission and their staff, many of The people of the area that have been sure of uncontrolled illegal immigra- whom have paid the ultimate price for damaged by Hurricane Katrina cannot tion. Roy Beck, Executive Director of democracy with their lives. However, wait any longer. I expect this to be Numbers USA, a non-profit organiza- the spirit that I found in Baghdad, done momentarily, and if it is not, tion dedicated to immigration reform, Fallujah, and everywhere I went, was there is going to be hell to pay this stated that ‘‘a presence of 8 to 11 mil- one of determination, professionalism, day. lion illegal aliens in this country is a and a dedication to making sure that I yield the floor. sign that this country has lost control Iraqis could freely select their future The Senator from Oklahoma. leaders at the ballot box. of its borders and the ability to deter- It is important also to recognize the f mine who is a member of this national work of the International Foundation NATIONAL BORDER community . . . a country that has lost for Election Systems also known as NEIGHBORHOOD WATCH PROGRAM that ability increasingly loses its abil- IFES that has played a critical role in Mr. INHOFE. Mr. President, yester- ity to determine the rules of its soci- helping advance free and fair elections day I introduced S. 2117, which is a bill ety—environmental protections, labor in Iraq and in 120 countries around the engaging our Nation to fight con- protections, health protections, safety world. With the support of U.S. tax- cerning our right to control entry. It is protections.’’ Beck goes on to say, ‘‘In fact, a coun- payers, IFES was able to provide crit- legislation that covers many aspects of try that cannot keep illegal immigra- ical assistance that helped to make the problem we are having on our very tion to a low level quickly ceases to be these elections possible. porous borders. One part of this is uti- a real country, or a real community. I stand here to salute the brave lizing retired law enforcement officers. Rather than being self-governed, such a Iraqis who at great personal risk sent As many people know, national law en- country begins to have its destiny an important message to the world forcement officers have to retire at age largely determined by citizens of other about the triumph of the ballot over 57. We learned of their availability the bullet. Iraqis of all ethnic groups countries who manage to move in ille- after 9/11 when the Transportation gally.’’ have joined together with unity and de- Safety Administration and our office termination to freely choose their My bill, the ENFORCE Act, works to was inundated with calls from these solve the illegal immigration problem leaders in a free and fair election. They brave law enforcement officers who are have sent a message around the world in several ways. It will provide a way retired, saying that they wanted to for more civilians and retired law en- that the best way to defeat tyranny is participate in this activity, and they at the ballot box, the source of power forcement officers to help the Border are willing to do it for costs. The legis- Patrol in stopping illegal border cross- of the people, by the people and for the lation I have introduced does include people. ings and reduce the illegal immigra- the very sophisticated type of a fence tion rate. f that goes along the border between Through the creation of the National CONCLUSION OF MORNING Mexico and the United States and also Border Neighborhood Watch Program, BUSINESS with an army of people who can join NBNW, retired law enforcement offi- The PRESIDING OFFICER. Morning those who have already demonstrated cials called the Border Regiment As- business is closed. very clearly that if we have enough sisting in Valuable Enforcement, The Senator from Mississippi. people down there, we will be able to BRAVE, Force agents, will come and secure our borders. f work alongside Border Patrol agents. I am cautioning any of our colleagues Civilian volunteers, much like the now UNANIMOUS CONSENT REQUEST— who are concerned about this issue not well-known Minutemen, will be able to H.R. 4440 to be tempted to use military because report immigration violations to as- Mr. LOTT. Mr. President, I have a right now our military is stressed. We signed BRAVE Force agents. unanimous consent request that we have an OPTEMPO that is unaccept- The NBNW Program is modeled after have been working on, and I think we able as it is right now. It should not be the National Neighborhood Watch pro- are ready to go with. We would like to taking on other duties. Besides that, gram, a collaboration between law en- get that done before we go to the hour with the enactment of S. 2117, that forcement, businesses, and concerned of debate on the PATRIOT Act. I wish would not be necessary. citizens who watch for and report sus- to see if we can confirm that with the Illegal immigration is at an all-time picious criminal activity in neighbor- minority. high, with around 1 million illegal hoods to the local police. Mr. FEINGOLD. Mr. President, I ob- aliens infiltrating our borders each The Neighborhood Watch Program ject. year. has proven effective in reducing the Mr. LOTT. Mr. President, could I in- My legislation focuses on empow- crime rate in areas where it is imple- quire what the anticipated time is on ering our citizens and law enforcement mented. I am hopeful that the National

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.003 S16DEPT1 S13698 CONGRESSIONAL RECORD — SENATE December 16, 2005 Border Neighborhood Watch Program enforcement officers will help solve our be around 400,000 to 500,000 per year will have the same effect in reducing illegal immigration crisis. during the 1990s. illegal border crossings as the Neigh- Our State, local, and tribal law en- Furthermore, according to the Cen- borhood Watch Program has had in re- forcement are experiencing increasing ter for Immigration Studies, CIS, a ducing crime. encounters with illegal and criminal non-profit immigration reform organi- I also believe that the BRAVE Force aliens during routine police duties. The zation, based on numbers from the Na- will provide significant assistance to typical officer often does not know the tional Center for Health Statistics, in the Minutemen, who are sacrificing law, policy, and procedures for deter- 2002 there were about 8.4 million illegal their time and energy as they work to mining immigration status or viola- aliens, which represent about 3.3 per- preserve our liberties and enforce our tions—apart from or in conjunction cent of the total U.S. population. That laws. with other offenses—concerning alien same year, there were about 383,000 ba- Another provision of the ENFORCE lawbreakers. bies born to illegal aliens, which rep- Act will make it a felony to be ille- As immigration continues to affect resents about 9.5 percent of all U.S. gally present in the U.S. interior communities, a key to address- births in 2002. Under current law, it is only a mis- ing situations that intersect with other In the Spring 2005 issue of the Amer- demeanor to be unlawfully present in law enforcement involves providing ican Physicians and Surgeons Journal, the U.S. This means that if illegal State, local, and tribal law enforce- Dr. Madeleine Pelner Cosman says, aliens are caught in the U.S. today and ment officers with basic training in im- ‘‘American hospitals welcome anchor are deported, most of the time, they migration law and policy. Rather than babies. ‘‘Illegal alien women come to the can turn around and come right back expending millions of dollars on tradi- hospital in labor and drop their little into our country legally, without con- tional classroom training, this basic anchors, each of whom pulls its illegal sideration of the fact that they were training can be cost-effectively accom- alien mother, father, and siblings into previously in our country illegally. plished using the Internet. permanent residency simply by being By making unlawful presence a fel- Knowledge of basic immigration en- born within our borders. ony under the ENFORCE Act, when forcement can complement law en- ‘‘Anchor babies are, and instantly caught, illegal aliens will be entered forcement’s core mission; should a qualify for public welfare aid.’’ into the National Crime Information local officer have strong reason to sus- Between 300,000 and 350,000 anchor ba- Center, NCIC, database, a computerized pect other law violations without suffi- bies annually become citizens because index of criminal justice information cient evidence to hold or charge the of the Fourteenth Amendment to the (i.e., criminal record history informa- alien on other offenses, immigration U.S. Constitution which says: ‘‘All per- tion, fugitives, stolen properties, miss- violations may constitute sufficient sons born or naturalized in the United ing persons), available to Federal, grounds to hold a criminal. States, and subject to the jurisdiction State, and local law enforcement and This requires basic familiarity with thereof, are citizens of the United other criminal justice agencies. They immigration matters; therefore, this States and the State wherein they re- will also be banned from legally enter- provision authorizes $3 million for a side.’’ ing the U.S. for 5 years. demonstration project to establish These anchor babies are being used to My bill will also establish another such an on-line training program enable their parents to skirt the law, Immigration and Customs Enforce- through Cameron University in cross our borders, and bring in addi- ment, ICE, office in Tulsa, OK. Lawton, OK. These funds will be used tional, illegal aliens. As the law cur- We only have one ICE office in the to develop and facilitate on-line train- rently stands, because these children whole State of Oklahoma and this is ing in basic immigration enforcement are considered citizens, it creates an not enough to do the job of enforcing for up to 100,000 State, local, and tribal incentive for more aliens to illegally our immigration laws. For example, in law enforcement officers in 6 to 8 cross into our country. September 2004, 18 illegal aliens were States, similar to the 4 hours of class- My bill will end this incentive by riding in a van in Catoosa, OK. The po- room training provided to all of Ala- clarifying that only children born to lice pulled them over and found several bama’s state troopers in 2003. citizens or legal permanent residents illegal minors, as well as cocaine in the This system will also provide, at the are considered citizens and ‘‘subject to van. When the police called the ICE of- end of the demonstration project, a the jurisdiction thereof.’’ fice in Oklahoma City, ICE authorities ‘‘return on investment’’ study docu- The ENFORCE Act will also address told the officers to let the illegals go menting the project’s cost-effective- several issues including clarification of because ICE did not have the resources ness. acceptable identification documents, or manpower to take them into cus- Not only are illegal immigrants in- verification of Social Security numbers and benefits, clarification of the rights tody. So Catoosa police let them go. creasing by crossing the border and This is outrageous. dodging law enforcement officers, they of local and state law enforcement offi- This year alone, 12 agents of the Of- are having ‘‘anchor babies’’ in rapid cers concerning illegal immigration and construction of a fence along our fice of Investigations of the Bureau of numbers. southern border. Immigration and Customs Enforcement Anchor babies are born to illegal There is a growing problem regarding aliens who come to our country and served the 3,500,000 people residing in fraudulent identification, identity Oklahoma. have a baby who is then treated as a theft and foreign-issued consular cards Additionally, Highway I–44 and US–75 citizen because it was born on U.S. soil. in our country. Illegal aliens often are major roads through Tulsa that are These babies are helping the immigra- steal a person’s identification, such as used to transport illegal aliens to areas tion population grow more rapidly the birth certificate of a deceased per- throughout the country. than the birth rate of American citi- son, and use it to gain employment and We must provide our States and com- zens. other benefits. munities with the tools to arrest and In fact the Census Bureau estimates My bill will help eliminate this fraud detain illegal aliens. Creating a second that at the time of the 2000 Census, the by establishing birth and death reg- ICE office in Tulsa, one of Oklahoma’s illegal immigration population reached istries for localities to have the ability largest cities, will help improve the approximately 8 million. Therefore, ac- to check a person’s identification to lack of immigration enforcement in cording to this estimate, the illegal- ensure they are truly who they claim Eastern Oklahoma. alien population grew by almost half a to be. It will also require independent I would also like to note that my col- million a year in the 1990s. verification of birth records of people league, Congressman JOHN SULLIVAN, These numbers are derived from a applying for a Social Security number. has introduced similar legislation to draft report given to the House immi- The ENFORCE Act will clarify which create an ICE office in Tulsa. Not only gration subcommittee by the INS that identification documents can be used do I believe adding another ICE office estimated the illegal population was for official identification within the in Tulsa will help local and Federal law around 3.5 million in 1990. In order for United States—such as driver’s li- enforcement, I also believe providing the illegal population to have reached 8 censes, passports, etc.—eliminating the specific immigration training for law million by 2000, the net increase would use of consular cards for identification.

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.006 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13699 Often, foreign embassies, within the The ENFORCE Act will direct a high The assistant legislative clerk read U.S., will issue consular cards to their security, state-of-the-art fence to be as follows: citizens who are in the U.S. These built along our southern border to pre- Conference report to accompany H.R. 3199, cards are unnecessary because the U.S. vent illegal border crossings. This an act to extend and modify authorities government either recognizes foreign fence will actually consist of two needed to combat terrorism, and for other passports or issues its own identifica- fences separated by a patrol road, purposes. tion documents to foreigners who are ditches, barbed wire, and surveillance The PRESIDING OFFICER. Under legally in the U.S. The majority of con- cameras. While the initial cost to build the previous order, there will be 60 sular cards have been found to be used the fence is considered high by some, I minutes equally divided between the as identification for illegal aliens and firmly believe it will result in savings majority and the minority. have been called an insecure document in the long run by preventing illegal Who yields time? The Senator from by the FBI and Department of Home- border crossings and eliminating the Pennsylvania. land Security. cost of finding, arresting, detaining Mr. SPECTER. Mr. President, we are Another provision in my bill will ad- and deporting illegal aliens. approaching a vote to invoke cloture dress Social Security benefits for work The ENFORCE Act will also make it on the PATRIOT Act which will re- performed by illegal aliens. illegal to establish day-laborer centers quire 60 Senators to cut off debate so Under current law, former illegal and to assist illegal aliens in finding that we can move ahead to a vote up or aliens, who gain legal status, are able employment, much like the sites that down on the act. The act, as is well to receive Social Security benefits for are set to be built for illegal aliens in known, is set to expire on December 31, the work they performed while they Fairfax County, VA. 2005. When the Judiciary Committee, were illegal. Earlier this year, the Fairfax Coun- which I chair, approached the reau- My bill will end this practice by not ty’s Board of Supervisors voted unani- thorization of the PATRIOT Act, we allowing anyone to collect Social Secu- mously to provide $400,000 in taxpayer tackled it early in the year, and there rity benefits for work performed while funds to be used to build three day la- was a committee bill, which I spon- they were illegally present in this borer sites to assist illegal aliens in sored, which had remarkable success country. Our Social Security system is finding employment. It makes no sense getting a unanimous vote in the com- already strained and faces bankruptcy. to not only ignore the large numbers of mittee, which has Senators from both Allowing work performed by illegals to illegal aliens gathering in one place, ends of the political spectrum. It then be counted and used to further drain but to enable them to continue to came to the floor in a manner perhaps our Social Security system must stop. break the law by working in the U.S. unprecedented: It went through by The ENFORCE Act will also address and encourage others, such as employ- unanimous consent. There was no de- fraudulent use of the Individual Tax- ers, to break the law by helping illegals bate. Not a single Senator objected. It payer Identification Number, ITIN. obtain jobs. was heralded as uniquely well bal- The IRS created the ITIN in 1996 to Another problem we face is educating anced, from the considerations of pro- improve tax administration because it illegal aliens. viding adequate tools for law enforce- needed a more efficient way to identify Some states, such as Oklahoma, ment to continue the fight against ter- and track the tax reporting of non-citi- allow illegal aliens to receive in-state rorism, which is vital for our national zens, such as foreign investors, who tuition at colleges and universities. safety, and balanced to protect civil could not obtain a Social Security This is a slap in the face to out-of-state number when filing tax returns and liberties. students who must pay higher tuition Under our system of government, the other tax documents. ITIN applications than illegal aliens who have broken the Senate does not have the last word. I can be mailed to the IRS, submitted at law and do not even belong in our only wish that were so. We have a bi- an IRS walk-in, taxpayer assistance country. My bill will address this prob- cameral system. Then the legislation center, or submitted through an ac- lem so that illegal aliens will not be has to receive the signature of the ceptance agent. able to receive this benefit. President. A GAO testimony by Michael I would like to conclude by sharing a We then went into negotiations with Brostek before the House Sub- personal story regarding illegal aliens the House of Representatives. I again committee on Oversight and Social Se- who commit crimes in the United thank and commend Chairman SENSEN- curity in March 2004 revealed that IRS States and then flee across the border BRENNER, who is the chairman of the controls for the ITIN could be easily to Mexico. bypassed and that it could be used for Last May, my friend’s son, Jeff Gar- Judiciary Committee in the House of non-tax purposes, such as general iden- rett, was tragically shot by an illegal Representatives, for working through tification. Mr. Brostek went on to tes- alien while Jeff was turkey hunting in some very difficult proceedings to tify that the ‘‘IRS concluded that most Colorado. After he shot Jeff, the illegal come to a conclusion that a conference resident aliens who have ITINs and fled to Mexico, where he is hiding report could be signed and filed and earn a wage income are not legally em- today. voted upon by both Houses. ployed in the U.S.’’ I know this story is just one among The House of Representatives has This creates many concerns about many about innocent Americans mur- supported the conference report with a use of the ITIN by illegal aliens, which dered each year by illegal aliens who 77-vote majority—very substantial. is why my bill will make the ITIN look then find safe harbor in Mexico. Now we have it in the Senate. The con- physically different than a Social Se- I believe the ENFORCE Act will not ference report was not signed by Sen- curity number and not allow it to be only help prevent these criminals from ators when originally presented on No- used to obtain tax credits. coming across our borders, but is a vember 18, 2005. I declined to sign it be- Another issue my bill addresses is good start to ending our rampant prob- cause I wanted to work through and building a fence along our southern lem of illegal immigration in general. try to get the joinder of Democrats. It border. I ask my colleagues to join me in has been my experience that the close It is known, according to government solving our immigration problem by relationship which Senator LEAHY and reports, that foreign nationals from cosponsoring the ENFORCE Act. I have established, working on the Ju- countries such as Syria, Iran and Saudi f diciary Committee on a bipartisan Arabia have crossed our southern bor- basis, has yielded significant positive ders, not to mention the high number USA PATRIOT AND TERRORISM results for the committee, for the Sen- of illegal aliens from other countries. PREVENTION REAUTHORIZATION ate, for the Congress, and for the coun- According to We Need a Fence, an or- ACT OF 2005—CONFERENCE RE- try. We have been able to work through ganization dedicated to ensuring a PORT major legislation this year, passing fence is built along our southern bor- The PRESIDING OFFICER. Under class action reform, passing bank- der, a CNN poll has shown that 87 per- the previous order, the Senate will re- ruptcy reform, voting out and con- cent of its respondents support build- sume consideration of the conference firming the Attorney General very ing a security fence along the U.S.- report to accompany H.R. 3199, which promptly, working through data pri- Mexico border. the clerk will report. vacy—a very tough legislative bill

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.008 S16DEPT1 S13700 CONGRESSIONAL RECORD — SENATE December 16, 2005 voted out of committee; voting out of curity letters—which is absolutely wants, but in legislation and the art of committee asbestos reform. People false. I beg my colleagues not to base the possible, you don’t get everything said that could not be done. It is going their votes on what they read in the that everybody wants. to be the first item on the agenda next newspapers but to get a briefing, find Then you have the delayed notice year. out what the facts are. Senators can warrants. A delayed notice warrant It was apparent to me that we needed find that out in a classified briefing, means that the judge has examined the to have a bipartisan approach. As one but do not rely upon the assertions in situation and has given special permis- Senator said on the floor yesterday in the newspapers or the assertion in to- sion that the law enforcement officials announcing that the Senator was going day’s editorial, which is just wrong as do not have to notify the target when to vote against cloture—he had been a it describes what the act is. the search and seizure warrant is exe- cosponsor of the bill, but in the ab- On the floor of the Senate yesterday cuted. sence of this bipartisan support there there were references to hometown Ordinarily, if there is a search and was too much public confusion. The newspapers saying hang tough. seizure warrant, the law enforcement public cannot understand all of the in- Newspapers don’t vote. Senators officers go to the premise or an office tricacies of the PATRIOT Act, and the vote. Jefferson made one of history’s and it is known to the target, but shorthand signal is, when Democrats great statements in saying if he had to where there are reasons to keep it se- and Republicans agree, there is a mod- choose between government without cret because the disclosure would im- icum of confidence. Regrettably, we newspapers or newspapers without gov- pede an investigation, our laws have could not get it on this bill. ernment, he would choose newspapers permitted for decades a delayed notice When the debate started earlier this without government. We do not have to warrant. week, I invited all Members to come to make that choice. We have both news- Then the concern was, How long the floor to state what their concerns papers and government. And render should there be before notice is given? were. I called many Members to reach under Caesar—the appropriate line. The Senate bill had 7 days, the House out to those I knew could use some And let us look to the newspapers, let bill had 180 days, and we compromised elaboration and also discussion for my us consider what they have to say, but on 30 days. The Fourth Circuit Court of benefit, and then from the floor repeat- when they are wrong, let’s not act on Appeals said that presumptively 45 days would be adequate. edly urged my colleagues to come to wrong information. Let’s not act on The delayed notice requirement is il- the floor, raise their concerns, let us wrong information. It is up to Senators lustrative of the vagaries of how you to hang tough. We don’t have to take have a discussion. Perhaps we can sat- have something in perfection. But instructions from the newspapers, as isfy their concerns. If not, we can de- when the Senate established a 7-day we heard yesterday, urging their scribe the bill and explain it so the peo- notice requirement, we knew we were United States Senator to hang tough. ple and the Senators will understand going to meet in a negotiating session, it. They don’t vote. We vote. and I thought 30 days was a tremen- A big, tough problem here has been I do not think we have been success- dous achievement for prompt notifica- to acquaint people with what this bill ful in conveying to the public at large, tion. The House came down 150 days, does provide. I am confident, if that and perhaps not even to the Senators, from 180 to 30, and we went up by 23 has occurred sufficiently, that this bill what this bill really provides. In this days. morning’s paper, one of the most will be passed. Then there is the provision of the I have been on the Judiciary Com- prominent newspapers in the United roving wiretaps which has been tight- States, they described the bill this mittee during my entire tenure in the ened up, as I explained in greater detail way: Senate and have demonstrated a strong yesterday and earlier this week—twice. . . . the bill gives the government far too record to protect civil liberties on leg- There has to be a description of the in- much power to issue ‘‘national security let- islation which has come through the dividual who has been intercepted, and ters,’’ demanding private financial, medical committee to the floor and in the con- there has to be a showing, to have a and library records, without the permission firmation process. Nobody has a or oversight of a judge. roving wiretap, that the person is stronger record in this body than I do. going to resist the wiretap. The writer of this editorial does not I will take second place to no one. Then you have what is perhaps as im- understand the basic tenets of the bill. There are many equals here. Many in portant as any provision—I wouldn’t The writer of this editorial is mixing this body, I would say all in this body, say the most important, they are all up section 215, which provides for ob- are concerned about civil liberties. But important, but as important as any— taining records—library records, med- there is no mathematical equation sunset. The House wanted a 10-year ical records—with national security where it can be established, as to the sunset, the Senate said 4 years is what letters. The bill is explicit in giving ju- balance between law enforcement and it ought to be, and the House was in- dicial review. the balance as to civil liberties. If you sistent on compromising in between at At the present time, an agent can go take a look at the specifics of this leg- 7 years, and we held fast at 4 years. It out and, unilaterally, on the agent’s islation, that balance has been had been my expectation with good own authority, get library records or achieved. It may not be as good a bal- reason to believe that some Democrats medical records. One of the principal ance as the Specter-Leahy bill, which would sign the conference report if it safeguards in the PATRIOT Act, as passed the Senate unanimously and came in at 4 years. It required assist- passed by the Senate and as main- without dissenting voice here, but it ance from the White House, and the tained by the conference report, has has balance. President was personally involved in been to interpose the magistrate, the I have already commented about sec- the 4-year decision—not to the satis- judge, in between the policeman and tion 215. There is judicial supervision. faction of the House conferees, but we the citizen, to see to it that law en- And, on national security letters, they got that done. forcement does not overstep its bounds; were not created with the PATRIOT If you take a look at the specifics, if that law enforcement could get access Act, but we took the occasion of the you don’t get your facts from the news- on a showing of reason to do so, but PATRIOT Act to put in safeguards on papers but instead get your facts from there is judicial supervision there. national security letters, which are in the CONGRESSIONAL RECORD, if you get One of the other most prominent existence. If the PATRIOT Act goes your facts from reading the statute, I newspapers in the country published a out of existence, you will not have sec- believe a fair conclusion would be that story about 30,000 national security let- tion 215 to get certain records by law it is balanced. It is nice to be the he- ters being issued, which is false. I can- enforcement, but the national security roes of the editorial pages. It makes not tell you what the facts are because letters are still there. But we took this great hometown reading. We have had it is classified. I have tried to get the occasion to provide for judicial review. quite a few comments on the floor of Department of Justice to come forward The recipient may consult a lawyer, the Senate on the PATRIOT Act and on and say what the facts are. But repeat- who moves to quash the national secu- other acts citing the editorials and how edly on the floor of the Senate we rity letter if it is unreasonable. It may pervasive, albeit subtle, that influence heard this quotation: 30,000 national se- not be everything that everybody is.

VerDate Aug 31 2005 04:00 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.015 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13701 I have only been chairman of the important that we have a bill. There is It is time to have some checks and committee for less than a year, but I no mathematical formula, but this bill balances in this country. We are a de- have come to see the vicissitudes of is a balanced bill. mocracy. Let’s have checks and bal- leadership. You don’t have the freedom How much time remains of my 30 ances, not secret orders and secret to be the dissenter, to stand up and ar- minutes? courts and secret torture. ticulate your own views and to accept The PRESIDING OFFICER. Eight The debate is not about whether the nothing short of what ARLEN SPECTER minutes forty seconds. Government should have the tools it has done or I am going to vote no. I Mr. SPECTER. I yield the floor. needs to protect the American people. have done that a few times when I have The PRESIDING OFFICER. The Sen- Of course it should. That is why, as I had greater freedom, but if you are the ator from Vermont. say, I coauthored the PATRIOT Act 4 Mr. LEAHY. Mr. President, before I chairman of the committee, you have years ago. That is why the act passed start, with the distinguished senior to carve out consensus. with such broad bipartisan support. In refusing to sign the conference re- Senator from Pennsylvania in the When I voted for that PATRIOT Act, I Chamber, I totally appreciate what he port on November 18, 2005—to the dis- did not think it was an ideal piece of said about the problems of being the satisfaction of many people—but wait- legislation. I knew it would need care- leader on a committee and having to ing until December to sign it, that was ful oversight, but I was in favor of make the decisions of how you are an effort to gain more negotiations and most of the PATRIOT Act. I am in going to get a bill through. to try to satisfy more people. My job favor of most of the PATRIOT Act I was chairman of the committee now. That is why I voted for the bipar- was to get a consensus, was to work when we put through the first PA- through what is the art of the possible, tisan Senate bill in July. The distin- TRIOT Act. I remember the balancing guished chairman of the Senate Judici- to get a bill. act we went through at that time and The six Senators who opposed the bill ary Committee got it through our com- how difficult it was to get a bill issued their press releases not before mittee unanimously, with Senators through. And that PATRIOT Act is the ink was dry on the conference re- from the right to the left voting for it. this PATRIOT Act. It contains a num- This debate is not whether it should port but before the ink was finished on ber of items that I wrote. the conference report. When I went to suddenly expire. Of course it should I also note that throughout, the not. That is why Senators from both the press galleries on December 8, 2005 chairman and I have kept in very close to announce the conference report, be- parties have offered a bill to extend it contact. We have spoken several times. in its present form for 3 months in fore I got there the dissenters had al- I have considered during my 31 years in ready issued their press releases. They order to give us time to either return the Senate that one of the things to the bipartisan compromise we weren’t waiting to see what the con- which has given me the greatest sense ference report had to say. They did not reached, pass the Senate bill, or reach of satisfaction is the relationship the a new bipartisan compromise. issue their objections before the ink distinguished chairman and I have in was dry; they issued their objections Our goal is to mend the PATRIOT getting things through, and we have. I Act, not to end it. None of us want it before the ink was finished. And you am concerned because we have come so can do that if you are a dissenter and to expire. Those who threaten to let it close on this. expire rather than fix it are playing a if you are an objecter. But if you are As Senator SALAZAR noted, yesterday dangerous game. This is a debate about the chairman and you have the obliga- was the anniversary of the adoption of reconciling two shared and funda- tion to pull the parties together—and the Bill of Rights of the Constitution. mental goals—assuring the safety of when I signed the report on December Yesterday we engaged in debate seek- the American people and protecting 6, 2005 I still couldn’t get some mem- ing to protect and reserve those rights their liberty by a system of checks and bers of my committee to sign the re- under the USA PATRIOT Act. I thank balances that keeps the Government, port. They thought it went too far. Senators SUNUNU, FEINSTEIN, CRAIG, their Government, our Government, The President has taken the position WYDEN, FEINGOLD, SALAZAR, and accountable. that this conference report goes as far OBAMA for their thoughtful remarks, America can do better. And we as he is going to go. I am advised that their willingness to work in a bipar- should. Those goals are not the goals of he issued a statement earlier today tisan way which, after all, is the best any particular party or ideology. They that he will not sign a 3-month exten- tradition of the Senate. are shared American goals. sion. The majority leader said yester- Let all Members understand, this is a How to balance security with liberty day that he would not bring up a 3- vital debate. The terrorist threat to and Government accountability was month extension. There may be ways America’s security is very real. It is the most fundamental dilemma with to get it on the floor in any event. You vital we arm the Government with the which the Framers of our Constitution can’t amend the conference report. tools needed to protect American soci- wrestled. How to adjust that balance If I am given instructions in my ca- ety and security. with the post-September 11 world is the pacity as chairman to go back and ne- At the same time, the threat to civil most fundamental dilemma before this gotiate, I will salute and go back and liberties is also very real in America Congress. negotiate and try to work through today. I do read the papers. Today’s No one should doubt those who vote whatever circumstances require. But New York Times reports that over the for cloture on the conference report where the President has said he is not past 3 years, under a secret order care deeply about the liberty of the going to sign a 3-month extension, if he signed by President Bush, the Govern- American people. We all do. No one means business, and I think he does, ment has been monitoring inter- should doubt that those who vote then in voting on cloture and in look- national telephone calls and inter- against cloture are devoted to pro- ing to a final vote up or down, this national e-mail messages of people in- tecting both the security and liberty of body is going to be faced with the al- side the United States—with no court the American people. We all care deep- ternative of either accepting the con- approval, no checks and balances, one ly. ference report, which is a balanced bill, person’s signature and that is it. This However, let us have a Government or, if not, the PATRIOT Act is going to warrantless eavesdropping program is of checks and balances. In the long run, expire, and the responsibilities will be not authorized by the PATRIOT Act, it we are more secure. Our liberties are on those of us who vote and take posi- is not authorized by any act of Con- more secure. Frankly, we are more tions. gress, and it is not overseen by any American in doing that. Although we are a considerable dis- court. The PRESIDING OFFICER. Senator tance from 9/11—more than 4 years— According to the report, it is being from Nevada. terrorism continues to be a problem. conducted under a secret Presidential f This bill gives important tools to law order based on secret legal opinions by enforcement in a balanced way. This the same Justice Department lawyers, MILK REGULATORY EQUITY ACT bill has provisions to protect subways, the same ones who argued secretly that OF 2005 seaports, and airports. It is important the President could order the use of Mr. REID. Mr. President, I ask unan- that we have a balanced bill, and it is torture. imous consent that the Senate proceed

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.017 S16DEPT1 S13702 CONGRESSIONAL RECORD — SENATE December 16, 2005 to the consideration of S. 2120 intro- lated fluid milk distributing plant under a Agreement Act of 1937, a provision that a duced earlier today. Federal milk marketing order. handler described in subparagraph (M) of The PRESIDING OFFICER. The ‘‘(iv) CERTAIN HANDLERS EXEMPTED.— such section, as added by subsection (a) of clerk will report the bill by title. Clause (i) does not apply to— this section, will be fully regulated by the ‘‘(I) a handler (otherwise described in order in which the handler’s distributing The assistant legislative clerk read clause (ii)) that operates a nonpool plant (as plant is located. These amendments shall not as follows: defined in section 1000.8(e) of title 7, Code of be subject to a referendum under section A bill (S. 2120) to ensure regulatory equity Federal Regulations, as in effect on the date 8c(19) of such Act (7 U.S.C. 608c(19)). between and among all dairy farmers and of the enactment of this subparagraph); f handlers for sales of packaged fluid milk in ‘‘(II) a producer-handler (otherwise de- federally regulated milk marketing areas scribed in clause (ii)) for any month during GULF OPPORTUNITY ZONE ACT OF and into certain non-federally regulated which the producer-handler has route dis- 2005 milk marketing areas from federally regu- positions, and sales to other plants, of pack- Mr. LOTT. Mr. President, I ask unan- lated areas, and for other purposes. aged fluid milk products equaling less than imous consent the Senate proceed to There being no objection, the Senate 3,000,000 pounds of milk; or immediate consideration of Calendar ‘‘(III) a handler (otherwise described in proceeded to consider the bill. No. 328, H.R. 4440. Mr. REID. I ask unanimous consent clause (ii)) for any month during which— ‘‘(aa) less than 25 percent of the total The PRESIDING OFFICER. The the bill be read the third time and quantity of fluid milk products physically clerk will report the bill by title. passed, the motion to reconsider be received at the plant of the handler (exclud- The assistant legislative clerk read laid upon the table, and any state- ing concentrated milk received from another as follows: ments be printed in the RECORD. plant by agreement for other than Class I A bill (H.R. 4440) to amend the Internal The PRESIDING OFFICER. Without use) is disposed of as route disposition or is Revenue Code of 1986 to provide tax benefits objection, it is so ordered. transferred in the form of packaged fluid for the Gulf Opportunity Zone and certain The bill (S. 2120) was read the third milk products to other plants; or areas affected by Hurricanes Rita and time and passed, as follows: ‘‘(bb) less than 25 percent in aggregate of Wilma, and for other purposes. the route disposition or transfers are in a S. 2120 There being no objection, the Senate marketing area or areas located in one or proceeded to consider the bill. Be it enacted by the Senate and House of Rep- more States that require handlers to pay Mr. GRASSLEY. Mr. President, this resentatives of the United States of America in minimum prices for raw milk purchases. Congress assembled, ‘‘(N) EXEMPTION FOR CERTAIN MILK HAN- amendment 2680 acts on our commit- SECTION 1. SHORT TITLE. DLERS.—Notwithstanding any other provi- ment to provide rebuilding assistance This Act may be cited as the ‘‘Milk Regu- sion of this section, no handler with distribu- to areas of the country devastated by latory Equity Act of 2005’’. tion of Class I milk products in the mar- this year’s relentless hurricane season. SEC. 2. MILK REGULATORY EQUITY. keting area described in Order No. 131 shall It will benefit residents of the gulf re- be exempt during any month from any min- (a) MINIMUM MILK PRICES FOR HANDLERS; gion, as well as more recently im- imum price requirement established by the EXEMPTION.—Section 8c(5) of the Agricul- pacted areas of Texas and Florida, and Secretary under this subsection if the total tural Adjustment Act (7 U.S.C. 608c(5)), reen- provides much needed relief and redistribution of Class I products during the acted with amendments by the Agricultural preceding month of any such handler’s own sources for economic rebuilding to Marketing Agreement Act of 1937, is amend- farm production exceeds 3,000,000 pounds. those areas. ed by adding at the end the following new ‘‘(O) RULE OF CONSTRUCTION REGARDING As promised, we have made our best subparagraphs: PRODUCER-HANDLERS.—Subparagraphs (M) effort to marry up our compassion for ‘‘(M) MINIMUM MILK PRICES FOR HAN- and (N) shall not be construed as affecting, displaced persons and damaged commu- DLERS.— expanding, or contracting the treatment of nities with attention to fiscal dis- ‘‘(i) APPLICATION OF MINIMUM PRICE RE- producer-handlers under this subsection ex- QUIREMENTS.—Notwithstanding any other cipline and the best use of taxpayer cept as provided in such subparagraphs.’’. dollars. This bill represents an effort to provision of this section, a milk handler de- (b) EXCLUSION OF NEVADA FROM FEDERAL scribed in clause (ii) shall be subject to all of MILK MARKETING ORDERS.—Section 8c(11) of most efficiently and effectively use the the minimum and uniform price require- the Agriculture Adjustment Act (7 U.S.C. tax code to assist in the rebuilding and ments of a Federal milk marketing order 608c(11)), reenacted with amendments by the revitalization of those regions. I will issued pursuant to this section applicable to Agriculture Marketing Agreement Act of reiterate the guiding principles of our the county in which the plant of the handler 1937, is amended— hurricane relief legislation. First, be- is located, at Federal order class prices, if (1) in subparagraph (C), by striking the last cause market forces will be the driver the handler has packaged fluid milk product sentence; and route dispositions, or sales of packaged fluid in getting these regions back on their (2) by adding at the end the following new feet, our bill includes only provisions milk products to other plants, in a mar- subparagraph: keting area located in a State that requires ‘‘(D) In the case of milk and its products, that encourage and incentivize redevel- handlers to pay minimum prices for raw no county or other political subdivision of opment. Second, our package provides milk purchases. the State of Nevada shall be within the mar- resources only to those who incurred ‘‘(ii) COVERED MILK HANDLERS.—Except as keting area definition of any order issued uninsured losses and does not provide provided in clause (iv), clause (i) applies to a under this section.’’. for a bailout of those who assumed risk handler of Class I milk products (including a (c) RECORDS AND FACILITY REQUIREMENTS.— as an insurer in our capitalist, free- producer-handler or producer operating as a Notwithstanding any other provision of this market system. Third, we have focused handler) that— section, or the amendments made by this ‘‘(I) operates a plant that is located within section, a milk handler (including a pro- our limited Federal resources on those the boundaries of a Federal order milk mar- ducer-handler or a producer operating as a most in need—like the many dev- keting area (as those boundaries are in effect handler) that is subject to regulation under astated small business employers who as of the date of the enactment of this sub- this section or an amendment made by this were the backbones of these economies paragraph); section shall comply with the requirements and who will be the engines of their fu- ‘‘(II) has packaged fluid milk product route of section 1000.27 of title 7, Code of Federal ture growth and prosperity. The dispositions, or sales of packaged fluid milk Regulations, or a successor regulation, relat- amendment provides front-loaded in- products to other plants, in a milk mar- ing to handler responsibility for records or centives on a timely basis to encourage keting area located in a State that requires facilities. people and businesses to return to the handlers to pay minimum prices for raw (d) EFFECTIVE DATE AND IMPLEMENTA- milk purchases; and TION.—The amendments made by this section region as quickly as possible. ‘‘(III) is not otherwise obligated by a Fed- take effect on the first day of the first I want to show my appreciation to eral milk marketing order, or a regulated month beginning more than 15 days after the my colleagues in the Senate and in the milk pricing plan operated by a State, to pay date of the enactment of this Act. To accom- House for working to get this legisla- minimum class prices for the raw milk that plish the expedited implementation of these tion to the President as quickly as pos- is used for such dispositions or sales. amendments, effective on the date of the en- sible. Before we go home to spend time ‘‘(iii) OBLIGATION TO PAY MINIMUM CLASS actment of this Act, the Secretary of Agri- with our families, it is important for us PRICES.—For purposes of clause (ii)(III), the culture shall include in the pool distributing to help the many families who have Secretary may not consider a handler of plant provisions of each Federal milk mar- Class I milk products to be obligated by a keting order issued under subparagraph (B) had their lives overturned by the re- Federal milk marketing order to pay min- of section 8c(5) of the Agriculture Adjust- cent hurricanes. Hopefully they will imum class prices for raw milk unless the ment Act (7 U.S.C. 608c(5)), reenacted with think of this holiday season as a time handler operates the plant as a fully regu- amendments by the Agriculture Marketing of rebuilding and opportunity.

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.018 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13703 The amendment also includes tax nesses. We worked to create legislation in tax relief for the gulf region. We technical correction provisions related that would pump money into local take the House bill, but we provide ad- to the American Jobs Creation Act of economies. And we worked to create ditional tax relief for employers and 2004 and other tax legislation. Tech- legislation that would help distressed students to encourage people to return nical corrections measures are routine working families. to the gulf region. for major tax acts and are necessary to We must come together again. We One item of particular importance to ensure that the provisions of the acts must pass this legislation today. me is tax relief to employers who con- are working consistently with their On November 18th, the Senate passed tinued to pay their workers after the original intent, or to provide clerical the tax reconciliation bill. We included hurricanes struck. Employers located corrections. Because these measures Hurricane tax relief. We included Al- in the Katrina, Rita, and Wilma dis- carry out congressional intent, no rev- ternative Minimum Tax relief. And we aster zones will be able to take up to a enue gain or loss is scored from them. included more than a dozen important $2,400 tax credit on wages paid to em- The process and test for technical tax provisions that expire on December ployees during the period the business corrections ensures that only provi- 31st, including the Work Opportunity was shut down. These business owners sions narrowly drawn to carry out Con- Tax Credit and the Research and Devel- have tapped into their savings to help gressional intent are included. Tech- opment Tax Credit. out their workers. They deserve tax re- nical corrections are derived from a de- With the help of many, Chairman lief. We provided this relief in our first liberative and consultative process GRASSLEY and I fit all of that legisla- bill, but it was limited to small em- among the congressional and adminis- tion within the constraints of the ployers. I have always felt and argued tration tax staffs. That means the Re- budget resolution’s instructions. strongly that any employer that helps out their workers while the business is publican and Democratic staffs of the But the House did not take up our shut down deserves this assistance. I House Ways and Means and Senate Fi- bill. Instead, the House passed hurri- am very pleased that we were able to nance Committees are involved as is cane relief and Alternative Minimum eliminate this cap, and extend this re- the Treasury department staff. All of Tax relief outside of the budget rec- lief for the Rita and Wilma zones as onciliation process. Then the next day, this work is performed with the par- well. ticipation and guidance of the non- the House passed a tax reconciliation Another priority item for me is a partisan Joint Committee on Taxation bill. provision to encourage students to re- Why did the House need three bills to staff. A technical enters the list only if turn to the gulf region. Many colleges all staffs agree it is appropriate. achieve what the Senate succeeded in and universities were forced to shut The Senate Finance Committee and passing in one bill? down after Hurricane Katrina and stu- The reason is simple. The reason is the Committee on Ways and Means, in dents have been scattered across the consultation with the Joint Committee the capital gains and dividends tax cut. country. To encourage these students, I am disappointed in the House. I am on Taxation and the Department of the and new students as well, to come back disappointed that Congress could not Treasury, are continuing to assess pro- to the gulf region, we double the Hope posals for other technical corrections pass all the important tax relief that Scholarship and Lifetime Learning tax which may be needed to achieve con- the Senate did in one bill. credits. Students from around the And that is why we have the legisla- gressional intent. On that point, no country would be able to take a credit double benefit is intended under the tion before us today, the House hurri- up to $4,000 for tuition, room and railroad track maintenance credit of cane tax relief bill. board, books, and fees for attending code section 45G. If the current basis The amendment that Chairman college in the areas affected by Hurri- adjustment rule is not serving to carry GRASSLEY and I have crafted to this cane Katrina. I was very pleased that out that intent, the provision may bill recognizes that to revitalize the we could include this benefit in our need to be clarified. Such a clarifica- gulf region, the region must have a Senate version and that we have re- tion might provide that basis or tax at- strong economy. We must encourage tained it in this substitute. I think it tribute reduction applies to the tax- individuals to return. And that means will be extremely valuable to the col- payer taking the credit. I would like to that there must be jobs for them to re- leges and universities who have really ask the staff to work on this. turn to. This legislation gives busi- suffered from this hurricane. In conclusion, this package will show nesses help to create those jobs. One further priority item for me is those affected by Hurricanes Rita, We would provide bonus depreciation. the additional $1 billion in new mar- Wilma, and Katrina that their needs We would increase small business ex- kets tax credit authority for the have not been forgotten, and that we pensing limits. We would also provide Katrina zone. I fought to get this cred- will continue to help them rebuild new authority for tax-favored private it in our Senate version because I am their homes, communities, and lives. activity and mortgage bonds. convinced this program works. The Mr. BAUCUS. Mr. President, shortly, We would also extend to victims of program provides access to capital for we will complete legislative business Hurricanes Rita and Wilma some of the small businesses through established and adjourn for the year. Senators will tax relief that we provided to victims community development entities. Enti- leave to spend the holidays with our of Hurricane Katrina in September. ties with a significant mission of re- families. Senators will travel to the This includes penalty-free early tax- building in the hurricane zone may ac- comfort of our homes. free withdrawals from pensions and cess these additional tax credits in But there are still those in the gulf IRAs. We would allow victims to fully order to help these struggling busi- region who do not have homes. deduct casualty losses. And we would nesses rebuild. These businesses may Hurricane Katrina struck almost 4 remove the cap on allowable corporate not be able to utilize some of the other months ago. We cannot, in good con- charitable contributions made in re- tax benefits in the bill, but access to science, conclude our action for the sponse to the hurricanes. capital will help many of them stay in year without passing tax relief for the And thanks to the hard work and per- business and stay in the zone. gulf region. sistence of the good Senators from One last item that I would like to The legislation before us today is a Florida and Texas, we have been able highlight is an employer credit for pro- good bill. We must pass it today. to forge an agreement to provide extra viding housing for workers and their In September, I was pleased that low-income housing benefits for the families. My good friend from Lou- Congress could come together and Rita and Wilma hurricane zones. My isiana, Senator LANDRIEU, offered this quickly pass emergency tax relief for good friend from Florida, Senator NEL- provision during our floor debate last victims of Hurricane Katrina. SON, has made the convincing case that month. And if I could just take a mo- Prior to passing that legislation, I these devastated areas need more as- ment to point out to our colleagues the promised that I would work with my sistance with low-income housing, and tremendous work she has done on this colleagues to draft a long-term tax re- I am pleased to say this bill will be pro- bill. She has truly been our compass lief package. And that is what we did. viding that very help. during these negotiations and has been We worked to create legislation that The substitute that Senator GRASS- essential in conveying the true plight would help rebuild homes and busi- LEY and I offer today provides $8 billion of her constituents.

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.010 S16DEPT1 S13704 CONGRESSIONAL RECORD — SENATE December 16, 2005 She has told me about the many hur- in the designated zone was rendered drug dependent’’ and estimates that ricane victims who still do not have ‘‘inoperable’’ while another location of ‘‘15 million adults are at risk of becom- housing in the gulf region. Under her that same business continued to oper- ing problem gamblers.’’ provision, workers and their families ate. Is that correct? With the heartbreaking impact this receiving housing from their employers Mr. GRASSLEY. I agree with Sen- industry has on some of our most vul- could exclude up to $600 a month from ator LOTT’s interpretation of this pro- nerable citizens, I am pleased that my their income for tax purposes, plus the vision of the bill. colleague from Mississippi has recog- business can receive a partial credit for Mr. LOTT. Another provision of H.R. nized my concern and offered a pack- this expense. Business leaders have 4440 would make eligible for tax-ex- age that ensures the necessary eco- told us that they simply cannot get empt financing the costs of nonresiden- nomic assistance for his State and back to work unless their workers have tial real property located in the Gulf communities without exacerbating the housing. The Landrieu housing provi- Opportunity Zone. It is my under- social toll on these already devastated sion helps them immensely. standing that the intent of this provi- communities and families. Finally, this bill provides that sol- sion is that nonresidential real prop- I urge my colleagues to support the diers in Iraq and Afghanistan may in- erty includes any tangible property expeditious passage of this bill. I am clude combat pay when calculating other than fixtures and equipment that hopeful our House colleagues will then their earned income tax credit. This are movable, without regard to the adopt this bill and send it on to the has been a priority item for our friend class life of such property or its use as President’s desk so we can get this help from Arkansas, Senator PRYOR, who part of manufacturing, production, or out to these States, communities, busi- championed this fix for our military extraction, or of furnishing services or nesses and families before the new families serving in combat last year. property. year. Then hopefully the Congress can We extend the benefit for another year Mr. GRASSLEY. I agree with Sen- turn its attention back to the Tax Re- in this substitute and I commend Sen- ator LOTT’s interpretation of this pro- lief Act and enact its charitable incen- ator PRYOR for his tireless work on be- vision of the bill. tives to help the countless nonprofits half of military families. Mr. SANTORUM. Mr. President, I working day and night to heal the We have a good bill before us. It has rise today to raise an issue of concern wounds in Katrina’s wake. That ele- been nearly 4 months. We are set to ad- with the Katrina tax relief bill, known ment of the tax bill is critical, and we journ the Senate for the year. We need as the Gulf Opportunity Zone. This bill should move forward on this bill in to come together and help those most quite rightly provides incentives to short order. in need. I urge my colleagues to pass bring back businesses and capital to EITC AND CTC FOR KATRINA VICTIMS this legislation today. the devastated regions of the gulf Mr. BAUCUS. As we consider this ANIMAL RACING coast. This package is needed legisla- legislation to provide tax relief to re- Mr. BUNNING. Mr. President, I tion that will continue to drive rede- spond to Katrina, it is particularly im- thank the chairman for working with velopment and provide encouragement portant that we recognize the impact me on an issue of importance regarding for businesses and others to come back of the hurricane on those struggling the applicability of the animal racing and rebuild, creating jobs in the re- working families who are eligible for facility limitation contained in the building and jobs in the businesses the earned income tax credit and the Senate amendment to H.R. 4440. I un- themselves and providing much needed child tax credit. I am particularly con- derstand that the legislative language revenues for the local communities. cerned that the disruptions and dis- creates new section 1400N(p) of the In- However, I have raised a concern to placement affecting these families in ternal Revenue Code which indicates my colleague from Mississippi regard- both their jobs and their homes may that property directly related to ani- ing providing incentives to certain in- make it more difficult for them to re- mal racing is not eligible for certain dustries such as casinos. I read with in- ceive these critical tax credits to benefits contained in certain sub- terest an article in the New York which they are legally entitled—credits sections of new section 1400N. My un- Times on December 14, 2005, regarding which they need more than ever. Some derstanding is that items not directly the return of casinos to the gulf coast. families will become eligible for these related to the racing of animals or the The article noted that while the storm credits for the first time, yet may not viewing of such races, such as barns, damaged 9 out of 10 casinos in Biloxi, be aware of these programs let alone stables, practice facilities, restaurants, MS 3 of the 9 damaged would be open how to apply for them. In addition, we some administrative offices, gift shops, again before the new year. In fact ‘‘[a]ll have seen a tremendous outpouring of and parking areas are eligible for these 10 Biloxi casinos have told the city support for those hit by Katrina from benefits. they will rebuild, and most plan larger, families and friends of the victims, Mr. GRASSLEY. I thank the Senator more elaborate facilities.’’ Clearly, the often at great cost. These relatives and for that clarification. His description is casinos and gaming industry do not friends may also qualify for assistance correct. need Congress to give them tax breaks but find it more difficult to meet all EMPLOYEE RETENTION CREDIT—TAX-EXEMPT to entice them to reopen. the normal requirements. FINANCING More importantly, there are signifi- For example, there are many families Mr. LOTT. Mr. President, because cant concerns about the impact of who have taken in nonrelative children there is no committee report accom- gambling on communities and families. displaced by the hurricane. They are panying this legislation, I would like In 2000, the Government Account- essentially foster parents but may not to engage Chairman GRASSLEY in a col- ability Office found that ‘‘individuals be considered as such under current loquy to clarify the intent of two pro- suffering from pathological gambling law. Due to the need to act quickly in visions contained in this important engaged in destructive family behav- response to Katrina, these foster chil- legislation. ior, committed more crime than other dren will not have been formally placed First, among the tax benefits con- citizens, and had higher suicide rates.’’ by an authorized agency but under cur- tained in this package is the employee It also found the ‘‘destructive family rent rules, such individuals could not retention credit. This incentive will behavior’’ included domestic violence, claim these children for the EITC or play a pivotal role in helping busi- divorce, and homelessness. Addition- the child tax credit. This would be true nesses retain their employees even it ally, GAO ‘‘also reported that children even if they continued to care for the they are temporarily out of business of individuals suffering from patholog- children for more than 6 months in 2006 while the gulf coast rebuilds. As I un- ical gambling are often prone to suffer and thus meet the qualifying child resi- derstand the committee’s intent, the abuse and neglect.’’ As we look at soar- dency requirement. credit will apply both where a company ing costs for social programs and ever- The only potential relief such indi- is completely out of business, and increasing needs, it is most troubling viduals have is the $500 additional ex- where it did not suffer total devasta- that this report noted that ‘‘lifetime emption in 2005 for housing a Katrina tion to its trade or business operations. pathological, problem, and at-risk survivor more than 60 days provided in For example, the credit would apply in gamblers are more likely than low-risk the Hurricane Katrina Emergency Tax cases where one part of the operation or nongamblers to have been alcohol or Relief Act, HKTRA. However, this is a

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.012 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13705 minimal support for a family taking in now. Accordingly, it is exceedingly im- clinics, including but not limited to a child as a member of the family. In portant the IRS do everything it can to the IRS Web site. addition, the exemption is unavailable maximize information and assistance Mr. BAUCUS. I thank the Chairman to low-income families with no income provided to the public to help those eli- and join in his recommendations to the tax liability. gible secure these credits. IRS. Taxpayers caring for such children While we wrote section 406 and sec- Mr. KERRY. Mr. President, I com- may ultimately seek to formalize the tion 407 of the Hurricane Tax relief bill mend Senate Finance Chairman GRASS- arrangement with an authorized agen- to help eligible hurricane survivors re- LEY and Ranking Member BAUCUS for cy during 2006, but a placement deci- ceive the benefits of the EITC and CTC, putting together a bipartisan bill that sion may not be reached until later in it is really up to the IRS to effectively will provide tax relief to individuals the year. If only the time in residence inform taxpayers and the tax prepara- and businesses who are struggling due with a child after the placement deci- tion community of how the provisions to the aftermath of Hurricane Katrina. sion is considered for the purposes of are being implemented. In particular, This legislation creates a gulf oppor- meeting the residency test, the tax- section 407 provides that the IRS ‘‘... tunity zone in those areas in Alabama, payer may be unable to meet that test may make such adjustments in the ap- Louisiana, and Mississippi that were for the EITC and CTC. Some low-in- plication of the internal revenue laws hardest hit by the hurricane. Busi- come taxpayers, unaware of the EITC as may be necessary to ensure that nesses operating in this zone will be el- or CTC rules, may simply continue to taxpayers do not lose any deduction or igible for specified tax breaks. In addi- care for the child in their family and credit or experience a change of filing tion, the legislation provides relief to not pursue a formal arrangement until status by reason of temporary reloca- help with housing and the cost of high- a later point and yet may be counting tions by reason of Hurricane Katrina.’’ er education. on the income from these credits. I understand that the IRS is working I support providing businesses with Clearly the IRS needs to address this to decide how this ‘‘adjustment author- the appropriate tax relief that will help problem. ity’’ will be implemented and is pre- them rebuild. However, I am concerned Mr. GRASSLEY. I share concern with paring a new Publication 4492. How- that this tax relief will not be helpful the impact that Katrina will have on ever, low-income taxpayers and those if we do not provide assistance to small the ability of low wage working fami- who assist them in the preparation of businesses. If the assistance to small lies who qualify for the child tax credit their 2005 tax returns will need to un- businesses continues at its present and the earned income tax credit to re- derstand the nature and limits of the pace, tax relief will be somewhat mean- ceive them for the 2005 tax year. In ad- adjustments IRS is willing to make so ingless. Currently, 74 percent of hurri- dition, I certainly agree that some- that returns are prepared properly. It cane-related Small Business Adminis- thing must be done to address this will take a very thorough and com- tration, SBA, disaster business loan ap- problem for families who generously prehensive public education program plications have not even been proc- gave of themselves and took in a child to make sure that nontechnical infor- essed, and less than 10 percent of the displaced by Katrina but may lack the mation is made available through var- approved business loans have been fully proper formal authorization that would ious means to help educate the public disbursed. I have introduced legislation prevent them from receiving the EITC and those who help prepare tax re- that would allow the affected States to they qualify for and would otherwise turns. I am very concerned that the distribute $450 million in bridge loans get. IRS take every possible step it can to to help businesses that are waiting for To help address this problem, I would make sure eligible low-income working an SBA loan to begin rebuilding imme- urge the IRS to accept a child place- families affected by Katrina know diately. If we do not provide businesses ment decision by an authorized agency about special temporary adjustments with loans, they will not be able to re- as being retroactive to the earliest to these credits and what they need to build and benefit from these tax incen- point in 2006 when the taxpayer first do to ensure they receive these credits. tives. took in the child. This would apply Mr. GRASSLEY. I agree that many I am pleased that this legislation in- only to children who had resided in a eligible hard-working families who cludes a provision that would extend hurricane disaster zone in 2005 as de- qualify for the EITC and the child tax the current law provision that allows fined under HKTRA and under any sub- credit but whose lives have been sharp- military personnel the option of treat- sequent legislation extending HKTRA ly affected by the hurricane may face ing certain combat pay as earned in- provisions to Rita and Wilma sur- particular challenges and hurdles in come for the purpose of computing the vivors. applying for and receiving these cred- earned income tax credit, EITC, for 1 I have been advised that the IRS has its. I also concur that is incumbent year. I have introduced legislation that the ability to adopt this approach upon the IRS to take all steps it can to strengthens the EITC. It includes a under section 407 of HKTRA and any ensure that the public and the tax provision to allow permanently mili- equivalent extension to Rita and preparation community have clear, de- tary personnel to elect to treat certain Wilma survivors—that enables the Sec- tailed, and understandable information combat pay as income for purposes of retary to make adjustments in applica- about any adjustments and modifica- calculating the EITC. During the de- tion of rules to ensure that hurricane tions it makes to help Katrina victims bate on S. 2020, the Tax Relief Act of survivors do not lose tax benefits. I who qualify for the credits get them. 2005, I along with Senator OBAMA of- know my colleague from Montana joins I believe that the IRS should report fered an amendment on the EITC that me in urging the IRS to use this au- to Congress within the next couple of would have extended this provision thority to help these foster care fami- weeks the action it has taken to imple- through 2007, but it was subject to a lies who so generously took in children ment the provisions of section 406 and point of order because it included out- displaced by Katrina. section 407 HKTRA, pertaining to the lays. Mr. BAUCUS. I wholeheartedly agree EITC and CTC, including outreach and This provision should be made per- with my friend from Iowa. communication efforts undertaken by manent, but it is important that we I would like to raise another concern IRS to inform taxpayers, tax practi- are not allowing it to expire. It is a regarding these tax credits and the tioners, and volunteer tax preparation commonsense provision that would pre- Katrina families. programs of these provisions, including vent members of the armed services As we approach the next filing sea- the guidance provided to them by IRS from losing their EITC when they are son, there are so many families af- on how the flexible authority to IRS in mobilized and serving their country. fected by the hurricane who previously section 407 is being interpreted and im- Military families are often faced with received the EITC and the CTC but now plemented. IRS should publish such increased expenses when a loved one is face significant confusion about wheth- guidance, including typical questions deployed. Thousands of reservists, for er they will get the credit and how and answers, in formats that are acces- example, take a cut in pay when they much they will receive. And, of course, sible to taxpayers, commercial tax are called to active duty. some of the normal sources of taxpayer practitioners, volunteer tax preparer Without this extension, several mili- assistance in the gulf are not available organizations and low-income taxpayer tary families that are benefiting from

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.029 S16DEPT1 S13706 CONGRESSIONAL RECORD — SENATE December 16, 2005 the EITC would not longer be eligible clubs, massage parlors, hot tub facili- Under this provision, employees for the credit. Eligibility for the EITC ties or suntan facilities, racetracks or working at firms in the GO Zone may is based on income, and certain combat other facilities used for gambling, or exclude up to $600 per month from in- pay does not count as income for tax any store the principal business of come for employer-provided housing purposes. The election included in this which is the sale of alcoholic beverages assistance. Employers get a tax credit provision would allow military per- for consumption off premises. of up to 30 percent of assistance pro- sonnel to choose whether they want However, it also makes clear that tax vided to employees. The provision is their combat zone pay to count as in- incentives do apply to the construction temporary, lasting only 6 months, but come for purposes of calculating the of hotels, restaurants, parking lots, it was the right thing to do for compa- EITC. and other attachments to gaming fa- nies that believe in Louisiana and the This provision will help military cilities. gulf as a great place to do business. families with some of their financial I would have much preferred a clean I must also note that the housing burdens. It does not repay the sac- bill, but in the interest of my constitu- amendment had strong support from rifices that they are making for us, but ents, I am offering this amended legis- local and national business organiza- it shows that we are supporting our lation today. I ask unanimous consent tions, including the U.S. Chamber of troops at home as well as abroad. that the amendment be adopted. Commerce, Greater New Orleans, Inc., Ms. LANDRIEU. Mr. President, the Mr. LOTT. Mr. President, I would and Michael Olivier, the Louisiana Senate has taken a big step forward in like to thank Chairman GRASSLEY and State Secretary for Economic Develop- helping Louisiana and the other States Senator BAUCUS for their commitment ment. I ask unanimous consent that affected by Hurricanes Katrina, Rita, to enacting a long-overdue tax bill that their letters of support be printed in and Wilma by passing H.R. 4440, the will help get cash back into the pock- Gulf Opportunity Zone Act of 2005, also the RECORD. ets of businesses and individuals who These tax incentives, however, are known as the GO Zone Act. I realize are rebuilding their lives and their still only a beginning. Tax cuts will that there are a number of very impor- communities in the wake of hurri- not build a levee, and without our lev- tant pieces of legislation pending be- cane’s Katrina, Rita, and Wilma. ees, we will not rebuild New Orleans. I fore the Senate and the House of Rep- By significantly lowering the cost of was pleased that the President recently resentatives as we wind down this ses- capital for small, medium, and large sion. But I want my colleagues to know announced his support for $3 billion in businesses alike, the provisions in this that I am grateful, and the people of additional funding to restore our levees legislation will spur business invest- Louisiana are grateful, for the Senate’s to true Category 3 protection, along ment on the gulf coast, increase the passing this bill by unanimous consent. with a down payment to get us to Cat- supply of affordable housing, and put egory 5 protection. I must thank Chairman GRASSLEY and dislocated employees back to work. Now our focus must be on passing Ranking Member BAUCUS of the Fi- Specifically, this legislation includes Chairman THAD COCHRAN’s hurricane nance Committee for their work on roughly $8 billion in tax incentives to this legislation and for the tremendous relief package, which adds to the Presi- help the gulf coast. These provisions: 50 support of their staffs. dent’s $17 billion request for Federal percent bonus depreciation for prop- The GO Zone Act contains a number assistance another $17.5 billion in aid erty acquired in the GO Zone; double of tax incentives to rebuild our eco- to Louisiana and Mississippi, including small business expensing for small nomic infrastructure. Our State will be funding for levee repairs. The chair- businesses in the Zone; increase the able to issue bonds to build housing, man’s leadership has built up support amount of tax-exempt bonds Mis- roads, bridges, and industrial plants. for the measure in the Senate, but we sissippi is allowed to allocate by $4.8 The bill increases the allocation of need to urge the White House and lead- billion; allow for an additional ad- low-income housing tax credits in the ership in House of Representatives to vanced refunding for bonds previously GO Zone to $18 per person—more than follow suit and commit to giving a issued by Mississippi and by all local nine times the amount we are cur- hand up to the people of the gulf coast. issuers within the GO Zone; increase rently allocated—to build housing to We should not go home for the holidays the amount low-income housing tax allow all of our citizens to return without taking this step for the thou- credits available to Mississippi; in- home. Businesses will be able to get fa- sands still left without homes to go crease the allocation of new markets vorable depreciation and enhanced de- home to. tax credits available for companies in- ductions for investing in plant and Mr. President, with the passage of vesting in Mississippi businesses and equipment in the devastated areas. the GO Zone Act, the Senate has taken construction; allows for a 5-year net These tax incentives are aimed at help- a key step toward helping the people of operation loss carryback for businesses ing our businesses stay in business. We the gulf rebuild our communities. We in the zone; allows for a 10-year NOL also included an expansion of the Hope must finish the job for this year in the for public utility disaster losses; allows scholarship and lifetime learning cred- gulf before we adjourn for the year. public utility disaster losses to be car- it for students who return to the GO I ask that my complete statement ried back 5 years; increases reforest- Zone to continue their educations. and the additional letters in support of ation expensing from $10,000 to $20,000 The bill also contains a housing pro- the Landrieu amendment be printed in for expenses incurred in the Go Zone vision that I offered as a floor amend- the RECORD. for 2006; allows small timber growers a ment when the Senate considered this There being no objection, the mate- 5 year NOL carryback for losses in- legislation. The amendment, cospon- rial was ordered to be printed in the curred in the zone; allows increased ex- sored by Senator VITTER, will create RECORD, as follows: pensing for demolition and clean up reward employers who have provided CHAMBER OF COMMERCE OF THE costs through 2007; and makes the em- housing for workers and their families UNITED STATES OF AMERICA, ployees retention credit available to in the hurricane disaster area. These Washington, DC, December 14, 2005. all employers in the zone. dedicated employers have made it pos- Hon. CHARLES GRASSLEY, We have been at this for several Chairman, Committee on Finance, sible for their workers to live on com- U.S. Senate, Washington, DC. months now. My constituents have pany property so that their business DEAR CHAIRMAN GRASSLEY: On behalf of the been patient, and deserve action now. operations could get going again. They U.S. Chamber of Commerce, the world’s larg- This is a vitally important bill. It is have rented or purchased trailers and est business federation representing more critical that we pass it today and that put them on their property, all hooked than three million businesses and organiza- it is sent to the President for his signa- up to utilities. Our business leaders tions of every size, sector, and region, I write ture before we adjourn. recognized that they could not get to express our support for the Landrieu hous- This amendment modifies recent leg- back on their feet if their employees ing tax credit amendment included as part of islation introduced by Chairman Grass- the GO Zone tax incentive package in the had no place to live near where they Senate tax reconciliation bill (S. 2020). The ley by making clear that the business worked. FEMA has been incapable and proposal would give tax relief to employers tax incentives in this legislation do not incompetent in getting people into in the Katrina disaster area who provide em- apply to the construction of private or housing, so our businesses have stepped ployees with housing so that they can return commercial golf courses, country in to fill the void. to work.

VerDate Aug 31 2005 04:00 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.031 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13707

Many employers in Louisiana have made STATE OF LOUISIANA, lief package, similar to the provisions in the housing available to their employees in LOUISIANA ECONOMIC DEVELOPMENT, S. 2020. Both the House and Senate Katrina order to get their business operations up and Baton Rouge, LA, December 9, 2005. packages will greatly help the people in the running again. The tax reconciliation bill es- Hon. CHARLES GRASSLEY, Gulf rebuild homes, businesses and commu- tablishes a Gulf Opportunity Zone (GO Zone) Chairman, U.S. Senate Committee on Finance, nities. During the Senate’s consideration of S. with a number of additional tax incentive Hart Senate Office Building, Washington, DC. 2020, it adopted an amendment, sponsored by provisions to bring investment and to re- DEAR SENATOR GRASSLEY: Louisiana Eco- Senator Landrieu and cosponsored by Sen- build Louisiana and the Gulf Coast. The nomic Development strongly endorses Sen- ator Vitter, to provide tax relief to employ- Landrieu amendment will encourage more ator Mary Landrieu’s Housing Tax Relief ers in the Katrina affected areas who are employers to do the same. Amendment to the Senate Tax Reconcili- providing housing for their employees. Under The Landrieu amendment will allow em- ation Bill. This amendment will give tax re- the amendment, employees will be able to ployees to exclude up to $600 per month in lief to employers who provide their employ- exclude up to $600 per month in the value of ees with housing so that they can return to employer-provided housing from their in- any housing assistance they receive from work. It is a necessary and important finan- come. An employee will be able to take ad- their employer. Employers will be eligible cial benefit to those Louisiana employers for a tax credit of 30 percent of the housing vantage of this exclusion for housing pro- who have tirelessly worked to bring their assistance they provide to their employees. vided to the employee, the employee’s work forces back to our state and to the The lack of housing to bring back employ- spouse, as well as any dependents. Employers communities damaged by the Katrina dis- ees is one of the largest detriments in bring- who make housing available to employees in aster. ing back the local economy and serves as the the Katrina GO Zone will be allowed a tax In doing so, the proposed Landrieu Amend- base for establishing local commerce. The credit of up to 30 percent of the value of such ment provides relief to employers and their Landrieu-Vitter amendment addresses one of housing. The maximum monthly credit will employees who return to work in rebuilding the most pressing needs in Louisiana, the be $180 per employee. Louisiana from the catastrophic disaster need for housing while we rebuild our econ- that occurred. This is essential so that our omy. Our employers would like to open up We urge you to include the Landrieu hous- businesses can resume operations, our work- for business again, but their employees can- ing amendment in the final version of any ers can return to their communities, and not return to work if they do not have a hurricane tax relief bill that is voted on be- both businesses and their employees can place to live. We have worked with hundreds fore Congress adjourns for the year. have a stake in the recovery of their commu- of employers who have already taken steps Sincerely, nities. Your endorsement of and the ultimate to make housing available to their employ- R. BRUCE JOSTEN, passage of the Act fulfills these important ees through trailers and temporary housing, Executive Vice President, goals. but this amendment will encourage more Government Affairs. Sincerely, employers to do the same. With their em- MICHAEL J. OLIVIER, ployees close by, our businesses can begin Secretary. CHAMBER OF COMMERCE OF THE their operations helping to drive our eco- UNITED STATES OF AMERICA, nomic rebuilding. The Landrieu-Vitter Washington, DC, December 14, 2005. STATE OF LOUISIANA, amendment will help give this growth a LOUISIANA ECONOMIC DEVELOPMENT, Hon. MAX BAUCUS, jumpstart. Ranking Member, Committee on Finance, Baton Rouge, LA, December 9, 2005. We urge you to include the Landrieu- U.S. Senate, Washington, DC. Hon. MAX BAUCUS, Vitter housing amendment in the final Ranking Member, U.S. Senate Committee on Fi- version of any hurricane tax relief bill before DEAR RANKING MEMBER BAUCUS: On behalf nance, Hart Senate Office Building, Wash- Congress adjourns for the year. of the U.S. Chamber of Commerce, the ington, DC Sincerely, world’s largest business federation rep- DEAR SENATOR BAUCUS: Louisiana Eco- MARK C. DRENNEN, resenting more than three million businesses nomic Development strongly endorses Sen- President and CEO. and organizations of every size, sector, and ator Mary Landrieu’s Housing Tax Relief Amendment to the Senate Tax Reconcili- Mr. LOTT. I ask unanimous consent region, I write to express our support for the the substitute amendment at the desk Landrieu housing tax credit amendment in- ation Bill. This amendment will give tax relief to employers who provide their employ- be agreed to, the bill, as amended, be cluded as part of the GO Zone tax incentive ees with housing so that they can return to read the third time and passed, the mo- package in the Senate tax reconciliation bill work. It is a necessary and important finan- tion to reconsider be laid upon the (S. 2020). The proposal would give tax relief cial benefit to those Louisiana employers table, and any statements related to to employers in the Katrina disaster area who have tirelessly worked to bring their the bill be printed in the RECORD. who provide employees with housing so that work forces back to our state and to the they can return to work. The PRESIDING OFFICER. Without communities damaged by the Katrina dis- objection, it is so ordered. aster. Many employers in Louisiana have made The amendment (No. 2680), in the na- housing available to their employees in In doing so, the proposed Landrieu Amend- ment provides relief to employers and their ture of a substitute, was agreed to. order to get their business operations up and employees who return to work in rebuilding (The amendment is printed in today’s running again. The tax reconciliation bill es- Louisiana from the catastrophic disaster RECORD under ‘‘Text of Amendments.’’) tablishes a Gulf Opportunity Zone (GO Zone) that occurred. This is essential so that our The bill (H.R. 4440), as amended, was with a number of additional tax incentive businesses can resume operations, our work- read a third time and passed. provisions to bring investment and to re- ers can return to their communities, and Mr. LOTT. Briefly, I express appre- build Louisiana and the Gulf Coast. The both businesses and their employees can ciation to Senator GRASSLEY, Senator Landrieu amendment will encourage more have a stake in the recovery of their commu- BAUCUS, especially Senator REID for his employers to do the same. nities. Your endorsement of and the ultimate efforts, my colleague from Mississippi, The Landrieu amendment will allow em- passage of the Act fulfills these important goals. Senator COCHRAN, the input and the ployees to exclude up to $600 per month in Sincerely, help and the determination of Senator employer-provided housing from their in- MICHAEL J. OLIVIER, LANDRIEU from Louisiana, and Senator come. An employee will be able to take ad- Secretary. VITTER, Senator HUTCHISON and Sen- vantage of this exclusion for housing pro- ator CORNYN. I will have my additional vided to the employee, the employee’s GREATER NEW ORLEANS, INC., remarks. I thank all those involved. spouse, as well as any dependents. Employers New Orleans, LA, December 9, 2005. This is important legislation. This is who make housing available to employees in DEAR CHAIRMAN GRASSLEY AND RANKING the Katrina GO Zone will be allowed a tax MEMBER BAUCUS: On behalf of Greater New almost $8 billion in tax incentives and credit of up to 30 percent of the value of such Orleans, Inc., the regional economic develop- relief for the people in the hurricane housing. The maximum monthly credit will ment organization for Southeast Louisiana, I areas. It means so much. Now we will be $180 per employee. want to thank you for all of your efforts to be able to pass this back to the House, assist the people of Louisiana and the City of and hopefully they will take it up and We urge you to include the Landrieu hous- New Orleans in our efforts to rebuild our send it directly to the President. ing amendment in the final version of any communities and our economy after Hurri- Mr. REID. This is not the time for a hurricane tax relief bill that is voted on be- canes Katrina and Rita. Under your leader- long statement. I especially extend my fore Congress adjourns for the year. ship, the Senate recently passed a tax rec- Sincerely, onciliation plan, S. 2020 that included $7 bil- appreciation to the chairman and the R. BRUCE JOSTEN, lion in additional incentives for investment ranking member of the Committee on Executive Vice President, to rebuild the Gulf Coast. The House of Rep- Finance—it has been tough sledding— Government Affairs. resentatives has also passed a hurricane re- and, of course, the delegation from

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.025 S16DEPT1 S13708 CONGRESSIONAL RECORD — SENATE December 16, 2005 Mississippi, that of the Senator from I cannot, nor will I, vote for cloture The entire world is watching to see Louisiana. today because I am here to defend what how we strike the balance between in- I ask unanimous consent the Senator the Senate has already done so well in telligence gathering and the Constitu- from Louisiana be recognized for 90 such a bipartisan and in such a tion. We cannot protect our borders if seconds. thoughtful way. We will not adjourn we do not protect our ideals. We need a The PRESIDING OFFICER. Without this session of this Congress without a bipartisan consensus that protects objection, it is so ordered. PATRIOT Act in place, whether it is both our security and our liberty while Ms. LANDRIEU. Mr. President, it the 3-month extension we offered or restoring the public trust. will only take 90 seconds to thank Sen- whether it is the chairman, as he said, Our country is at a new low. Not ator LOTT for his leadership and the and the ranking member sitting down since Watergate has there been such a two managers, Senator GRASSLEY and with the House to once again shape, in lack of openness and honesty in our Senator BAUCUS, who have literally limited ways, those areas we think are Government. Americans deserve better. worked tirelessly on this piece of legis- critically necessary to make sure the The leaking of a CIA agent’s identity is lation to help the people along the gulf balance the chairman so clearly spoke the prime example. The President coast. This is part of a relief package to is adhered to within a reauthorized promised he would clean house of any- that will help us to help ourselves, get PATRIOT Act. one in the White House who had any- our people back home, our businesses So I would urge my colleagues’ calm- thing to do with the leak in the Plame back to work, and the gulf coast on its ness and sensitivity to the funda- case or the coverup. It has been sug- feet, so we can continue to support the mental civil liberties of our country, as gested that the President himself may needs of this Nation through energy we worked so hard to balance them know the identity of the source, and I and commerce and trade. against our country’s and our Constitu- urge him to set the record straight. I thank Senator LOTT particularly tion’s and our Government’s primary The President needs to answer three for the extra effort he has put into this responsibility; and that is to keep us questions: One, what did he know and bill. I thank the leadership for passing safe and secure in a free environment. when did he know it? Two, did he tell it this morning. I thank the ranking member for the special prosecutor, Fitzgerald, the f yielding, and I yield the floor. whole story? And, three, who else The PRESIDING OFFICER. Who knows the facts? CHENEY? Gonzales? USA PATRIOT AND TERRORISM yields time? Ashcroft? If Novak knew and the Presi- PREVENTION REAUTHORIZATION The Senator from Vermont. dent knew, then the American people ACT OF 2005—CONFERENCE RE- Mr. LEAHY. Mr. President, we have should know, too. PORT—Continued only had 21⁄2 hours of debate on this Mr. President, answer these ques- Mr. LEAHY. I yield up to 3 minutes major matter. We have very little tions. to the distinguished Senator from time. I yield up to 3 minutes to the dis- In the last few days, we have heard a Idaho. tinguished senior Senator from Massa- lot about whether America will be The PRESIDING OFFICER. The Sen- chusetts. safer if the Senate approves the PA- ator from Idaho is recognized for 3 min- The PRESIDING OFFICER. The Sen- TRIOT Act conference report this utes. ator from Massachusetts is recognized week. Mr. CRAIG. Mr. President, I thank for 3 minutes. Let’s set the record straight—our na- the ranking member of the Judiciary Mr. KENNEDY. Mr. President, Amer- tional security will not be 3 jeopard- Committee for yielding. Let me also ica deserves laws that protect both ized—at all—if existing laws stay in thank the chairman of the Judiciary their security and their civil liberties. place for 3 more months. These surveil- Committee. I thought he gave a This conference report does not. After lance methods will expire only if the thoughtful overview of the progression years of doubt about the PATRIOT Republican leadership refuses to nego- of time and thought that has gone into Act, this morning Americans woke up tiate—even with Members of their own the conference report that is before the to more startling reports. For the past party. Senate at this moment. 3 years, the administration has been We have unfinished business on the Of all that we do this year that is eavesdropping on hundreds of calls table. The conference report fails to do lasting beyond tomorrow, clearly the without warrants or oversights. These all we can to improve intelligence- PATRIOT Act is one of those pieces of are the newspapers: ‘‘Bush Authorized gathering capabilities and legislative legislation. I say that because it deals Domestic Spying.’’ ‘‘Bush Lets U.S. oversight. with fundamental constitutional rights Spy on Callers Without Courts.’’ Americans deserve a law that pro- in this country. At the same time, it Well, the administration is not re- tects both their security and their lib- deals with our right to protect our- sponding to the article, but they tell erties, and this bill does not. selves against foreign interests that us: Trust us. We follow the law. Give We need to preserve the basic powers might intrude upon our shores. me a break. Across the country and created by the PATRIOT Act, but we The chairman has said so well, it is a across the political spectrum, no one is also need to improve the safeguards very precarious balancing act between buying it anymore. that are indispensable to our democ- the right of the free citizen and a civil This administration feels it is above racy. Civil liberty protections are a society that is protected by law. That the law, and the American people and continuing source of our country’s is what we as Senators are about at our Constitution pay the price. There strength—not just fringe benefits to be this moment. That is what I have al- is no accountability. There is no over- abandoned in time of crisis. ways been about, along with my col- sight. The President continues to ig- We all agree on the need for law en- leagues. That is why some of us joined nore history. forcement and intelligence officers to well over a year and a half ago to say In the 1970s, Big Brother spied on its have strong powers to investigate ter- that when it came time to reauthorize citizens, and the American people rorism, to prevent future attacks, and the PATRIOT Act, here were some pro- stood up and said ‘‘no.’’ President Nix- improve information-sharing between visions that stepped us back toward on’s program, the COINTELPRO, al- Federal, State and local law enforce- the right of free citizens to be pro- lowed broad spying on law-abiding ment. tected by their Government, in fact, American citizens. We stopped Big In the wake of the tragic events on against their Government’s law en- Brother then by establishing the FISA September 11, Congress, the adminis- forcement capability; while at the court to ensure proper oversight and tration, and the country faced the ur- same time not hand-tying the ability protections. Now this administration gent need to do everything possible to of law enforcement and intelligence to believes it is above even those protec- strengthen our national security and come together to review, to inves- tions. This is Big Brother run amok. counterterrorism efforts, and the origi- tigate, and to determine whether some- With these new developments, we must nal PATRIOT Act was our response to one’s acts were terrorist in nature and take a step back and not rush the PA- that need. might put free citizens of our country TRIOT Act, further risking our civil Even at that time, many of us had in jeopardy. protections. concerns about whether the law went

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.021 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13709 too far. In November 2001, Nancy What about other mistakes? The Jus- law enforcement, while maintaining Talanian and a small group of neigh- tice Department tells us that the so- fundamental protections in accord with bors in western Massachusetts came called libraries provision has never the Bill of Rights. As a result, it re- together to launch the Bill of Rights even been used to search a library. ceived unanimous approval of the en- Defense Committee—what has now be- That may be just a clever way of say- tire Senate. come a nationwide movement to pro- ing that it is happening in a different At the first and only meeting of this tect the Bill of Rights. way. In 2002, Attorney General conference, I urged my colleagues to This small Massachusetts group en- Ashcroft told Congress that ‘‘national support the Senate bill, keeping in couraged similar community discus- security letters’’ would be the better mind the recommendations of the bi- sions across the country. Seven States tool for library searches anyway. partisan 9/11 Commission, which made and hundreds of local governments en- Maybe Ashcroft was right. The so- clear that the executive branch has the gaged in vigorous public debate on the called libraries provision has only been burden of proof to justify why a par- scope of the PATRIOT Act. As of this used 35 times—but over 30,000 national ticular governmental power should be week, 400 resolutions have been passed. security letters have been issued, ac- retained—and Congress has the respon- These efforts can’t be casually dis- cording to the Washington Post. The sibility to see that adequate guidelines missed because the administration public doesn’t know if that number is and oversight are made available. claims there have not been any accurate, because the administration On the two most contentious surveil- ‘‘verified abuses’’ of the PATRIOT Act. refuses to confirm it. lance methods, the executive branch The Republican leadership tells us The conference report will require has failed to meet the 9/11 Commis- that time has run out and this legisla- public reporting on the use. It will also sioners’ burden of proof—much less the tion must be passed without further de- require the Inspector General to audit burden of persuasion. The American bate. We are told that enough over- their use. people are not convinced that these sight has taken place. But under these authorities, the Gov- methods achieve the right balance be- But it took 2 years—2 years—for the ernment is not required to obtain a tween our national security and pro- Department of Justice to respond to court order. Your local library has no tection of our civil liberties. questions from the Senate Judiciary clear right to challenge demands for This conference report, however, Committee about the use of the PA- computer records in court. For con- failed to meet the 9/11 Commissioners’ TRIOT Act tools. We didn’t receive the sumers, there is zero protection—much recommendations. It is especially significant written answers until after less notice—if your records are taken alarming that the Commissioners’ re- the committee approved its bill. by mistake. The recipient of a national port card gave five failing grades in We then learned that the Federal security letter is barred forever from key areas of need. Obviously, America Government has only reported three talking about it—even if the need for is not as safe as it should be. instances in which a U.S. person was Snooping on library computers is no secrecy no longer exists. informed of a search because there was On these national security letters, substitute for strong and effective no national security interest in keep- the conference report has two major steps to prevent terrorist attacks. ing it secret. Only three times has the With this conference report, some shortcomings. One of the most glaring Attorney General notified a United harsh provisions were deleted, but omissions is the failure to include a States person that they have been other abusive provisions were added. sunset provision for national security searched. Debate about extraneous provisions Yet we read more newspaper stories letters, which would be consistent and took priority over improvements in the about FBI mistakes. The FBI says it logical given the new reporting and au- core provisions. It appears that the PA- averages about 10 mistakes a year. As diting provisions contained in the con- TRIOT Act can’t get better without a result of litigation, the FBI has ad- ference report. Without doubt, it is also getting worse. mitted publicly that unauthorized elec- more meaningful to have a sunset on a The administration wants to get this tronic surveillance has gone on for provision used 30,000 times than one bill done—but the American people months before mistakes were caught. that is used 35 times. want it done right. Now, I don’t doubt that the FBI is What we anticipated 4 years ago is I urge my colleagues to join in sup- trying to do a good job—but how many abundantly clear now: 4-year sunsets porting our bipartisan bill to extend mistakes does it take to count as an are the only means to ensure adequate the deadline for the expiring provisions abuse? congressional oversight of controver- for another 90 days. With a March 31 This administration tells us to dis- sial law enforcement and deadline, we can deal responsibly with regard such mistakes because the in- counterterrorism activities. the major issues still on the table. Se- formation is being collected only about In addition, recipients of these orders rious concerns about the standards and individuals linked to terrorism. Clear- should have a meaningful right to judi- oversight of the most contentious sur- ly, that is not the case. cial review. The administration’s ac- veillance methods can and must be ad- I know personally about mistakes in quiescence in giving recipients the dressed. the war on terror. Not long ago. I was right to consult an attorney is not a Our Senate bill contained funda- on the no-fly list, and had to make a meaningful concession. The Justice De- mental protections in accord with the number of calls to clear up the result- partment has already taken that posi- Bill of Rights. It passed with our unan- ing confusion. tion in litigation. The conference re- imous support, and it is disappointing Countless others have had a similar port does not advance civil liberties on that this conference report fails to do experience. I received a letter from a that point. In fact, it makes it harder the same. man in California. He had gone to the to win in court. Under the conference We need an effective strategy to win airport with his family to begin a vaca- report, banks, phone companies, and li- the war on terror, a strategy that tion to Disneyland. Arriving at the air- braries challenging these authorities strengthens terrorism laws that work, port, they encountered an unexpected will have to overcome an even higher corrects laws and policies that don’t, surprise. His nephew, Liam Collins—at threshold in court, and companies may and protects the rights and privacy of that time just 7 years old—was on the have to turn over records even where all law-abiding Americans. government’s no-fly list. Seven years there is not even an individualized sus- The entire country is watching to see old and on the no-fly list. picion of terrorism. how we strike the balance between na- Liam and his family convinced air- The Federal Government should tional security and the Constitution. port officials it was a ‘‘mistake.’’ Liam focus on whether the country is doing We are very close to agreement on this made it to Disneyland but he sent me enough to protect citizens from an- bill. Let’s take the necessary time to a picture about his experience—which other terrorist attack, and is providing reach a bipartisan consensus that pro- had become a memorable part of the adequate safeguards to protect funda- tects both our security and our liberty, trip. mental civil liberties. and restores the public trust in Con- Since then, Liam hasn’t traveled by What Americans want and deserve is gress as an institution. plane, so no one knows whether the responsible legislation. Our Senate bill Mr. CORNYN. Mr. President, I come ‘‘mistake’’ has been fixed. included the necessary assistance for to the Chamber today to speak about

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.015 S16DEPT1 S13710 CONGRESSIONAL RECORD — SENATE December 16, 2005 the PATRIOT Act reauthorization con- ports issued by the Department of Jus- ment officials should never again be ference report. While this agreement tice’s independent inspector general left wondering whether the Congress does not give everyone all that they have repeatedly found no systematic will manage to agree to reauthorize the want, it is the result of lengthy, dif- abuses of any of the provisions of Pa- tools that protect our Nation. ficult negotiations. It represents a rea- triot. Second, these provisions are car- But realizing that there are those sonable compromise for all parties in- ried out by professional and dedicated who feel that these sunsets are impor- volved, and it extends tools important law enforcement officers in a way that tant to the negotiations, I choose to to our national security, while enhanc- respects the rights of all Americans. support the sunsets, even though if we ing civil liberties protections. It has been said that time is a great were going to have sunsets I would It has been more than 4 years since healer. And, as time goes by, the shock have preferred the 10-year sunsets in- the terrorist attacks of September 11, we all felt following the 9/11 attacks cluded in the House-passed version. 2001. In the days, weeks, and months has abated, somewhat. But as we recall This conference report retains 4-year since that day, the American people those terrible memories, we are re- sunsets for two of the most controver- have braced themselves for the possi- minded of the institutional failures of sial PATRIOT Act provisions, the bility of another terrorist attack on our Government that failed to prevent multipoint or ‘‘roving’’ wiretaps and our homeland. the attacks. And we as a Nation, and the business records provision. After all, we know all too well that the Congress in particular, vowed to It also includes a sunset for the al-Qaida is a stealthy, sophisticated, tear down the walls that prevented in- ‘‘Lone Wolf’ provision added to the and patient enemy, and its leadership formation sharing, and to enact other Foreign Intelligence Surveillance Act is motivated to launch another dev- tools vital to defending this country. It by last year’s Intelligence Reform Act. astating attack on American citizens is clear that the PATRIOT Act has This guarantees the Congress will re- and soil. played a significant role in this proc- view these provisions and continue to Outside the United States, al-Qaida ess, as it has been instrumental in dis- conduct rigorous oversight. and its affiliates have continued to be mantling terrorist cells from New York Senator SPECTER and others on the remarkably active, responsible for nu- to Oregon. conference attempted to address civil merous attacks, spanning the globe The failure to pass this conference liberty concerns in many ways, for ex- from Pakistan to Bali, Spain to Lon- report will cause these critical tools to ample, dealing with the delayed search don. lapse. It will weaken our country by re- warrant provision. As my colleagues It is precisely because al-Qaida is so verting to September 10th-era tools. know, this section is not to sunset. aggressive, so motivated, and so de- We cannot allow that to happen. We Nevertheless, recognizing the sensi- monstrably hostile to America that I are living in profoundly different tivity to this provision certain Mem- am grateful that, to date, they still times. There are obviously deep feel- bers had, the conference report re- have not successfully launched another ings about the PATRIOT Act from all quires the Government to now give no- attack on our soil. There are undoubt- quarters. I and others support the PA- tice of any search under this provision edly many reasons for this. First and TRIOT Act and have been vocal about within 30 days of its execution, unless foremost: the brave men and women of making these provisions permanent. the facts justify a later date certain. our Armed Forces. They are fighting Because not everyone agrees with this Although the 30-day period is a few the terrorist abroad so that we do not view, negotiations and compromises weeks longer than the 7-day time limit have to face them at home. Also, our took place to reach an agreement that contained in the original Senate bill, it efforts to strengthen antiterrorism and achieves the dual goals of continuing is considerably shorter than the 180 law enforcement tools through the these critical authorities and enhanc- days permitted under the House bill. USA PATRIOT Act has had much to do ing congressional and judicial over- The conference report allows for exten- with this record of success and peace to sight. sions but only ‘‘upon an updated show- date. Some have proposed that we pass a 3- ing of the need for further delay.’’ Also, This diligence that has kept us safe month extension to continue working it limits any extensions to 90 days or at home must continue. The war on on the reauthorization. I oppose that. less, unless the facts of the case justify terrorism must be fought aggres- The Congress placed a December 31, a longer delay. sively—but consistent with the protec- 2005, deadline for a reason. The Presi- It also adds new public reporting on tion of civil rights and civil liberties. dent, the Attorney General and the the use of delayed notice warrants, so That is why I am disappointed when we House support this agreement. We that Congress and the American people witness false reports and scare tactics should vote on this agreement, and I will be better informed about the use of about phantom civil rights violations. intend to vote for cloture and will sup- this provision. Such reports and tactics serve no le- port the conference report. My time is short today, but I want to gitimate cause—but they do a grave However, if we are searching for al- briefly mention other civil liberties disservice to the American people. ternatives, I propose the Senate take protections Chairman SPECTER nego- Whenever real civil liberties problems up and immediately pass legislation tiated. The report made explicit the do arise, we must learn about them that I cosponsored last Congress which ability of recipients of NSL letters and right away, so that we can fix them would strike all of the sunsets con- 215 orders to seek judicial review. Sig- swiftly. Congress works hard to strike tained in the PATRIOT Act. This nificantly, on both of these authorities, both a careful and wise balance be- would eliminate the deadline we face, the conference report requires the in- tween national security and civil lib- those in the House and those in the spector general to conduct two audits erties. While this is not always easy, Senate can offer what they consider of these authorities, one audit covering we do so with the best interests of our improving legislation and work to 2002 through 2004; another covering Nation in mind—and we do so in a move it through the regular legislative 2005–2006. And, in recognition of con- manner that is both honest and in good process. That way, none of the vital au- cerns about NSLs, the conference re- faith. This conference report strikes a thorities will be allowed to lapse and port adds a new ‘‘sunshine’’ provision. careful balance by both preserving the any changes that majority of the Con- Namely, it requires annual public re- provisions that have made America gress supports will be implemented porting on NSLs, including the aggre- safer since 9/11 and increasing congres- through the regular order. gate ‘‘number of requests made by the sional and judicial oversight—which Beyond this proposal, I want to dis- Department of Justice.’’ should alleviate the concerns of those cuss some of the specific items ad- Additionally, this report gives the who believe the law enforcement tools dressed by the conference report and Senate Judiciary Committees access to endanger civil liberties. try to explain why I think this report significant FISA reporting currently Many who oppose this agreement do should be supported, beginning with provided to the Intelligence Com- so because of concerns that law en- sunsets. mittee. It also includes a provision co- forcement will abuse these tools. While I have stated that I oppose sunsets sponsored by Senators SPECTER and a legitimate concern, it simply has not for this important legislation. I believe LEAHY requiring that rules and proce- been borne out by facts. First, the re- that our intelligence and law enforce- dures of the FISA court be supplied to

VerDate Aug 31 2005 04:48 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.020 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13711 Congress. It further creates new report- uphold civil liberties in our society. by the Pentagon’s dismal enforcement ing requirements to Congress for the There have been times when the Con- of guidelines that reuire deleting infor- use of emergency authorities under gress has succeeded in achieving this mation on American citizens from a FISA and requires new reporting on fine balance, and there have been times counterterrorism database within 3 the use of emergency disclosures of when the Congress has failed to do so. months if they pose no security communications information made In 2001, I supported the passage of the threats. under Section 212 of the PATRIOT Act. PATRIOT Act because I believed the Government agencies are not fol- And finally, it retains a modified legislation that emerged from the con- lowing important rules and procedures version of the data-mining report conference between the House and the Sen- designed to protect the American peo- tained in the House-passed bill which ate had achieved this goal. However, ple. Just this summer, the nonpartisan will require the Department of Justice this legislation has since been used for Government Accountability Office to submit a report to Congress on the purposes beyond what we had envi- issued a report at my request which Department’s data-mining activities. sioned 4 years ago, and that troubles found that agencies are not following I also want to mention another provi- me. As a result, I have cosponsored the privacy laws designed to protect per- sion contained in the conference report Security and Freedom Enhancement, sonal information in Federal data min- because it is based on legislation that I SAFE, Act, which would modify the ing systems. Considering that there are introduced in the Senate. The Narco- law. nearly 200 data mining systems in the Terrorism Prevention Act confronts I was pleased to support the legisla- Federal Government, these actions the new reality and very real danger of tion to reauthorize the PATRIOT Act pose real threats to Americans’ pri- the deadly mix of drug trafficking and as it unanimously passed the Senate vacy. terrorism. earlier this year. This version reflected Merely having policies and safe- Terrorists, like the old organized many of the important changes con- guards in place does nothing if agencies crime syndicates from the past, have tained in the SAFE Act. It would have are not following the law. As such, I recognized that illegal drug trafficking restored the balance between security cannot vote to renew some of the most is a valuable source of financing and and civil liberties, while the House troublesome PATRIOT Act provisions another way to threaten our country. version would further tilt the balance that threaten civil liberties, including My State is experiencing the collat- away from civil liberties. I was hopeful the Government’s far-reaching powers eral effects of a drug war being carried the final conference report on this leg- to obtain personal, medical, library, out by modern day narco-terrorists in islation would reflect the Senate and business records or coduct ‘‘sneak- Nuevo Laredo, Mexico. News reports version, but unfortunately, this is not and-peek’’ searches, without ensuring have described an ongoing battle be- the case. that meaningful checks and balances tween rival drug cartels over drug This conference report falls short in are in place. restoring the balance between security smuggling routes from Mexico into the I want to assure the people of Hawaii and civil liberties, and therefore I can- United States. These organizations as- and all Americans that I am working not in good conscience support its pas- sassinate police officers and other gov- on legislation to strengthen Federal sage. The conference report falls short ernment officials in a clear attempt to privacy laws. force the local government to allow because the legislation contains no Mr. BINGAMAN. Mr. President, I rise these organizations to carry on their sunset for controversial provisions like today to speak in opposition to closing illegal activity, unimpeded. Our gov- ‘‘sneak and peek’’ warrants; the legis- off debate on the PATRIOT Act con- ernment needs every available tool at lation’s standard for being able to ob- ference report as it has come back to its disposal to combat this activity. tain records is only mere relevance, the Senate. This new provision makes it a Fed- rather than requiring an actual con- eral crime designed to punish the traf- nection with a spy or terrorist; the leg- The events of September 11 dem- ficking of controlled substances which islation makes it nearly impossible to onstrated various deficiencies in our are intended to benefit a foreign ter- obtain a meaningful judicial review of understanding of the terrorist threat rorist organization or any one else production orders and the gag orders and our capabilities in terms of com- planning a terrorist attack. It also car- that accompany them; and the legisla- bating terrorism. In response, Congress ries stiff penalties for anyone con- tion allows for a disturbing lack of no- acted decisively and passed the PA- victed. Importantly, it provides for tice to individuals whose records are TRIOT Act to ensure that our Govern- extraterritorial jurisdiction which al- obtained under the law. ment has all the tools necessary to pro- lows law enforcement to reach beyond In short, this legislation fails to re- tect the American people. I supported our borders to arrest and deter those store the critical balance between se- that legislation. who intend to carry out a crime of this curity and civil liberties, a balance The PATRIOT Act, as originally en- nature. that I believe all Americans consider a acted, was 342 pages long and contained Mr. President, I have opposed chang- vital part of our democracy. 10 titles and 116 sections. The bill im- ing the core provisions of the PA- Therefore, I will oppose limiting de- proved our laws with regard to inter- TRIOT Act and have opposed any in- bate on the conference report and final national money laundering, terrorism crease in the burdens for terrorism or passage of the conference report in its financing, intelligence gathering, sur- national security investigations or on current form. Given that the end of the veillance, cooperation between law en- terrorism or national security inves- session is fast approaching, we should forcement and intelligence authorities, tigators because they should have the pass a short-term extension of the ex- and strengthened our criminal laws re- same tools available to them as do or- piring PATRIOT Act provisions, as ad- lating to terrorism. The vast majority dinary criminal investigators. vanced by Senators LEAHY, SUNUNU and of these provisions are not expiring. We must remain vigilant, and we others, to allow this conference report They remain the law of the land. In- must make sure that evidentiary hur- to be improved and ultimately strike deed, only 16 of the most controversial dles do not creep back into the law in the proper balance. sections in the bill contained sunset terrorism and national security inves- Mr. AKAKA. Mr. President, today I provisions. tigations. We should avoid moving raise my strong concerns about news Congress recognized that we were ex- back to a pre-9/11 mindset. I believe reports regarding the administration’s tending to law enforcement and intel- that the package before us today con- blatant disregard for American’s pri- ligence authorities expansive new sur- tinues the reforms we have made in the vacy rights and civil liberties. I am veillance powers and that it was impor- post-9/11 period, and I intend to vote in shocked by the recent revelation that tant to go back and look at how these favor of this package. President Bush secretly authorized the powers have been used and whether we Mr. JEFFORDS. Mr. President, since National Security Agency to eavesdrop needed to make any changes in the law the beginning of our country’s history, on Americans and others inside the to ensure that Americans’ civil lib- Americans have recognized the vital United States to search for evidence of erties are protected. While I support importance of balancing the safety and terrorist activity without court-ap- the reauthorization of these expiring security of our people with the need to proved warrants. I am equally appalled provisions, I believe that there are

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.023 S16DEPT1 S13712 CONGRESSIONAL RECORD — SENATE December 16, 2005 changes that need to be made to ad- issued by the FBI, without any judicial yet little has been said about the very dress some of the problematic provi- review, to a business to obtain certain important section of the conference re- sions. records, such as financial records, that port, the Combat Meth Act. Let me be clear. I support giving law it believes are relevant to a terrorism The methamphetamine problem in enforcement the tools necessary to ag- or intelligence investigation. this country needs attention. Meth- gressively fight terrorism but believe The conference report does allow a amphetamine abuse has increased dra- that modest modifications are required NSL recipient to challenge the NSL in matically in recent years, reaching all to ensure that we protect constitu- court, but it also stipulates that re- comers of the United States. It is a tional rights and properly balance civil gardless of whether there are national very large problem in the State of liberties with national security con- security concerns, all of the Govern- Montana. cerns. To this end, in July the Senate ment’s submissions are secret and can- That is why I was pleased when the unanimously passed a bipartisan bill not be shared with the person chal- Senate gave methamphetamine the at- that would reauthorize the PATRIOT lenging the order. And to be clear, the tention it deserved. And we worked to- Act with important safeguards in place business being denied knowledge of the gether to produce a bipartisan bill. to protect the rights of Americans. Al- ‘‘governmental submissions’’ is not the The Senate Combat Meth Act pro- though this bill wasn’t perfect, it target of the investigation but the re- vided greater regulations for meth- struck a reasonable balance between cipient of the order for the requested amphetamine, just what law enforce- giving law enforcement the tools they documents. ment officers asked us for. The Senate need and protecting civil liberties. Also the recipient of the NSL is sub- bill focused on regulation, monitoring, When the PATRIOT Act was origi- ject to an automatic gag order. Al- treatment, and prevention. nally passed in 2001, Congress provided though the gag order can be challenged The conference report does not pro- that some of the controversial provi- in court, the only way to prevail is to vide the same provisions we negotiated sions, such as section 215 which allows demonstrate that the Government is in the Senate for the Combat Meth the Government access to library and acting in bad faith, a burden that is al- Act. Though I support the ideas behind medical records, would expire in 2006. most impossible to prove. many sections of the conference report, One example of where the current I also have concerns about other as- including the restrictions on the allow- version of the bill falls short is with re- pects of the conference report, such as able quantity purchasable, the require- gard to section 215, the so-called li- the ‘‘sneak and peek’’ provision which ment for over-the-counter medicines brary provision which allows the Gov- allows law enforcement to search containing pseudoephedrine to be sold ernment to obtain sensitive personal homes without notifying individuals of by a licensed pharmacist, and the es- records, including library, business, the search for an extended period of tablishment of a log book for these and medical records, of Americans by time. products, I still do not believe we have merely saying that they are relevant This bill has profound implications done enough to solve the methamphet- on the constitutional rights of Ameri- amine problem. to a terrorism investigation. This pro- cans, and I strongly believe that we In addition, the conference report vides the Government almost unfet- shouldn’t be hastily approving a bill changed the drug kingpin statute and tered authority to look at the personal that falls short of adequately pro- lowered the eligibility thresholds for records of Americans. Under the Sen- tecting civil liberties. death sentences and mandatory life ate-passed bill, the Government would Simply reauthorizing the most con- sentences. This is not what we need have to demonstrate that the person troversial provisions and saying that most. We need to work more on preven- whose records they are seeking has we will take another look at the bill in tion. some connection to a suspected ter- 4 years when the new sunset provisions Though I voted to oppose cloture on rorist or spy. expire is not the appropriate way to the PATRIOT Act, I support the Com- In particular, the Government would deal with this issue. It has been 4 years bat Meth Act and the need for legisla- have to show that, No. 1, the records since the bill was enacted and it is tion on this important issue. We must pertain to a suspected terrorist or a time that Congress addresses the sub- help solve the methamphetamine prob- spy; or No. 2, that the records pertain stantive problems with the act. lem. Law enforcement officers depend to an individual in contact with a sus- The Senate has demonstrated that it on us. Methamphetamine addicts de- pected terrorist or a spy; or No. 3, that is prepared to reauthorize all of the expend on us. And children of meth- the records are relevant to the activi- piring provisions, and there is no need amphetamine users depend on us to ties of a suspected terrorist or spy. It is to pass this version of the bill in its work together to bring this piece of reasonable to require that if the Gov- flawed form. I agree with Senator legislation to the floor again. ernment is going to look at the private LEAHY that we should temporarily ex- I will work with my colleagues to records of Americans without a tradi- tend the PATRIOT Act for 3 months to make sure methamphetamine is a high tional warrant that the Government give Congress more time to work out priority issue when we come back after show at a minimum that the request the remaining issues in a thoughtful the New Year. for records has some connection to a way. It is my hope that a solution can Mrs. CLINTON. Mr. President, in the terrorist and isn’t just part of a fishing be reached that reflects the common- wake of the September 11 terrorist at- expedition. sense improvements that were included tacks, this body came together—Re- In addition, when a person receives a in the Senate-passed version of the bill. publicans and Democrats alike—around section 215 order requesting medical Mr. BAUCUS. Mr. President, I rise the shared goal of preventing a similar records or library records, the person today to speak about the Combat Meth tragedy from ever occurring again on who receives this request is subject to Act. I am proud to be a cosponsor of our soil. Toward this end, Congress an automatic and permanent gag order the Combat Meth Act because it ad- worked in a bipartisan manner to pass that prevents them from speaking dresses a problem that impacts every the provisions of the USA PATRIOT about the order or challenging the gag aspect of our society. I was excited Act, legislation that expanded many of order in court. Similar restrictions on when the Combat Meth Act was in- our laws, providing our Government challenging gag orders have been found cluded as part of the Commerce, Jus- and law enforcement with the tools to be unconstitutional and a violation tice, State Appropriation bill this year, needed to ably combat these threats. of the first amendment. and I was extremely disappointed that We understood then, as we do now, that Another section of the bill that is of it wasn’t included in the final con- these tools are important in our fight great concern relates to national secu- ference report. Though Senator LEAHY against terrorism. And because there is rity letters, or NSLs. These requests requested that the Combat Meth- no greater responsibility that we bear for documents are similar to section amphetamine Epidemic Act be pre- as Members of this body than ensuring 215 orders except that they do not resented to the Senate as a freestanding the safety of our citizens, I voted in quire any court approval at all. Al- bill, it is unfortunately included at the favor of the USA PATRIOT Act in 2001 though a section 215 order needs to be end of the PATRIOT Act. and supported its reauthorization when approved by the Foreign Intelligence So much has been said on the PA- the Senate considered its bill earlier Surveillance Court, a NSL is simply TRIOT Act’s civil liberty provisions, this year.

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.075 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13713 But even in the immediate aftermath tains a variation of the current law’s sion that seriously curtails the habeas of the September 11 tragedy, Congress exceptionally lenient standard of re- corpus rights of prisoners to challenge recognized that in its haste to give law view, a standard that effectively turns their convictions in court. This provi- enforcement these expanded powers, the courts into little more than a sion was in neither the House nor Sen- there was a risk that this new author- rubberstamp. Further, the conference ate bills, and there has been practically ity was coming at the expense of con- report does not give the recipient of a no debate on the merits of this change. stitutionally guaranteed rights and lib- FISA order any express right at all to Apart from the serious civil liberties erties. And so in the wisdom of both seek meaningful judicial review of its concerns, perhaps the greatest short- Republican and Democratic legislators, gag order. Quite simply, the conference coming of the conference report is its several provisions of the PATRIOT Act report places inadequate checks on failure to incorporate a threat-and- included 4-year sunsets, allowing Con- these orders. risk-based formula for the allocation of gress the opportunity to revisit wheth- Another failure of the conference re- critical homeland security funds to our er the PATRIOT Act strikes the proper port was exposed in an article appear- local communities, States, and first re- balance between securing our safety ing in the Sunday, November 6, 2005 sponders. This deficiency was empha- and ensuring our freedom. edition of The Washington Post, which sized just last week by the former 9/11 I have very serious concerns that the brought to light a very troubling prac- Commission, which issued a blistering current PATRIOT Act reauthorization tice by the FBI that underscores the indictment of our homeland security conference report, which was nego- importance of adopting proper safe- failures. As I said earlier, I have long main- tiated largely without the input of guards. tained that protecting the security of Democrats, does not do enough to National security letters, NSLs, are our citizens and our homeland is the strike this proper balance. I believe administrative subpoenas that allow most important responsibility I bear as that we can be both safe and free. The the FBI to obtain sensitive information a Senator. To that end, I believe that conference report falls well short of about ordinary Americans in national to truly make America safe, we need to achieving that goal. I am hopeful that security cases. NSLs are issued by FBI carefully allocate our homeland secu- bipartisan negotiations can result in a agents without the authorization or rity resources. We need to make sure compromise bill like the one agreed to approval of a judge, grand jury or prosecutor. While the FBI has long em- that the money gets to where it is in the Senate in July, a bill which did needed, that our American cities and a far better job of protecting our civil ployed NSLs, the PATRIOT Act greatly expanded their scope, significantly States living under the greatest threat liberties. receive the funding they need to pro- The current conference report fails in lowering the standard for their tect themselves. Unfortunately, up many respects. issuance. The result has been, accord- Section 215 of the PATRIOT Act ing to The Washington Post, a until now, a substantial portion of our gives law enforcement in domestic in- ‘‘hundredfold increase’’ in their use, homeland security money has been allocated according to congressionally telligence investigations nearly limit- with the FBI annually issuing thou- mandated formulas that bear little re- less power to obtain all types of per- sands of NSLs demanding private infor- lation to need and risk. sonal records, including business, li- mation about ordinary Americans not Our resources should be dedicated to brary, and medical records. Under cur- necessarily suspected of any crime. addressing our most glaring weak- rent law, the Government merely needs These records include financial, li- nesses. During their negotiations, I en- to demonstrate that the records it brary, credit card, telephone, Internet couraged my House and Senate col- seeks are ‘‘sought for’’ a terrorism in- service provider, and e-mail records as leagues considering the PATRIOT Act vestigation. Upon such a showing, a se- well as customer transaction informa- reauthorization bill to account for this cret court is required to issue the tion. These NSLs are governed by reality in our homeland security fund- order. This is an extremely lenient strict gag orders that prevent compa- ing. I have maintained—as the former standard, one that for the first time nies from telling their customers that 9/11 Commission reiterated in its report gives the Government almost un- their records were given to the FBI. last week—that lawmakers should checked access to the sensitive per- As this description suggests, NSLs cease playing politics with the alloca- sonal information of innocent Ameri- are very similar to section 215 FISA or- tion of our limited resources by pro- cans. To compound matters, the third ders but with one very critical dif- moting distribution formulas that ig- parties—business, libraries, hospitals, ference—NSLs do not require the Gov- nore risk and threat. The Commission’s and the like—who are recipients of ernment to get any court approval report card was a condemnation of this these orders are subject to an auto- whatsoever. While NSLs can be an im- administration and the Congress, both matic gag order. They cannot tell any- portant tool in our fight against ter- of whom have demonstrated far too lit- one that they have been asked for rorism, their unfettered and unchecked tle urgency in enacting the reforms these records, including the person use makes them susceptible to abuse needed to properly secure our home- whose documents the Government is that infringes upon the privacy of inno- land and fight the war on terror. seeking. cent people. The Senate version of the The former 9/11 Commission sent a Given its broad scope, this provision PATRIOT Act reauthorization bill cre- clear, discernible message to the entire has tremendous potential for abuse. In- ated important checks on the power to Nation last week—reform is needed at nocent Americans should not be sub- issue and enforce NSLs—protections all levels of Government. The failure to jected to these possible intrusions absent from the conference report— incorporate in the PATRIOT Act con- when adequate safeguards can be writ- without hindering the effectiveness of ference report a much-needed threat- ten into the law, ones that would not this law enforcement tool. based formula for the allocation of sacrifice the utility of these orders as a Other sections of the conference re- homeland security funds is a major law enforcement tool. Americans port give rise to additional concerns. shortcoming and needs to be corrected. should not have to hope that the Gov- The conference report would give law As I noted at the outset, apart from ernment will demonstrate self-re- enforcement the free-wheeling power these concerns, the PATRIOT Act con- straint in its exercise of this power, to impose roving ‘‘John Doe’’ wiretaps tains provisions that provide law en- nor should they fear that their per- without the safeguards needed to pro- forcement with important tools in the sonal records will be part of a Govern- tect innocent Americans from unneces- war on terror. Because we cannot af- ment fishing expedition. sary surveillance, casting aside impor- ford to be without these tools, I am The Senate bill, which I supported, tant checks on this power that were in- supporting bipartisan legislation that not only required the Government to cluded in the Senate bill. The report will extend the sunsetting provisions of meet a higher standard before issuing would also give the FBI the right to the PATRIOT Act by 3 months. Just these orders, it also gave recipients of enter and search a home or business because we are coming up against the a FISA order an explicit and meaning- without providing notice to the owner end of the year does not mean we ful right to challenge these orders and of the residence or business for a should have to compromise the rights their accompanying gag orders in month or longer after the search. And of law-abiding Americans. This exten- court. The conference report sadly re- the conference report contains a provision will preserve the current state of

VerDate Aug 31 2005 04:48 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.076 S16DEPT1 S13714 CONGRESSIONAL RECORD — SENATE December 16, 2005 the law on a temporary basis, giving The PRESIDING OFFICER. The Sen- Act, and to ensure that it better pro- those working on the bill the oppor- ator from Pennsylvania. tects civil liberties without under- tunity to craft a compromise that both Mr. SPECTER. Mr. President, let me mining law enforcement’s ability to do safeguards our liberty and gives our agree with Senators who have spoken their job in terrorist investigations. law enforcement the capabilities they out very sharply in opposition to the I met with the Attorney General need to effectively combat and inves- disclosures in the press this morning after he was confirmed. I know Senator tigate terrorist threats. I am also hope- about ‘‘President Bush Lets U.S. Spy CRAIG and others did the same thing. I ful that during this 3-month extension, on Callers Without Courts.’’ That is spoke to senior White House staff not those working on the reauthorization wrong, clearly and categorically weeks, or months, but as long as a year bill will heed the call of the former 9/11 wrong. ago and underscored the importance of Commission and include provisions If you read some of the fine print, sitting down and working through the that mandate the distribution of home- there are some indications that there legislation. I made very specific rec- land security funds on the basis of were some level heads within the exec- ommendations in just a few key areas threat and risk. utive branch. If you get down into the of the PATRIOT Act and indicated that While we all recognize the impor- fine print—it takes a lot of reading be- we could come to an agreement on a tance of equipping our law enforcement yond page 1 and the other headlines— strong bipartisan bill. with the tools they need to effectively this appears: I heard effectively nothing in re- combat terrorism, we also must ensure [I]n mid-2004, concerns about the program sponse to that request. Moreover, even that those tools are administered in a expressed by national security officials, gov- after all of our requests, no substantive manner that does not unnecessarily re- ernment lawyers and a judge prompted the material has been provided to argue strict the freedom and liberty that are Bush administration to suspend elements of how our specific changes would weaken the hallmark of American life. Like all the program and revamp it. or undermine law enforcement’s ability Americans, I am troubled by recent re- Later the article says: to do its job in pursuing terrorists. A ports that the President signed an Several national security officials say the standard should be to put in place order in 2002 that authorized the Na- powers granted the N.S.A. by President Bush which will protect civil liberties no tional Security Agency to conduct do- go far beyond the expanded counterterrorism matter who holds the power in the ex- mestic spying on U.S. citizens and for- powers granted by Congress under the USA ecutive, the legislative or the judicial eign nationals in the United States, de- PATRIOT Act. . . . branches. spite legal prohibitions against such There is no doubt that this is inap- So we are here today with a con- activity. Likewise, I am disturbed by propriate. The chief judge of the For- ference report that has many short- recent reports that the Department of eign Intelligence Surveillance Court comings, including a 215 standard that Defense is maintaining a database in stepped in and said: Don’t provide this is too broad and could potentially be order to monitor the activity of peace- court with any information you got abused. There is no reason why we can- ful antiwar groups. The balance be- this way to get a warrant. Just don’t not clarify it to assure a connection to tween the urgent goal of combating do it. a specific spy or a terrorist. The con- terrorism and the safeguarding of our So if you read the fine print, there ference report also has no meaningful most fundamental constitutional free- were some parts of the system which judicial review of national security let- doms is not always an easy one to were working. But it is inexcusable to ters. Specifically there is a gag order draw. However, they are not incompat- have spying on people in the United requirement on national security let- ible, and unbridled and unchecked ex- States without court surveillance in ters that can only be overturned by a ecutive power is not the answer. violation of our law, beyond any ques- showing of bad faith on the part of the I believe the conference report falls tion. And I can tell you that this will short of this goal, and I am hopeful Federal Government. This is a require- be a matter for oversight by the Judici- that with more time, those negotiating ment that will never be met by any in- ary Committee as soon as we can get to these provisions will find the proper dividual or small business. it in the new year—a very high priority There is no judicial review explicit of balance. Mr. PRYOR. Mr. President, I would item. the 215 gag order in the bill. This sec- like to state for the record that I am I might add, by way of addendum, tion requires that all evidence from the disappointed we were not able to pass a that on a morning when we come to recipient of a 215 order is kept, even if version of the PATRIOT Act today. My have a vote on the PATRIOT Act, it is that evidence is unclassified. It re- vote against cloture should not be a little disconcerting to see these head- quires that if you are the target of one viewed as a vote against the PATRIOT lines. It is not very good publicity with of these orders you must identify any Act. It should be seen as a vote for bal- a broad brush as to what the Govern- lawyer you speak with to the FBI. To ance. ment is doing. The editorials are fre- the best of my knowledge, this is a pro- I think most Americans want legisla- quently published on the day the Sen- vision that exists nowhere else in law tion that keeps us safer from the ate is to vote. Somebody suggested and could have a chilling effect on the threat of terrorism, but they also want that the news story, which had been individual’s right to counsel. But more their civil liberties protected. The held back by more than a year, was importantly it is unclear how elimi- version of the PATRIOT Act, which timed as well. I certainly would not nating this provision, and allowing one passed the Senate earlier this year want to suggest that. who receives a 215 warrant or national with my support, struck that balance. I yield the floor. security letter to have the same right Unfortunately, the conference report The PRESIDING OFFICER. The Sen- to counsel as anyone who is served we have before us today does not. This ator from Pennsylvania yields back. with a normal subpoena undermines conference report is invasive and The Senator from Vermont. our ability to fight terrorism. We vague. It takes focus off of preventing Mr. LEAHY. Mr. President, I yield 2 should not be afraid of a judicial review terrorism instead permitting govern- minutes to the distinguished Senator or setting the appropriate standards of ment fishing expeditions that invade from New Hampshire, Mr. SUNUNU. evidence. We need to be mindful of Ben the privacy of all Americans. The PRESIDING OFFICER. The Sen- Franklin’s words over 200 years ago: My vote against cloture should not ator from New Hampshire is recognized Those who would give up essential lib- be seen as a parliamentary move to kill for 3 minutes. erty in the pursuit of a little tem- this bill. I am voting today to allow Mr. SUNUNU. Thank you, Mr. Presi- porary security deserve neither liberty conferees more time to get it right. I dent. nor security. join my colleagues in a bipartisan push As was indicated by Senator CRAIG, We could pass a 6-month extension or to extend the current PATRIOT Act 3 this is not a last-minute effort to de- take up the Senate bill which is on the months so that the problems that rail a piece of legislation. These are calender and still respect important brought this bill down can be resolved. concerns that began with the introduc- freedoms. We need to be more vigilant It is my hope that the distinguished tion of the SAFE Act nearly 2 years and we can do better. majority leader allows us to move for- ago and our goal was and still is to Mr. LEAHY. Mr. President, I yield up ward with a vote on this extension. make improvements to the PATRIOT to 3 minutes to another member of the

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.076 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13715 conference, the distinguished Senator or suspected agent. Those protections the review meaningless. Under the con- from Michigan. are missing. ference report, if the Attorney General The PRESIDING OFFICER. The Sen- This is not the first time that Con- or another specified senior official cer- ator is recognized. gress has addressed this issue. For in- tifies that disclosure may endanger na- Mr. LEVIN. I thank my friend from stance, the Internal Revenue Code tional security or harm diplomatic re- Vermont. places limitations on what it calls lations, the court may modify or set it Mr. President, when this bill left the ‘‘John Doe’’ summons for the produc- aside it only if it finds ‘‘bad faith’’ on Senate, under the leadership of Sen- tion of certain taxpayer records. behalf of the government. ators SPECTER and LEAHY, we had a Under 26 U.S.C. 2709 any summons And, like 215 court orders, if the re- balanced bill with provisions which which: cipient of an NSL wanted to seek legal protected both our security and our Does not identify the person with respect advice before turning over records, the liberty. We are all very much in their to whose liability the summons is issued conference report would require the re- debt for the bill that left the Senate a may be served only after a court proceeding cipient to tell the government who few months ago. But what now has in which the Secretary establishes that— they had consulted. come back to the Senate is a bill which (1) the summons relates to the investigation of a particular person or ascertainable Also troubling about the NSL au- contains provisions which could sweep group or class of persons, thority is that there is no requirement into the net of a fishing expedition the (2) there is a reasonable basis for believing that the government destroy records most private records of innocent Amer- that such person or group or class of persons acquired with an NSL that are irrele- icans. The conference report amends may fail or may have failed to comply with vant to the investigation under which section 215 of the PATRIOT Act. This any provision of any internal revenue law, they’ve been gathered. These are is one of many examples, and 3 minutes and (3) the information sought to be obtained records that relate to innocent Ameri- only allows one example. Section 215 from the examination of the records or testi- cans. The government should be re- permits the Government to seek court mony (and the identity of the person or per- quired to destroy them if they contain orders, to compel the production of any sons with respect to whose liability the sum- no relevant material. tangible thing, including library and mons is issued) is not readily available from I outlined many of my concerns in a medical records, in foreign intelligence other sources. December 7th letter to the Chairman investigations. Under the new provi- Some kind of narrowing language and Ranking member of the Senate Ju- sion, the Government need not de- should be included in the Patriot Act diciary Committee. I’d ask consent scribe, much less identify, a particular for 215 orders. Without it, the PA- that a copy of that letter be placed in person to whom the records relate. The TRIOT Act authorizes the rankest kind the record. PATRIOT Act’s standard in the con- of fishing expedition. As I and my fellow Senate Demo- ference report fails to narrow the scope In addition to the problem with the cratic conferees said in a December 8th of records that the Government can standard for issuing 215 order, a gag letter to the Chairmen of the House subpoena to less than the entire uni- order can be imposed by the FBI to pre- and Senate Judiciary Committees, the verse of records of people who, for in- vent the library from telling people conference report falls short of what stance, patronize the library or visit a that their records were turned over. the American people have every reason doctor’s office. That means innocent Americans might to expect Congress to achieve in de- One example of that: The Govern- never know that the government was fending their rights while advancing ment could seek all of a doctor’s looking into their reading habits or their security. Congress should not records, if it has an allegation that medical records. Further, while some rush ahead to enact flawed legislation some unidentified patient of the doctor argue that the recipient of a gag order to meet a deadline that is within our was sending money to an organization could challenge that gag order in power to extend. We owe it to the in the Middle East that was being court, the conference report is not at American people to get this right. If looked at as part of a foreign intel- all clear on this point. During staff ne- three more months are needed to make ligence investigation and the govern- gotiations, language that would have this an acceptable bill, then we should ment thought that reviewing all of the clarified the right to challenge a gag take and prudently use that time. records of that doctor might help iden- order was rejected. The idea of a per- I ask unanimous consent to have tify that unidentified person. manent, unreviewable restraint on the printed in the RECORD a letter dated Therefore, the Government argues, First Amendment rights of American December 7, 2005. all of that doctor’s records are relevant citizens is deeply troubling. There being no objection, the letter to a foreign intelligence investigation. To add insult to injury, if the library was ordered to be printed in the The same thing with library records; wanted to seek legal advice, this con- RECORD, as follows: all of a library’s records would be sub- ference report requires the library to U.S. SENATE, ject to being turned over to the Gov- tell the government who it had con- Washington, DC, December 7, 2005. ernment if the Government has an alle- sulted even if the lawyer consulted had Senator ARLEN SPECTER, gation that somebody, one unidentified turned down the case. Chairman, Senate Judiciary Committee, Dirksen person, is using that library for some The conference report is similarly Senate Office Building, Washington, DC. purpose; for instance, its computer, to flawed in its treatment of National Se- Senator PATRICK LEAHY, Ranking Member, Senate Judiciary Committee, have access to some organization in curity Letters or NSLs. NSLs compel Dirksen Senate Office Building, Wash- the Middle East that is involved in a phone companies and banks, for exam- ington, DC. terrorist organization. Everybody’s li- ple, to turn over certain customer DEAR CHAIRMAN SPECTER: The USA PA- brary records would be swept into that records. The government can issue an TRIOT Act responded to the terrorist at- net. NSL without going to court. And, like tacks of September 11th by giving law en- When this bill left the Senate, it had 215 court orders, NSLs can be issued forcement agencies important new tools to protective provisions against that. without identifying anyone in par- use in combating terrorism. However, as I There had to be a showing, not just of ticular that the government suspects is said when the Senate passed the bill, the PA- TRIOT Act is not perfect. The bill’s sunset relevance to a foreign intelligence in- a terrorist or spy. Again, the govern- provisions give us the opportunity to revisit vestigation, there had to be a showing ment does not have to show any con- the law so we can both protect national secu- that the records sought were relevant nection between the records sought and rity and the civil liberties of American citi- and either pertained to a foreign power a person who the government thinks is zens. or an agent of a foreign power, were a terrorist or spy. And like 215 orders, As we have discussed, I am troubled that, relevant to the activities of a suspected the government can impose a gag order in some important areas, the most recent agent of a foreign power who is the on the recipient of an NSL. draft of the conference report fails to subject of an authorized investigation, While the conference report does per- achieve that goal. Some of my concerns are described below. or pertained to an individual in contact mit recipients of NSLs to challenge Standard for 215 court orders—The bill with or known to be a suspected agent. gag orders in court, it severely con- passed by the Senate achieved a reasonable In other words, the order had to be strains the court’s discretion to review middle ground between the standard that ex- linked to some identifiable individual the gag order, potentially rendering isted prior to the PATRIOT Act and that

VerDate Aug 31 2005 04:48 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.024 S16DEPT1 S13716 CONGRESSIONAL RECORD — SENATE December 16, 2005 which the PATRIOT Act established for the only for yielding time but for his tre- will expire at the end of this year is if FBI to access sensitive records of American mendous leadership on this issue. I am the proponents of the conference report citizens with Section 215 orders. These orders deeply grateful for it. in this body or the other body block al- can compel things like library records that Let me echo what Senator KENNEDY reveal the reading habits of American citi- ternative reauthorization bills that can zens and sensitive medical records. While said. easily pass with widespread bipartisan technical changes to the Senate-passed lan- This morning we saw an astounding support. Now is not the time for brink- guage may be warranted, I am concerned story in the New York Times. Since manship or threats. Now is the time to that the draft conference report eliminates 2002, the Government has been report- do the right thing for the American the nexus required in the Senate-passed bill edly wiretapping the international people and for the constitutional rights between the records sought and the target of phone and e-mail conversations of hun- and freedoms that make our country an investigation. I believe that the relevance dreds, even thousands of people inside great. standard, which the conference report would the United States without wiretap or- instead establish for access to these records, I am very proud to be part of a bipar- does not cure the problem. ders. If you want to talk about abuses, tisan coalition working together to Nondisclosure requirements for 215 court I can’t imagine a more shocking exam- strengthen protections for civil lib- orders—The most recent draft conference re- ple of an abuse of power, to eavesdrop erties in the PATRIOT Act. The dem- port permits the Federal Bureau of Inves- on American citizens without first get- onstration of bipartisanship on this tigation (FBI) to attach nondisclosure re- ting a court order based on some evi- floor over the last few days has been quirements to a 215 court order but does not dence that they are possibly criminals, permit recipients of such orders to challenge simply remarkable. We have stayed to- those nondisclosure requirements in court. I terrorists, or spies. It is truly aston- gether ever since our bill, the SAFE am troubled by what could amount to a per- ishing to read that this administration Act, was first introduced. We knew manent, unreviewable restraint on the First would go this far beyond the bounds of that a time would come when we would Amendment rights of American citizens. I the statutes and the Constitution. We, have to take a stand. Now we have. We am also troubled that, while the draft per- as an institution, have a duty and the are united today, as we were then. mits recipients of 215 orders to disclose the obligation to get to the bottom of this. This is not a partisan issue. This is receipt of such an order to a lawyer to obtain I hope this morning’s revelation legal advice, it requires recipients to tell the an American issue. This is a constitu- drives home to people that this body tional issue. We can come together to FBI, if asked, from whom they have sought must be absolutely vigilant in its over- or plan to seek legal advice on how to re- give the Government the tools it needs spond to the order. sight of Government power. I don’t to fight terrorism and protect the Nondisclosure requirements for National want to hear again from the Attorney rights and freedoms of innocent citi- Security Letters (NSLs)—The most recent General or anyone on this floor that zens, and we can do this before the end draft conference report permits recipients to this Government has shown it can be of this year. But first we must keep challenge nondisclosure requirements at- trusted to use the power we give it tached to NSLs. However, under the draft re- this inadequate conference report from with restraint and care. This shocking becoming law by voting no on cloture. port, the court may only modify or set aside revelation ought to send a chill down an NSL nondisclosure requirement if there is I yield the floor. no reason to believe that disclosure may en- the spine of every Senator and every The PRESIDING OFFICER. The Sen- danger national security, interfere with an American. ator from Vermont. When we look at section 215 of the investigation, diplomatic relations or endan- Mr. LEAHY. Mr. President, I yield up PATRIOT Act, remember this is the ger the life or physical safety of a person. In to 3 minutes to the distinguished Sen- addition, if the Attorney General or another section where Attorney General ator from Colorado. specified senior official certifies that disclo- Ashcroft once said that librarians con- sure may endanger national security or cerned about the privacy rights of their The PRESIDING OFFICER. The Sen- harm diplomatic relations, the court’s dis- patrons were ‘‘hysterical.’’ But then ator from Colorado is recognized for 3 cretion to modify or set aside the nondisclo- the Attorney General conceded at his minutes. sure requirement is virtually eliminated. In Mr. SALAZAR. Mr. President, once addition, like 215 orders, the draft permits nomination hearing in the Senate Judi- ciary Committee that some changes again I thank the distinguished Sen- recipients to disclose the receipt of an NSL ator from Vermont and the distin- to a lawyer to obtain legal advice, but also would be justified. Unfortunately, the requires recipients to tell the FBI, if asked, administration was not willing to guished Senator from Pennsylvania for from whom they have sought or plan to seek make the real changes to that provi- their leadership on this effort. I wish to legal advice on how to respond to the order. sion that are necessary to protect the take this opportunity to once again ex- Destruction of irrelevant NSL records— rights and freedoms of innocent Ameri- press my serious concerns about the The latest draft conference report contains cans. PATRIOT Act conference report that is no requirement that the government destroy currently before the Senate. records acquired with an NSL that are irrele- The provisions of the bill related to vant to the investigation under which they national security letters are also defi- As I stated yesterday, as a former at- were gathered. The government should be re- cient. There is no requirement that the torney general, I am very familiar with quired to ‘‘minimize’’ the records of innocent records sought under that authority, the needs of the more than 800,000 men American citizens that are acquired though which doesn’t involve a court at all, and women working in law enforce- the issuance of an NSL. have some connection to a suspected ment throughout our country, includ- Thank you for your consideration. terrorist or spy. The judicial review ing those engaged in the fight against Sincerely, terrorism. For that reason, I support CARL LEVIN. that the conference report allows after the fact of the national security letter extending all the expiring powers of Mr. LEAHY. Mr. President, I ask the USA PATRIOT Act. unanimous consent that an additional itself and the mandatory gag order is a mirage. After what the Times reported I firmly believe we can extend those 5 minutes be given to each side. powers while at the same time pro- The PRESIDING OFFICER. Is there this morning, no one in this body viding sufficient checks on those pow- objection to adding 5 minutes to each should be comfortable with a govern- ers to protect America’s fundamental side? ment having this kind of unreviewable Mr. SPECTER. Mr. President, if they power. civil liberties. That is what the bipar- need more time, I am glad to agree This conference report is inadequate, tisan SAFE Act did. That is what the with the distinguished ranking mem- and it should not be passed. I believe it bipartisan, unanimously supported ber. will not pass. Senate bill did. That is what this con- The PRESIDING OFFICER. Without Let me talk, finally, to what happens ference report could have done if it objection, it is so ordered. if the cloture motion fails. Do those simply addressed the modest concerns Mr. LEAHY. Mr. President, I yield 4 who oppose the conference report want my colleagues and I laid out in our let- minutes to the distinguished Senator the PATRIOT Act to expire? Of course ter to conferees with respect to section from Wisconsin. not. It is false to suggest that we do, 215, national security letters, and The PRESIDING OFFICER. The Sen- and it is shameful to threaten that sneak-and-peek searches. ator from Wisconsin. that is what will happen if the Senate Unfortunately, these concerns were Mr. FEINGOLD. Mr. President, I does not approve this conference re- not addressed in the conference report, thank the Senator from Vermont, not port. The only way the PATRIOT Act and I am left with no choice but to

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.014 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13717 work with my colleagues, both Demo- The argument has been made repeat- more, and so on. This act will expire on crats and Republicans, to defeat the edly that under the national security December 31. My colleagues either vote bill before us. letter, there is no review. That is sim- yes to reauthorize it or no, not to reau- This morning, the Washington Post ply not the case. The recipient goes to thorize it. There is no middle ground. and New York Times reported that a lawyer who can challenge the na- I will say this as directly and seri- President Bush signed an Executive tional security letter in court and have ously as I can. I doubt there is anyone order authorizing the National Secu- it quashed, eliminated, dispensed with, in this Chamber today who would rity Agency to eavesdrop on American on a showing that it is unreasonable. argue with the proposition that we citizens without a warrant. These re- If you get to the national security needed to tear down the wall between ports suggest that the phone calls and issue, then it is different with respect the law enforcement and intelligence e-mails of hundreds, perhaps even thou- to a bad-faith showing. There is judi- agencies. The PATRIOT Act does that. sands, of Americans have been mon- cial review beforehand on the very The wall goes right back up again on itored over the past 3 years without broad term of being unreasonable, January 1. Is that what we want? God the approval of a judge or even the ap- which is a hallmark of American law in help us if there is some kind of ter- proval of the secret FISA court. These auto accident cases and antitrust cases rorist attack when we are not pro- allegations, if true, are deeply trou- every time you turn around. The rea- tected by the PATRIOT Act and the bling. If we needed a wake-up call sonable standard is traditional under act could have enabled our law enforce- about the need for adequate civil lib- our law. ment or our intelligence people to help erties protections to be written into I yield to the Senator from Arizona, protect us. We will have to answer for our laws, this is the wake-up call. who has requested 2 minutes, and he that if we don’t vote to extend the PA- The bill before us does not contain can take whatever time he chooses. TRIOT Act. the needed protections. We still have The PRESIDING OFFICER. The Sen- I implore my colleagues to put par- the time to get it right. Several of my ator from Arizona is recognized. tisanship aside, to consider the fact colleagues and I have introduced legis- Mr. KYL. Mr. President, I com- that not everybody can get 100 percent lation to extend the current PATRIOT pliment the Senator from Pennsyl- of what they want, to recognize that Act for 3 months so we can get back to vania on a job exceedingly well done in the House of Representatives has made the table and make the necessary and trying to find a way that we can reau- a tremendous concession to us, wheth- vital improvements that will protect thorize the PATRIOT Act, with very er you talk about the period of time, our rights under our Constitution. emotional feelings on all sides of the the section 215 concessions, and, of I urge my colleagues to vote against issue and working through very dif- course, the sunset concessions. I found it very difficult myself to invoking cloture and in favor of giving ficult compromises, especially after sign the conference report because, Congress the time it needs to preserve the conference committee in which it frankly, we had made it so difficult for the basic rights and freedoms of all would appear to me—and I think even law enforcement to do its job with Americans. our colleagues who oppose the bill some of the compromises that were Mr. President, I yield the floor. would agree—the end result is probably made, but they were made in order to The PRESIDING OFFICER. The Sen- about 80 percent Senate product and achieve a consensus on which we could ator from Pennsylvania. about 20 percent House product. vote. Now we find that consensus in Mr. SPECTER. Mr. President, permit This is a defining moment. There are jeopardy. me to interject very briefly just to cor- no more compromises to be made, no more extensions of time. The bill is Mr. President, I urge my colleagues rect some of the misstatements which to think very carefully about what have been made that crop up again and what it is now, and it is very unfair and unrealistic to expect that either the they are about to do. If they vote again. This bill is not understood. This against cloture, they are voting to House of Representatives would con- bill is not understood by Senators who allow the PATRIOT Act to expire. We cede to the Senate position 100 percent are making representations on the will not have that tool available for or that the President would do so after floor which are not correct. I don’t sug- law enforcement and intelligence agen- what he has now said. As a result, we gest they are doing it deliberately, but cies to protect us from terrorists. Is are going to have an opportunity to they don’t know the bill. that what you want? I daresay the vote yes or no. The argument has been made that American people will hold us account- One of my colleagues said this is not the recipient of a national security let- able if anything happens and we are a partisan issue. If 90-plus percent of ter has to tell the FBI the identity of not able to reauthorize the PATRIOT the Democrats vote against cloture and his lawyer. That is simply not true. Act. The conference report reads: 90-plus percent of the Republicans vote The PRESIDING OFFICER. The Sen- In no circumstance shall a person be re- for cloture, it is hard to argue that is ator from Pennsylvania. quired to inform the Director of the FBI or not partisan. It is true that this should Mr. SPECTER. Mr. President, before such designee that the person intends to con- not be a partisan issue, but having the Senator from Arizona sits down, I sult an attorney to obtain legal advice or worked through it to the extent we wish to ask him a question to further legal assistance. have, and having had the very strong elaborate upon a point he has made. The representation is made here support in the House of Representa- The President has said that he is not again and again that in section 215, tives with over I think it was 44 Demo- going to sign an extension of 3 months there does not have to be a connection crats in the House of Representatives or, by implication, any extension of to a terrorism investigation or some- voting for reauthorization of the PA- time. So if the conference report is not one suspected of being a terrorist. The TRIOT Act, it seems to me that the adopted so the President can sign it, conference report does add a provision Senate would do well to also try to act there will be no PATRIOT Act in effect to the three criteria for foreign power, here in a more bipartisan way and not after December 31. but the court has to make a determina- to have a partisan vote. The Senator from Arizona has talked tion on a factual showing that there is We need to reauthorize the PATRIOT about the wall. a terrorism investigation that does in- Act. It is the tool for our law enforce- The Senator was on the Intelligence volve foreigners and that records are ment and intelligence agencies to help Committee the day he came to the Sen- sought from another person, albeit not protect us from terrorists. Just as we ate. He was elected in 1994. I chaired identified with one of the three cri- send our men and women into battle the Intelligence Committee of the teria, in order to carry on the inves- with good training and equipment, we 104th Congress. He has been on it. He tigation. have to do the same thing with law en- has been on Judiciary. He has been a Again and again, the essence of the forcement and our intelligence agen- leader on this measure. As the Senator protection of civil rights traditionally cies. If we deny them the key tool, the said, he had trouble signing the con- has been that you interpose an impar- PATRIOT Act, they are not going to be ference report. By the way, I thank tial magistrate between the policeman able to do their job to protect us. And him for signing the conference report. and the citizen, and that protection is there is no more time to stretch this Without his signature, we could not given under section 215. out with maybes or let’s negotiate have filed it.

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.027 S16DEPT1 S13718 CONGRESSIONAL RECORD — SENATE December 16, 2005 As to the other provisions beside the partisan thing, we could have brought that we renew the present law for 3 wall, if the PATRIOT Act lapses, and out the fact that even under the laws months and come to an agreement like there is none, what will the effect be on that existed before 9/11, it was this ad- we did in the Senate that all can live the fight against terrorism? ministration’s Department of Justice with is eminently sensible. Mr. KYL. Mr. President, I thank the that ignored clear warnings and evi- One final point. My good friend from chairman for his remarks. We know of dence that they had, which the 9/11 Arizona and I respect the sincerity on two stories that the 9/11 Commission Commission and others have pointed this issue. We have written parts of wrote following the investigation into out might well have prevented the ter- this law together, particularly the lone what went wrong. What they found was rorist attacks. That could have been wolf provision. But he says that we will that there was not only the wall that done with or without the PATRIOT have no law if we do not vote for clo- separated our intelligence and law en- Act. ture. forcement officials from being able to All of us rallied behind the adminis- I ask unanimous consent for an addi- speak to each other, but other prob- tration, even though the attack oc- tional 30 seconds. lems with the law that we corrected curred during this administration and Mr. LEAHY. Yes, with 30 given on with the PATRIOT Act. Had the PA- the attack occurred even though this the other side. TRIOT Act been in effect prior to 9/11, administration’s Department of Jus- The PRESIDING OFFICER. Is there it is possible that not all of or even tice had information which might have objection? part of 9/11 would have happened. stopped the attack. Without objection, it is so ordered. There are two specific stories. One I yield 3 minutes to the distinguished The Senator is recognized for 30 min- related to Zacarias Moussaoui, the Senator from New York, Mr. SCHUMER. utes. other related to two fellows by the The PRESIDING OFFICER. The Sen- Mr. SCHUMER. Thirty minutes, I name of Hazmi and al Mihdhar. These ator from New York is recognized for 3 will take that. The PRESIDING OFFICER. The were the fellows who used library com- minutes. Chair is out of order. The Senator is puters to verify their airline reserva- Mr. SCHUMER. Mr. President, first I want to thank both my colleagues from recognized for 30 seconds. tions on 9/11. We knew that they were Mr. SCHUMER. I thank the chair for connected—well, one agency with the Pennsylvania and from Vermont for their fine efforts on this legislation. I his generosity. Government knew that they were con- If cloture is not invoked and the op- went to bed last night unsure of how to nected with the al-Qaida. The other portunity to renew this law for 3 vote on this legislation. I want to give agency knew that they had tried to months or 6 months comes before us, a lot of credit to my colleague from come into the United States and de- and the President vetoes it, it will be Pennsylvania. This is a significant im- cided that maybe we should try to find crystal clear that he is putting politics provement over present law. It is a sig- them but had no idea how important it above safety because the bottom line nificant improvement over the House was to try to find them. And had we is, the present law is, if anything, bill and comes a lot closer to the Sen- been able to be on their tail at this tougher than the law that is on the ate bill than many are giving it credit time and find out that they were books. verifying airline reservations on Sep- for. On the other hand, even before last Let us not invoke the threat that the tember 11, knowing that they were con- night, I had real doubts that we did not President will not extend the PA- nected to al-Qaida and were up to no correct the formula in terms of distrib- TRIOT Act. It would be a dereliction of good, history might well be different uting aid which definitely hurts my his duty as Commander in Chief and than it is today. State of New York. But as I said, I chief law enforcement officer of this How on Earth we could allow the cor- went to bed undecided. land. rections in the law that we put in place Today’s revelation that the Govern- I yield the floor. as a result of our investigation to lapse ment listened in on thousands of phone The PRESIDING OFFICER. The Sen- is beyond me. The terrorists have not conversations without getting a war- ator from Vermont. stopped their efforts to attack us, and rant is shocking and has greatly influ- Mr. LEAHY. Mr. President, it has largely we have been free from attack enced my vote. If this Government will been claimed that somehow the so- because of things such as the PATRIOT discard a law that has worked well for called wall between law enforcement Act. over 30 years, without a whit of discus- and intelligence would go back up if So the chairman is exactly right. We sion or notice, then for sure we better the PATRIOT Act expires. That is not corrected the errors that were brought be certain that we have safeguards on true. Even if the relevant change made to our attention that prevented us that Government. The balance between by the PATRIOT Act expired, there from doing what needed to be done be- security and liberty is a delicate one, would be no legal barrier to informa- fore September 11. That is what this and there is great room for disagree- tion-sharing, and no wall would go PATRIOT Act conference report is all ment as to where that ought to come back up, because FISA as it existed about. The act needs to be reauthor- down. pre-PATRIOT Act contained no such ized. Our people need that tool to pro- I do not question the motives of any- barrier. So ruled the FISA court of re- tect us. Why would we allow it to body. I tend to be fairly hawkish on view in November 2002 at the request of lapse, especially on a partisan basis? these types of things, as my colleagues the government. It held that the We need to think very carefully about know. But there is one thing for sure: change we made in the PATRIOT Act what we are about to do. I hope for the there ought to be discussion, there to take down the wall was not nec- sake of the American people and our ought to be debate. Whenever there is essary, that FISA never required a security that the Senate will act re- discussion and debate, we usually come wall, and that the Department of Jus- sponsibly and ensure that the PA- out right, and that is true on the wire- tice unnecessarily imposed bureau- TRIOT Act will continue to protect us tap law. When J. Edgar Hoover and cratic constraints on sharing informa- and not allow it to lapse. other leaders of the FBI had unchecked tion. So let us not delude ourselves Mr. SPECTER. Mr. President, I ask power, there were abuses. We put in an into thinking that somehow the wall unanimous consent that the manda- independent arbiter, a judge. We put in goes back up if PATRIOT expires. It tory quorum under rule XXII be a standard, probable cause, and neither does not. It was not legally required in waived. the prosecutor community nor the de- the first place. The PRESIDING OFFICER. Without fense community has complained. How much time do I have remaining? objection, it is so ordered. So then why, with the flick of a The PRESIDING OFFICER. The Sen- The Senator from Vermont. wrist, did this administration ignore ator has 2 minutes 48 seconds. Mr. LEAHY. Mr. President, as I said those laws and listen in on conversa- Mr. LEAHY. I yield it to the distin- earlier, I do not question the patriot- tions of hundreds of people when it guished Senator from Illinois. ism or the intent to stop terrorists of would have been so easy to obey the The PRESIDING OFFICER. The Sen- either those who vote for or those who law? Today’s revelation makes it crys- ator from Illinois is recognized. vote against cloture. I hope others tal clear that we have to be very care- Mr. DURBIN. Mr. President, I thank would not. If we wanted to make this a ful, and Senator LEAHY’s suggestion the Senator from Vermont for yielding

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.029 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13719 the time and for his leadership on this even if he believes his rights have been feat here at home, against terrorism. issue. I voted for the PATRIOT Act. It violated. To those who still harbor concerns was a bit of a leap of faith because I Now today’s headlines suggest this with this bill, I have a simple reply: We was not sure. I did not know if we were administration went beyond the pale in have more to fear from terrorists than giving the Government more authority authorizing hundreds and perhaps this PATRIOT Act compromise. and more power than it needed to keep thousands of warrantless wiretaps on The compromise includes more civil America safe, but I felt, as most Amer- Americans in the United States. This liberty safeguards than in current law, icans did, that in light of September 11, violates the long-standing legal re- more congressional oversight, more ju- we had to do more to make America quirement that the government must dicial review. The same people who safer. obtain a warrant from a court in order criticize the lack of civil liberties in The Senator from Vermont, along to eavesdrop on Americans in the current law are arguing for a 3-month with the Senator from Utah, came to- United States. extension. That makes no sense. gether on a bipartisan basis and pro- If these stories are true, it makes the It is time to come together to ad- duced a PATRIOT Act to give the Gov- PATRIOT Act reforms we have sug- vance, not retreat, from terrorist ernment more tools to fight terrorism. gested even more urgent, and addi- threats. I urge my colleagues to vote In their wisdom, they understood that tional reforms may be necessary. But yes, to advance against terrorism, to perhaps we had moved too far and too it is certainly premature to approve make America safer, and to safeguard fast, and they said at the end of 4 years this flawed conference report before we our civil liberties. we would revisit this law and make learn more about these allegations. CLOTURE MOTION sure that we had not given up more The obvious question is this: Whether The PRESIDING OFFICER. Under personal freedom in America than we or not we pass the PATRIOT Act, will the previous order, the clerk will re- had to be safe, and that is why we are the administration argue they have the port the motion to invoke cloture. here today. authority to go forward, anyway? In the meantime, I joined with a bi- What we need to do is to defeat clo- The bill clerk read as follows: partisan coalition, an interesting coali- ture, pass a 3-month extension of this CLOTURE MOTION tion when one looks at our political PATRIOT Act, and move on to make We the undersigned Senators, in accord- spectrum in the Senate. I joined with changes to the law that are needed to ance with the provisions of rule XXII of the my friend, LARRY CRAIG of Idaho, Sen- protect our freedom while giving law Standing Rules of the Senate, do hereby ator JOHN SUNUNU, Senator LISA MUR- enforcement the authority they need move to bring to a close debate on the Con- ference Report to accompany H.R. 3199: The KOWSKI, Senator RUSS FEINGOLD, and to fight terrorism. We can be both safe U.S. PATRIOT Terrorism Prevention Reau- Senator KEN SALAZAR in a bipartisan and free in America. thorization Act of 2005: coalition that has been working to re- The PRESIDING OFFICER. The time Chuck Hagel, Jon Kyl, John McCain, form the PATRIOT Act for over two of the Senator has expired. Richard Burr, Conrad Burns, Pat Rob- years. We studied the PATRIOT Act The Senator from Pennsylvania has erts, John Ensign, James Talent, C.S. very carefully and came to the conclu- 47 seconds. Bond, Johnny Isakson, Wayne Allard, sion that certain provisions did not Mr. SPECTER. I shall use it. Another Norm Coleman, Kay Bailey Hutchison, contain adequate safeguards to protect correction. The Senator from Illinois Mel Martinez, John Thune, Jim the rights and liberties of Americans. incorrectly says I have argued that DeMint, Jeff Sessions, Bill Frist, Arlen Specter. That is why we introduced the SAFE there have been no abuses of the PA- Act. TRIOT Act. I have never made that The PRESIDING OFFICER. By unan- It was our efforts together in the representation. I don’t think you are imous consent the mandatory quorum Senate Judiciary Committee and the entitled to credit for not being abusive. call has been waived. good leadership of the Senator from That is to be expected. If you have not The question is, Is it the sense of the Pennsylvania as its chairman that re- been abusive, don’t look for credit. Senate that debate on the conference sulted in a bill that came out of that That is what you ought to be: not abu- report to accompany H.R. 3199, the U.S. committee unanimously. It was a bi- sive. I have not made that argument. PATRIOT Terrorism Prevention Reau- partisan bill that came to the floor to My arguments have been limited thorization Act of 2005, shall be reauthorize the PATRIOT Act and squarely to the threat of terrorism, brought to a close? passed on the floor by a voice vote. It and the balance of civil liberties on an The yeas and nays are mandatory was not perfect, but it was a consensus, itemized approach, one by one by one under the rule. The clerk will call the bipartisan, compromise bill. Then, by one, that this is a balanced bill. roll sadly, it went into a conference com- How much time do I have? The assistant legislative clerk called mittee where the most important safe- The PRESIDING OFFICER. The Sen- the roll. guards were removed, which brings us ator has 5 seconds remaining. Mr. DURBIN. I announce that the to this moment in time. Mr. SPECTER. I yield the remainder Senator from Connecticut (Mr. DODD) Let me salute the Senator from of my time. is necessarily absent. Pennsylvania. He has argued this issue The PRESIDING OFFICER. All time The PRESIDING OFFICER. Are there on its substance. He has not argued it has been yielded under the previous any other Senators in the Chamber de- politically. But he has said during the order. siring to vote? course of this debate that there have Mr. FRIST. Mr. President, on leader The yeas and nays resulted—yeas 52, been no verified abuses of the PA- time? nays 47, as follows: TRIOT Act. I would say to my friend The PRESIDING OFFICER. The ma- [Rollcall Vote No. 358 Leg.] from Pennsylvania, it is not the burden jority leader. of the American people to prove that Mr. FRIST. Mr. President, the PA- YEAS—52 their rights have been violated. That’s TRIOT Act expires on December 31, but Alexander DeWine McConnell the terrorist threat does not. We have Allard Dole Nelson (NE) not how the American legal system Allen Domenici Roberts works. We should build in checks and a clear choice before us today: Do we Bennett Ensign Santorum balances to ensure that abuses do not advance against terrorism to make Bond Enzi Sessions America safer or do we retreat to the Brownback Graham Shelby take place in the first instance. Bunning Grassley Moreover, it is difficult to find days before 9/11, when terrorists slipped Smith Burns Gregg Snowe Burr Hatch verified abuses of the PATRIOT Act through the cracks. Advance or re- Specter Chafee Hutchison when so many provisions are cloaked treat? It is as simple as that. Stevens Chambliss Inhofe Talent in secrecy. In most cases, people will Some Members of Congress have Coburn Isakson never learn that their medical, tax, or called for a retreat-and-defeat strategy Cochran Johnson Thomas gun records have been seized. An indi- in Iraq, and that is the wrong strategy Coleman Kyl Thune Vitter vidual who receives a Section 215 order in Iraq, and it is the wrong strategy Collins Lott Cornyn Lugar Voinovich or a National Security Letter is bound here at home. A vote against the PA- Crapo Martinez Warner by a gag order so he cannot speak out, TRIOT Act amounts to retreat and de- DeMint McCain

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.030 S16DEPT1 S13720 CONGRESSIONAL RECORD — SENATE December 16, 2005 NAYS—47 done with a great deal of work by my- the significant and unnecessary inva- Akaka Feingold Mikulski self, but also it has been done with a sions into the privacy rights of all Baucus Feinstein Murkowski great deal of work by those who both Americans were necessary to protect Bayh Frist Murray supported cloture and opposed cloture. our national security—I do not. Biden Hagel Nelson (FL) Last July, the Senate passed by Bingaman Harkin Obama Now, one thing that should unite all Boxer Inouye Pryor of us is our opposition to terrorism. We unanimous consent a PATRIOT Act re- Byrd Jeffords Reed would not serve in this body, actually authorization bill. I supported that bi- Cantwell Kennedy Reid partisan, compromise bill. Even though Carper Kerry in this building that faced a possible Rockefeller Clinton Kohl devastating terrorist attack, if we did it did not contain all the privacy pro- Salazar Conrad Landrieu tections I would have liked, it took a Sarbanes not care both for our country and for Corzine Lautenberg Schumer the Senate and for the Capitol. lot of steps towards improving the Craig Leahy problems in the PATRIOT Act that Dayton Levin Stabenow But there are ways of securing our Dorgan Lieberman Sununu liberties and ways in which it can ap- have become evidence since its pas- Durbin Lincoln Wyden pear we are but, instead, we are taking sage. If that bill was on the floor NOT VOTING—1 them away. We saw this amazing step today, I would support it. But it is not. What we do have on the Dodd in today’s news, where Americans are being spied on, not through any court floor is a conference report that fails to The PRESIDING OFFICER. On this order, not through any act of Congress, address some of the most serious prob- vote, the yeas are 52, the nays are 47. not with any oversight, not with any lems with the PATRIOT Act. For ex- Three-fifths of the Senators duly cho- check and balance, but simply by a ample, its version of Section 215 allows sen and sworn not having voted in the stroke of the pen of the President, fol- the Government to obtain library, affirmative, the motion is rejected. lowing the advice of the same people in medical, gun records, and other sen- The majority leader. the Department of Justice who advised sitive personal information on a mere Mr. FRIST. Mr. President, I now him that torture was legal. showing that those records are rel- enter a motion to reconsider the vote We have rejected the concept that evant to an authorized intelligence in- by which cloture was not invoked. torture is legal. We should reject the vestigation. That is it. Relevance is all The PRESIDING OFFICER. The mo- concept that we can have Americans that is required. The Senate bill, on tion to reconsider is entered. spy on Americans with no checks and the other hand would have established The Senator from Vermont. balances in a free and democratic Na- a three part test to determine whether Mr. LEAHY. Mr. President, I dis- tion such as ours. What we want—and I the records have some connection to a cussed this with the distinguished ma- have written many parts of the PA- suspected terrorist or spy. This seem- jority leader. I will make this unani- ingly small change will help prevent TRIOT Act—and what we should have mous-consent request. investigations which invade the pri- is checks and balances. A democratic vacy of American citizens that may UNANIMOUS-CONSENT REQUEST—S. 2082 nation does not exist without them. Mr. President, I ask unanimous con- I would hope Republicans and Demo- have no connection to any suspected sent that the Judiciary Committee be crats would come together, and the ad- terrorist or spy. This is an important restriction. discharged from further consideration ministration, and find a way to go for- In addition, unlike the Senate bill of S. 2082, the 3-month extension of the ward with those things that protect the conference report provides no PATRIOT Act, that the Senate proceed America. But ultimately, America is to its immediate consideration, the bill mechanism for the recipient of a Sec- most protected when we have the tion 215 order to challenge the accom- be read a third time and passed, and checks and balances that protect our the motion to reconsider be laid on the panying automatic, permanent gag liberties, the liberties we fought a Rev- order. The FISA, Foreign Intelliegence table. And I do that because that would olution to gain, and fought a Civil War keep the PATRIOT Act in existence Surveillance Act, court reviews are and two World Wars to preserve. We simply not sufficient. They have the after December 31. can do that. There are cooler heads The PRESIDING OFFICER. Is there power only to review the Government here. There are distinguished Senators application for the underlying Section objection? from both parties who can bring this Mr. FRIST. Reserving the right to 215 order. They do not have the power about. to make an individualized determina- object. I yield the floor. The PRESIDING OFFICER. The mation about whether a gag order should The PRESIDING OFFICER. The ma- accompany it. So the recipient of a jority leader. jority leader. Section 215 order is automatically si- Mr. FRIST. Mr. President, as I stated Mr. FRIST. Mr. President, the PA- lenced forever. How is that fair? How is earlier this morning and yesterday, I TRIOT Act remains on the floor. I that consistent with our democratic oppose a short-term extension of the switched my vote in order to recom- principles? PATRIOT Act. The House opposes such mit. So in essence, it is 53 to 47. I sim- The conference report doesn’t provide an extension. The President will not ply ask that debate continue. Let ev- judicial review of National Security sign such an extension. Why? Because erybody look at what is in the bill. We Letters either. The Senate bill did. Ju- extending the PATRIOT Act for a short have had excellent debate the last cou- dicial review is one of our best checks period of time simply does not do ple of days. What this vote has basi- on unnecessary Government intrusion enough. The same people who criticized cally said is that we don’t stop debat- into individual privacy. Why deny it to the lack of civil liberties safeguards in ing it. I encourage people, especially our citizens? current law are arguing for an exten- those who voted against cloture, to Lastly, I would like to mention the sion. That does not make sense. take advantage of this opportunity to problem with the conference reports This compromise we have discussed discuss and debate and come forward. provisions on the so-called sneak-and- over the last several days does address We remain on the PATRIOT Act, and peek search warrants. Unlike the Sen- more civil liberty safeguards than cur- the vote right now speaks for itself. We ate bill, the conference report does not rent law, more congressional oversight, accept that. But the debate will con- include any protections against these more judicial review. Thus, I object. tinue on this very important bill. warrants. Rather than requiring that The PRESIDING OFFICER. Objec- Again, we will not see a short-term ex- the government notify the target of tion is heard. tension. these warrants within 7 days, as the The Senator from Vermont. I yield the floor. Senate bill did, the conference report Mr. LEAHY. Mr. President, we are at Mr. KERRY. Mr. President, today I requires notification within 30 days of an interesting point. We have seen an voted against cloture on the PATRIOT the search. Thirty days. That is an aw- enormous amount of work done by the Act reauthorization conference report. fully long time to go before learning distinguished senior Senator from I want to make clear that this vote was that you have been the subject of a Pennsylvania, who has worked in good not about whether I support reauthor- Government search. faith with members on both sides of izing the PATRIOT Act—I do. This These are just a few of the problems the aisle; and, I might say, it has been vote was about whether I thought that with the conference report. They are

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.013 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13721 the most significant problems. Those authority of the PATRIOT Act in a cir- thorize all but two of the expiring pro- in support know that it is flawed, but cumspect and cautious manner. At the visions—instead it sunsets FISA orders they are creating artificial time pres- same time, Congress has a responsi- for library and other personal records sure to force us to approve the bill, bility to conduct vigorous oversight on and the roving wiretap provision after flawed as it may be. the use of the PATRIOT Act’s powers 10 years—and placed few, if any, limits I realize that 16 provisions of the PA- and to carefully debate any changes to on many of the expanded law enforce- TRIOT Act are set to expire. I cer- these powers. ment powers in the PATRIOT Act. tainly do not want that to happen. But In the spring, in anticipation of the Unfortunately, the conference report passing this conference report is not impending need to reauthorize the has removed or weakened some of the the only way to prevent their expira- sunsetting provisions of the PATRIOT most important limits on enhanced in- tion. That is why I have cosponsored Act, I cosponsored S. 737, the Security vestigative powers in the Senate bill, legislation to extend those provisions and Freedom Enhancement, SAFE, Act particularly those relating to FISA or- by three months to allow us time to fix of 2005. This thoughtful, bipartisan leg- ders for library, medical, and other the problems with the conference re- islation was introduced by Senator types of business records about people, port. If that effort fails and the PA- CRAIG on April 6, 2005, and seeks to re- National Security Letters, and notifi- TRIOT Act expires, the blame rests vise and improve—not eliminate—sev- cation of sneak-and-peek searches. We only with the White House and leader- eral of the more controversial provi- need to reauthorize the expiring provi- ship that controls the House and the sions of the PATRIOT Act, including sions of the PATRIOT Act, but we need Senate. There was and remains a sim- roving wiretaps, sneak-and-peek to do so with procedural safeguards ple, unified way to get this done, and searches, and FISA orders for library like those in the Senate bill. they rejected it. and other personal records. The Senate is known as the more There is no reason why we cannot be Many of the proposed revisions to the contemplative body in Congress for a safe and free. The Senate bill accom- PATRIOT Act in S.737 were ultimately reason, and I think we should take the plished this. And, I will keep working incorporated in some form into S. 1389, time we need to truly debate and dis- with my colleagues in the Senate to the Senate version of the PATRIOT cuss some important civil liberties ensure that whatever legislation we ul- Act reauthorization. S. 1389, the USA issues that the conference report impli- timately pass to reauthorize the PA- PATRIOT Act Terrorism Prevention cates. For this reason, I have cospon- TRIOT Act also accomplishes this. Reauthorization Act, passed by unani- sored Senator SUNUNU’s bill, S. 2082, Mr. REED. Mr. President, today the mous consent in July and the Senate which would extend the expiring provi- Senate was presented with a false immediately appointed conferees so sions of the PATRIOT Act until March choice on the conference report to H.R. that the House and the Senate could 31, 2006. I believe that 3 months is 3199, the USA PATRIOT Act. That is begin discussing their very different vi- enough time for us to come back after why I voted against the motion to in- sions of the reauthorization. Unfortu- the holidays and work out the dif- voke cloture. There is a better way nately, the House waited until Novem- ferences between the House and Senate that gives us the time we need to ber to appoint its conferees, which in versions of the PATRIOT Act reauthor- thoughtfully debate some very weighty large part is why we are now in the po- ization. I would encourage all of my constitutional and civil liberty issues. sition of having very little time to de- colleagues to do the same. With 90 percent of the PATRIOT Act bate and resolve the differences be- Mr. BAUCUS. I suggest the absence already permanently authorized, we tween the two bills. of a quorum. can and should extend the provisions The Senate’s version of the PATRIOT The PRESIDING OFFICER (Mr. expiring on December 31, 2005, for 3 Act attempted to deal with many of DEMINT). The clerk will call the roll. months. the civil liberties issues that have The assistant legislative clerk pro- Let me be clear, those of us advo- come to the fore since the passage of ceeded to call the roll. cating for a 3-month extension support the PATRIOT Act. In particular, S. Mr. SESSIONS. Mr. President, I ask reauthorizing the PATRIOT Act. What 1389 would require that the Department unanimous consent that the order for we want to do is keep the law intact, of Justice convince a judge that a per- the quorum call be rescinded. exactly as it is right now, so that we son is connected to terrorism or espio- The PRESIDING OFFICER. Without can more carefully debate these impor- nage before obtaining their library objection, it is so ordered. tant matters without feeling rushed by records, medical records, or other sen- Mr. SESSIONS. Mr. President, I rise the impending adjournment of this ses- sitive information. It would require to express my disappointment with the sion of Congress. that targets of sneak-and-peek vote. This is a very important piece of Like almost everyone in this Cham- searches are notified within 7 days, in- legislation. It is important for our ber, I voted for the PATRIOT Act stead of the undefined delay that is country. I wish to say how hard we shortly after the September 11 ter- currently permitted under the PA- worked to achieve bipartisan support. rorist attacks. I believed the PATRIOT TRIOT Act. The Senate bill also would This bill came up in the Senate for re- Act would bolster the ability of Fed- prohibit the issuance of ‘‘John Doe’’ authorization after 4 years and vir- eral authorities to conduct criminal roving wiretaps, which identify neither tually no serious criticism of the work- and intelligence investigations, to bar the person nor the place to be put ings of any of the provisions in it. and expel foreign terrorists from the under surveillance. There was a generalized view that we United States, to separate terrorists Additionally, S. 1389 would give the should, in fact, extend it. from their sources of financial support, recipient of an order for sensitive per- We discussed it in the Judiciary Com- to punish acts of terrorism, and to as- sonal information the right to chal- mittee. Some of us who would like to sist victims of the events of September lenge the order in court on the same strengthen a few provisions to protect 11. While I had reservations about some grounds they could challenge a grand this country from terrorists did not parts of this legislation, the need to ad- jury subpoena, as well as provide a make much headway there, but we did dress the obvious threat, combined right to challenge the gag order that achieve one thing: we achieved a unani- with the fact that many of the more currently prevents people who receive mous vote in the Judiciary Com- untested provisions in the act were set a request for records from speaking out mittee—18 to nothing—to report this to expire on December 31, 2005, prompt- even if they feel the Government is vio- PATRIOT Act to the floor of the Sen- ed me to vote for the bill. lating their rights. The legislation also ate. When it came to the floor of the The provision of greater investiga- requires increased reporting by the Senate, we discussed it, and it was tive authority to our Nation’s law en- DOJ on its use of PATRIOT Act powers cleared by this Senate unanimously. forcement officials is a matter that and sets a 4-year sunset on three provi- It went to conference. The House had raises many issues, most particularly, sions regarding roving wiretaps, busi- a bill. We discussed it in conference. the need to balance Government power ness record orders, and ‘‘lone wolf’’ sur- Senator SPECTER led our conferees. For and civil liberties. Certainly, there is a veillance. those who wanted the Senate bill to great onus upon the Department of Unlike the Senate bill, the House win in toto, they were not perfectly Justice, DOJ, to utilize the awesome version proposed to permanently reau- happy. But as Senator SPECTER has

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.034 S16DEPT1 S13722 CONGRESSIONAL RECORD — SENATE December 16, 2005 said, 80 percent of the bill was the Sen- will feel very confident that there is bates—I don’t always agree with all of ate bill. Only a few things were given nothing here that goes against what we my colleagues—but I always respect to the House Members out of the dif- believe is necessary to preserve the lib- and admire the commitments of the ferences in the two pieces of legisla- erties with which we are familiar. men and women who sit on this floor. tion. It comes back here to be voted on. Please do that. If you do, I think you And I add that it is on both sides of the It is blocked from an up-or-down vote will feel a lot better about it. aisle, not just my friends in the Demo- so it could be passed and made law be- I would be glad to discuss any par- cratic Party. Believe me, some of the fore it expires at the end of this year. ticular point you would raise. As we go remarks I have heard in the last few A tremendous amount of effort and forward, I hope people will feel com- days are a little different than they work has been placed into making this fortable in casting a positive vote for were 6 years ago when I ran for my a piece of legislation we could all unite this legislation. It is critical that we good friend Senator LAUTENBERG’s behind. We thought we did so. We went not allow it to expire. We need to do open seat at that time. Ross Baker is a to conference, and we came out with a this bill while we are here. But to con- commentator on the national political bill that is far more like the Senate tinue to weaken the legislation, as scene, and he teaches at Rutgers. He bill than the House bill. some have asked, for beyond what we told one reporter that the people in As someone who served in law en- agreed to in conference is a mistake. New Jersey don’t know JON CORZINE forcement for many years, I urge my We don’t need to continue to weaken from a cord of wood. Hopefully, we colleagues to look at the language of it. If we weaken it so much that it is have gotten a little farther down the the legislation. I don’t believe there is not effective, then it is not a good idea. pike than a cord of wood. a single investigative law enforcement I yield the floor. This has been one of the most re- technique in this legislation that is in- The PRESIDING OFFICER. The Sen- markable experiences anyone could consistent with what we have been ator from New Jersey is recognized. ever dream of having. I came here for a doing for years. The average county at- FAREWELL TO THE SENATE clear purpose. I believe in American torney in any city and county in Amer- Mr. CORZINE. Mr. President, I would citizenship and the rights we have. We ica today can issue a subpoena for li- like to give what I think will more certainly have incredible opportunities brary records. The average county at- than likely be the last speech I give on in this Nation—I have experienced torney can get medical records on one this great floor, this historic floor, in many of them—but it comes with re- basis—is it relevant to an investigation front of this deliberative body. I am sponsibilities. To those of us whom that office is conducting? They don’t grateful for your courtesies. It is with much is given, much is required. I have to get prior court approval to bittersweet feeling that I make these know that I had no chance to succeed issue those subpoenas. It is done every remarks. in life without the kind of great sup- day. So there has been confusion. I I have been honored beyond words to port I have had from my community, urge my colleagues to think about it. be a United States Senator. I think all my Nation, and my friends. That is With regard to the delayed notice of us know that feeling in our hearts why one comes here—to give back, to search warrants, this law in not one and souls. I will be forever grateful to fight for fairness and the opportunity whit changes the standards for a search the 9 million New Jerseyans who put for all. warrant. You still have to have all the their trust in me and asked Senator Senator DURBIN knows of the little town in which I grew up. Like so many proof you have to conduct a search of LAUTENBERG and myself, and others be- someone’s private property or house. fore us, to represent their hopes and of you, I have lived the American promise. It is a little town in central You have to have that. It simply says dreams at this time and in this place. that you could delay notice to the ter- In the 229 years of our Republic, Illinois called Willy Station, with a population of less than 50. In fact, rorist organization about what is going fewer than 2,000 men and women have there are more cows than people there. on. That is law today. come to this floor and represented the As a Federal prosecutor, I have voices of the people who elected them My father was a corn and soybean sought approval of a court to delay the or selected them in previous times. farmer. He sold insurance. My mom was a schoolteacher. To have a chance notification of a drug dealer. I saw a And like each of my predecessors and to walk on the floor of the Senate and story recently about a Mafia investiga- those to follow, including Congressman represent the interests of a great State tion in the Northeast. They got a de- ROBERT MENENDEZ, who will be sworn that is really entirely different than layed notice warrant under basically in to fill out my term, we have all been the background from where I came rep- American common law. There were no sworn to uphold and protect the Con- resents the American promise. I be- legal standards. Whatever the judge stitution. lieve in it, and I believe we have a re- said about how long you would delay in I now look at the great Senator, ROB- sponsibility to give back. ERT BYRD, who has so eloquently and notifying the bad guys is what went on Both of my parents were good Repub- in that case. so frequently represented the challenge licans, Senator DURBIN. My mom still This bill for the first time sets forth that all of us take on as we are sworn is, by the way. I am not sure if she statutory standards that must be ap- in to be Senators to represent and voted for my friend. She had big proved. You must prove to the judge carry forward those traditions of our dreams, and so did my father, about that it is important to the safety of the Constitution and to serve the interests how life would serve us. country or important to the safety of of our people. So there are really two I grew up at a time when Adlai Ste- enforcing the law that the notification purposes. I can only hope that the peo- venson was Governor and then ran for is delayed. So you don’t get that auto- ple of New Jersey will believe that has President. Paul Douglas and Paul matically just because you ask it; you been my sole purpose here on this Simon worked the circuits in central have to convince a court in advance of floor. Illinois. We had great Democratic Sen- that. Now as I take my leave, I guess there ators who passionately stood for eco- The section 215 provisions require will be some folks who will say some nomic and social justice for all Ameri- FISA court prior judicial approval. nice things about me, and they have. cans. We had another great Illinois They require reports made to the Con- That is a little bit different than in the Senator who worked the same circuits, gress. They allow objections to be last days of the campaign. It reminds Everett Dirksen. Like my parents, he raised. me of a Jack Benny story. He was giv- was a Republican, but he also stood up I urge my colleagues to go back and ing a presentation and listening to the for the promise of justice and equality think about the vote you just cast in presenter praise him at length. He said, for everyone in America. He believed favor of this bill and review and see if ‘‘I don’t deserve this award, but I don’t deeply enough in those promises to use there is anything that occurred in con- deserve diabetes either.’’ I will take his position as leader to help pass the ference that in any way significantly the compliments and the kind remarks. Civil Rights Act of 1964. alters or erodes the liberties this coun- I very much appreciate it. Mr. BYRD. Will the Senator yield? try has known and loved and is deter- I want you to know that I cherish the Mr. CORZINE. Yes. mined to protect. I urge my colleagues friendships I have established with the Mr. BYRD. Lord Byron said, ‘‘Thank to do that. If they do, I believe they men and women here. I admire the de- God I have done my duty.’’ May I say

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.035 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13723 to the Senator from New Jersey, he has colleagues know, have been fighters for have weakened New Jersey’s model done his duty. He is a good Senator. We making sure we had the 9/11 Commis- prescription drug program for seniors will miss you. I will. Thank you for sion, the compensation fund, responses and people with disabilities. standing up for what you believe. to human needs, as well as the stra- We lifted federal home loans mort- Thank you very much. Bless your tegic intelligence and homeland secu- gage limits to help more New Jersey heart. rity needs that the American people veterans buy their own homes. Mr. CORZINE. Mr. President, there is deserve. I am proud of them. I am We fought the administration’s effort not much that means more than that proud of the work we have all done be- to reduce the availability of student coming from a great Senator who has cause it encourages us. loans. We held them off for a year— served this Nation so much. Thank We provided over $350 million to ad- long enough to enable many students you. dress New Jersey’s unique security to stay in school instead of having to I was talking about Senator Dirksen. needs after the September 11th ter- drop out. He actually sat at this desk and rorist attacks. We preserved the unspoiled beauty worked at this desk. So did George There was an element of unity that I and critical water supply in the New Mitchell and a whole host of great hope we can restore that was born in Jersey Highlands. Americans. It is remarkable what the those moments because the challenges And we stopped a plan by the admin- history of this institution presents and are just as great. The immediacy is a istration that would have paved the the opportunities it affords. It has been little different, but there is no reason way for oil and gas drilling off the New a remarkable time. I think all of you we can’t stand together. Jersey shore. Because America needs a know that. I am proud of the opportunity to be a balanced energy plan that invests in In the last 5 years, it seems as if we partner with my chairman, Senator conservation and alternative energy sources—not oil derricks lining our have jammed more historic moments SARBANES, CHRIS DODD, and others with in than you could ever imagine, with regard to helping restore investor con- beaches. In the highway bill that passed this an unprecedented Presidential election fidence that was also broken around year, we increased New Jersey’s rate of in 2000, where we all sat in this Cham- that time where people lost their life return on the federal highway tax dol- ber and confirmed the results of that savings, where people in the world I lar form 90.5 cents to 92 cents. And we election. We had a 50/50 Senate, and ev- had come from had taken advantage of paved the way for the New Jersey erybody was trying to figure out how it other human beings’ savings, retire- worked. And then, with a shift of one Trans-Hudson Midtown Corridor. ment securities, and their jobs. It is There is a lot more to do. I have vote in the caucus, that changed the not a proud moment for those of us control of the Senate. some challenges that I leave for all of who believe in the capitalistic system. my colleagues. Maybe the most impor- That dark day on September 11 With the kind of response that came changed the lives of Americans forever. tant one, and the one I feel most pas- through the Sarbanes-Oxley bill, I I live in Hoboken, NJ. It looks out al- sionately about, is the ongoing chal- think we have actually made a major most directly across the river where lenge to man’s inhumanity to man in contribution to making sure that bal- the Twin Towers once stood. New Jer- Darfur, Sudan. We have lost 300,000 ance sheets and income statements are sey’s heart has never fully healed from lives, give or take. People don’t really what they are, that people can have those losses. It never will. We lost 700 know the degree to which life has been more confidence in our fundamental of our citizens. We have much to do, lost. But we need to make sure that we system. I was honored to be a part of and it has stimulated even the debate don’t revisit Rwanda and other places the detail and the work that brought we have on this floor today. There were where we have turned our backs on the that back. We should protect it as we kids who lost their lives on that day killing of one man and one woman, one whom I coached in soccer when they go forward. at a time. There is more to do with our pension were growing up in my previous home- There is much to do. I am proud of system. There are many things that town of Summit. We still have a lot to the efforts that Senator BROWNBACK are part of our financial structure do. and I have done to make sure this body Today, we are challenged with the which is such a fundamental defining recognized for the first time that geno- war against terrorism and debate about element of what America is about. We cide was taking place, that there was our constitutional freedoms, which we need to make sure they have the integ- much to do, that we had some financ- are talking about today—the challenge rity that was built into the theme of ing to sponsor the African Union to do of tradeoffs in security and freedom, the Sarbanes-Oxley reforms. that which would bring an end to the and protecting what it is that the I am proud to have represented the rape, the killing, and the pillaging that American Constitution stands for. This Democratic caucus for 2 years in the is going on. There is much more to do. is a great institution for making sure push back against the privatization of Please, please, make sure, whether it is the rights of our people are rep- Social Security. We had a debate on in Darfur or other places, that this resented. the floor where Senator SANTORUM, body speaks out for humanity, some- I came to the Senate to try to use my Senator SUNUNU, Senator DURBIN, and thing I know all of my colleagues carry knowledge and experience to help work myself, for a remarkable hour and a in their hearts. It is one of the great on some of those problems that are half, had dialog among Senators. All of hopes and dreams. most important to our Nation—health those elements of debate are still in I know a number of my colleagues— care, economic and racial justice, edu- play. We need to make sure we protect Senator OBAMA, Senator DURBIN, Con- cation—there is a whole series of those the security of our seniors. I know gressman PAYNE on the other side of things. I am proud of that progressive folks on this side of the aisle feel so this great Capitol, communities of agenda. I see so many peers and col- strongly in winning that battle, and we faith, concerned citizens—are really leagues who fight so hard on those should continue. committed to these issues, particularly every day. There are many others issues: afford- as it relates to Darfur. But we should Mr. President, 9/11 brought us to- able drug benefits, college tuition. Sen- stand up, and we should move forward. gether regardless of our political back- ator KENNEDY and others have fought I have a big hope that my colleagues grounds in ways we could never have so hard to make sure everybody has ac- will take the opportunity to move on been imagined. I am proud of how our cess to the American promise. I am chemical plant security, which is Nation responded and also how the proud that I had a role—an amendment something I have hooted and hollered leadership of this great body came to- role, a voting role, a sponsorship role— about and bored people to death with gether and acted, regardless of back- to be a part of those agendas. We can over the last 4 years. We are so close ground or place, in ways I don’t think do, and have done, a lot to protect our but yet so far and at such risk. Wheth- any of us could have imagined. I am environment to make quality of life er it is rail security,—and all of us grateful to all of my colleagues for better. have a number of other issues—it is that leadership. Together with my colleagues from painful for us to get such low marks in We also have great people in New New Jersey, we protected people in our how we have addressed our homeland Jersey. The Jersey girls, as a lot of my state from federal changes that would security.

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.036 S16DEPT1 S13724 CONGRESSIONAL RECORD — SENATE December 16, 2005 Now I go to be a Governor of a State Since I came to the Senate in 2001, lace, Marilyn Washington, Sarah Wetherald, where the primary day-to-day practice the number of uninsured Americans Benjamin Wilensky. and responsibility is to protect the has swelled to over 45 million people. Former DC and NJ Staff lives of the people who live in these We have made some important strides Steven Adamske, Arlene Batista, Simon communities. I hope we will move for- in improving access to care for certain Brandler, Allen Brooks-LaSure, Christine ward in an expeditious manner to ad- populations, but these piecemeal at- Buteas, Brian Chernoff, James Connell, dress some of those items that we all tempts to address our health care crisis Amanda Consovoy, Anthony Cruz, Arpan know are at great risk. have fallen far short of providing all Dasgupta, Marilyn Davis, Lizette DelGado, Kevin Drennan, Erica Farrand, Enrique There is a lot of progress to be made Americans with quality, affordable Fernandez-Roberts, June Fischer, Lauren in a lot of areas. I could go on. I am health care. I would like to see us come Garsten, Elizabeth Gilligan, Jessica Gold- proud of the initiative on kids ac- together as a nation to guarantee stein, Hamlet Darius Goore. counts, which I hope a lot of you will health care to each and every Amer- Derrick L. Green, Robert Helland, Roger get behind. We can change the finan- ican. Hollingsworth, Anne Hubert, Phillip Jack- cial underpinnings and knowledge of so Senator LAUTENBERG and I would like man, Christopher Jones, Grace Kim, Bruce many folks. I am proud of this idea. I to see Bruce Springsteen honored, too. King, Scott Kisch, Jarrod R. Koenig, Allison know there are a number of my col- We think we ought to step up and ac- Kopicki, Mark Layl, Robert Levy, Jonathan Liou, Duncan Loughridge, Jonathan Lovett, leagues who are interested in the idea knowledge both the poetry and the Elizabeth Mattson, Shauna McGowan, Patri- of giving every child who gets a Social majesty of his fights for the working cia E. McGuire, Lena McMahon. Security number a start in life. It is men and women of this world. Hemen Mehta, Francis Meo, Maggie implemented in Great Britain. We I wish to thank my colleagues and Moran, Michael Pagan, Sara Persky Foulkes, ought to do it here. There is a real the people of New Jersey for this great Carlos Polanco, Miguel Rodriguez, Julia hope it can bring about a different op- opportunity. I leave the Senate with Roginsky, Andrew Schwab, Thomas Shea, portunity and potential for every per- incredible excitement and optimism Amanda Steck, Lauren Sypek, Todd Tomich, son. about the future. I am looking forward Dan Utech, Wilson Bradley Woodhouse, David York, Muneera Zaineldeen. And I’m proud of what we’ve done for to my new job in a way I cannot even financial literacy. It’s mind-boggling get my mind around half the time be- Mr. CORZINE. I would not be worth a to me that we live in a capitalist soci- cause it seems so profoundly inter- darn without what they have been able ety, yet our schools provide students esting and applies to the day-to-day to do. I want to say that the staff who with few, if any, tools about how to lives of folks. works the floor has been remarkable. navigate the system. We push our kids I have no serious regrets. I have sad- Without Lula Davis’ help and people out into the world and say ‘‘You’re on ness about not being able to walk onto such as Marty and other folks who your own. Good luck.’’ As more finan- this great floor, but I love this place guide us through how we get things cial risk is shifted onto individuals, the and look forward to coming back and done, none of us would be in the same consequences of bad financial decisions working together on those issues that place, as well as the Parliamentarians, grow more dire. That’s why I pushed to matter. the clerks, and others. I am extraor- include basic financial literacy in the I close by especially thanking my dinarily grateful for their support. No Child Left Behind Act to teach colleague, Senator FRANK LAUTENBERG, I would be remiss if I did not mention young people the basic principles of who has just been a gem to work with, Jeri Thomson who has been so great. capitalism and responsible money man- and my leaders, Tom Daschle and To all of you and to all of those who agement. HARRY REID, who have been extraor- go unmentioned but not unthought of, I will look to this body to come up dinary. let me say thank you. It has been a with answers on health care, Medicare, Mr. President, I say to all of my col- privilege of a lifetime and I look for- making sure our children are educated leagues, they have been great. ward to serving the people of the State appropriately. The agenda is large. I mentioned ROBERT BYRD, a giant on of New Jersey and our great country in There are great disappointments, by this floor. the years ahead. the way. I close with a few of those. It I cannot help but remember the man I yield the floor. is hard for me to imagine when I came maybe I admired the most here, be- (Applause.) here that we were running a couple cause he had the greatest courage, was Mr. LAUTENBERG. Mr. President, I hundred billion dollars in surpluses, Paul Wellstone and his incredible fire wasn’t here when JON CORZINE arrived and now we have created debt that is and commitment to equality and jus- in the Senate 5 years ago in fact, he ac- greater in the 5 years than was ever tice in every possible way. tually took my place at the time. We created in the history of the country. I It has been some run. I want to say met to share ideas on an agenda for think we are really in danger of going thanks to my children, who supported New Jersey and America and I followed over the precipice on the twin deficits me, Jennifer, Josh, and Jeffery; an in- his progress closely. I was impressed by with regard to fiscal management of credible staff who have worked hard. I what I saw in JON’s service in the Sen- this country. It seems grossly unfair have a list of the names of the staff ate, where he has earned respect and that we are placing that burden on fu- who have served the people of New Jer- affection. JON came from great success ture generations the way we are. sey with me. I do not think I will read in the world of finance and industry, I can tell my colleagues, as it ripples them all, but I ask unanimous consent but he is able to communicate with or- down to our State levels, they are that they be printed in the RECORD. dinary people, as well. going to hear a former Senator hooting There being no objection, the mate- Some people arrive here and imme- and hollering pretty high about how we rial was ordered to be printed in the diately head for the headlines. But that are crowding out and crowding in re- RECORD, as follows: isn’t JON CORZINE’s style. JON is a committed ‘‘workhorse,’’ who works long sponsibilities that will be very dif- Current DC and NJ Staff ficult. hours with high intensity. He doesn’t Cynthia Alicea, Renee Ashe, Lucas Ballet, have a lot of flash, but he is very effec- The fact we haven’t raised the min- Vicky Beyerle, Elizabeth Brinkerhoff, Alison imum wage in the years I have been in Brosnan, Sandra Caron George, Jason tive. the Senate is hard to imagine. There is Cassese, Anthony Coley, Gwendolyn Cook, He came to Washington for one rea- a study out this week that if you earn Deborah Curto, Christopher Donnelly, Karin son: to serve the people of New Jersey. the minimum wage, there is not a Elkis, Jennifer Friedberg, Michael Goldblatt, Now, with some sorrow on my part, he county in this country where someone Evan Gottesman, Heather H. Howard, Julie is leaving us here for the same reason: can afford a one-bedroom apartment. It Kashen, Vanessa Lawson, Mada Liebman. to help New Jersey even more directly. is time to move on some of these Jose Lozano, Jonathan Luick, Anne Even before the terrorist attacks on Milgram, Jamaal Mobley, Emma Palmer, 9/11, work had been done to strengthen issues. Dave Parano, Elizabeth Ritter, Keith I know I am preaching to the choir, Roachford, John Santana, Karen Slachetka, security at our chemical plants. JON but it is time to move. We ought to ban James Souder, Ellen Stein, Brooke Stolting, recognized the importance of that issue racial profiling. There are a whole host Jason Tuber, Margaret J. Van Tassell, Ste- long before most people, so when he ar- of issues. ven Van Zandt, David Wald, Barbara A. Wal- rived here in the Senate, he took the

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.038 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13725 ball and ran with it. JON introduced a passage of this bipartisan resolution, lieves very deeply that through hard plan to overhaul security at chemical coupled with other efforts to increase work and determination, people can plants, and many people were surprised awareness of atrocities in Darfur, make better lives for themselves and when he got it unanimously approved prompted then-Secretary of State their families. He believes this so deep- in committee. But those who know JON Colin Powell to declare that genocide ly, because he has lived it himself. CORZINE weren’t surprised. Even when was in fact occurring. After traveling Growing up on a small farm in Illi- that bill was blocked by lobbyists, JON to Sudan personally, Senator CORZINE nois, JON dedicated himself to his stud- didn’t give up. He has continued to championed a successful bipartisan ef- ies and graduated from the University fight to make our chemical plants fort to provide $75 million for African of Illinois. He then joined the Marine safer. He has raised awareness of the Union peacekeeping troops. He also in- Corps Reserve and began his impressive problem, which I will take up once troduced a bill establishing sanctions career in business and banking. again, because we are at risk across against Sudan, which the Senate His talents helped him rise in the this Nation from the most horrible dev- passed. business world too—from a bond trader astation to our people and commu- JON served in the Marine Corps Re- at Goldman Sachs to chairman and nities. serves, and he understands the burdens CEO of the firm. JON CORZINE carried an agenda here on our men and women in uniform es- Once his hard work and talent helped that was so appropriate for New Jersey pecially the National Guard and Re- him reach the pinnacle of his profes- that he established a place for himself serves, who have provided so many of sion, JON decided to give something in the history of the State even before the troops in Iraq. back by helping all Americans achieve he becomes Governor. After I served in World War II, I went their full potential. When he came to the Senate in 2001, I wasn’t a Member of the Senate on to college on the G.I. bill. JON CORZINE he made an immediate impact, bring- that fateful day of September 11, 2001, has worked to update the G.I. bill for ing the same talents and commitment when my State lost almost 700 people. the 21st century, to meet rising edu- in the business world to his work for But I knew we would have a strong ad- cation costs. He has fought for better New Jersey and the country. vocate in JON CORZINE. And we did. JON health care for veterans and military We could all see that JON was a com- listened to the families who had lost families. And he sponsored a bill that mitted and progressive public servant, loved ones, and he knew they deserved will help 90,000 vets buy their own motivated by a strong sense what’s answers. So he fought to establish the homes. For these reasons and many right and what’s fair. 9/11 Commission. I honestly don’t think more, the Veterans of Foreign Wars Not long after he was elected, the Na- it ever would have come to pass with- gave JON their Congressional Award in tion faced a sudden challenge of mas- out his efforts. He has been a great ally 2004. sive corporate fraud, involving Enron, in my fight to make New Jersey and Over the past 3 years I have been WorldCom, and others. Families’ pen- our Nation safer by directing homeland proud to call JON CORZINE my friend sions were lost. Workers’ savings went security resources to where they are and my colleague. Today, I am equally up in smoke because of cooked books most needed. proud to call him the next Governor of and insider deals. By the time I returned to the Senate my home State of New Jersey. I will The administration dragged its feet, almost 3 years ago, JON had earned a miss him here in the Senate. But I will but Jon stood up for those workers and reputation as a hard worker who cares take comfort in knowing that he will sent a clear message to those execu- more about getting results than get- be leading New Jersey in the right di- tives that if they defraud the American ting credit. People had learned that rection. I hope all of my colleagues will people, they must pay. when you talk to JON CORZINE, he real- join me today in wishing Senator JON’s compassion and invaluable ly listens. They had learned that he CORZINE a fond farewell and great suc- business experience helped persuade isn’t in love with the sound of his own cess in the future. Congress to pass the most sweeping voice. And they had learned that when I yield the floor. corporate reforms since the Great De- JON CORZINE does speak, he has some- The PRESIDING OFFICER. The Sen- pression. thing to say. ator from Massachusetts. He brought that same knowledge of Three years ago our Nation was Mr. KENNEDY. Mr. President, I the financial markets and securities rocked by the Enron scandal, and by think the Senator from California had industry and that same sense of fair- other incidents that undermined public a unanimous consent request? ness to the battle to protect Social Se- confidence in the integrity of major Mrs. FEINSTEIN. If I may, and I curity. When others tried to frighten corporations. With his background as thank the Senator from Massachusetts, the American people into undermining the CEO of one of the largest financial I ask unanimous consent that I be rec- the most important social safety net services firms in the country, JON real- ognized when the tributes to Senator program the Nation has ever had, JON ized the importance of restoring public CORZINE have concluded. stood firm, and the so-called reforms trust and confidence. Even though he The PRESIDING OFFICER. Without were not passed. worked mostly behind the scenes on objection, it is so ordered. I was especially impressed by the the Sarbanes-Oxley bill the most far- The Senator from Massachusetts. way Senator CORZINE rose to the chal- reaching corporate reform law since Mr. KENNEDY. Mr. President, it is a lenge of 9/11 and rallied the people of the Great Depression he was recognized privilege to join my Senate colleagues New Jersey after the terrorist attacks. by the New York Times as the bill’s in paying tribute to JON CORZINE, con- He was only 9 months into his term, ‘‘primary architect.’’ gratulating him on his election as Gov- but he stepped up and provided real Sarbanes-Oxley improved business ernor of New Jersey, and commending leadership at a time of enormous crisis accounting standards, helped restore him for his skillful service to the peo- and uncertainty. investor confidence, and protected the ple of New Jersey and to the Nation as He did his best to ease the grief of savings of millions of Americans. JON’s a Senator. the survivor’s families, and he did ev- name isn’t on that bill, but his influ- For the past 5 years in the Senate, erything he could to see that the Fed- ence is. Senator CORZINE has stood up for work- eral Government lived up to its respon- JON has been a great teammate for ing families, for affordable health care, sibility to provide relief to those fami- me, working for New Jersey day in and for pension security, and on many lies. day out. He has also worked with many other challenges. Again and again, he Month after month, year after year, of you, on both sides of the aisle. has demonstrated his commitment to JON also insisted that the 9/11 Commis- I know how hard he has worked with the fundamental principle of fairness— sion get answers to their tough ques- Senator BROWNBACK, for instance, to that government should represent the tions, no matter how entrenched the stop genocide in the Darfur region of interests of all Americans, regardless opposition. the Sudan. As a member of the Foreign of race, income, or disability. It has For 5 years, he has been a driving Relations Committee, JON offered the been an honor to work with him. force to improve homeland security, by first Senate resolution to classify this JON is committed to helping others making sure that our Nation’s ports re- horrific situation as ‘‘genocide.’’ The achieve the American Dream. He be- ceive the resources they need, and by

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.041 S16DEPT1 S13726 CONGRESSIONAL RECORD — SENATE December 16, 2005 pressing the administration to protect helping to shape and develop that legis- ticulate advocates for public transpor- chemical plants in New Jersey and lation. His work was invaluable. tation, whose importance in the day- across the Nation. Consistently in the work of the com- to-day lives of his constituents he We will miss JON’s leadership and mittee, JON CORZINE played a critical knows firsthand since he represents the eloquence here in the Senate. The peo- role in efforts to strengthen protec- most densely populated State in the ple of New Jersey are fortunate to have tions for investors in our capital mar- Nation. He fought to preserve and en- him as their new Governor, and I know kets. BusinessWeek, in fact, noted that hance the Federal transit program as he will continue the outstanding lead- his work in this area gave him ‘‘an un- the new surface transportation author- ership we have all come to know and usually high profile for a junior Sen- ization legislation was developed. As a admire. New Jersey is in good hands, ator.’’ result of his efforts, New Jersey will re- and I wish him continuing success in His contributions to the work of the ceive nearly $2.5 billion in transit for- the years ahead. committee were by no means focused mula funds from 2004 through 2009, a 50- The PRESIDING OFFICER. The Sen- only on these issues. Indeed, he percent increase over the amount the ator from Maryland. touched virtually every issue in the State received in the predecessor legis- Mr. SARBANES. Mr. President, I ask committee’s jurisdiction. He has lation. unanimous consent that following my worked vigorously to expand housing He also succeeded in assuring pri- comments, Senator STABENOW be rec- opportunities and the effectiveness of ority treatment in terms of planning, ognized, then Senator SALAZAR and Federal housing programs. He has been funding, and execution under this new Senator REED be recognized. All of us a forceful spokesman for full funding legislation for a new commuter rail seek to speak about our colleague, Sen- for critical programs of the Depart- tunnel under the Hudson River. This ator CORZINE. ment of Housing and Urban Develop- project, the Trans-Hudson Midtown The PRESIDING OFFICER. Without ment—section 8 vouchers, housing for Corridor, has been identified as a cru- objection, it is so ordered. the elderly, improved public housing, cial investment for the region’s mobil- Mr. SARBANES. I thank the Chair. and other efforts to assist low-income ity and security. As a result of his ef- Mr. President, in a few weeks our homeowners and renters. It is indic- forts, the National Transit Institute, good friend, JON CORZINE, will leave the ative of his commitment, and in his which provides training, education, and Senate, where he so effectively rep- statement here in the Chamber only a clearinghouse services to support pub- resented New Jersey and its people few minutes ago he again was making lic transportation, will be maintained over the past 5 years, to become Gov- reference to how people who work at at Rutgers, the State University of ernor of his State. I have been privi- minimum wage can’t afford an apart- New Jersey. leged to serve with Senator CORZINE on ment in county after county across the Senator CORZINE was a leader in the the Committee on Banking, Housing, country. effort to develop a Federal backstop for He led efforts to expand coverage of and Urban Affairs, to whose work he terrorism insurance after the attacks FHA insurance for multifamily hous- has brought an extraordinary combina- of September 11, 2001. Those attacks ing, something especially relevant in tion of principle, vision, intelligence, left such insurance widely unavailable States such as New Jersey where in- and solid common sense. I wish to say and put businesses and commercial flated housing costs affected previous a few words today about his spectac- property owners at risk of future losses program ceilings. He pressed for energy ular work on that committee. For a from terrorism without having insur- efficiency requirements in public and while, I was privileged to serve as ance coverage. He recognized imme- assisted housing, and he has remained chairman of the committee, and I can diately this situation would create a committed to Federal action to assure tell you that no chairman could have a drag on economic activity and again secondary mortgage market liquidity better fate than to have JON CORZINE as and affordable housing. brought his expertise to bear in helping one of his members. to develop the Federal legislation Prior to entering the U.S. Senate, JON CORZINE was an original cosponsor of the legislation to stop predatory under which the Federal Government JON CORZINE spent nearly a quarter of lending practices and spoke forcefully would share the risk of future ter- a century with Goldman Sachs, the in the committee’s deliberation about rorism losses with the industry. New York investment bank, including the harsh and cynical techniques pred- Senator CORZINE was one of the first five as its chairman and CEO. His long atory lenders used to exploit vulner- to recognize the threat that identity and wide-ranging experience in the fi- able borrowers seeking mortgages and theft poses both to consumers and to nancial markets made him especially other credit. He has been one of the the integrity of the Nation’s payment well qualified to deal with the issues leaders in the Senate in the fight system. He has been a leader in the that came within the Banking Commit- against Federal preemption of State fight for safeguards on personal infor- tee’s jurisdiction. In very short order, consumer protection laws which are de- mation, on protecting the privacy of it was apparent that whenever JON signed to protect our citizens against our citizens. CORZINE’s turn in a committee meeting these practices. Many of these things I have spoken came to put questions to witnesses, He has been among the Senate’s most about reflect a common theme, and even the most confident and sophisti- outspoken advocates for public and pri- that is JON CORZINE’s concern for those cated among them listened more in- vate financial literacy programs to en- left out and left behind. It has been a tently and responded more carefully. sure that all Americans of all ages and hallmark of his service in the Senate Senator CORZINE’s contribution to all backgrounds have the skills to that he has sought to bring into the the accounting reform and investor grasp the financial implications of the mainstream of American life those who protection legislation known as Sar- often complex credit card loans and have been left out of it. This concern banes-Oxley was invaluable. Along other financial arrangements they are for those, in a sense, who have been with Senator DODD, who also serves on offered. forgotten, was reflected in his work in the committee, JON CORZINE was He has obtained Federal funding for the international arena, particularly among the first members of the Senate financial education programs in ele- the emphasis he placed on the situa- to call for hearings on investor protec- mentary and secondary schools and tion in Darfur. Again and again, JON tion in the wake of the collapse of was the leader in the ultimately suc- CORZINE took the floor of the Senate to Enron Corporation. Those hearings cessful efforts in 2003 to pass the Fi- bring to our attention the terrible took place in February and March of nancial Literacy and Education Im- things that were happening there and 2002, and Senator CORZINE, along with provement Act, which incorporates to push for measures to help alleviate others on the committee, Senator many of his ideas. For his work on this that situation. DODD and others, played a critical role issue, the JumpStart Coalition for Per- Finally, let me say what has distin- in shaping the reform legislation en- sonal Financial Literacy named him guished Senator CORZINE’s service in acted 4 months later. I have done it be- ‘‘Federal Financial Literacy and Edu- the Senate over and above his many fore and I wish to again acknowledge cation Legislator of the Year.’’ specific accomplishments is the dedica- the very substantial and significant Throughout his tenure, Senator tion and vision and principles that un- contributions JON CORZINE made in CORZINE has been among our most ar- derlie all his work. Before coming to

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.017 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13727 the Senate, he spent much of his pro- very best as he leaves this body and in I add my comments, along with my fessional life as an investment banker. the years ahead. friends and colleagues in the Senate, But he brought to his responsibilities I yield the floor. for someone who has become a personal certain fundamental convictions about The PRESIDING OFFICER. The Sen- friend, as well as someone I admire the nature of American society, a hope- ator from Michigan. greatly and that we are going to great- ful and optimistic vision of American Ms. STABENOW. Mr. President, I ly miss. New Jersey is very lucky to life that first took place as he was rise today to join my colleagues in have JON CORZINE coming in as Gov- growing up in a small farming commu- honoring a man I have come to know ernor of that great State. nity in central Illinois. It was there he as a colleague, a dedicated public serv- Senator CORZINE and I have worked has said he learned ‘‘the meaning of ant, and a friend. together both on the Committee on the hard work and the opportunities af- JON CORZINE is a shining example of Budget and on the Committee on Bank- forded by a strong education system.’’ the American dream—of what one can ing. I can say it is true what Senator JON CORZINE went on to earn his B.A. accomplish with hard work and the op- SARBANES said, that even though he sat as Phi Beta Kappa at the University of portunity to obtain a good education. at the end of the table at the Com- Illinois at Urbana-Champaign, and en- Growing up in rural Illinois as the mittee on Banking and we were listed in the Marine Corps Reserve son of a corn and soybean farmer and a squeezed in with our staff trying to public school teacher, JON CORZINE where he served for 6 years. He at- make sure we did not fall off the end of learned early in life the importance of tended the University of Chicago Busi- the platform, I always knew when the family, responsibility and service to ness School at night, and not too much person at the end was about to speak his community. later he joined Goldman Sachs. These are the values that led him to and ask his questions, there was going His many years in the financial mar- serve his country as a member of the to be silence in the room and tremen- kets have not dimmed JON CORZINE’s U.S. Marine Corps Reserves—and over dous respect for what he was going to vision of America as a nation grounded the years, his strong values have guid- say and concern about whether they in opportunity—opportunity for a good ed his career in both in private indus- would be able to effectively answer his education, for a decent job, a place to try and public service. questions, as the witnesses were an- raise one’s family and someday to re- JON CORZINE started his career on the swering various questions concerning tire with dignity, security, and self-re- ground floor of American business. And finances. spect. He has dedicated his efforts to even as he worked hard and achieved To watch Senator CORZINE work has advance programs that can make this extraordinary success, he never lost been to watch an example of what we vision a reality for all his fellow Amer- sight of his values. want in public service. To see someone icans. When he served as chairman and who grew up in a small town—like I did When he announced his candidacy for chief executive officer of Goldman in Michigan—growing up in a small Governor of New Jersey last December, Sachs, he led that company from a pri- town, serve his country in the Marines, Senator CORZINE pledged he would vate partnership to a public offering. as so many of my colleagues have. I am ‘‘fight like crazy to make sure that At the same time, expanded the com- particularly proud of the people on the there is a view that government can be pany’s philanthropic outreach efforts Democrat side of the aisle who have a partner in lifting up the lives of the to better serve people in need. served in public service as it relates to rest of America.’’ This is surely what He continued that important work our Armed Services and continue to he has done in the Senate. here in the U.S. Senate, where he used bring that perspective and support In just 5 short years, notwith- his political power to fight for people today. standing his junior status in a body without political influence. For the But certainly Senator CORZINE is one that sets a high premium on senior- last 5 years, he has been a tireless ad- of them. And to go on to be so incred- ity—when I first came here I was very vocate or veterans, seniors, students, ibly successful in business, and then to critical of the seniority system, but I women, children and families in New bring that expertise here on behalf of have to admit that as time has gone by Jersey and across our Nation. the people of New Jersey to work with I have come to see the virtues of the Senator CORZINE and I were sworn all of us I think is an example of a tre- system. JON CORZINE has had an im- into the Senate on the same day—and mendously great American success pressive record of accomplishment. He I served with him on both the Budget story. I am proud to have worked with has demonstrated the astute and prin- Committee and the Banking, Housing Senator CORZINE and look forward to cipled leadership in the Senate that and Urban Affairs Committee. There, working with him as the Governor of will most assuredly make him a distin- we worked together to preserve funding New Jersey. guished Governor of the State of New for programs that help our Nation’s I will simply echo my colleagues in Jersey in the service of all its people. most vulnerable citizens—programs saying, when we talk about corporate If I may be so bold as to address a such as Medicare and Medicaid, vet- responsibility and accountability, Sen- word to the people of New Jersey, I erans health care, and education. ator CORZINE and his expertise has been simply say they have an extraordinary We also worked together to lead the there. Housing, public transit, home- leader about to take over as the Gov- fight to keep the security in Social Se- land security, his passion for Social Se- ernor of their State. I urge them to curity. curity, addressing so many different give JON CORZINE their backing and His business expertise made him a issues that are important to people, support so he can bring his vision to strong advocate for fiscal responsi- important to communities, important bear in the State of New Jersey. bility. He fought to get the national to our democracy, have had the voice When Woodrow Wilson became Gov- debt under control so we could preserve of JON CORZINE. ernor of the State of New Jersey, he in- and create opportunities for our Na- So I congratulate you on your serv- troduced a progressive agenda which tion’s young people—rather than sad- ice. I congratulate the people of New became the model for the Nation. New dle them with the burden of our gov- Jersey on the public service that is to Jersey went to the very forefront of ernment’s debts. come. And, mostly, I thank JON the 50 States in addressing fairness and He has lived the American dream and CORZINE for his generosity of heart and opportunity for its citizens and en- continues to work hard to ensure that for his willingness to invest in so many hancing their quality of life. I say others have a chance to live it too. ways to better the community with his today, as we bid our dear colleague a JON CORZINE is a thoughtful, hard- own resources. This is someone who fond farewell, JON CORZINE can provide working man who worked with his col- has been incredibly generous and car- that kind of leadership for New Jersey. leagues from both sides of the political ing and smart and compassionate and He can move that State to the very spectrum to do the right thing for the dedicated to the right values that we forefront of the 50 States and make it people of New Jersey and this Nation. all care about deeply. a shining example of what can be ac- I am honored to have him as a friend I know he is going to do an out- complished when all of us pull together and a colleague—and I wish him well in standing job as Governor and that we in order to enhance opportunity for his new role as Governor of New Jer- will all be better off for his public serv- each and every one. I wish him the sey. ice.

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.044 S16DEPT1 S13728 CONGRESSIONAL RECORD — SENATE December 16, 2005 With that, I yield the floor. words about my colleague and friend, the need for safe and affordable hous- The PRESIDING OFFICER. The Sen- JON CORZINE. He has honored this Sen- ing. Senator CORZINE has been on the ator from Colorado. ate and he has honored the people of vanguard of that effort. I salute him Mr. SALAZAR. Mr. President, I stand New Jersey with his service. for that. here today to not only say thank you I did not know JON before he came He has also been particularly con- but to congratulate the Senator from here. I heard about his campaign. I cerned about housing for veterans. The New Jersey, the Governor-elect of New heard about his success on Wall Street. Veterans’ Administration Home Loan Jersey, JON CORZINE. I, frankly, must confess, I did not know Program provides access to home fi- For me, my whole life has been what quite to expect. Having seen the nancing for veterans who often, be- touched by many people who have movie ‘‘Wall Street,’’ I almost thought cause of their time spent serving our helped me live the American dream. that Michael Douglas would walk in Nation, have not had the opportunity But it is an American dream, too, that the door in a $3,000 suit and with expen- to build up the credit they need to has come with challenges in dealing sive accoutrements. qualify for a conventional mortgage. with the issues of poverty and in deal- JON surprised us all because he is not Senator CORZINE’s legislation to in- ing with the issues of racism. like that. He might have found his suc- crease veterans’ home purchasing There was a time in my life when I cess on Wall Street, but his values were power, which became law as part of the thought anything was possible for any- formed in the heartland of America and Veterans Benefits Improvement Act of one in America. There was also a time in the U.S. Marine Corps. He believes 2004, raised the loan limits available in my life when I thought there were very deeply in values that are impor- under the VA Home Loan Program to limitations placed on myself person- tant and central to our party and to allow veterans to obtain mortgages of ally that I could never overcome be- the people of this country: the notion up to $333,700, the same level available cause of the history of racism and the of opportunity for all and the notion in the traditional mortgage market. effects of poverty within my own life. that this is a community, not just a Finally, the Senator from New Jer- Notwithstanding the fact that I was a collection of individuals. sey has been a fierce advocate for mass proud son of that great generation of His service in this body has exempli- transit funding, not in his home State World War II, soldiers who fought in fied those values and made us all ex- of New Jersey but across this country. World War II, and steeped in the his- traordinarily proud. I served with JON He has been particularly effective, tory of New Mexico and southern Colo- on the Senate Banking Committee. As though, in helping his home State. rado, there were many people who, the chairman and ranking member at Senator CORZINE was instrumental in when I decided to seek this position in various times of the Housing and providing legislation to help build a the Senate, thought that it could not Transportation Subcommittee, I was commuter rail tunnel under the Hud- be done. There were many people who familiar with all of JON’s efforts in son River as part of the recently passed brought up reason after reason why making real progress on issues of im- Safe, Accountable, Flexible, Efficient this was not a place where I could portance to the people of New Jersey Transportation Equity Act: A Legacy serve. and the people of this country. for Users. The language that Senator One of the people who disagreed with My friend and colleague, Senator CORZINE included will expedite the pro- those conclusions was JON CORZINE. SARBANES, has pointed out some of posed rail tunnel under the Hudson JON CORZINE told me that, yes, it was these, and I would like to, for the River and require the Federal Transit possible to still believe in the Amer- RECORD, amplify again what JON has Administration to sign a Full Funding ican dream, that no matter what your done. Grant Agreement with New Jersey background is and no matter what your The Federal Housing Administration Transit that will provide the Federal economic circumstance might be, ev- Multifamily Housing Program provides funding needed to complete the tunnel, erything is still possible here in Amer- insurance to those seeking to build and in so doing not only will he assist ica. His inspiration and his vision and multifamily rental housing. The pro- the people of New Jersey, but he will his leadership contributed to my serv- gram has played a critical role in the assist the economy of this Nation, ing today in the Senate. development of affordable multifamily since so much is dependent upon tran- When I characterize my friendship rental housing. However, as the cost of sit access through New Jersey to the with JON CORZINE and look at him as a building new housing has dramatically Eastern Seaboard, Boston, New York person and as a leader, the words that increased in recent years, Federal mul- and down to Washington. come to my mind are ‘‘an authentic tifamily mortgage insurance loan lim- We all are going to miss Senator leader.’’ He is who he is. He is a very its have failed to keep pace with infla- CORZINE immensely in the Senate, but successful businessperson, but he is the tion. he is going forth now to a mission that kind of person whom we ought to have In 2002, Senator CORZINE led the way is equally important; that is, to serve in the Senate all of the time; that is, to secure passage of a provision to the people of New Jersey as their Gov- people who care about our Nation and raise FHA multifamily loan limits by ernor. I know he will be successful. And the people whom we represent here indexing them to the annual construc- I know those values of opportunity and every day. He has put them and our Na- tion cost index to ensure that the pro- community and fairness and tolerance tion ahead of his own self-interest. gram keeps pace with inflation. and decency that exemplified his serv- That is the legacy that we now pass on In 2003, Senator CORZINE further im- ice in the Senate will mark him as a to New Jersey, the legacy that New proved the FHA multifamily loan pro- remarkable Governor for the State of Jersey has grabbed for itself, as they gram by securing passage of legislation New Jersey. take him as the next Governor of New to boost those limits in high-cost com- I yield the floor. Jersey. munities around the country. The PRESIDING OFFICER. The Sen- I know he will continue to do great Specifically, his legislation raised ator from Massachusetts. things in New Jersey as the Governor the loan limits in high-cost areas to 140 Mr. KERRY. Mr. President, knowing of that State, in the same way he has percent of the statutory base limit and JON CORZINE as I think I do, if he had done great things in the Senate—those by 170 percent on a project-by-project known he was going to have to sit things my colleagues have spoken basis. through all these speeches after he about on the floor of the Senate today. These increases have been vitally im- spoke, he would have come down here a I wish him well, and I know his con- portant in the construction and reha- lot later at night, I suspect, or cer- tinued leadership is something we will bilitation of affordable rental housing tainly waited until we got out of town, continue to see in the days and years in high-cost States such as New Jersey because that is the nature of this Sen- ahead. and my own State of Rhode Island ator, Governor to be. Mr. President, I yield the floor. where the shortage of affordable hous- I have listened to my colleagues and The PRESIDING OFFICER. The Sen- ing has become a crisis. I listened to his speech. He left us with ator from Rhode Island. JON recognizes that at the heart of some important warnings, some impor- Mr. REED. Mr. President, it is a every family’s efforts to educate their tant pleas, which I hope colleagues will privilege to be here today to say a few children, to find work, to hold work, is take seriously. I would incorporate

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.046 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13729 into my comments about JON all of the Likewise, with respect to Darfur, an the Senate Budget Committee and no things Senator SARBANES said. They issue where the country ought to be one in this Chamber has a better un- were a wonderful summary of what he providing a sense of moral outrage, JON derstanding of financial markets or did and how he did it, his accomplish- doggedly and tenaciously pursued that economic issues than Senator JON ments. issue without grandstanding, without CORZINE. He did veterans, and he has been a trying to do it in a way that was sort On the Budget Committee, Senator passionate advocate for public trans- of hit and run. He stayed at it and got CORZINE has warned repeatedly of the portation. He was instrumental in the Senate ultimately to take some risks of exploding deficits and debt. As housing. These are the sorts of signal measures, though never what we ought someone who has been extraordinarily accomplishments you can measure, to be doing, and the country has yet to successful in the private sector, and as which he can point to and colleagues do what he knows and understands we someone who has displayed in the real have, that define the few years he has ought to be doing. world a profound understanding of been here. He always has had a sense of right what moves markets, Senator CORZINE I say a word or two about the things and wrong. The minimum wage, the in- words have weight, especially when he that helped push him in the direction comprehensibility of us being a coun- says to the members on the committee of accomplishing those goals. What has try where people can live out work val- and here on the Senate floor that we always struck me about JON CORZINE ues and you can’t live, and his sense of are running unacceptable risks as we and the thing that has been singled out injustice at giving a tax cut to people run up the deficit and debt of the in a number of comments made by my such as him who have been blessed United States. Senator CORZINE has colleagues is the quality of the person, with the fruits of great wealth, who un- time after time alerted us to the risks almost an improbable quality when derstand that there is a different set of to the economy of higher interest rates you measure it against the profession priorities, a sense of outrage that we as a result of burgeoning deficits and he chose for so many years. would be cutting children off of Med- debt. Maybe a comment about Wall Street, icaid, and so on down the list. Senator CORZINE has told this body certainly a comment that I know JON I am thrilled, and I know when I was and told the country that it is CORZINE would articulate any number privileged to be in New Jersey, I could unsustainable to double the foreign of different times in different ways, feel it in the people of New Jersey who holdings of our debt in 5 years. It is re- that we don’t think of people tradition- obviously were inundated with an on- markable and terribly unfortunate ally, with the obvious exceptions, a slaught of confusing and reprehensible that in 5 years, we have taken the ex- Bob Rubin, some others. JON CORZINE kinds of claims in the context of a ternal debt of the United States, which always kept, No. 1, a great sense of campaign, which we have seen too was $1 trillion 5 years ago, to $2 trillion idealism; No. 2, a very strong moral much of, but he plowed through that, today. compass that led him to always distin- because of that idealism and his sense Mr. President, it took, as Senator guish between right and wrong; and, of purpose for the State. Those folks CORZINE has pointed out, 224 years to No. 3, an integrity about the approach are anticipating the same kind of ex- run up a trillion dollars of external to public life that willingly disclosed citement that he said in his comments debt, and that amount has been exceed- great wealth, willingly submitted him- he will bring to this new challenge. ed in the last 5 years. Senator CORZINE self to unbelievable attacks in order to The people of New Jersey have cho- has said consistently and firmly that pursue a greater good. Most people sen wisely. They are going to have a these are risks that are being run that would shy away from that today. When leader who will do exactly what Sen- have the potential to lead to a dra- you talk to people in the private sector ator SARBANES talked about. He has matic increase in interest rates, which today about running for office, they the opportunity to make that State would have negative consequences—ex- are quick to say: Do that? Why would one of the great laboratories in the tremely negative consequences for the I want to do that? Why would I want to country, to do what we are unsuccess- American economy. It would threaten subject myself to that? Why would I ful and unwilling to do too often at economic growth, and has the potential want to put myself through that scru- this moment in our history here in to put us into recession. tiny? Washington. I almost envy him that Mr. President, we have been fortu- JON CORZINE has always been driven opportunity to grab the executive reins nate to have someone of JON CORZINE’s by his sense that there is too much and go out and do it. He is going to be character and wisdom serving with us missing in governance today, that an exceptional Governor. He is going to in the Senate. I am going to miss Sen- there is a bigger purpose than all of us continue to have an impact on what ator CORZINE very much. He has been individually, a noble purpose in what Congress chooses to do because of those such a strong member of the Budget we are trying to achieve. He believes priorities that he sets in the State. Committee—someone to whom we unabashedly that Government can be There is no question in my mind that could look for expertise that is highly part of the solution, that Government our caucus, which has looked to him regarded by all Members of this Cham- actually helps people. And unlike so regularly as sort of the resident expert ber. much of the rhetoric of the last years on issues of fiscal, trade, Wall Street I know JON CORZINE will do a remark- that has attacked everything Govern- matters, is going to miss that expertise able job as Governor of the State of ment does until you have a Katrina, enormously. New Jersey. As he leaves here, we wish when you understand why you need it, I thank this Senator for his service him well. I thank the Chair. or until you see the potholes in the to us, to the country, and we look for- Mr. DAYTON. Mr. President, I also streets and the bridges falling apart ward to the service he will provide as want to join with my colleagues in and you begrudgingly acknowledge you Governor of New Jersey. paying tribute to our departing Sen- need it, JON always believes you need it The PRESIDING OFFICER. The Sen- ator from New Jersey, Senator JON proactively. He understands the good it ator from North Dakota. CORZINE. I met him for the first time can do. Mr. CONRAD. Mr. President, I rise to when we were both sworn in on Janu- Every one of us who has had the wish Senator JON CORZINE the very ary 3 of 2001. privilege of being here for awhile was best as he goes from service in this Even before that time, I knew of his impressed by that passion and moral body to become the next Governor of success but also his high caliber by vir- compass he brought to some of the the State of New Jersey. I have had the tue of the fact that he was cochairman issues. When business people in Amer- privilege of serving with Senator of a great firm, Goldman Sachs, whose ica were abusing their trust, JON CORZINE on the Budget Committee. He previous contributions to the U.S. Gov- brought this extraordinary credibility has been a valued member of that com- ernment included John Whitehead, to that debate. There are huge provi- mittee. He has made an extraordinary Deputy Secretary of State under Presi- sions, as Senator SARBANES will tell us, contribution there, always thoughtful dent Reagan, and Robert Rubin, the and a great deal of guidance through and well informed. Senator CORZINE is Secretary of the Treasury under Presi- that process that came from this fresh- deeply respected by colleagues on both dent Clinton. Senator CORZINE followed man Senator. sides. It is fair to say that no one on in that tradition of very successful

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.054 S16DEPT1 S13730 CONGRESSIONAL RECORD — SENATE December 16, 2005 men who could do anything they want- abuses at corporations like Enron. At I also want to take a moment on be- ed with their lives for the rest of their the time, Congress needed someone half of the Senate Democratic caucus lives but had chosen to commit them- who understood corporate America and to publicly thank Senator CORZINE for selves to public service. who could help find balanced solutions his work in the last Congress as head of It has been an honor and a privilege that made sense. JON CORZINE stepped the Democratic Senatorial Campaign and a pleasure to serve with Senator to the plate and helped develop one of Committee. Senator CORZINE had a CORZINE these last 5 years, to learn the most important corporate reforms tough Job and was dealt a tough hand. from his own wisdom and experience as in American history. That legislation, But he worked extremely hard, as he it relates to so many matters affecting known as Sarbanes-Oxley, may not always does, and he did an excellent the betterment of our country, and bear his name, but it surely bears his job. then to watch him forego what would mark, and all Americans owe him a Let me also express my appreciation have been a safe track and a relatively great debt of gratitude for his con- to Senator CORZINE for selecting an easy reelection next year as a Senator tribution. outstanding member of Congress to re- because he felt he could be of better Senator CORZINE’s economic exper- place him. While we will miss Senator service to his fellow citizens from New tise also helped him become a real CORZINE greatly, BOB MENENDEZ is Jersey by acting as their Governor, leader on budget and fiscal issues. going to be an excellent Senator for going through the rigors and ordeals of Since coming to office, he has been an New Jersey. It is a credit to Senator another campaign, a challenging en- outspoken advocate for fiscal responsi- CORZINE to have chosen such a talented deavor but where he sacrificed himself bility and a leading defender of Social and committed public servant, who I and his own resources in order to give Security. In the last Congress, he head- am confident will not only represent ed the Senate Democratic Task Force greater service to the people of New New Jersey well but will also help this on Social Security, where he developed Jersey. body better represent the great diver- the case against privatization long be- Our loss in the Senate with his depar- sity of our Nation. fore the issue was in the headlines. ture will be a gain for his fellow citi- Now Senator CORZINE moves from Democrats stopped the administra- zens from that State as he devotes full Washington to Trenton, where he will tion’s misguided attempt to privatize time in New Jersey to their better intake on some very difficult challenges. Social Security dead in its tracks this terests. I wish him well. We will miss But, nobody should ever underestimate year. Senator CORZINE’s efforts last JON CORZINE. The people of New Jersey him. He will carry out even further the year laid the groundwork for much of have selected a man who not only has great talents he has and his ability to what we were able to accomplish. extraordinary talent but someone who improve his State and our country. Senator CORZINE also has taken up I yield the floor. another important cause that still fails always give it everything he has. I Mr. REID. Mr. President, when the to attract sufficient attention: the know he will serve them well and I Senate returns in January, we unfortu- genocide in Darfur. After prior mass know at the end of the day, he will re- nately will be without one of the finest murders abroad, such as the one in main what he is today: a kind, humble, Senators in this body. Senator JON Rwanda, many Americans looked back and principled person who represents CORZINE will be moving to New Jersey with regret at our Nation’s failure to the very best of our Nation. to serve as its Governor. I want to pub- act. Yet today, in the midst of another Mr. DURBIN. Mr. President, I just licly congratulate Senator CORZINE on terrible genocide, the U.S. response is left a small farewell party for my col- an impressive victory, and congratu- again woefully and tragically inad- league, JON CORZINE of New Jersey. He is, of course, leaving the Senate in a late the people of New Jersey for mak- equate. JON CORZINE has personally ing an outstanding choice. Their gain gone to Darfur and has worked hard to few days to become Governor of the is the Senate’s loss. focus the Nation’s attention on this State of New Jersey. Congressman BOB JON CORZINE has been an exceptional crisis. It has been a thankless task MENENDEZ will be appointed to fill his Senator largely because he is an excep- with no apparent political benefits. For vacancy and stand for election in about tional person. It didn’t take Senator his willingness to pursue this moral a year. I am going to miss JON CORZINE for a CORZINE long to demonstrate to his col- cause, he deserves real credit from lot of reasons. First, we have a lot in leagues his intelligence and his impres- every American. It will be incumbent common. JON was born and raised in sive knowledge of a broad range of po- on all of us to remain focused on this the small town of Willy Station, which litical and economic issues. But per- terrible tragedy after he leaves. haps even more important, he quickly Another cause of great importance is just a few miles away from the bus- tling metropolis of Taylorville in convinced members on both sides of the on which Senator CORZINE has taken aisle that he possessed a genuine de- the lead is the effort to prevent ter- Christian County, IL, just a few miles cency and humility. rorism at chemical plants. As Senator from where I live. I know a little about JON CORZINE surely has one of the CORZINE has told us repeatedly, there the Corzine family today, and I sense most impressive resumes of any Amer- are more than 100 chemical facilities what his upbringing was all about. He ican anywhere. He has a remarkable around our Nation where a terrorist at- grew up on a farm, with a dad who record of accomplishment, both in tack could endanger more than a mil- raised corn and soybeans. It was not a business and public service. But suc- lion people. Unfortunately, security at comfortable and wealthy existence, but cess never went to his head. And if you too many of our plants is grossly inad- it was a great upbringing. He was are fortunate enough to meet him—no equate. Senator CORZINE recognized the raised in the Midwestern tradition of matter who you are or what your place importance of addressing these secu- working hard. He started at age 13 with in society—you can be sure that Sen- rity risks now before a catastrophe oc- his first job. He worked his way ator CORZINE will treat you with re- curs. Each of us has a responsibility to through college, going to the Univer- spect. He is sincere. He listens. And push forward on this issue he has sity of Illinois where he was a walk-on he’s humble. Its almost impossible not pushed so tirelessly. on the basketball team. He has assured to like JON CORZINE. I could go on about the many other me time and again he was no superstar. When Senator CORZINE came to issues on which Senator CORZINE has But the fact that he did that and Washington just 5 years ago, it didn’t taken a lead from protecting prescrip- served in the Marine Corps and went on take him long to earn both the admiration drug benefits of New Jersey sen- to the University of Chicago for a mas- tion and the affection of his colleagues. iors to promoting financial literacy to ter’s degree in business tells me he is a But he wasn’t just a nice, smart guy. preserving our environment, blocking person who had a good work ethic—not He also worked on behalf of the citi- cuts in student aid and protecting only that but a great deal of talent. zens of New Jersey and the Nation like workers against unsafe conditions. In JON’s career took him to the highest there was no tomorrow. And it didn’t his relatively short time in the Senate, levels in the business world. He was a take long for him to make his mark. Senator CORZINE has been one of our partner at Goldman Sachs at the age of Soon after coming to the Senate, most active Senators and he has had an 33. He was cochair and co-CEO of that Senator CORZINE played a critical role impact on a surprisingly broad range of investment banking giant at the age of in efforts to respond to widespread issues. 50. He started there fetching coffee for

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.057 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13731 his superiors. He came up not only of their great State. I look forward to for mandatory Federal standards to quickly but the right way. When he working with him for many years to protect our Nation’s chemical plants was first running, I remember reading come for the values that we share. and saw that become law. accounts in the New York Times about I yield the floor. When the entire corporate and finan- what kind of a CEO he was. He knew The PRESIDING OFFICER. The Sen- cial community was rocked by perva- the elevator operator’s name, and he ator from Alabama is recognized. sive accounting scandals, JON was in- would go to the mailroom and talk to Mr. SESSIONS. Mr. President, I want strumental in crafting extraordinary the workers there and try to provide fi- to share my thoughts about JON changes to accounting oversight that nancial assistance so that workers CORZINE. He had a great record at Gold- stabilized confidence in our markets could go on to earn a college degree. man Sachs. I didn’t really know he was when they were teetering. He recog- That is the same JON CORZINE I came a farm boy. That is something Senator nized that Americans were at risk, and to know in the Senate, a very caring DURBIN added to the mix. I think I had he worked tirelessly on their behalf, a and compassionate individual in so heard that but had forgotten it. He was legacy that will last well past his last many different ways. He would fight successful in the financial world in an day here in the Capitol. tooth and nail for things he believed in, extraordinary way. He was a marine. JON also brought to the Senate an ap- and he would also pick causes that Of course, every marine I have known preciation of open and accountable were not quite that popular and put all has been shaped by that, and I believe Government. He saw security and ac- of his energy and skill at work on them Senator Zell Miller wrote a book say- countability as going hand in hand, a as well. ing that everything he ever needed to way for citizens to know what their I can recall the terrible genocide in know he learned in the Marine Corps, chosen representatives are doing to en- Dafur and how he made that his issue. or something to that effect. sure the health and safety of their own Time and again, he came to the floor of JON CORZINE has been an active Mem- neighborhoods and communities. He the Senate to remind all of us about ber of the Senate. I remember the time recognized the need to balance the that tiny country on the other side of we spent together in Montgomery, AL, ever-changing need for security with the world and the people being op- on a civil rights trip. We were at the the everlasting principles of openness pressed there. That is JON CORZINE. church that Martin Luther King that make our democracy the strong- Time and again, he showed us that you preached in on Dexter Avenue, the Dex- est in the world. I was pleased to work could be both financially successful in ter Avenue Church. We had a discus- with him to protect the Freedom of In- life and not lose your bearings when it sion at that time about Rosa Parks, formation Act which the current ad- came to good moral conduct and good whom we have just honored and who ministration has sought to weaken at values. recently passed away. At that very every turn of the road. When I think about his heroes in life, site, Martin Luther King led the efforts As further testament to JON’s leadership and determination, he will cer- I share many of them. He used to talk of the bus boycott that ended the con- tainly be remembered for his work to about Paul Douglas, the first man I cept that a person must go to the back secure an end to the terrible genocide worked for in the Senate as a college of the bus because of the color of their that the world has witnessed in west- intern. Paul Douglas was from the Uni- skin. JON CORZINE didn’t have to go to ern Sudan. As the ranking member of versity of Chicago faculty, and he was Montgomery, but he was interested in the Foreign Operations Subcommittee, a person who inspired many of us, not those issues and he believed strongly in I can personally attest that JON repeat- only because he worked hard and did equality and civil rights. edly brought the reality of this terrible his best to speak for the common man, Senator CORZINE has been a strong tragedy to the attention of all of us. He but because he was all over the State advocate for the Democratic Party and knew that the solution would not be appreciating the variety of life you can its principles, heading its campaign Democratic or Republican. Instead, he find in Illinois. Then, of course, was his committee. We didn’t agree on those reached across the aisle, demanded a successor and protege, Paul Simon, issues, but he was always courteous call for action, and spoke eloquently whom I was honored to succeed in the and professional. I cannot remember a for those without a voice. Senate, also a friend of JON CORZINE’s. single harsh word that we have had. In I will miss my friend JON CORZINE So we had the Paul Douglas and Paul fact, I cannot remember him having a here in the Senate. I have enjoyed the Simon connection. And, of course, the harsh word with any other Senators. time we shared working together in admiration JON CORZINE had for them I have enjoyed the opportunity to this body. Marcelle and I wish him all said it all. know JON CORZINE and to gain respect the best as he moves on to the new and When I look back at these heroes of for him. I wish him every success as exciting challenges that await him in JON CORZINE, I realize that we have Governor of the important State of Trenton. His service to the American that much in common—our Illinois New Jersey. That will be a challenge, people in the United States Senate has roots and a lot more. We come from the but he has the gift and ability nec- been selfless. His departure is a loss for same place. We share many of the same essary to be successful in that job. the United States Senate but a great values. We fought on the same side of Mr. LEAHY. Mr. President, I rise gain for the citizens of New Jersey. many of the same battles. We share today to congratulate and bid farewell Mr. JOHNSON. Mr. President, I rise many of the same heroes. Like JON to my friend and colleague, JON today to pay tribute to my colleague, CORZINE, I admired Senators Douglas CORZINE. Senator JON CORZINE, who is leaving and Simon. I had the privilege to know Our world has changed quite dras- the Senate and will be sworn in as the and work with them. Paul Douglas tically since JON first joined the Sen- Governor of New Jersey on January 17, helped design Social Security. JON ate. It has been an honor to work with 2006. CORZINE helped to save it. Like Paul him on the many issues we were forced I have greatly appreciated working Douglas, JON CORZINE is a brave cham- to confront following the terrorist at- with Senator CORZINE during his time pion of civil rights, economic justice, tacks of September 11, 2001. We will in the Senate. We have served together and the environment. Like Paul Doug- miss JON’s leadership and determina- on the Banking, Housing and Urban Af- las, JON CORZINE is unafraid to speak tion on behalf of his constituents in fairs Committee, the Energy and Nat- his mind for the good of the country. New Jersey and the American people. ural Resources Committee, and the All in all, I am certain that Paul While JON has served in the Senate Budget Committee. His depth of knowl- Douglas and Paul Simon would approve for a relatively short period of time, he edge and experience will be missed on of the short, though important, Senate leaves an important legacy of leader- these committees, and in the Senate as career of JON CORZINE. They would ship on issues ranging from protecting a whole. thank him, as we all do, for fighting our homeland to crafting legislation While Senator CORZINE will be con- hard and well for people and values of that stabilized our financial markets. tinuing in public service, he has al- this great Nation. I will miss JON Rarely in this body does one Senator ready had a long and distinguished ca- CORZINE. The people of New Jersey see the enactment one of their first reer. After serving in the Marine Corps, have made a wise choice. He will be a bills introduced as a freshman Member. he received an MBA from the Univer- good, thoughtful, compassionate leader But JON did just that when he called sity of Chicago and began working in

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.058 S16DEPT1 S13732 CONGRESSIONAL RECORD — SENATE December 16, 2005 the private sector, rising to be the co- ernorship of New Jersey. He is going to I wish my colleague from New Jersey chief executive officer at Goldman bring exactly that combination of fair- the best of luck as he enters into this Sachs. He decided to enter public serv- ness, compassion, and brains, always new chapter in his public life. His pres- ice and was elected to the Senate in done in a kind of low-key, understated ence will be missed but his work on be- 2000 where he has worked tirelessly on way. I believe the people of New Jersey half of working Americans will not be behalf of the people of New Jersey. In will benefit as they have in his service forgotten. November, Senator CORZINE was elect- here in the U.S. Senate. Ms. MIKULSKI. Mr. President, I rise ed to be Governor of New Jersey and I We hope Governor CORZINE will come today to pay tribute to a great Senator am confident he will continue his out- to Oregon because he has expressed an and the Governor-elect of New Jersey, standing public service work in this interest in looking at some of our inno- JON CORZINE. While Senator CORZINE new position. vative approaches, particularly in the has only been in the Senate for 5 short I am very pleased that while he area of health care and the environ- years, he has made an indelible mark served in the Senate, Senator CORZINE ment. We wish him well and know he is on our Nation and on his Senate col- had the opportunity to visit my home going to have a very distinguished ca- leagues, myself included. I have had State of South Dakota in 2002 during reer as the new Governor of New Jer- the opportunity and pleasure of serving my re-election campaign. The trip gave sey. with Senator CORZINE on the Senate In- him the opportunity to experience the I yield the floor. telligence Committee, seeing firsthand Mr. PRYOR. Mr. President, I rise beauty and friendliness of South Da- his patriotism, his dedication to our today to pay tribute to the career of kota, and I know that those who met Nation, and his work ethic. my colleague Senator JON CORZINE of Senator CORZINE were very impressed Senator CORZINE has been an invalu- with him and pleased that he had vis- New Jersey. This institution has bene- able resource here in the Senate, espe- fited greatly from his presence, and the ited the State. cially as we confronted the corporate people of New Jersey can be proud that Once again, I would like to thank scandals of recent years. With his ex- such an energetic and compassionate Senator CORZINE for his extraordinary pertise as the former CEO and chairman will continue to serve them as service in the Senate and wish him the man of Goldman Sachs, we looked to their new Governor. very best on his new challenges and op- Senator CORZINE during the reform portunities as Governor of New Jersey. Senator CORZINE is a man that knows how to be successful, whether as a lead- process. He stepped up to the chal- Mr. WYDEN. Mr. President, I rise to lenge, helping push through sweeping say a word or two about our good er in the field of investment banking or changes in our Nation’s corporate gov- friend Senator CORZINE, who will be as a champion on behalf of the interest ernance. I know that he is proud of this leaving the Senate to assume the gov- of working families as a U.S. Senator. accomplishment, and our Nation is bet- ernorship of New Jersey. His commitment to public service is What I would like to do—because I commendable, and he has set a positive ter for his efforts. While Senators come to Washington have heard a lot about Senator CORZINE example for his fellow lawmakers when to represent their States, their actions and his background in Illinois today— it comes to establishing the right pri- have consequences for every American is to talk about when I saw him in ac- orities for Government. His philosophy citizen. America has been well served tion for the first time. It was when the is one of inclusion, which seeks to en- Senate was working on the post 9/11 sure that no American is left out of the by having JON CORZINE in the Senate airline relief legislation. A lot of us enterprise of this great Nation. and I know that the citizens of New were very troubled about how that I am particularly grateful for Sen- Jersey could not have chosen a better ought to be done. We were sympathetic ator CORZINE’s work on the Banking, man to serve as their Governor. He will to the needs of the airlines after 9/11 Housing and Urban Affairs Committee. bring not only his work ethic and intel- but concerned about the very large His was an early voice for revamping lect, but a unique blend of Government sums of money that were going to be the laws governing corporate account- and corporate experience to bear on the directed to one sector of our economy ing practices, long before the events of challenges facing New Jersey. when many of our important economic WorldCom and other accounting scan- I have been proud to call Senator sectors were hurt after 9/11; in that pe- dals destroyed the savings of thousands CORZINE my colleague, and I congratu- riod when our country suffered trag- of loyal employees and shareholders, late him on his election. I also want to ically in New York but where there tarnishing the reputation of corporate wish him luck on the new responsibil- were economic ramifications across the America. Before, during, and after the ities he takes on and the new chal- country. debates that produced the landmark lenges he will face. Senator CORZINE, That legislation would not have Sarbanes-Oxley corporate account- you will be missed. passed if Senator CORZINE, along with ability legislation, Senator CORZINE Mr. AKAKA. Mr. President, I rise to help from our former colleague, Sen- was there with the knowledge and en- join my colleagues in thanking the ator Fitzgerald, had not stepped in and ergy to provide much needed solutions gentleman from New Jersey, Senator figured out how to deal with the fi- to a serious problem. He has also cham- JON CORZINE, for his service to the peo- nancing in a responsible way that pro- pioned many other inventive policies ple of the Garden State and the rest of tected taxpayers while providing some to tackle our Nation’s problems, in- our country. My colleague and friend help to the airlines. Senator CORZINE cluding his ‘‘Kid’s Account’’ lifetime brought his extensive experience from took out a sharp pencil, using the ex- savings plan, his work to protect indi- corporate America to bear on the busi- pertise he had acquired in his years at viduals from identity theft, and his ini- ness that we conduct here, and our Goldman Sachs and throughout his tiatives to promote financial literacy country greatly benefitted from his ex- training in finance, and figured out for all Americans. pertise. how to make sure there was not a bail- In addition to finding creative solu- I enjoyed working with Senator out in effect for just one sector that tions to the financial problems that CORZINE during the time when I served would have taxpayers holding the bag our country faces, Senator CORZINE has on the Banking Committee. Under the and was sensitive to the needs of all also been a reliable defender of public leadership of Ranking Member SAR- concerned. education, affordable health care and BANES, we shored up corporate govern- I was struck, as I watched him deal prescription drugs, and support for our ance through the enactment of Sar- with that airline legislation, how in men and women in uniform. As a mem- banes-Oxley—the influence of which this individual a combination of com- ber of the Senate Budget Committee, has been felt in corporate boardrooms, passion, fairness, and intelligence he has championed the priorities of ev- and even nonprofit boardrooms, across worked in a very quiet and dignified eryday, working Americans time and America. way to bring together different parties, again. He consistently opposed the fis- The Senate and the Congress will es- different Senators who had widely di- cal policies that have led our Nation to pecially miss the dedication of our col- verse views, and tackled an issue of such a dangerous budget deficit, choos- league in the effort to promote eco- great importance. ing instead to vote for sound economic nomic and financial literacy. Senator I think that is exactly what he is and social policies that would keep CORZINE has been a stalwart in working going to do when he assumes the Gov- America strong and healthy. with me, and Senators SARBANES,

VerDate Aug 31 2005 02:03 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.033 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13733 STABENOW, ENZI, ALLEN, and others, to ties against terrorist attack, intro- mental acumen and commitment to bring to light the need to reverse eco- duced legislation to improve access to protecting our country. Following the nomic and financial illiteracy in our education and health care, fought for September 11 attacks, which took a country. stronger environmental policies, and heavy toll on his State, JON recognized Senator CORZINE has been an impor- lead the effort in Congress to crack the weakness of our system of chemical tant ally in supporting several of my down on corporate abuse. plant security. He seized that issue and initiatives in this area, including an- The Senate recently adopted Senator did not let go. In October, Congress fi- nual efforts to secure and increase CORZINE’s resolution declaring the need nally passed mandatory security refunding for the Excellence in Economic for new safeguards at the Nation’s vul- quirements at chemical plants based on Education Act for grades K through 12; nerable chemical plants. He also se- JON’s work. That this necessary im- efforts to work on college campuses cured Federal funding toward the con- provement in our security will be sub- through the College Literacy in Fi- struction of a second railroad tunnel stantially improved is due to his tenac- nance and Economics or LIFE Act, S. underneath the Hudson River, long ity. 468; and annual resolutions designating sought by New Jersey’s congressional On every issue, JON has been out- April as the month for highlighting the delegation, and won Federal support spoken in support of policies that ben- need for financial literacy. for a wide variety of community and efit working Americans. He has fought I have been a proud cosponsor of his economic development projects for universal health care, for expanded initiatives in this area, S. 923, S. 924, throughout the State of New Jersey. student aid, and for full funding for and S. 925. The TANF Financial Edu- On a more personal note, it has been education programs. JON has also been cation Promotion Act, S. 923, requires a great pleasure for me to work with a passionate voice for human rights a State to specify how it intends to es- such a gifted and dedicated public serv- around the world. Just last month, the tablish goals and take action to pro- ant. He has never hesitated to put the Senate approved the Darfur Peace and mote financial education among par- people of New Jersey and the people of Accountability Act, which JON spon- ents and caretakers receiving Tem- this Nation first. The people of New sored with Senator BROWNBACK, to help porary Assistance for Needy Families Jersey have made a wise choice in se- stop the genocide in the Sudan. assistance. The Education for Retire- lecting Senator CORZINE to be the chief During his short time in the Senate, ment Security Act, S. 924, authorizes executive of their great State. He will JON CORZINE has made a big impact. grants for financial education pro- take the same enthusiasm and profes- His is a unique voice that will be per- grams targeted toward mid-life and sionalism to the Governor’s mansion sonally missed. I join my colleagues in older Americans, including striving to that he has exhibited here in the Sen- saluting JON on his election as Gov- increase financial and retirement ate. ernor and in wishing him well in his knowledge and reduce individuals’ vul- I wish him well in his new respon- new position. nerability to financial abuse and fraud. sibilities. I know that he will be a ben- Mr. FEINGOLD. Mr. President, I am Finally, the Youth Financial Edu- efit to the people of his home State of proud today to join in honoring JON cation Act, S. 925, authorizes grants to New Jersey. We will miss his passion CORZINE and congratulating him on his and insight here in the Senate. But our State educational agencies for the de- outstanding service here in the Senate. loss will be the people of New Jersey’s velopment and integration of youth fi- I have had the pleasure of working nancial education programs for stu- gain. Farewell and Godspeed. Mr LEVIN. Mr. President, although with him for 5 years and have found dents in elementary and secondary him to be a tremendous ally on a num- schools, as well as a grant to establish we will miss him greatly in the Senate, I join my colleagues in congratulating ber of issues, as well as a great friend and operate a national clearinghouse and colleague. for instructional materials and infor- Senator JON CORZINE on his election as This Senate has benefited enor- mation regarding model financial edu- Governor of New Jersey. It has been a mously from his hard work and com- cation programs and best practices. pleasure to serve with JON on the Intel- It is clear that my colleague from ligence Committee and to work with mitment since he came to this body in New Jersey cares about giving people him on issues of corporate account- 2001. I have served with him on both access to additional tools that can help ability. He has been a strong and deter- the Foreign Relations and the Budget them make decisions about credit and mined leader here, and I know he will Committees, and I have seen him work debt management, spending and sav- continue to make the people of New diligently and effectively, with mem- ing, and essential choices in a world of Jersey proud in his new position. bers from both sides of the aisle, and limited resources, in addition to help- JON CORZINE has led a distinctly always in the best interests of the ing increase their financial acumen so American life. He grew up on a family American people. as to avoid being taken in by predatory farm. He served his country in the Ma- Senator CORZINE has led the effort to credit offers and unscrupulous mar- rine Corps Reserves. He had extraor- stop the ongoing violence in Darfur keting. I commend him for taking this dinary success in business as a self- with the bipartisan Darfur Peace and broad view, and wish him and his fam- made man. And he has continued to Accountability Act of 2005, of which I ily well as he goes on to lead the Gar- serve his country in public life, first as am a cosponsor. I applaud his efforts in den State as its Governor. a Senator and soon as a Governor. JON this area, as well as his work to reaf- Mrs. LINCOLN. Mr. President, today loves America and fights for what he firm support for the Convention on the I rise to pay tribute to my friend and believes is best for our people. Prevention and Punishment of the colleague Senator and now Governor- In the Senate, JON has used the fi- Crime of Genocide. This is a critically elect JON CORZINE. With his election to nancial expertise he gained at Goldman important legacy as the world faces the the Senate in 2000, JON CORZINE has Sachs to become a singularly credible tragedy in Sudan. There has never been been a source of wisdom and a great voice for corporate reform. He was a a more important time for the U.S. to friend to me and to many of my col- driving force on the landmark Sar- recommit itself to ending the crime of leagues. banes-Oxley legislation, which cracked genocide, and Senator CORZINE has JON CORZINE was elected to the Sen- down on corporate abuses such as those taken a lead role in that effort. ate after serving as cochairman and that led to the Enron and WorldCom We have also worked together on cochief executive officer of the invest- scandals. He has been a leader on issues of great concern to us both—ra- ment company Goldman Sachs. During strengthening oversight of the mutual cial profiling and the death penalty. On his time in the Senate, he has focused fund industry and on protecting the fi- both these issues, Senator CORZINE has on serving the State of New Jersey, ap- nancial privacy of Americans. JON has been a courageous voice for justice and plying his financial expertise to major also been at the forefront of promoting fairness. He has been steadfast in his economic and regulatory issues and financial literacy, so that Americans efforts to ban racial profiling, a prac- pushing a forward-looking, progressive can manage their personal finances tice that runs contrary to the funda- agenda. wisely. mental American value of equal treat- Senator CORZINE has pursued new Working with JON on the Intelligence ment under the law. And he has been safeguards to protect chemical facili- Committee, I have seen JON’s piercing just as dedicated in focusing attention

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.062 S16DEPT1 S13734 CONGRESSIONAL RECORD — SENATE December 16, 2005 on the glaring flaws in the administra- recruited to go to work for the New CORZINE for his service in the Senate. I tion of capital punishment, and in call- York investment firm Goldman Sachs wish him, his wife Carla Katz, his ing for a thorough, nationwide review as a bond trader, beginning what would daughter Jennifer, and his two sons, of the death penalty. be a meteoritic rise through the com- Josh and Jeffrey, nothing but the best Finally, I want to say that I am deep- pany’s ranks. After only 5 years, Mr. for the future, and I look forward to ly grateful for Senator CORZINE’s sup- CORZINE was named a partner in the seeing the fine things I know he will port for the amendments I offered dur- firm. In 1994, Mr. CORZINE became both continue to do for the people of New ing the Senate’s consideration of the the firm’s chairman and chief execu- Jersey, now as their Governor. Once PATRIOT Act in October of 2001. I was tive officer. Through hard work, Sen- again, thank you, JON CORZINE. proud to have his support that night, ator CORZINE rose from his family’s The PRESIDING OFFICER. The Sen- and I have been proud to work with farm in rural Illinois to being the chief ator from New Mexico. him as a cosponsor of the SAFE Act. I executive officer of a New York invest- Mr. BINGAMAN. Mr. President, I rise can’t think of a better time to thank ment firm. to speak briefly about our colleague him for his work to protect Americans’ But the story doesn’t end there for Senator JON CORZINE, congratulate him freedoms than today, in the midst of a Mr. CORZINE had a very successful ten- on his recent election as Governor of fight to make reasonable changes to ure at the helm of Goldman Sachs. New Jersey, and also thank him for his the PATRIOT Act. When he took over in 1994, the proud great contribution to the Senate and to JON CORZINE has earned the utmost and respected firm was in a period of the entire country during the time he admiration and respect during his time some decline. But Mr. CORZINE and his served here. in the Senate. I will miss him as a col- team turned the company’s fortunes JON came to the Senate from a very league and friend, but I am so glad that upwards. During his 5 years as chief ex- successful career on Wall Street. We he will continue to serve the people of ecutive, Mr. CORZINE also oversaw the are all aware of that. He came here for New Jersey with such dedication and firm’s successful transition from a pri- the best of reasons: his desire to make integrity. I have no doubt that he will vate partnership to a public company. a difference, to improve the situation While serving as chief executive, Mr. be an outstanding Governor, and that of average Americans in this country, CORZINE also demonstrated a passion he will continue to be a national leader to see that this country pursued an for public service. Under his leadership, on the issues to which he was so com- economic course that created oppor- Goldman Sachs was a strong corporate mitted in the Senate. tunity and jobs for the people he rep- citizen, expanding its community out- So today I join my colleagues in resented in New Jersey and throughout reach and philanthropic programs. Mr. thanking Senator CORZINE for his work this country. CORZINE also chaired a Presidential in this body. He is a great public serv- On economic issues, I think all of us commission that studied how capital ant and a good friend. I wish him all in the Senate came to believe—I cer- budgeting could be used to increase the best. tainly did—that no one was better able Federal investment in education. Mr. LIEBERMAN. Mr. President, it is It is this commitment to public serv- to read the tea leaves about what was my honor today to pay tribute and bid happening economically in this coun- ice that I saw JON CORZINE bring to his a fond farewell to my colleague and work in the Senate everyday. Elected try, what was happening in the various friend Senator JON S. CORZINE of New in 2000 by the people of New Jersey, economic statistics which come out Jersey. Senator CORZINE as we know each week, than JON CORZINE. He could Senator CORZINE has been a tireless ad- will be leaving the Senate next month vocate for corporate accountability, understand the economic circumstance to serve as New Jersey’s Governor, and helping co-author the Sarbanes-Oxley we continue to struggle with in this before he leaves us to begin what I can Act, and has worked to protect our en- country and the impact it is having on only be certain will be a wildly suc- vironment, where he has been a stead- the lives of average Americans. cessful and innovative tenure as New fast ally in the fights to prevent drill- While he has been here, he has dem- Jersey’s chief executive, I thought it ing in the Arctic National Wildlife Ref- onstrated a passion for fairness to all appropriate to take the time to cele- uge and to tackle climate change. On in our society. He has not been a rep- brate not only Mr. CORZINE’s fine serv- the international front, Senator resentative of Wall Street. He has been ice in the Senate but his inspiring life CORZINE has sponsored the Darfur Ac- a representative of the great mass of story as well. countability Act, an act I am proud to the American people. He has looked to In many ways, JON CORZINE’s life is cosponsor, which seeks to address the raise the standard of living of all an example of the American dream ful- terrible genocide currently occurring Americans and lift all boats. We all filled. Mr. CORZINE was born on New in the Darfur region of Sudan. owe him a debt of gratitude for that Year’s Day, 1947, and grew up on his What I will remember most about passion he has brought to this job. family’s farm in Willey’s Station, IL. Senator CORZINE’s tenure is his com- I serve as the ranking Democrat on His father ran the farm and sold insur- mitment to strengthening our Nation’s the Senate Energy and Natural Re- ance; his mother was a public school homeland security. Having worked sources Committee. We have been very teacher. Through his own hard work with Senator CORZINE on several home- fortunate that JON has served on that and that of his family, Mr. CORZINE at- land security issues, I know firsthand committee as well. He has been an ac- tended the University of Illinois at Ur- that he was determined to do every- tive participant in the writing of en- bana-Champaign, where he graduated thing in his power to protect the Amer- ergy legislation, which we passed ear- Phi Beta Kappa in 1969. After grad- ican people from another terrorist at- lier this year. He made a great con- uating college, Mr. CORZINE served his tack. Senator CORZINE and I worked to- tribution in that legislation. In short, country by enlisting in the U.S. Marine gether in passing legislation that cre- JON has had a very distinguished career Corps Reserves, and he continued in ated the 9/11 Commission, whose serv- in the Senate. I am confident he will the Reserves until 1975, rising to the ice to the American people we are all have a very distinguished career as rank of sergeant in his infantry unit. well aware of. In addition, Senator Governor of New Jersey and will have a After Senator CORZINE’s Active Duty CORZINE has been a leader in legislative very long and successful career in pub- was up, he began what would become a efforts to increase security at our Na- lic life. long and successful career in the fi- tion’s chemical plants, which remain Again I congratulate him on his vic- nance sector. His first job was with the vulnerable to attack. Senator CORZINE tory. I thank him for his service and Continental Illinois National Bank in crafted strong legislation aimed at pro- his friendship, and I look forward to Chicago, where he worked as a port- tecting these facilities, and I remain opportunities to work with him again folio analyst. At the same time, Mr. hopeful that Congress will act on this in his new capacity as Governor of New CORZINE began taking night classes at area of great vulnerability. I will con- Jersey. the University of Chicago’s Graduate tinue to be inspired by the dedication I yield the floor. School of Business, where he received Senator CORZINE applied to this crit- Mrs. CLINTON. Mr. President, I wish his MBA in 1973. ical issue. to take this opportunity to say fare- In 1975, after working briefly at a re- Let me end my statement, Mr. Presi- well to the distinguished Senator from gional bank in Ohio, Mr. CORZINE was dent, by taking the time to thank JON New Jersey, Mr. JON S. CORZINE. In

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.038 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13735 January, he will resign his seat, bound Finally, Senator CORZINE served New posite ends of the political spectrum. for greener pastures. While he will be Jersey and his constituents with com- But I have learned an important les- missed tremendously in this Chamber, passion and dedication in the days, son: these issues are sufficiently urgent I know that, as Governor, he will serve weeks, months, and years following the that ideological and partisan dif- the people of New Jersey well. attacks on September 11, 2001. New Jer- ferences should not be allowed to im- Senator CORZINE and I were elected sey and New York shared in so much pede cooperation, especially where to the Senate in the same year, and I grief and loss that day, and Senator lives and basic freedoms are at stake. have since been glad to have his friend- CORZINE was tireless in his commit- And such has been true in the case of ship and advice. I would also like to ment to the citizens of New Jersey who Darfur. I have no doubt that Senator say, how fortunate New Jersey has bore the burden of that loss. CORZINE’s commitment and persever- been to be represented by Senator In the years since, he has remained ance to raise this issue to the highest CORZINE. I am proud of the work that steadfast in fighting for the families of levels has made a difference to the peo- we did together in the time we shared 9/11 and fighting to strengthen our Na- ple of Darfur. I also saw firsthand his in the Senate and am sad to see him tion to prevent future acts of ter- sincere compassion and commitment go. rorism. His hard work to secure our to the suffering of the world when we Along with his dedication to building Nation’s vulnerable chemical facilities traveled to tsunami-ravaged South a practical, progressive Government, serves as a noteworthy example. I was Asia together earlier this year. Senator CORZINE always brought a proud to cosponsor his legislation to I will always consider Senator fresh and original perspective to this safeguard our Nation’s chemical CORZINE an ally and a friend on one of body. His previous career as cochair- plants, the Chemical Security Act, and the greatest moral issues in foreign man and CEO at Goldman Sachs al- share in his commitment to doing all policy today. In his absence, I will look lowed him the benefit of invaluable ex- we can to strengthen America’s home- to my other colleagues to ensure that perience in helping to solve the prob- land security. this crisis is not easily forgotten. lems that face our economy and our fi- I would also acknowledge Senator As we close out 2005, I urge my col- nancial sector. His combination of CORZINE’s tenure at the Democratic leagues to secure additional funding for principle and practice, are, more than Senatorial Campaign Committee. In the African Union in the Defense Ap- anything, what the Senate will sorely his leadership at the DSCC and propriations conference and I urge my miss. throughout his time in office, Senator colleagues in the House to pass the Consider Senator CORZINE’s role in CORZINE served with honesty, integrity, Darfur Peace and Accountability Act. crafting the Sarbanes-Oxley Act of and a passion for improving the lives of Without continued action by the 2002. His work on this bipartisan legis- all Americans. United States and the international lation helped produce reforms that, in JON CORZINE’s absence will long be community, more lives will be lost. the wake of corporate abuse scandals, felt in the Senate, as will his good I would like to take this opportunity restored confidence in the markets, work. He brought his expertise and val- to formally and publicly thank Senator protected shareholders, and ensured ues to bear on the challenges facing CORZINE for his partnership and his that additional and more impartial our economy, our security, and our commitment to the people of Darfur. I oversight would act to prevent the country. express my very best wishes as he damage to our economy that might To the great benefit of the citizens of leaves this body to become the next flow from unchecked corporate malfea- New Jersey, JON CORZINE—while retir- Governor of New Jersey. sance. Senator CORZINE stood by his ing from the Senate will bring his val- The PRESIDING OFFICER. The Sen- principles, worked with Democrats and ues, his expertise, his passion, and his ator from California is recognized. Republicans, and used his expertise to dedication with him to the Governor- Mrs. FEINSTEIN. Mr. President, I help craft legislation to promote eth- ship of the Garden State. The citizens believe I am to be recognized by unani- ics, accountability, and economic of New Jersey will no doubt continue mous consent directly following the growth. to be fortunate to have JON CORZINE in tributes to Senator CORZINE. I would We can also look to Senator their corner. like to give my heartfelt thanks to the CORZINE’s efforts to end the crisis rav- Mr. BROWNBACK. Mr. President, as Senator from New Jersey. He has been aging Darfur, Sudan. I was proud to co- Senator CORZINE spends his final days sponsor the legislation by Senator representing the people of New Jersey indeed a good Senator. His tenure here has distinguished him. That is clearly CORZINE and Senator SAM BROWNBACK in the Senate, I wish to spend a few to expand aid to the African Union and moments speaking about his commit- recognized by people of New Jersey. I provide a framework for tackling the ment to human rights and the pressing believe he is going to be a great Gov- ongoing violence. We can all be proud crisis of genocide in Darfur, Sudan. ernor for that great State. that Senator CORZINE was able to help I have worked on the issue of war and Mr. SARBANES. Will the Senator usher the Darfur Peace and Account- humanitarian disaster in Sudan for yield me 30 seconds? ability Act through the Senate. His several years. But nearly 2 years ago, Mrs. FEINSTEIN. Certainly. dedication to the issue and commit- as the Comprehensive Peace Agree- Mr. SARBANES. I thank the very ment to stopping the genocide is admi- ment for Sudan was in its final nego- able Senator from California for her rable, to say the least. Senator CORZINE tiations, we became aware of the un- yielding to allow these tributes to be has stood by his values, and worked folding crisis in Sudan’s western region paid to Senator CORZINE. I know she hard to see those values reflected in of Darfur. It was Senator CORZINE who has been here quite a while waiting to the work of the Senate, the Congress, came to me to work together and speak on another issue. It was ex- and the Nation. champion this issue. We joined each tremely gracious of her to do that. I Recently, I joined Senator CORZINE in other on the Senate floor in countless wanted to recognize that and thank her introducing legislation to help the vic- speeches showing photos of the anguish very much. tims of sexual assault receive the med- in Darfur. We joined each other in see- Mr. CORZINE. Will the Senator yield ical treatment they need and deserve. ing the Darfur Peace and Account- for my last word? Senator CORZINE believes as I do that ability Act through the Senate. We Mrs. FEINSTEIN. I certainly will. we have a duty to these women; a joined each other to secure funding for Mr. CORZINE. I am appreciative of woman who has already suffered so the security and humanitarian needs of the Senator’s gracious and kind words much should not have to worry about the people. as well. I follow with great interest her whether she will be offered emergency I have had the opportunity to work views and visions on a lot of major contraception to prevent an unwanted with many Members across party lines issues of the day. I know she is going pregnancy. Senator CORZINE’s passion on human rights and humanitarian to speak on one of the more important for protecting and improving access to issues. I remember partnering with ones in a few minutes. I am particu- health care and medical treatment, and Paul Wellstone on the Trafficking Vic- larly appreciative of her kindness. to protecting the rights of patients, is tims’ Protection Act. Some called us The PRESIDING OFFICER. The Sen- truly exemplary. strange bedfellows since we were at op- ator from California is recognized.

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.074 S16DEPT1 S13736 CONGRESSIONAL RECORD — SENATE December 16, 2005 THE PATRIOT ACT fully and currently informed of all intel- of war. I read it this morning carefully. Mrs. FEINSTEIN. Mr. President, I ligence activities other than a covert action It does not authorize the President of (as defined in section 503(e)), which are not the United States to do anything other rise today as a 12-year member of the the responsibility of, are engaged in by, or Senate Judiciary Committee and a 5- are carried out for or on behalf of any de- than use force. It doesn’t say he can year member of the Senate Intelligence partment, agency, or entity of the United wiretap people in the United States of Committee. I do so indeed with a very States Government, including any signifi- America. And apparently, perhaps with heavy heart. I have had, until now, cant anticipated intelligence activity and some change, but apparently this ac- great confidence in America’s intel- any significant intelligence failure. tivity has been going on unbeknownst ligence activities. I have assured peo- And (2) furnish the congressional intel- to most of us in this body and in the ligence committees any information or ma- other body now since 2002. ple time and time again that what hap- terial concerning intelligence activities, pens at home has always been con- other than covert actions, which is within The newspaper, the New York Times, ducted in accordance with the law. their custody or control, and which is re- states that the President unilaterally I played a role in the PATRIOT Act. quested by either of the congressional intel- decided to ignore this law and ordered I moved one of the critical amend- ligence committees in order to carry out its subordinates to monitor communica- ments having to do with the wall and authorized responsibilities. tions outside of this legal authority. the FISA court. Today’s allegations as At that time, we had this discussion In the absence of authority under written in the New York Times really about just the chairman and the vice FISA, Americans up till this point question whether this is in fact true. I chairman receiving certain informa- have been confident—and we have as- read it with a heavy heart, yet without tion, and this act was amended, and sured them—that such surveillance was knowing the full story. section (b) was added to the National prohibited. Let me be clear. Domestic intel- Security Act, called ‘‘form and con- This is made explicit in chapter 119 of ligence collection is governed by the tents of certain reports.’’ It was to title 18 of the criminal code which Foreign Intelligence Surveillance Act, clarify what the form and content of makes it a crime for any person with- known as FISA. This law sets out a the reporting to the committee would out authorization to intentionally careful set of checks and balances that be. And the wording is as follows: intercept any wire, oral, or electronic are designed to ensure that domestic Any report relating to a significant antici- communication. intelligence collection is conducted in pated intelligence activity or a significant As a member of the Senate Judiciary accordance with the Constitution, intelligence failure that is submitted to the and Intelligence Committees, I have under the supervision of judges and congressional intelligence committees for been repeatedly assured by this admin- with accountability to the Congress of the purposes of subsection (a)(1) shall be in writing and shall contain the following: istration that their efforts to combat the United States. (1) a concise statement of any fact perti- terrorism were being conducted within Specifically, FISA allows the Gov- nent to such report; the law, specifically within the param- ernment to wiretap phones or to open (2) an explanation of the significance of the eters of the Foreign Intelligence Sur- packages, but only with a showing to a intelligence activity or intelligence failure veillance Act which, as I have just special court—the FISA court—and covered by such report. read, makes no exception other than 15 after meeting a legal standard that re- And then section (c) was added, days following a declaration of war. quires that the effort is based on prob- ‘‘standards and procedures for certain We have changed aspects of that law able cause to believe the target is an reports,’’ that those standards and pro- at the request of the administration in agent of a foreign power. cedures would hereby be established. the USA PATRIOT Act to allow for a Let me cite two sources. The first is What has happened is that it has be- more aggressive but still lawful defense a 1978 report by the Senate Select Com- come increasingly used just to notify a against terror. So there have been mittee on Intelligence. In the report is very few people. There are 535 Members amendments. But if this article is ac- a comment by the then-chairman of of the Senate and the House of Rep- curate, it calls into question the integ- that committee, Senator Birch Bayh. resentatives of the United States. rity and credibility of our Nation’s He is talking about the FISA bill that If the President of the United States commitment to the rule of law. had just come to the floor in 1978: is not going to follow the law and he simply alerts eight Members, that I refreshed myself this morning on The bill requires a court order for elec- the fourth amendment to the Bill of tronic surveillance, defined therein, con- doesn’t mean he doesn’t violate a law. ducted for foreign intelligence purposes I repeat, that doesn’t mean he doesn’t Rights of the Constitution of the within the United States or targeted against violate a law. FISA is the exclusive law United States. Here is what it says: the international communications of par- in this area, unless there is something The right of the people to be secure in ticular United States persons who are in the I missed, and please, someone, if there their persons, houses, papers, and effects, United States. The bill establishes the exclu- is, bring it to my attention. against unreasonable search and seizures, sive means by which such surveillance may Section 105(f) of FISA allows for shall not be violated, and no Warrants shall be conducted. issue, but upon probable cause, supported by emergency applications where time is That is the bill, FISA, which was Oath or affirmation, and particularly de- of the essence. But even in these cases, scribing the place to be searched, and the passed in 1978. a judge makes the final decision as to Second, in late 2001 this subject came persons or things to be seized. whether someone inside the United up again on the Senate Intelligence Clearly an intercept, a wiretap, is a States of America, a citizen or a non- Committee. The Senate Intelligence search. It is a common interpretation. citizen, is going to have their commu- Committee discussed this subject and A wiretap is a search. You are looking nications wiretapped or intercepted. amended at that time in its authoriza- for something. It is a search. It falls The New York Times reports that in tion bill National Security Act section under the fourth amendment. 2004, over 1,700 warrants for this kind of 502, which is the reporting of intel- Again, the New York Times states wiretapping activity were approved by ligence activities other than covert ac- that a small number of Senators, as I the FISA Court. The fact of the matter tion. said, were informed of this decision by is, FISA can grant emergency approval Section 502 states: the President. That doesn’t diminish for wiretaps within hours and even To the extent consistent with due regard the import of this issue, and that cer- for the protection from unauthorized disclo- minutes, if necessary. tainly doesn’t mean that the action In times of war, FISA section 111 sure of classified information relating to was within the law or legal. states this: sensitive intelligence sources and methods What is concerning me, as a member or other exceptionally sensitive matters, the Notwithstanding any other law, the Presi- of the Intelligence Committee, is if Director of Central Intelligence and the dent, through the Attorney General, may au- heads of all departments, agencies, and other thorize electronic surveillance without a eight people, rather than 535 people, entities of the United States Government in- court order under this title to acquire for- can know there is going to be an illegal volved in intelligence activities shall: eign intelligence information for a period act and they were told this under an (1) keep the congressional intelligence not to exceed 15 calendar days following a intelligence umbrella—and therefore, committees— declaration of war by the Congress. their lips are sealed—does that make It doesn’t say only the chairman and I would argue the resolution author- the act any less culpable? I don’t think the vice chairman— izing use of force was not a declaration so.

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.063 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13737 The resolution passed after Sep- the President is not going to be bound not going to run again. I am sorry tember 11 gave the President specific by the law, which is the FISA court? about that. He is one of the immortal authority to use force, including pow- And there are no exceptions to the 23 Senators who voted against that res- ers to prevent further terrorist acts in FISA court. olution that the Senator from Cali- the form of force. I would like to read So Senator SPECTER, this morning, as fornia is talking about. I voted against it. I read Public Law 107–40, 107th Con- the chairman of the Judiciary Com- it. I have been in the Senate for 47 gress: mittee, announced that he would hold years, and that is the vote of which I Sec. 1. Short title. hearings on this matter the first thing am most proud because in voting that This joint resolution may be cited as the next year. I truly believe this is the way, I stood for this, the Constitution ‘‘Authorization for Use of Military Force’’. most significant thing I have heard in of the United States. That Constitu- Sec. 2. Authorization for Use of United my 12 years. I am so proud of this Gov- tion does not give any President the States Armed Forces. ernment because we are governed by power to declare war. It says Congress (A) In General.—That the President is au- the rule of law, and so few countries shall have the power to declare war. I thorized to use all necessary and appropriate can really claim that. I am so proud force against those nations, organizations, or voted against that resolution, the best persons he determines planned, authorized, that nobody can be picked up in the vote I have cast in 47 years in this Sen- committed, or aided the terrorist attacks middle of the night and thrown into ate, and I am proud that the Senator that occurred on September 11, 2001, or har- jail without due process, and that they from Minnesota can carry that tribute bored such organizations or persons, in order have due process. That is what makes with him to the grave. I thank him and to prevent any future acts of international us different. That is why our Govern- congratulate him. Again, I thank him terrorism against the United States by such ment is so special, and that is why this for yielding to me. nations, organizations, or persons. Constitution is so special. That is why Mr. President, I believe in America. Then it goes on to say: the fourth amendment was added to Let me say that again. I believe in Consistent with section 8(a)(1) of the War the Bill of Rights—to state clearly that America. I believe in the dream of the Powers Resolution, the Congress declares searches and seizures must be carried Founders and Framers of our inspiring that this section is intended to constitute out under the parameter of law, not on Constitution. I believe in the spirit specific statutory authorization within the the direction of a President unilater- that drove President Abraham Lincoln meaning of section 5(b) of the War Powers ally. to risk all to preserve the Union. I be- Resolution. So I believe the door has been opened lieve in what President Kennedy chal- This is use of force. It is not use of to a very major investigation and set lenged America to be—America, the wiretapping or electronic surveillance of circumstances. I think people who great experiment of democracy. of American citizens or those without know me in this body know I am not Where the strong are also just and citizenship within the confines of the led toward hyperbole, but I cannot the weak can feel secure, the soul and United States. That is the jurisdiction stress what happened when I read this promise of America stands as a beacon, of the FISA Court. There is a proce- story. And everything I hold dear praise God, of freedom and a protector dure, and it is timely. about this country, everything I pledge of liberty which lights and energizes As a matter of fact, we got into this my allegiance to in that flag, is this the people around the world. Today, rather seriously in the Judiciary Com- kind of protection as provided by the sadly, that beacon is dimmed. This ad- mittee. At the time we wrote the PA- Constitution of the United States and ministration’s America is becoming a TRIOT Act, I offered an amendment to the laws we labor to discuss, argue, de- place where the strong are arrogant change what is called ‘‘the wall’’ be- bate, enact, then pressure the other and the weak are ignored. Fie on the tween domestic intelligence-gathering body to pass, and then urge the Presi- administration. agencies and foreign intelligence-gath- dent to sign. That is our process. Yes, we hear high-flung language ering agencies from a ‘‘primary pur- If the President wanted this author- from the White House about bringing pose’’ for the collection of foreign in- ity, he should have come to the Intel- democracy to a land where democracy telligence to a ‘‘significant purpose.’’ ligence Committee for an amendment has never been. We seem mesmerized We had a major discussion in the com- to FISA, and he did not. The fact that with glorious rhetoric about justice mittee, as is the American way. We this has been going on since 2002—it is and liberty, but does the rhetoric real- were making public policy. We dis- now the end of 2005. Maybe 8 people in ly match the reality of what our coun- cussed what primary purpose meant. these 2 bodies in some way, shape, or try has become? We discussed in legal terms what sig- form may have known something about Since the heinous attacks of Sep- nificant purpose meant. it, but the rest of us on the Intelligence tember 11, I speak of the actions of our So this was a conscious loosening of Committees did not. own Government, actions that have un- a standard in the FISA law to permit That is simply unacceptable. dermined the credibility of this great the communication of one element of I yield the floor. Nation around the world. These actions Government with the other and trans- The PRESIDING OFFICER. The Sen- taken one at a time may seem justi- fer foreign intelligence information ator from Minnesota. fied, but taken as a whole they form an from one element of the Government to Mr. DAYTON. Mr. President, I thank unsettling picture and tell a troubling the other. the Senator from California for her re- story. Do we remember the abuses at That is the way this is done, by law. marks and associate myself with them. Abu Ghraib? They were explained as an We are a government of law. The Con- I commend her for taking on this vital aberration. Do we remember the abuses gress was never asked to give the issue affecting all Americans. at Guantanamo Bay? They were denied President the kind of unilateral au- I ask unanimous consent that the as an exaggeration. Now we read about thority that appears to have been exer- previous order be modified to permit this so-called policy of rendition—what cised. Senator BYRD to precede me in speak- a shame—a policy where the U.S. tax- Mr. BYRD. Right. ing order. payers are funding secret prisons in Mrs. FEINSTEIN. I was heartened The PRESIDING OFFICER. Without foreign lands. What a word, ‘‘ren- when Senator SPECTER also said that objection, it is so ordered. dition.’’ What a word, ‘‘rendition.’’ he believed that if the New York Times The Senator from West Virginia. Shame. It sounds so vague, almost report is true—and the fact that they Mr. BYRD. Mr. President, I thank harmless. But the practice of rendition have withheld the story for a year the very distinguished Senator from is abhorrent. leads me to believe it is true, and I Minnesota for his kindness and his Let me say that again. It sounds so have heard no denunciation of it by the courtesy in yielding to me. I want to vague, almost harmless, but the prac- administration—then it is inappro- say there is one thing I am sorry about tice of rendition is abhorrent—abhor- priate, it is a violation of the law. with respect to the Senator from Min- rent. How can I go out, how can any Mem- nesota. He made a bad decision some The administration’s practice of ren- ber of this body go out, and say that time ago. I wish he had not made it, dition is an affront, an affront to the under the PATRIOT Act we protect the and I begged him to retract on it and principles of freedom, the very opposite rights of American citizens if, in fact, say he would not do it. He says he is of principles we claim we are trying to

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.064 S16DEPT1 S13738 CONGRESSIONAL RECORD — SENATE December 16, 2005 transplant to Iraq and to other rogue Suppose I want to get a book out of amok with its agenda. These checks nations. the library. Suppose I want to read are what safeguards freedom for you, The administration claims that ren- ‘‘Loves Labors Lost.’’ The disclaimer Mr. President, and for me and for all dition is a valuable weapon in the war that the world has changed and that others in this land. These checks are on terror. But what is the value of hav- the 9/11 attacks are in effect a green what safeguard freedom, and the Amer- ing America’s CIA sit as judge and jury light to trash the Constitution, to seize ican people are looking to us—yes, while deciding just who might be a private library records—suppose I want they are looking through those lenses threat to our national security? Such to read about ‘‘A Tale of Two Cities.’’ there, they are looking at us, yes. The determinations receive no review by a They are going to seize those library people out on the broad prairies, out on court of law—none. The CIA simply records? To search private property— the plains, out in the valleys, out on swings into action, abducts a person how about that—without the knowl- the great shores, the frozen wastes of from some foreign country and flies edge of the owner? If you want to go in the North Pole, and, yes, that liberty them off to who knows where, with no my house without my knowledge, with- extends everywhere. That American judicial review of guilt or innocence. A out my wife’s knowledge, to spy on or- liberty extends everywhere. And no- person can be held in secret prisons in dinary citizens accused of no crime in a body may run amok with its agenda. unnamed countries or even shipped off manner is a sick—a sick, s-i-c-k, per- These checks are what safeguard to yet another country to face torture version of our system of justice and it freedom, and the American people are at the hands of the secret police of bru- must not be allowed. looking to us—you, and me, Senator, tal governments. Paranoia must not be allowed to chip you, Senator, and you, Mr. President— Is that what we want? Is this the away at our civil liberties. Don’t let it looking to us now to restore and pro- America that our Founders conceived? happen. The United States of America tect that freedom. Is this the America that Nathan Hale must not adopt the thuggish tactics of So many have died protecting those died for, when he said I only regret our enemies—no. We must not trash freedoms. And we owe it to those brave that I have but one life to lose for my the fourth amendment because the men and women to deliberate meaning- country? Is this the America that he Senate is being stampeded at the end of fully and to ultimately protect those died for? Is this the America that our a congressional session. No. freedoms that Americans cherish so Founders conceived? Is this the Amer- Government fishing expeditions with deeply. The American people deserve ica of which millions of people search warrants written by FBI agents nothing less. dreamed? Is this, I ask the Senate, the is not what the Framers had in mind. Earlier today, the Senate voted to beacon of freedom inspiring other na- It is not what Benjamin Franklin had stop a bill that would have allowed the tions to follow? in mind. It is not what Morris had in abuses of American civil liberties to The United States should state clear- continue for another 4 years. Shame. ly and without question that we will mind. It is not what James Wilson had in mind. Spying on ordinary, un- The message of this vote is not just not torture prisoners and that we will about the PATRIOT Act but the mes- abide by the treaties that we signed, suspecting citizens—not with that in mind. Without their knowledge? No. sage that the Senate can stand up, the because to fail to do so is to lose the Senate can stand against an over- very humanity, the morality that That is not what the Framers had in mind. Handing the Government unilat- reaching Executive of any party, any makes America different, that makes party, any party that has sacrificed our America the hope for individual liberty eral authority to keep all evidence secret from a target so that it may never liberties and stained our standing be- around the world. fore the world. The disgusting, degrading, and dam- be challenged in a court of law is not what the Framers had in mind. The PATRIOT Act has gone too far. aging practice of rendition should It has gone too far. Secret renditions cease immediately. Is this what Pat- Yesterday, I believe it was, we heard reports that the military has spied on should be stopped. Torture must be rick Henry was talking about—give me outlawed. Our military should not spy liberty or give me death? It is not Americans simply because they exercised their right to peaceably assemble on our own people. about who they are. ‘‘It’s not about The Senate has spoken. Let us secure and to speak their minds. What dis- who they are. It’s about who we are.’’ our country but not by destroying our grace. What a shame. Today we hear, Those are the words of my colleague liberties. yes, we hear today that the military is Senator JOHN MCCAIN, bless his heart. Thank Almighty God for this Con- tapping phone lines in our own country Senator MCCAIN is a senior member of stitution and the Framers who wrote without the consent of a judge. Can the Senate Armed Services Committee. it, and the Founders of our Nation who you believe that? Here in this country, He is a former prisoner of war. He risked their lives and their fortunes where liberty is supposed to prevail. knows what it is all about. And he is and their sacred honor. Thank God for Go and ask that Statue of Liberty. Is exactly right. There is no moral high checks and balances. Thank God for that what it stands for? ground in torture. There is no moral the Senate, and may it always stand high ground in the inhumane treat- No. Labeling civil disobedience and political dissent as domestic terrorism for the right. ment of prisoners. Our misguided, I thank all Senators. I again thank thuggish practice of rendition has put is not what the Framers had in mind. Read history. What is the matter the distinguished Senator from Min- a major blot on American foreign pol- nesota. I want to tell him that I wish icy. with us? Have we gone berserk? Read history. That is not what they had in he and his family and loved ones a Now comes this similarly alarming merry Christmas, a merry Christmas. I effort to reauthorize the PATRIOT mind. Our Nation is the most powerful na- thank him. Act, retaining provisions that dev- The PRESIDING OFFICER (Mr. tion in the world. Why? Because our astate many of our own citizens’ civil BURR). Under the previous order, the Nation was founded on a principle of liberties here at home. What is hap- Senator from Minnesota is recognized. liberty. Benjamin Franklin said ‘‘those pening? What is happening to our cher- Mr. MCCAIN. Mr. President, par- ished America? Let us stop and look who would give up essential Liberty, to liamentary inquiry: What is the order? and listen and think. What is hap- purchase a little temporary Safety, de- The PRESIDING OFFICER. The Sen- pening to our cherished America? serve neither Liberty nor Safety.’’ Our ator is notified that there is no order Any question raised about the wis- Founding Fathers, intent on addressing after the Senator from Minnesota. dom of shredding constitutional pro- the abuses they had suffered at the Mr. MCCAIN. I ask my friend to in- tections of civil liberties with roots hands of an overzealous government, dulge me. I ask unanimous consent I that trail back centuries is met with established—yes, it did—established a follow the Senator from Minnesota. the disclaimer that the world has system of checks and balances, ensur- The PRESIDING OFFICER. Is there changed and that the 9/11 attacks are, ing that there is a separation of pow- objection? Without objection, it is so in effect, a green light. Get that, a ers—there is a separation of powers. ordered. green light to trash this Constitution, Read it in the Constitution, article I, Mr. MCCAIN. I thank the Chair. to seize private library records. Hear article II, article III—a separation of The PRESIDING OFFICER. The Sen- that. powers so that no one body may run ator from Minnesota.

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.066 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13739 Mr. DAYTON. Mr. President, I want oner of war, a Navy pilot shot down vidual American citizens, those in to associate myself with the remarks over Vietnam, he was a victim of tor- America, by major agencies such as the made by the great Senator from West ture. No one else in this Chamber, for- National Security Agency. This all Virginia, and he is a great Senator. His tunately, can speak to it as he spoke to started some 30 years ago during Presi- 47 years of experience here and wisdom it. But in speaking to it, he reminded dent Nixon’s administration. It was an have made him an invaluable Member us that torture is not American. It is administration which created an en- of this body, a leader of this body, an not a good means of interrogating pris- emies list. If your name was on that invaluable mentor to newcomers such oners or coming up with information to list, be careful; J. Edgar Hoover would as myself, and his fidelity to the Con- make America safer. There was a be looking into every aspect of your stitution, his understanding of history, lengthy debate about whether his pro- life that he could. You might be au- his understanding of the appropriate vision would be included in the final dited by the Internal Revenue Service relationship of this body, as an inde- legislation. Fortunately, the White and you would be carefully watched pendent branch of Government, with House has agreed to include it. and monitored. the executive branch has been patri- I was happy to cosponsor that legis- We decided that wasn’t a good thing otic, courageous, and right. lation. I have been raising this issue for any President to do. We made it I thank him for his remarks and for for the last several years. I know how clear that if you had good reason to his kind words. controversial it can be. A few months eavesdrop on an American in the com- I also want to share the outrage that ago I had the spotlight focused on me mission of a crime, involvement in ter- he expressed, and the previous speaker, for some comments made at this same rorist activity, that was one thing. But the distinguished Senator from Cali- desk. But I believe that the issue of to say you could do it with impunity, fornia expressed, about these disclo- torture is one that we have to face without any legal approval, that was sures. Yet another one today, reading forthrightly. unacceptable. in the New York Times about the se- Last week I was traveling in north- Now we find it has been done for sev- cret spying on American citizens by ern Africa and visited with one of our eral years and several thousand Ameri- the National Security Agency, in con- ambassadors. He is an ambassador to cans have been the subject of this wire- travention of law and in contravention one of the Muslim nations. We talked tapping and eavesdropping. of previous policy under Presidents, about the challenges he faces with our Mr. President, that is a troubling de- Republican and Democrat. involvement in Iraq. He said: The con- velopment. It says that this adminis- That, on top of the revelations about troversy about our involvement in Iraq tration has decided when it comes to secret torture camps being conducted, paled in comparison to the controversy basic rights of Americans, they are again extra-illegally, by this adminis- in his country about America’s role above the law, not accountable; they tration, to the detriment of the great when it came to torture. He said: It is don’t have to go through the courts, name of the United States of America. hard for the Muslim population and don’t have to follow the ordinary judi- I see that the outstanding Senator Arab populations to understand why cial process. That is something that from Arizona is on the floor and will the United States would abandon a Congress has to stand up and fight. We follow me with his remarks. To his long-term, multidecade commitment have to make it clear that even in the enormous credit, he has been the cham- not to engage in torture once they age of terrorism, basic freedoms and pion of putting the United States back were involved in a war involving Arabs liberties of Americans have to be re- on track and assuring that we set the and Muslims. He reminded me—and I spected. example, the proper example, for the didn’t need to be reminded—that we I hope that as soon as we return from rest of the world in how to conduct issue a human rights scorecard each this holiday break the appropriate itself even under adverse cir- year from the Department of State. committees will initiate investiga- cumstances. Some of the questions we ask of coun- tions, determine what has occurred, The PRESIDING OFFICER. Under tries around the world are: have you whether it has gone too far. I sincerely the previous order, the Senator from incarcerated someone without charges? hope, on a bipartisan basis, that my Arizona is recognized. Are you holding them indefinitely? Are colleagues will rally to once again as- (The remarks of Mr. MCCAIN, Mr. you torturing them? If the answers are sert the fundamentals when it comes to LIEBERMAN and Mr. DURBIN pertaining affirmative, we give them low marks. the right of privacy in America. We to the introduction of S. 2128 are lo- Today, obviously, those countries are want to be safe in America but not at cated in today’s RECORD under ‘‘State- asking whether the Americans live by the cost of our freedom. That, unfortu- ments on Introduced Bills and Joint the same standards they are imposing nately, has become an issue because of Resolutions.’’) on others. JOHN MCCAIN’s leadership, these most recent disclosures. TORTURE along with Senator JOHN WARNER, Mr. SESSIONS. Mr. President, I re- Mr. DURBIN. Mr. President, I salute chairman of the Armed Services Com- main baffled by the failure today to Senator JOHN MCCAIN. He achieved mittee, resulted in an important agree- move forward with the PATRIOT Act. something this week which is historic. ment to restate the most basic and That piece of legislation is exceedingly He achieved an agreement with the bedrock principle, that America will important. We know for an absolute Bush administration on the issue of not engage in torture. We will not en- fact, as Senator KYL and others have torture. That took a lot of hard work gage in cruel, inhuman, and degrading pointed out, that terrorist organiza- on his part. He took a 90–9 vote in the treatment of prisoners: First, because tions and their movements and activi- Senate with him to the White House, it is not American; second, because it ties were not properly discovered by meeting with the President’s rep- invites the same treatment on our sol- law enforcement because of a failure to resentatives. diers and Americans; and third, be- share information and other restric- What Senator MCCAIN was seeking is cause it doesn’t work. We have found tions that fell on those investigators. something fundamental. He wanted to time and again, if you torture a person That has been demonstrated with clar- reaffirm in law the fact that the United they will say anything to make the ity. In fact, some say had we not had States would still stand by its word torture stop. That doesn’t give you the wall between the CIA and the FBI and by its values, that we would not good information to make America and they could actually have shared in- engage in torture even though we are safe. Let me salute Senator MCCAIN for formation, we may have even pre- in this new age of terrorism and threat his leadership. vented 9/11. to America. He said: This is less about EAVESDROPPING ON AMERICANS I say this to my friends in this coun- the enemy than it is about us, who we Mr. President, I am troubled by the try. Federal agents follow the law. The are and what we stand for. reports in the New York Times and law said the CIA, which is out dealing I can recall during the debate on this Washington Post today that this ad- with international terrorist groups and issue, Senator MCCAIN took the floor ministration, since 9/11, has been en- others who want to harm the United and gave one of the best speeches I gaged in a practice which I thought States, and the FBI, which is given the have heard in this Chamber, a speech had been clearly prohibited in Amer- responsibility of homeland protection only he could give. As a former pris- ica. That is the eavesdropping on indi- and crime enforcement in this country,

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.067 S16DEPT1 S13740 CONGRESSIONAL RECORD — SENATE December 16, 2005 were not allowed to share information. as a Federal prosecutor for 15 years much power, in many instances. They And they did not do so. It was part of nearly, I remain baffled by the con- still have less in some instances. a governmental reform. I think the cerns over the bill. I remain baffled be- We need to get our act together on Frank Church committee thought they cause of the fact that every provision this legislation. We need to move this were doing something good, but they in the bill has already been a part of bill. I don’t think it needs to be any ended up creating a wall that prohib- Federal law at some point in time and weaker. If we come back and water it ited the sharing of information that had never been overruled or found un- down and pass it, it would be a mis- made it far more difficult for Federal constitutional. But many of the law take. investigators to do the job we pay enforcement capabilities that the bill I thank the Chair, and I yield the them to do. delineates and makes clear and actu- floor. This afternoon, I saw a lady from ally creates frameworks for already The PRESIDING OFFICER. Under New York who was touched by 9/11. She exist in current law. the previous order, the Senator from wants this bill passed. As a matter of I knew from the beginning that there Oregon is recognized. fact, she was shocked that it was not. was nothing in the bill that was going Mr. WYDEN. Mr. President, I would Why is she shocked? It just passed this to be held to be unconstitutional and, like to let the Senator from Georgia Senate a few days ago 100 to 0, by unan- indeed, it has not because it was writ- propound a unanimous consent request imous consent, not a rollcall vote, but ten in such a way that we would not first. unanimous consent, without an objec- violate the Constitution, and it would The PRESIDING OFFICER. The Sen- tion. It came out of the Senate Judici- be within the principles of our commit- ator from Georgia. ary Committee, 18 to 0. We have a host ment to civil liberties. Mr. ISAKSON. Mr. President, I thank of libertarians on that committee— All of us are committed to civil lib- the Senator from Oregon. I ask unani- civil libertarians and libertarians. erties. One of our Senators, Mr. BYRD, mous consent that I be recognized to Chairman SPECTER is very proud of his said we don’t need search warrants speak following the speech of Senator heritage of civil liberties. All of us written by FBI agents. Absolutely we WYDEN from Oregon. take it seriously in that committee, don’t. We don’t want an investigator The PRESIDING OFFICER. Without and it came out unanimously. being able to conduct a search of some- objection, it is so ordered. The bill went to the House, and they body without an independent order of a The Senator from Oregon. passed this very bill that we just judge, and there is nothing in this bill STOPPING INDECENT PROGRAMMING blocked. The House passed it with a 75- that does that. We don’t change the Mr. WYDEN. Mr. President, as the vote majority even though, in fact, the great protection that you have to have session winds down this year, I wanted House had to recede and give about 80 a court-approved search warrant, for to take a few minutes and bring to the percent of the differences in the House heaven’s sake. There is nothing in this attention of the Senate a new develop- and Senate bill over to the Senate side. bill that comes close to that. But these ment that I think will be of great in- The Senate bill was clearly the bill are the kinds of charges that have been terest to millions of parents and fami- that was the model for the legislation made, upsetting people and making lies across the country. As the distin- on which we finally voted. them think there is something strange guished President of the Senate knows So we go over to the House. They or overreaching about this legislation. from our service in the other body, par- have some provisions and we have some It passed with only one negative vote 4 ents are greatly concerned that their provisions and there is a good bit of years ago, 90-something to 1. children are bombarded every day with discussion over the issues. Finally, a We need to get our act together on obscene, indecent, profane, and violent conference report is agreed to. It comes this bill. I urge my colleagues to read entertainment on television. Parents back over here, and all of a sudden we the legislation that Senator SPECTER come up to us as legislators and say: face a filibuster. has so carefully written so that any- What are you going to do to stop this The PATRIOT Act will sunset De- body can understand what the com- trash? What are you going to do to cember 31. It will be gone. We will not plaints are, to consider what the De- keep indecent programming away from have the provisions that are in it. partment of Justice has said, to listen our children’s eyes and ears? Those provisions have played a big role to the debate, and actually read the Of course, we all wish for an ideal in helping us protect this country from legislation. I am convinced that if col- world where parents would take the another attack. Who would have leagues would take a moment to do so, most direct action, which is simply to thought we would have gone over 4 they will find that all of our great lib- turn the television set off. That is years since 9/11 without another attack erties are protected and, in fact, we something that can be done without on this homeland? I hope no one thinks didn’t give to FBI terrorist investiga- any Government role. But with parents that success to date—praise our Cre- tors the same powers an IRS investi- working—and very often both parents ator—has not been driven in large part gator has this very day to subpoena working two jobs each to try to make by effective law enforcement activities bank records that relate to a person ends meet—that is not always possible. by the FBI, the CIA, and other agencies who may not have paid their income So as I began to look at how to solve that are charged with these respon- tax. IRS agents can do that on a daily the indecency problem, I asked what sibilities. basis. could the Government do in this area The compromises reached in the con- I see my colleague. Maybe I have al- to better protect our kids from inde- ference committee to work out the dif- ready utilized over 10 minutes. If I cent programming on television? I also ferences between the House and Senate have, I will be pleased to wrap up and asked how to do it in a way without a bill, according to Chairman ARLEN yield the floor. I am over 10 minutes. big government bureaucracy program, SPECTER, tilted in favor of the Senate I feel strongly about this mainly be- a one-size-fits-all approach or where on the disputed provisions by about 80 cause I am so concerned that people the Federal Government would regu- percent. He said there is not a dime’s have allowed this vote to become a late the actual content of the programs worth of difference in terms of whether vote on whether one believes in civil on our television sets. civil liberties were enhanced or not en- liberties or whether one believes in law As I began the search to try to figure hanced in the bill that we just voted on enforcement. out a responsible approach to the prob- and the one that came out of com- The bill was written and came out of lem of indecent programming for chil- mittee 18 to 0 and passed the Senate committee—Senator LEAHY approved dren, one of the things I found is one of unanimously. it; he monitored its passage from the the cable companies and the big tele- So why would this Senate and the beginning—so as not to violate the vision programmers have set up a spe- great Democratic Party, except for two Constitution, not to undermine our lib- cial tier of programming for those peo- of its members, vote to block us from erties, but to make sure that Federal ple who are interested in sports and an up-or- down vote on this? I don’t un- investigators who are trying to keep those people who are interested in derstand. I think it is a serious matter. another 9/11 from happening here have movies. I looked at it and found that There are provisions in the bill that the same powers as IRS agents. And, not only had cable companies done are important. As I have tried to state, indeed, we didn’t even give them that this, it seemed to be working as well.

VerDate Aug 31 2005 06:06 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.084 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13741 They found a way to do it that the sub- pleased to see that their proposal in- sector has taken baby steps in the scribers like and which was profitable. cluded G-rated stations that run child right direction, but there is still a I said to myself, if that kind of ap- friendly content 24 hours a day. How- great deal left to do. With millions of proach works for sports fans and movie ever, it is unclear what will be included kids being exposed to indecent, pro- fans, why can we not do it for families in the package that parents must pur- fane, and violent programming, it is as well? Why can we not have a special chase in order to purchase the kids’ important to do this job right, and the tier of programming that is appro- tier. Parents still may have to sub- Senate ought to stay at it on a bipar- priate for children and works for fami- scribe to a tier that includes stations tisan basis until it is done. lies, the way we have special program- that carry foul language, excessive vio- The PRESIDING OFFICER. Under ming for sports and movies? lence, and inappropriate sexual content the previous order, the Senator from So earlier in this session, I intro- in order to subscribe to the kids’ tier. Georgia is recognized. duced the Kid Friendly TV Program- That is not what my legislation THE TAX CODE ming Act, which would require all called for at all. It said we had to have Mr. ISAKSON. Mr. President, today video service providers to implement a alternatives to the kind of inappro- is an anniversary of a day of great re- tier of television programming that is priate programming that is out there nown in American history. Two hun- appropriate for children. In my bill, a now. But in order to subscribe to Time dred and thirty-two years ago, on De- kids’ tier is defined as a group of 15 or Warner’s kids’ tier, families might also cember 16, 1773, a band of colonists more television stations blocked off in have to subscribe to service which boarded three ships in Boston Harbor, a separate channel area with both pro- could include inappropriate program- dumped the cargo of tea into that har- gramming and commercials on it that ming for children. bor, and it became known as the Bos- are purely kid friendly. Parents would I am pleased I can say on the Senate ton Tea Party. It was a protest of tax- be able to subscribe to this block of floor that at least some people in the ation without representation in that stations separate from their regular industry have recognized the need for a great injustice. programming, knowing the program- kids’ tier of cable programming across I rise today on the floor of the Senate ming on their television will not carry our country. For a long time, whenever to tell you that injustice still exists in material that is obscene, indecent, pro- I brought this up, they basically said our tax system, not in taxation with- fane, sexual, or gratuitously violent. In western civilization would end if we out representation but in the com- introducing this legislation, it seemed have this kind of programming that plexity of our system. Think about it to hit the criteria that were most im- meets the needs of parents and fami- for just a second. It takes the average portant to me: more wholesome choices lies. At least we have seen baby steps American filing the simplest form, for parents and families but not a one- to address this issue. 1040, 13 hours, the length of 6 college size-fits-all Government mandate. The What is needed is not different than basketball games, just to fill out our Government would put the focus where what parents have at the candy-free simplest form. It takes 3 of 5 Ameri- it ought to be, which is to give parents checkout lane at the supermarket. cans the cost of hiring an outside ac- a block or tier of channels separate Just like parents should not have to countant to consult with them just to from regular programming where there take their kids past all the candy to meet the demands of the current tax would not be material inappropriate check out at the grocery store, parents system. It means the Tax Code is now for our children. should not be forced to surf through 1,685,000 words long, which is exactly After I introduced the legislation, obscene programs in order to get to the 380 times the number of words in the Chairman STEVENS and the ranking mi- programs for kids that are appropriate. entire Constitution of the United nority member Senator INOUYE of the In the days ahead I want to make States of America. As all of us on the Commerce Committee, also made an sure that children across the country floor of the Senate know, in months, 17 important effort in holding a round- have an opportunity to have access to million more Americans will be table discussion on the problem of in- this kind of good quality programming, brought under the alternative min- decency, which provided some very val- that the kids’ tier is implemented imum tax, a tax that was allegedly uable exposure for the issue. I want to properly, and that it does not depend started only to address the taxation of express my appreciation to both of on which community one is in. While a a few that now addresses the taxation them for their leadership on this mat- family in Corvallis or Portland in my of the many. ter. Earlier today, I introduced legisla- I also want to express my apprecia- home State would have a kids’ tier tion to deal with this injustice and cretion to the chairman of the Federal available to them because they are Communications Commission, Kevin served by Comcast, a family in Pen- ate a mechanism for us to forthrightly Martin, who has discussed this issue dleton or Hood River would not become before the people of the United with me on a number of occasions. He cause they receive their cable through States and develop a simpler, fairer, gave a great boost to this effort several a different company. Until all video and flatter system of taxation. Simply weeks ago at the forum that was held service providers are offering a kids’ put, we would sunset the current Tax on indecent programming, where he tier the job will be incomplete. Code on the Fourth of July, 2008, and came out and said that a kids’ tier of My legislation requires that all video command the Congress to take the programming would be a responsible, service providers institute a kids’ tier. next 3 years analyzing consumption practical way to make sure our Na- I want to make sure families get this taxes, progressive taxes, flat taxes, rev- tion’s children had more wholesome option. It is my intent to watch the de- enues of all sorts, and the effect each choices on television. velopments we have seen in the last has on the economy and economic pol- This week, spurred on by the legisla- couple of weeks with respect to Time icy, and then come back to the Amer- tion, the work of Chairman Martin, Warner and Comcast very closely. I am ican people prior to that date with a and the good bipartisan work done by very appreciative of what Chairman new, simplified, fairer, flatter tax sys- Senator STEVENS and Senator INOUYE, Martin has done in this area because he tem, or, if failing to do so, the Congress the cable industry took a small step in has given great visibility to the ques- of the United States would then be the right direction when six cable com- tion of improving children’s program- forced to vote on this floor to extend panies, including Time Warner and ming. the existing system we have and all the Comcast, announced they plan to offer I see Senator PRYOR is in the Cham- injustice that goes with it. Only by cre- a kids’ tier of programming in 2006. ber as well. He has done excellent work ating a deadline, only by being faced Having listened for months to argu- on the Commerce Committee on this with the termination and the loss of ments that kids’ tier is not going to be issue of indecent programming for chil- revenue would this Congress forth- profitable and it is not going to be dren. rightly take the due diligence it needs practical, we saw the industry finally If we do not see this kind of tier of to have the massive overhaul our sys- come to an understanding that it was kid friendly programming done right tem needs. time to get serious about this problem. across this country, I am going to Today, the United States of America Yesterday, Time Warner released the come back to the Senate and push for in the 21st century is operating under details of their kids’ tier offer. I was my original legislation. The private 20th century rules—1,685,000 words

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.087 S16DEPT1 S13742 CONGRESSIONAL RECORD — SENATE December 16, 2005 written as long as 100 years ago, when The ‘‘Out of Iraq Caucus’’ is com- cent of them going to the polls, proud- we are looking forward to a future that posed of about 70 Democratic House ly holding up their ink-stained fingers, is brighter and better for all Ameri- members. Their goal is America’s com- many of them not certain they cans. plete withdrawal from Iraq. Personally, wouldn’t be killed by exercising that I urge my colleagues in the Senate to I don’t think it makes sense to set an right to vote. What is there not to ad- join me in cosponsoring this legislation arbitrary withdrawal date, so the ter- mire about that, an extraordinary per- and for us to forthrightly set a time rorists can circle that date on their formance on the part of the Iraqi peo- when we can truly have a second tea calendars and wait for us to leave. It ple? party, this one liberating us from the seems to me that the better course is As I indicated, that turnout rate ex- injustice of complexity and opening to determine our troop needs based on ceeds that of their previous election, the door for simplicity in the American military requirements on the ground, the constitutional referendum in Octo- tax system. as determined by our military leaders. ber. And the turnout rate for that ref- Mr. President, I yield the floor. House Minority Leader NANCY PELOSI erendum exceeded the rate for the elec- The PRESIDING OFFICER. The Sen- herself has endorsed the immediate tion prior to that, for the interim gov- ator from Kentucky. withdrawal of our troops from Iraq, ernment in January. Most important, VICTORY IN IRAQ and claims that her position represents turnout among Sunnis yesterday ap- Mr. MCCONNELL. Mr. President, I the majority of her caucus. Leader pears to have been particularly robust, rise today to speak on Iraq’s stunning PELOSI endorsed H.J. Res. 73, a resolu- as with each election Sunnis have got- march toward freedom and democracy tion that states: ten more involved in the democratic and America’s efforts to support her The deployment of United States forces in process. progress. I believe, as does President Iraq, by direction of Congress, is hereby ter- We may not know the results of the Bush, that it is squarely in our na- minated and the forces involved are to be reelections yet, but we know the Iraqi tional security interest to help the deployed at the earliest practicable date. people are the winners. They have re- Iraqis build a thriving and healthy de- So that is the position of the House peatedly defied the terrorists by voting mocracy. Democracy is the ultimate Democratic Leader, Ms. PELOSI. for democracy over tyranny. Yester- antidote to terrorism. Now, the chairman of the Democratic day’s elections have created a 275- We all know for democracy to flour- Party, Howard Dean, has said recently member council of representatives, ish we must defeat the terrorists who the United States can’t even win in who will govern Iraq with the consent still linger in Iraq. The mission facing Iraq. He says, ‘‘The idea that we’re of the people. our country is simple: We must defeat going to win this war is an idea that, It is odd to me that at such a mo- them by standing up the pillars of unfortunately, is just plain wrong.’’ ment of triumph in that country, there Iraq’s democratic institutions so that Let me say that again. Howard Dean, are still those who call for America to country can become a hinge of freedom the leader of the Democratic Party, be- stop short. Granted, not everything in in the greater Middle East. lieves that ‘‘The idea that we’re going Iraq has gone just as we would have We know the terrorists cannot defeat to win this war is an idea that, unfor- wanted it to. us on the battlefield; our military Unfortunately, such is the nature of tunately, is just plain wrong. might is absolutely unmatched. We military conflict. We’ve all heard it That is Howard Dean’s assessment of know they cannot defeat our ideas, be- said that no battle plan survives the the situation. cause when people are given a choice, first shot. But there can be no doubt Chairman Dean later tried to qualify they will choose liberty and democracy that tremendous progress has been his comments about the unwinnable over terror and tyranny every time. made. Maybe it would be a good idea to nature of the battle in Iraq, but no So this debate turns on just one sim- review the progress that has been made matter what he says now, it still ple question: do we have the will to win in Iraq in the last two-and-a-half years. sounds like ‘‘cut and run’’ to me. If it in Iraq? Back during the Saddam Hussein This summer, American intelligence is not ‘‘cut and run’’ it is at least ‘‘cut era—when he was in power from 1979 to forces intercepted a letter written by and jog.’’ 2003—in that period, over 4,000 political Ayman al-Zawahiri, one of the leaders Let me be clear. Proponents of imme- prisoners were summarily executed, of Al Qaeda, to Abu Musab al-Zarqawi, diate withdrawal certainly have the 50,000 Kurds were killed, 395,000 people the leader of Al Qaeda in Iraq. In his right to hold that view, and I believe were forced to flee Iraq, there were no letter, al-Zawahiri said that al Qaeda’s they do so with patriotism in their free elections whatsoever, no free news- goal was quite clear: ‘‘Expel the Ameri- hearts. But I must respectfully ques- papers, and Hussein, of course, stood cans from Iraq.’’ He went on to say tion their judgment. above the law. this: Our goal should be to achieve victory What has the situation been since in Iraq, not merely to pull out based on . . . [T]he mujahedeen[’s] ongoing mission is 2003, since the fall of Saddam? Iraqis to establish an Islamic state, and defend it, an arbitrary date on the calendar. are now innocent until proven guilty, and for every generation to hand over the The fact is, we are already on the and Saddam himself is being given a banner to the one after it until the Hour of road to victory in Iraq. The trans- fair trial, something he gave no one. Resurrection . . . The Americans will exit formation of Iraq from the tyrannical Seventy-five Kurds were elected to soon, God willing. rule of Saddam Hussein to freedom and the interim Parliament, when during So the terrorists’ intent is plain. democracy in just two and a half years Saddam’s regime, 50,000 of them were They are not only dedicated to driving is a remarkable success story. murdered. Over 270,000 people repatri- us out of Iraq, they are also dedicated It took us 11 years in our country to ated, when during Saddam’s regime, to turning Iraq into a breeding ground get from the Declaration of Independ- 395,000 people left the country; 9.8 mil- for terror and anarchy. ence to the Constitution. And freedom lion Iraqis freely voted on the Con- We must not let them succeed. That took another giant step forward yester- stitution. There are over 100 free news- is why I am so concerned about the day with the elections for the first per- papers in Iraq. They have a robust free comments of those who suggest that manent democratic government in press there, and Hussein, as I suggested the battle in Iraq is unwinnable. What Iraqi history. earlier, is now on trial, being given the signal does that send to the terrorists? Of course, the news we have now is kind of trial he gave no one. What signal does it send to our troops still preliminary. But early news re- So much has improved, much is left who are putting it on the line every ports indicate that 11 million Iraqis to do, but now we are heading in the day in Iraq? went to the polls yesterday, once again right direction. Iraqis are feeling posi- Here is what Congressman DENNIS staining their fingers with indelible tive about the direction of their coun- KUCINICH, a leader of the House Demo- purple ink to signify that they had try as well. According to an ABC News crats’ ‘‘Out of Iraq Caucus,’’ said: ‘‘It is voted. study, 77 percent of Iraqis think the se- time for a new direction in Iraq, and That is an overall turnout rate of curity situation in the country will be that direction is out.’’ It’s pretty clear over 70 percent, compared to 60 percent better in a year. Two-thirds of them where he stands. And he is not an here a year ago, which was a good turn- expressed confidence in the Iraqi Army outlier in his party. out for us, higher than normal—70 per- and the Iraqi police.

VerDate Aug 31 2005 06:06 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.088 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13743 These people are on the ground in lowed men and women in uniform serv- about yesterday. They not only elected Iraq every day. They are living in the ing in combat to include combat pay permanent representation in their gov- midst of the war on terror. I think we for the purpose of calculating their ernment that will move on and try to should give their opinions great earned-income and child tax credit finish their constitution, but it was a weight. benefits. In other words, they were able symbol of a people who voted for peace, Look at all the progress that has to continue receiving their rightful security, and a new economic future. been made. The 24-year reign of terror combat pay exclusions while also being That is what that was all about yester- is over, and a new democratic, free Iraq able to take full advantage of other tax day. is emerging. Voter turnout in their na- credits. However, what we passed in I congratulate the people of Iraq who, tional elections yesterday was report- 2004 expires at the end of this year. So with a great deal of courage, turned edly very heavy, as I indicated. So I am pleased today’s action in effect out and stood in lines and voted their Iraqis are optimistic about their fu- extends the legislation for one more will. This is what this whole exercise ture. They think the fight against the year. has been about. terrorists is worth fighting. They think I thank, again, Senator MAX BAUCUS I leave a message with not only this democracy is worth fighting for. for his leadership in helping extend it Congress but to some who fail to see We should stand by them and do no for another year. Also, I thank Sen- how much hope was on display yester- less. We need to complete the job, and ators JOHN KERRY and BARACK OBAMA day: there is hope for the future. Now our strategy is to stay and win—not for their leadership in taking up the we have little girls going to school in cut and run. fight when someone saw the oppor- Iraq. Hope for families, that they can I yield the floor. tunity to do so, to ensure our men and participate in a republican form of de- The PRESIDING OFFICER. The Sen- women in combat are fairly treated. mocracy, and to change the economic ator from Arkansas. The urgency of this situation is high- culture of those people who live in TAX RELIEF FOR AMERICANS IN COMBAT ACT lighted especially when you focus on Iraq. EXTENSION our troops whom it affects. We are Think of the possibilities. The suc- Mr. PRYOR. Mr. President, I rise talking about troops in combat for cess in Iraq also has done another today to commend and thank my col- more than 6 months. They are at lower thing that will change not only Iraq, leagues for including a 1-year extension pay grades and tend to be married with but it will change the whole area. For of the Tax Relief for Americans in children. They have little or no savings the first time since World War I there Combat Act as part of the Gulf Oppor- or spousal income. The GAO suggested will be a transportation and commu- tunity Zone Act of 2005. This measure the amount of tax benefit loss could be nication corridor that will change the corrects a discrepancy in the Tax Code up to $4,500 for enlisted personnel and economic culture from Tel Aviv to Ku- that penalizes certain service men and $3,200 for officers. That is real money. wait City. Think of what that does. It women serving in combat situations. That is make-or-break money for a lot puts Amman back on the trade route, To give my colleagues a bit of his- of these people. They are already under so to speak. King Abdullah, the leader tory on this, in 2003, I approached the enormous stress. of Jordan, understands this. And as he distinguished chairman of the Senate I am glad we could come together in looks at that, it puts Amman back on Finance Committee, Senator CHUCK this bipartisan fashion and extend this the trade route. GRASSLEY, and the ranking member of for another year. The bill corrects the But what about the future? Anyone that same committee, Senator MAX problem and lets our troops who are who has visited Iraq has seen this, BAUCUS, and asked them to join me in risking life and limb for us know that probably in Baghdad, or wherever. But an effort to get a fresh look at the while they are away fighting for us, we I will tell you what this farm kid has overall picture of how our Tax Code are in the Senate fighting for them and seen on his visit to Iraq. When we were treats our military. I was very pleased for their families. in Mosul we saw dry land, farming, when they agreed to work with me, and I yield the floor and suggest the ab- good soil. There are two great rivers was delighted to jointly request an ex- sence of a quorum. with irrigation systems from both of pedited study by the Government Ac- The PRESIDING OFFICER. The them. I saw the kind of dirt it takes in countability Office. It was an honor for clerk will call the roll. which to build an economy. me to work with them. I also must say The assistant legislative clerk pro- Let’s don’t talk about gas or oil. their staff have been nothing but a de- ceeded to call the roll. Let’s talk about the very industry that light to work with throughout this Mr. BURNS. Mr. President, I ask contributes more to the GDP of any process. unanimous consent that the order for country in the world, and that is agri- The GAO made their study, and they the quorum call be rescinded. culture. They have the ability to be the had some interesting findings. The PRESIDING OFFICER. Without breadbasket of the Middle East. As you One of those findings was especially objection, it is so ordered. know, most of the Middle East is important and necessitated immediate Mr. BURNS. Mr. President, I inquire desert. Most of it has soil that is very attention. In a nutshell, what they of the Chair, are we on the PATRIOT thin, and there are not many nutrients found is service men and women who Act or what is the order? in it. And even where you find those were serving in combat zones and re- The PRESIDING OFFICER. The Sen- areas where they have it, it is in need ceiving nontaxable combat pay were ator is correct, we are currently on the of water. Water isn’t there. not able to also take advantage of the PATRIOT Act. I looked at the north of Israel one earned-income tax credit and the Mr. BURNS. I ask unanimous consent time, and I understood the problem childcare tax credit. Imagine that. The I be allowed to speak for up to 15 min- there. The problem there has to do result was thousands of our men and utes—and I don’t think it will be that with water, the ability to irrigate out women serving in combat—in places much—as if in morning business. of the Jordan River. You have two such as Iraq, Afghanistan, and other The PRESIDING OFFICER. Without great river systems in Iraq. places around the globe—were seeing a objection, it is so ordered. The next step in this budding new reduction or the elimination of their IRAQ freedom is the cornerstone of freedom, earned-income tax credit or child tax Mr. BURNS. Mr. President, I heard and that is land ownership, making credit and, in effect, losing money. In the words of our assistant leader on the people productive, growing renewable other words, the Tax Code has the im- majority side and wanted to come to resources, providing for your family, pact of penalizing them for serving in the Senate. These words may get lost but also providing a great export out of combat. in the swirl of the times with the holi- Iraq and becoming a trading partner The GAO report characterized this as days, but yesterday was truly a his- with their neighbors. an unintended consequence. I say it is toric time not only for the people of We cannot change the ethnic culture, plain wrong. I was pleased to introduce Iraq, but a historic time for the peace nor can we change the Islamic culture, legislation to try to fix this glitch. process in the Middle East. but we can change the economic cul- Back in 2004 we passed Tax Relief for There was not a doubt in anyone’s ture to where more people of that soci- Americans In Combat Act. The bill al- mind around the world what that was ety participate in the economic well-

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.092 S16DEPT1 S13744 CONGRESSIONAL RECORD — SENATE December 16, 2005 being of their country. Just think of didn’t want to be there either. What Iowa won the 1974 division III cham- the possibilities and the hope it brings was that for? Countries had been over- pionship. to the next generations of those folks. run by a tyrant who brought nothing This has been a season full of highs If you can find something to export— but tyranny. And they were an enemy and lows for the Panthers. Starting the and I will tell you, I look at Jordan. of this country and our ideals and our season at 4 and 3, the outlook looked There is a country that is not very principles. kind of bleak, but the team did not get wealthy. The only thing they have to They have those principles already. discouraged. They did not give up. In- export is potash, and the world can But what they have too is hope. And we stead, they rattled off seven straight only use so much potash. have to nurture that hope because they wins. As a result of their tenacity and But they understand communica- cannot only feed themselves, with their determination, the Panthers find them- tions and transportation. So there is renewables grown from Mother Earth, selves tonight in the championship great hope there now. There is the hope they can become a powerhouse in the game. of land ownership, the hope of partici- Middle East for commerce. Just think In 5 years, head coach Mark Farley pation in supplying food and fiber not of that corridor. Just think of the pos- has won 44 games, at least a share of only for their own people, but to export sibilities of changing an economic cul- three conference championships, and to other neighboring countries. That ture that will run from Tel Aviv to Ku- he has led the Panthers to three play- corridor is now established with the wait City, and then you tell me: Was it off appearances. Under his leadership, free movement not only of people, but worth it? the Panthers have again become a na- also goods and services. This President understands a vision tional power in 1–AA football. And That corridor will widen. It will ef- of hope for freedom-loving people ev- Coach Farley is a graduate of UNI. He fect the way people do business in erywhere. And what it offers to their was a member of the first UNI football Syria and the way they do business in citizens is beyond some folks’ com- team to play in the national Iran. It will change even how they do prehension. Freedom is not free. Hope semifinals. Twenty years later, after 10 business in Egypt. The Nile Delta, a is not free. There must be sacrifice. playoff appearances and 5 semifinal ap- very fertile delta, now will have some Yesterday, those folks lined up by pearances, he has led his alma mater to competition in the food business. the droves to take advantage of chang- their first championship game. Also, it will have possibilities for our ing their lives, sending a strong mes- Yesterday, the Des Moines Register country when those economics take sage to the rest of the world: Terror- ran a story titled ‘‘Panther Football A hold. And it is not going to happen by ists, you are not welcome here any- to Z.’’ The article tells the story of the next week, or next year, or maybe not more. team’s season, beginning with the let- even for the next 5 years. But you are That is the greatest enemy terrorists ter A for adversity. As I mentioned, the going to see it happen because of this have, when the fires of freedom burn in Panthers record stood at 4 to 3, but taste of freedom, land ownership, inde- the hearts of a people in a line where after seven consecutive wins, which in- pendence, and to be able to participate they stand, where they vote. cluded five late-game comebacks, they in their own government, and, yes, That is the vision I have for the Mid- have earned the trip to Chattanooga even in their own provincial govern- dle East. It is very clear. It is clear and the adoration of their fans. Much ments. that with that reform comes land own- as linebacker John Herman stated in So the possibilities of peace and sta- ership, irrigation systems, dry land the article: bility and economic advancement have farming, and participation in the world Text messages, e-mails, phone calls—it’s never been greater than at any time in of commerce. Not only in that, but in crazy to see how many people are excited for history since World War I. Yet there goods and services also. Iraqis are a us to get here. will be those who say we should not be very talented people, a people who have The article concludes with the letter there helping freedom-loving people that fire of freedom in their heart. We Z for zenith by quoting athletic direc- achieve the same dream, having the wish them well, and we stand beside tor Rick Hartzell, who said: same hopes we have for our next gen- them as that fledgling democracy, that There’s never been a better time to be a eration, our children, and our grand- republican form of government, gets its Panther. children. kick-start. And it really got a kick- I congratulate the young men, their Hope is eternal. Now they have a fu- start yesterday. We wish them well. We coaches, and the University of North- ture, a future they have never had congratulate them for their courage to ern Iowa for their tremendous season since almost 100 years ago. And the im- stand up and be counted. and wish them the best of luck tonight. pact of that will spread throughout the I yield the floor. I will be watching on ESPN2. Middle East. It will happen. The Pre- Mr. HARKIN. I suggest the absence of I ask unanimous consent that the siding Officer comes from an agricul- a quorum. text of the Des Moines Register article tural State with land ownership, pro- The PRESIDING OFFICER. The be printed in the RECORD. ductivity, and exports. My good friend clerk will call the roll. The PRESIDING OFFICER. Without from Iowa, my goodness; they are the The assistant legislative clerk pro- objection, it is so ordered. breadbasket of the world. They can ceeded to call the roll. (See exhibit 1.) grow more in Iowa with what falls out Mr. HARKIN. Mr. President, I ask Mr. HARKIN. Mr. President, I see my of their pocket accidentally than we unanimous consent that the order for friend, RICHARD BURR, the outstanding can, on purpose, in Montana, I will tell the quorum call be rescinded. Senator from North Carolina, on the you. What a great and blessed State, The PRESIDING OFFICER. Without floor. North Carolina, of course, is the and the same for the State of my friend objection, it is so ordered. home State of that great school, Appa- from Texas, who is on the floor. UNIVERSITY OF NORTHERN IOWA PANTHERS lachian State. I know that after their But what makes it operate is land FOOTBALL TEAM defeat tonight under the paws of the ownership and participation in the Mr. HARKIN. Mr. President, today I Panthers, it will continue to be a great economy. Then the terrorists have no- am here to congratulate the University school and a great football team. body to recruit because there is hope. of Northern Iowa Panthers football My good friend and I have made a lit- Our Marines, our Army, and our Air team and wish them the best of luck as tle wager on the game tonight: six Force paid a heavy price because they, they prepare to take on the Appa- North Carolina pork chops versus six too, believe this legacy of freedom, to lachian State Mountaineers today at 8 Iowa pork chops. You see, I say to my be passed on from one generation to p.m. in Chattanooga, TN, for the 1–AA friend, just as Iowa is No. 1 in pork pro- another, is worth dying for. national championship. This is truly a duction, and North Carolina is No. 2 in I had a lady say: ‘‘If you wanted to historic occasion, as this marks UNI’s pork production, after tonight, Iowa take a poll in Iraq, if you polled our first appearance in the national cham- will be No. 1 in 1–AA football, and military people, that poll would say pionship contest. In addition, UNI has North Carolina will be No. 2 in 1–AA they don’t want to be there.’’ the opportunity to be only the second football. I said: Well, if you took a poll in the Iowa NCAA school to win a national So, again, I look forward to dining on English Channel on June 6, 1944, they title in football. Central College in those great North Carolina pork chops.

VerDate Aug 31 2005 06:09 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.094 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13745 I ask my friend, please, would you M is for Mountaineers. As in Appalachian stituents will make the trek today to throw in some of that North Carolina State’s nickname. The team has lost just Chattanooga, TN, for tonight’s football barbecue sauce with them? once to a I–AA opponent this season. game. I remind my good friend, Sen- I yield the floor. N is for National. ESPN2 will broadcast a Panthers football game to a coast-to-coast ator HARKIN, that almost all of the EXHIBIT 1 audience for the second consecutive week. tickets turned back in by the Northern [From the Des Moines Register, Dec. 14, 2005] 0 is for Overtime. The Panthers stand 2–0 Iowa Panthers were purchased by PANTHER FOOTBALL A TO Z in overtime games, beating Western Ken- North Carolina constituents who will (By Rob Gray) tucky, 23–20, in double overtime and Texas be at that game. State. ‘‘We’ve definitely caught some breaks CHATTANOOGA, TN.—It’s hard to describe, Appalachian State advanced to the let alone explain. to be at this point, but you kind of have to championship game with a 29–23 vic- Northern Iowa’s stunning run from NCAA to get this far,’’ Sanders said. tory over rival Furman University. Ap- Division I–AA football playoff longshot to P is for Pecan Bowl. Way back in 1964, the Panthers won this Division II bowl game, 19– palachian took the lead with 2 minutes championship game participant ends Friday 17 seconds left, with an 11-play, 67-yard with a first-ever title hanging in the balance. 17, over Lamar Tech at Abilene, Texas. Q is for Quarterback(s). As usual, the Pan- drive led by backup quarterback Trey Only Appalachian State stands in the way. ‘‘I’m sure after the season’s over I’m really thers will face a good one—whether it be Elder, who was filling in for a starting going to be kind of in awe, but right now Richie Williams, who could be out with a quarterback Ritchie Williams. They we’re trying to get focused on the game, try- ruptured ligament, or backup Trey Elder, held off a last-minute threat and ing not to get caught up in the moment,’’ who led the Mountaineers to last week’s 29– picked up a fumble by Furman and ran said Panther quarterback Eric Sanders. ‘‘But 23 win over Furman. R is for Receivers. Justin Surrency leads it back to Furman’s 1-yard line, where in the offseason, I know I’m going to reflect the Panthers with seven touchdown that game ended. and be pretty proud and go like, ‘Wow. This catches—including an end-zone grab in four Two of the team’s three losses were really did happen.’’’ to I-A teams—Kansas University and The No. 7 Panthers’ transcendence of high- consecutive games. Patrick Hunter and profile injuries, daunting fourth-quarter Jamie Goodwin furnish downfield speed. the tenth-ranked LSU Tigers. The deficits and taxing road trips may defy logic, Brian Cutright excels at tight end. Charlotte Observer named the Moun- ‘‘There’s no doubt in this team at any but it can be loosely quantified, or encap- taineers the most successful college time,’’ Cutright said. (see item ‘‘A’’) sulated, within a quick spin through the al- S is for Kevin Stensrud. The defensive line- football program in the State over the phabet. So it’s on to Chattanooga, via the man form Lake Mills has battled countless past 20 years. ABCs: injuries to reach his final game. Among their famous alumni are Dal- A is for Adversity. The Panthers (11–3) T is for Two-point conversion. Surrency’s las Cowboys linebacker Dexter once stood 4–3, but seven consecutive wins leaping catch to tie the game at Texas State Coakley, and former Redskins followed, including five late-game come- came amid three defenders. ‘‘I had just backs, and overcoming obstacles has kindled runningback John Settles. enough height on it, and not just enough adulation. Coach Jerry Moore is the winningest height on it to get it over the first guy and ‘‘Text messages, e-mails, phone calls—it’s coach in Southern Conference history, in between the other two guys,’’ Sanders said crazy to see how many people are excited for with a string of 16 winning seasons in of the pass. us to get here,’’ linebacker John Hermann U is for Upsets. Northern Iowa has topped 17 years, with a record of 139–67. This is said. three teams this season ranked No. 1 at some his 13th playoff appearance as a head B is for Balance. Northern Iowa running point—with two wins on the road. coach. Coach Moore perfected his back David Horne has rushed for 1,039 yards V is for Variety. Sanders has hit nine or and 16 touchdowns. Quarterback Eric Sand- coaching skills as an assistant under more receivers in five of the past seven wins. ers has thrown for 2,748 yards and 23 touch- our colleague in the House, Congress- W is for Waffle House. This franchise dots man Tom Osborne. downs. the Tennessee landscape like Casey’s Gen- C is for Coaching. Mark Farley suffered When Appalachian wins tonight’s eral Stores in Iowa. along with teammates and fellow coaches in X is for X-Factor. Jason Breeland provides showdown, it will be the first time a five Panther losses in the semifinals. This a spark in the Panther backfield and at university from the State of North season, he helped orchestrate a break- wideout. Carolina has ever won a national foot- through. ‘‘We’ve got the opportunity to rep- Y is for Yards. Expect plenty. The Pan- ball championship. resent our school, but also our state,’’ Farley thers average 444 yards in the playoffs; the Senator HARKIN doesn’t need to take said. Mountaineers average 437. D is for Defensive ends. Appalachian State my word for it or the sports reporters Z is for Zenith. As athletic director Rick or the commentators opining on the (11–3) features two standouts at the position. Hartzell said, there’s never been a better Jason Hunter and Marques Murrell have time to be a Panther. success of Coach Moore and his Moun- combined for 22 sacks. ‘‘For our type of institution, we’ve got the taineers. Senator HARKIN needs to go E is for Extra credit. Northern Iowa kicker best athletic program in the country,’’ he no further than his own backyard to Brian Wingert has drilled three consecutive said. find someone who can attest to Jerry game-winners. F is for Finish. The Panthers have The PRESIDING OFFICER. The Sen- Moore’s ability to prepare the Moun- outscored foes, 63–14, in the fourth quarter ator from North Carolina is recognized. taineers for tonight’s game. That is be- over their seven-game win streak. Mr. BURR. Mr. President, we will cause Coach Moore counts as one of his G is for Grounded. Northern Iowa’s defense learn tonight that being No. 1 doesn’t closest friends a man synonymous with has allowed big games from highly rated mean that you win, and being the larg- Iowa football—former Hawkeyes head quarterbacks Erik Meyer, Ricky Santos and est doesn’t mean you are the best. In coach, Hayden Fry, with whom Jerry Barrick Nealy in the postseason, but kept fact, North Carolina pork chops are Moore started his coaching career at them from winning. H is for History. Both Northern Iowa and better than Iowa pork chops, and North SMU. Appalachian State make their first title- Carolina football is, in most cases, as Mr. President, Appalachian State game appearances. good if not better than Iowa football. University was started as a teachers I is for Interception. Matt Tharp’s pick of I commend the Northern Iowa Pan- college in 1899. Its enrollment is slight- Nealy preserved Friday’s 40–37 overtime win thers. They have had a miraculous sea- ly over 14,000 students. It is the sixth at Texas State. son. They deserve to be in the cham- largest State university in our univer- ‘‘(He) made a good play with a cast on his pionship game based on how they per- sity system in North Carolina. It has hand,’’ fellow defensive back Tanner Varner one of the highest graduation rates of said. ‘‘It was just amazing.’’ formed in the second half of the season. J is for Jeff Bates. The Indianola senior Appalachian State was ranked fifth student athlete football players in the center eased into the starting role when of- by the Sporting News and fourth by State, and a few years ago it ranked fensive line anchor John Schabilion suffered ESPN/USA Today in the I-AA polls. only behind Duke in that distinction. a season-ending injury. Appalachian has a record of 11–3, and I take this opportunity to congratu- K is for Krystal. Fans traveling to Chat- they have reached the I-AA semifinals late the Northern Iowa Panthers. I con- tanooga will encounter this southern version now for the third time. They did it in gratulate Chancellor Peacock and of White Castle. L is for Linebackers. Northern Iowa’s 1987, 2000, and now in 2005. But they Coach Moore but, more importantly, Darin Heideman and Brett Koebcke high- have never reached the championship these two teams who have reached the light a defense that gets stingy at precisely game until this year. final championship game tonight. the right moment. Koebcke is questionable This is a magical year for Appa- Tonight there will be only winners; for Friday, though, with a high ankle sprain. lachian State. Over 10,000 of my con- there are no losers. Tomorrow there

VerDate Aug 31 2005 06:09 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.106 S16DEPT1 S13746 CONGRESSIONAL RECORD — SENATE December 16, 2005 will be one loser, and that will be my fort, so I objected because I felt strong- million. Now, it is going to get another colleague from Iowa as he prepares to ly that the two ought to be together. 1-percent cut for good measure. send those pork chops to North Caro- I said to the majority leader last As I said, if Senators want to do lina. night that I would take a look at it more for cord blood banking, they With that, I yield the floor. today and go over it with my staff. I ought to increase the funding, at least Mr. HARKIN. Mr. President, I sug- have decided, after going over it and not cut it in the Labor-Health and gest the absence of a quorum. looking at it, to lift my hold—I can Human Services appropriations bill. The PRESIDING OFFICER. The only speak for myself—but I have de- But it is being cut. It shouldn’t be cut. clerk will call the roll. cided to lift my hold on H.R. 2520. We put the money in there. So if my The assistant legislative clerk pro- One of the reasons I am doing so is colleagues feel strongly about banking ceeded to call the roll. because, quite frankly, the bill doesn’t cord blood and using that cord blood to Mr. HARKIN. Mr. President, I ask accomplish anything that we are not save lives, they ought to be out here unanimous consent that the order for already doing or about to do. In 2002, demanding that we not cut it from the quorum call be rescinded. under the direction of the Appropria- what we put in the Senate bill. But I The PRESIDING OFFICER. Without tions Subcommittee on Labor, Health have not heard one person come on the objection, it is so ordered. and Human Services, Education and floor and take that up and say: No, we CORD BLOOD LEGISLATION Related Agencies, of which I am rank- are not going to agree to those cuts. Mr. HARKIN. Mr. President, yester- ing member and Senator SPECTER is If Senators want to do more for cord day afternoon, the majority leader of- the chair, the registry on bone marrow blood banking, they should increase fered a unanimous consent request to units had to start including cord blood the funding, not cut it. But if Senators take up and pass, without any amend- units as well. want to go ahead and pass H.R. 2520, ments or any further action, H.R. 2520, Last year, there was a 24-percent in- fine, I have no problem with that. a bill to collect cord blood for use in crease in the number of cord blood There is no harm in passing language therapies for various kinds of blood dis- units in the registry. This is because that authorizes work that is already eases. I objected to that unanimous Senator SPECTER and I put this in the being done by the Appropriations Com- consent request after quite a bit of talk bill in 2003. Then, in fiscal year 2004, I mittee. At least Senators who come on the floor. helped secure $10 million to create the out and talk at least ought to thank As I explained yesterday, I support National Cord Blood Stem Cell Bank- Senator SPECTER for taking the lead on this bill. I am a cosponsor of this bill. ing Program. Our subcommittee has this. In fact, I joined with Senator SPECTER appropriated $19.8 million in the last 2 There is another reason why I am 2 years ago to create the National Cord years for that effort. That is for the lifting my hold. When we debate H.R. Blood Stem Cell Banking Program by banking of cord blood. 810 next year—let me put it this way. including $10 million for that purpose Yesterday, my colleague from Kan- The majority leader has kept saying he in the fiscal year 2004 Labor, Health sas, Senator BROWNBACK, said that wants to make sure we bring up H.R. and Human Services, and Education ‘‘more kids will die if we don’t take up 810. appropriations bill, of which I am rank- the cord blood bill.’’ That is simply not Senator HATCH from Utah said we are ing member. We have been funding that true. Cord blood units are being col- going to bring up H.R. 810. We are program ever since. So I have been in lected and saving lives as we speak going to have that debate; we are going the lead in championing cord blood today because of the funding that we to vote on it. Well, when we bring it up therapies by getting the program fund- appropriated through the Labor, next year and debate it, it will be crys- ed and keeping it funded. Health and Human Services, Education tal clear who supports medical re- Nevertheless, I objected to the unani- appropriations subcommittee. Let’s be search and who does not. The question mous consent request because I believe clear, that money is there. We appro- will be very simple: Are my colleagues the Senate should take up the cord priated it. It is doing its job right now. for stem cell research or are they not? blood bill at the same time we take up What will help save lives and help Cord blood transplants, while enor- H.R. 810, which is the Stem Cell Re- with cord blood is if Republican con- mously beneficial to people with cer- search Enhancement Act. servatives would stop cutting funding tain blood diseases, are no substitute That is what the House did, and that for the National Cord Blood Stem Cell for embryonic stem cell research. Cord is what the House passed. The House Banking Program that we put in a cou- blood cannot do a thing for people with approved both these bills on May 24 of ple of years ago. Parkinson’s, ALS, juvenile diabetes, this year, and we have been waiting In the Senate version of the fiscal Alzheimer’s. These are the things we and waiting and waiting and waiting in year 2006 Labor-Health and Human can address with embryonic stem cell the Senate to do the same thing. We Services appropriations bill, under the research. keep hearing from the majority leader leadership of Senator SPECTER, we in- So I wanted to make it very clear that he wants to bring up H.R. 810. In cluded $9.9 million for cord blood bank- today, No. 1, that I have taken off my fact, in what I thought was a very cou- ing. To hear the talk last night, one hold on the unanimous consent. They rageous speech the majority leader would think we didn’t have any money. want to bring it out again. Secondly, gave on July 29, he said he would vote We put $9.9 million in the bill. Guess Senator SPECTER and I have taken for H.R. 810. But we can’t seem to bring what. The House had zero. The con- steps in the Appropriations Committee it up on the Senate floor. ference committee cut our $9.9 million both to put the money in there but also Members on the Republican side keep down to $4 million. That means 3,900 to set up the registry. We have already coming up with new bills to try to con- fewer units of cord blood will be col- set up the registry. There was some fuse things. They want to vote on five lected under the fiscal year 2006 appro- talk yesterday that maybe there is not or six or seven bills, some of which priations bill than in last year’s bill. a registry out there. Of course there is have absolutely nothing to do with I would hope my good friend from a registry. As I said, it went up 24 per- stem cell research. Kansas will come to the floor and im- cent last year. So a number of us on both sides of plore his colleagues not to go along H.R. 2520 basically authorizes what the aisle formed a bipartisan group to with the Labor-Health and Human we are already doing, anyway. That is do what we could to try to bring both Services appropriations bill and get fine. But I implore my colleagues who these bills, the same two the House that money back in there, but I didn’t are interested in this, as I am, come passed, H.R. 810 and H.R. 2520, and do hear anything said about that. out and talk about the funding. Talk what the House did—bring them up, de- The cuts to cord blood banking do about the 3,900 fewer babies, young peo- bate them, and pass them. not stop at the $4 million level. We are ple, who will not get cord blood be- When this unanimous consent re- told that when the DOD appropriations cause of the cut in funding from $9.9 quest was then offered by the majority bill comes back, there will be a 1-per- million now to less than $4 million. Let leader yesterday, I was on the floor. I cent, across-the-board cut for every us hear some talk about that rather had not checked with all the other peo- Federal program. First, the cord blood than being here and passing an author- ple who had been involved in that ef- funding is cut from $9.9 million to $4 izing bill, which does not do one single

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.107 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13747 thing more than what we are doing al- sion’s campaign of inaction when it cane Katrina. As the Wall Street Jour- ready. comes to protecting our consumers at nal documented recently, gas prices for What it does is make sure the fund- the gas pumps. My report documented much of this recent period have in- ing is there for the registry and to col- how the Federal Trade Commission has creased twice as fast as crude oil lect the cord blood and to bank it so refused to challenge oil industry merg- prices. Clearly, a number of oil compa- that people and young people who have ers the Government Accountability Of- nies are not simply passing on higher these terrible diseases can get the cord fice says would raise gas prices at the crude oil costs but are also adding sub- blood to help them. pump by 7 cents a gallon alone on the stantial increases to the cost of gas I hope we do not make these cuts in west coast. above and beyond the higher cost of the Labor-HHS appropriations bill. It My report also documented how the crude oil. is there, but we should not cut it. And Federal Trade Commission failed to act Since the early 1970s and for much of if they do, I will have more to say when refineries had been shut down or this year, there has never been the about it next year when we return in to stop anticompetitive practices such kind of disparity between increases in January and February. I hope we can as redlining and zone pricing. Since the price of gas and increases in the bring up H.R. 810, have a good debate then nothing has changed. price of crude oil. This was not seen on it, and let us vote it up or down, as Despite what we saw recently— even in the days of the long gas lines the House did, and send it on to the record high prices for consumers, and following the OPEC embargo. President so we can get on with the record profits by major oil companies— Over the past 30 years, gasoline vital research that is needed on embry- what we have seen is a record level of prices never rose more than 5 percent onic stem cell research. inaction by the Federal Trade Commis- higher in a year than the cost of crude I conclude with this: There are some sion on behalf of energy consumers. increase. But in the past year, gas stories in the paper today—there were In the last few months, when we saw price increases outpaced crude by 36 a few yesterday—a front-page story the price of gasoline soar to an all-time percent. After Hurricane Katrina, the today about a South Korean research record high, the Federal Trade Com- price difference soared even higher to doctor and the fact that he may have— mission was invisible. As far as I can 68 percent. I do not know all the facts—falsified tell, the Federal Trade Commission Further evidence of price gouging some stem cell lines. There are indica- failed to take any action at all in the could be found in what happened on the tions, at least in my reading of the wake of the hurricanes in the gulf that west coast immediately following Hur- medical journal, there is some reason sent the price of gas skyrocketing to ricane Katrina, when prices surged 15 to believe he actually did do that, that over $3 a gallon across the country. cents per gallon overnight. For years, it was falsified. Then I heard some If you do a Google search on FTC and oil industry officials, the Federal comments such as, well, see, there is gasoline prices, nothing at all comes up Trade Commission, and others have the problem with stem cell research. to indicate that the Federal Trade maintained that the west coast was an That points out the necessity for us Commission has taken any action on isolated gasoline market from the rest to authorize it, to have the National behalf of energy consumers. What you of the country. West coast supplies were not affected by the hurricanes. Institutes of Health supervise it, have do find are statements by the Chair of The west coast gets almost none of its jurisdiction over it, so that it is done the Federal Trade Commission arguing gas from the gulf. If the west coast was in an ethical way, where we can mon- against giving the agency additional an isolated market, as the oil industry itor it and make sure we do not have authority to protect consumers against has claimed for years, then Katrina rogue elements riding off doing their price gouging at the pump. was not a justification for jacking up own thing, so we have standards by For example, the Federal Trade Com- gas prices on the west coast imme- which we can measure stem cell re- mission Chair recently made the state- diately after the hurricanes. search, so we can have legitimate, eth- ment opposing an effort here in the The Federal Trade Commission is the ical, moral guidelines which research- Senate to have a price gouging law be- principal consumer protection agency ers can follow, and we can know who is cause ‘‘they are not simple to enforce in the Government. It is the Federal doing the legitimate good work and and they could do more harm to con- agency that can and should take action know who the outliers are. sumers.’’ when gasoline markets go haywire as The fact that this story has come out The fact, however, is a number of they did after the hurricanes. But in- today makes it even more imperative States do have price gouging laws. Two stead of action, what we have repeat- that we pass H.R. 810 and we have Na- State attorneys general testified at a edly seen were excuses. tional Institutes of Health jurisdiction joint hearing recently here in the Sen- In the past, the Federal Trade Com- oversight over this kind of research. ate that these laws are, in fact, bene- mission often claimed that it was I yield the floor. ficial. studying the problem or monitoring Mr. BINGAMAN. I suggest the ab- In her testimony before a joint Sen- the gasoline markets as an excuse for sence of a quorum. ate hearing last month, the Chair of inaction on gas pricing. The PRESIDING OFFICER. The the Federal Trade Commission, Debra Recently, the Federal Trade Commis- clerk will call the roll. Majoras, described what I believe to be sion’s campaign of inaction has even The assistant Journal clerk pro- an astoundingly serious theory of con- extended to the studies that the agency ceeded to call the roll. sumer protection when she essentially does. The Federal Trade Commission Mr. WYDEN. Mr. President, I ask said there is no need for a Federal price chair testified last week that a study unanimous consent that the order for gouging law no matter how high the of gas price gouging that Congress re- the quorum call be dispensed with. price of gasoline goes. The argument quired the FTC to complete by this The PRESIDING OFFICER. Without was by Ms. Majoras that gasoline price month would not be ready until next objection, it is so ordered. gouging is a local issue even if the spring. In effect, the campaign of inac- FEDERAL TRADE COMMISSION NOMINATIONS price gouger is a major multinational tion is now approaching the point of Mr. WYDEN. Mr. President, in the oil company. paralysis where the agency won’t even final hours of this session of the Sen- FTC officials also testified before the deliver promptly on commitments that ate, the Senate is going to approve two Congress that the agency has no au- it has made to study the issue. nominees to the Federal Trade Com- thority to stop price gouging by indi- The agency has continued its pro- mission. I take a few minutes tonight vidual companies. gram with inaction on behalf of gaso- to describe why I want to be on record Despite this clear gap in the agency’s line consumers despite the findings by tonight against the nomination of both authority, the agency has refused to the Government Accountability Office these individuals. say what additional authority it needs that the agency’s policies are raising When it comes to energy, the Federal to go after price gouging, and others prices at the pump. Trade Commission essentially is out of have pressed them to do for years. In May of 2004 the Government Ac- the consumer protection business. Well There are unquestionable efforts in countability Office released a major over a year ago, I released a report doc- the private marketplace to exploit con- study showing how oil industry merg- umenting the Federal Trade Commis- sumers, and it didn’t start with Hurri- ers and the Federal Trade Commission

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.109 S16DEPT1 S13748 CONGRESSIONAL RECORD — SENATE December 16, 2005 allowed to go through in the 1990s sub- become more concentrated and that in In areas other than energy, the Fed- stantially increased concentration in these concentrated markets individual eral Trade Commission, in my view, the oil industry and increased gas firms can raise prices and extract mo- has made a significant contribution to prices for consumers by as much as 7 nopoly profits, the Federal Trade Com- protecting consumers. In other areas, cents per gallon on the west coast. mission has failed to take effective ac- the Federal Trade Commission has not Specifically, the Government Ac- tion to check oil industry mergers. In hesitated to move aggressively on be- countability Office found that during the vast majority of cases, the Federal half of the consuming public. To give the 1990s the Federal Trade Commis- Trade Commission took no action at one example, the Federal Trade Com- sion allowed a wave of oil industry all. mission created a Do Not Call Program mergers to proceed, that these mergers The Federal Trade Commission’s in- to prevent consumers from being has- had substantially increased concentra- action on oil mergers is once again a sled at home. With its Do Not Call Pro- tion in the oil industry, and that al- front burner issue with the recent an- gram, the agency pushed to protect most all of the largest of the oil indus- nouncement that ConocoPhillips, an consumers to the limits of its author- try mega mergers examined by the oil company formed from a series of ity and even went beyond what the auditors each had increased gasoline mergers the Federal Trade Commission courts say it had authority to do. prices. Essentially, the Government allowed, is acquiring Burlington Re- For some reason, in the case of en- Accountability Office found that the sources to create one of the largest ergy, the Federal Trade Commission Federal Trade Commission’s policies U.S. natural gas producers. Many in had a regulatory blind spot. That has on mergers had permitted serial price the oil and gas industry expect this been true, I am sad to report, in both gouging. merger announcement will lead to a Democrat and Republican administra- Two years ago, when current Federal similar wave of consolidation in the tions. It is a bipartisan blind spot that Trade Commission Chair Deborah natural gas industry. This, in turn, will keeps the agency from looking out for Majoras last came before the Senate lead to greater consolidation of the in- the millions of Americans who con- for confirmation, I asked a response to dustry and fewer choices for con- sume gasoline and gas products every the report done by the independent sumers. single day. government auditor. Despite her prom- In addition to the inaction on merger The Federal Trade Commission will ise to do so, I have yet to receive any issues, the Federal Trade Commission not even speak out now on behalf of response from the Chairman of the has also failed to act against proven consumers getting gouged at the gas Federal Trade Commission. areas of anticompetitive activity. pump. The agency will not use its bully The Government Accountability Of- Major oil companies are charging, in pulpit to even say that record high gas fice is not alone in documenting how some instances, dealers’ discrimina- prices are an issue of concern that they Government regulators have been miss- tory ‘‘zone prices’’ that make it impos- will be looking at closely. ing in action when it comes to pro- sible for dealers to compete fairly with The FTC approach on gas prices is tecting our consumers at the gas pump. company-owned stations or even other one, in my view, that must change. I do Since 2001, oil industry mergers total- dealers in the same geographic area. not intend to support the business-as- ling more than $19 billion have gone With zone pricing, one oil company usual approach on energy that has been unchallenged by the Federal Trade sells the same gas to its own brand sta- seen too long at the Federal Trade Commission, according to a recent ar- tions at different prices. The cost to Commission. I have met with both the ticle in Bloomberg News. The article the oil company of making the gas is nominees to the Federal Trade Com- also reported that these unchecked the same. In many cases, the cost of mission, Mr. William Kovacic and Mr. mergers may have contributed to the delivering that gas to the service sta- Thomas Rosch. I also asked them to highest gasoline prices in the past 20 tion is the same, but the price the sta- provide me their views in writing in an years. effort to find out whether they would According to the Federal Trade Com- tion pays is not the same. And the sta- mission’s own records, the agency im- tion that pays the higher price is not push the Commission to take a dif- posed no conditions on 28 of 33 oil able to compete, and eventually that ferent approach from its long history mergers since 2001. You can see the re- station goes out of business and there of inaction in this area. Unfortunately, neither of these indi- sults of the Federal Trade Commis- is further concentration in that par- viduals provided me with any compel- sion’s inaction at gas stations in Or- ticular community’s market. ling evidence that they are committed egon and across the country. Nation- Another example of anticompetitive to and will, in fact, work aggressively wide, the Government Accountability practices that now occur in gas mar- to change the culture of inaction at the Office found between 1994 and 2002, gas- kets is a practice known as redlining. oline market concentration increased This involves oil companies making Federal Trade Commission with re- in all but four States. As a result of the certain areas off limits to independent spect to consumer protection in the en- Government’s merger policies, 46 gas distributors, known as jobbers, who ergy field. Despite this prior statement about States now have gasoline markets with bring competition to a particular area. how oil companies with market power moderate or high concentration, com- The Federal Trade Commission’s own could gouge with impunity, Mr. pared to only about half that just 10 investigation of west coast gas mar- Kovacic, the former Trade Commission years ago. kets found that the practice of red- The Federal Trade Commission, oil lining was rampant on the west coast, general counsel, failed to identify any industry officials, and consumer groups but the Federal Trade Commission con- new authority the Federal Trade Com- all agree in these concentrated mar- cluded that it could only take action to mission needed to close the regulatory kets oil companies do not need to stop this anticompetitive practice if gap. On the question of whether the collude in order to raise prices. The the redlining was the result of out and Federal Trade Commission needed Federal Trade Commission’s former out collusion, a standard that is almost added authority to address mergers in general counsel, William Kovacic, has impossible to prove. the petroleum industry that the GAO said: In my home State, one courageous found had increased gasoline prices, It may be possible in selected markets for gasoline dealer took on the major oil Mr. Kovacic wrote: individual firms to unilaterally increase companies and won a multimillion-dol- I do not have any specific preliminary in prices. lar court judgment in a case that in- mind at the moment. In other words, the Federal Trade volved redlining. This dealer gave the Mr. Kovacic was more constructive Commission’s general counsel basically evidence that was used to win his case on the question of whether there were admitted that oil companies in these in court to the Federal Trade Commis- other ways the FTC’s statutory author- markets can price gouge with impu- sion. The Federal Trade Commission, ity might be enhanced. He suggested nity. Mr. Kovacic is one of the two the premier consumer protection agen- Federal antitrust laws could be en- nominees for the Federal Trade Com- cy of the Federal Government, failed to hanced by encouraging whistleblowers mission who is now before the Senate. do anything to help this dealer or to to reveal illegal conduct by adding qui Despite all of this evidence that gaso- reign in the anticompetitive practices tam mechanisms that allow the whis- line markets around the country have at issue. tleblowers to receive a percentage of

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.111 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13749 the funds the government recovers reason continues to sit on their hands mittee, and Senators BIDEN and KEN- from wrongdoers. I certainly agree a when it relates to energy. NEDY for their hard work and steadfast qui tam mechanism could provide a I want things to change at the Agen- support for crafting this compromise useful supplement to Government over- cy. I want to see a more aggressive ap- legislation. I want to especially recog- sight in many areas. It is not a sub- proach on behalf of energy consumers. nize Senator BIDEN for his longstanding stitute for the Federal Trade Commis- I am not convinced that anything will commitment to finding ways to help sion doing its job. And Mr. Kovacic did change if Mr. Kovacic or Mr. Rosch is end violence against women and chil- not identify any way the Federal Trade appointed to the Federal Trade Com- dren, and his leadership in helping Commission’s own approach to the oil mission. Both of these individuals are bring the Violence Against Women Act industry would change. Given the Fed- going to get approved by the Senate in to the floor and in ensuring that its eral Trade Commission’s record, given the last few hours of this session. vital programs continue. what they have done in the last few It is my hope, in wrapping up—I see House Judiciary Committee Chair- years, essentially being AWOL when it the Senator from Pennsylvania on the man SENSENBRENNER and Ranking comes to energy, Mr. Kovacic’s pro- floor, who has patiently waited—it is Member CONYERS deserve much credit posal essentially amounts to con- my hope that these two individuals, as well for working so closely with us tracting out the Federal Trade Com- Mr. Rosch and Mr. Kovacic, will prove in a bipartisan manner to pass legisla- mission’s enforcement authority in that I am incorrect in the judgments I tion in the House of Representatives. It this area. make tonight. I hope they will be ag- is no easy task to take two large legis- Now, I personally believe that the gressive. I hope they will look for op- lative measures and combine them into Federal Trade Commission itself needs portunities to stand up for the con- a single bipartisan, bicameral agree- to be an aggressive watchdog, looking sumer. I hope they will change this ment. That is exactly what we have out for consumers at the gas pump, not course of inaction that has been laid done, and we have achieved this mile- passively waiting for an industry whis- out by Ms. Majoras. If those two indi- stone because we had the willingness of tleblower to come forward with smok- viduals, Mr. Kovacic and Mr. Rosch, everyone involved to negotiate in good ing-gun evidence before taking action. take those kinds of steps, if they take faith to see VAWA and the Justice De- That is why I find, at this point, no evi- the kinds of steps I have advocated to- partment authorization bill ushered dence that Mr. Kovacic would bring a night—to stand up for the energy con- into law this year. different kind of outlook to the Fed- sumer in this country—they will have I would like to highlight several of eral Trade Commission’s work in the my full support. the provisions of this bipartisan meas- energy field. Mr. President, I yield the floor and ure—a bill that combines the Violence Now, the other nominee, Mr. Rosch, suggest the absence of a quorum. Against Women Act, S. 1197, as passed had a more interesting proposal. He The PRESIDING OFFICER (Mr. by the Senate, and the Department of suggests restoring the Federal Trade COLEMAN). The clerk will call the roll. Justice Appropriations Authorization Commission’s authority to challenge The assistant journal clerk proceeded Act, for Fiscal Years 2006 through 2009, unilateral conduct affecting competi- to call the roll. H.R. 3402, as passed by the House. tion, authority that the Federal Trade Mr. SANTORUM. Mr. President, I The enactment of the Violence Commission had prior to 1994. That ask unanimous consent that the order Against Women Act more than a dec- would be a good first step toward clos- for the quorum call be rescinded. ade ago marked an important national ing the existing gap in the Agency’s The PRESIDING OFFICER. Without commitment to survivors of domestic regulatory authority. objection, it is so ordered. violence and sexual assault. I am proud Had Mr. Rosch ended his letter to me f to join Senators BIDEN, HATCH, SPEC- at that point, I would have been willing TER and others as an original cosponsor to support his nomination. However, he DEPARTMENT OF JUSTICE APPRO- of our reauthorization effort. The bill went on to undercut his case when it PRIATIONS AUTHORIZATION ACT, that passed the Senate had 58 cospon- came to anticompetitive practices in a FISCAL YEARS 2006 THROUGH sors. Enactment of this measure will key area: zone pricing. In effect, before 2009 further our goal of ending domestic vi- taking any action to deal with this Mr. SANTORUM. Mr. President, I olence, dating violence, sexual assault, particularly egregious and anti- ask unanimous consent that the Com- and stalking. competitive practice, Mr. Rosch argued mittee on the Judiciary be discharged Earlier in my career as a prosecutor for waiting for the outcome of a pend- from further consideration of H.R. 3402 in Vermont, I witnessed the dev- ing court case and for recommenda- and the Senate proceed to its imme- astating effects of domestic violence. tions of the Antitrust Modernization diate consideration. Violence and abuse affect people of all Commission. So he was, in effect, say- I ask unanimous consent that the walks of life, regardless of gender, race, ing, as the Federal Trade Commission amendment at the desk be agreed to, culture, age, class or sexuality. Such says again and again and again in the the bill, as amended, be read a third violence is a crime and it is always energy field, that he wants more time time and passed, the motion to recon- wrong, whether the abuser is a family to study, which means more delay and sider be laid upon the table, and any member, someone the victim is dating, more inaction as it relates to pro- statements relating to the measure be a current or past spouse, boyfriend, or tecting consumers from anticompeti- printed in the RECORD. girlfriend, an acquaintance, or a tive practices. The PRESIDING OFFICER. Without stranger. It is my view that we have had objection, it is so ordered. The National Crime Victimization enough delay and enough study when it The amendment (No. 2681) was agreed Survey estimates there were 691,710 comes to the anticompetitive practices to. non-fatal, violent incidents committed of the oil industry. I do not intend to (The amendment is printed in today’s against victims by current and former support business as usual at the Agen- RECORD under ‘‘Text of Amendments.’’) spouses, boyfriends or girlfriends—also cy, and I am not going to support busi- Mr. LEAHY. Mr. President, I am known as intimate partners—during ness-as-usual nominees to be FTC Com- pleased that the Senate is finally pass- 2001. Of those incidents, 85 percent were missioners. I intend to continue to ing H.R. 3402, as amended—a carefully against women. The rate of non-fatal raise my concerns as long as the Fed- crafted, bipartisan, bicameral com- intimate partner violence against eral Trade Commission continues to promise to provide for the comprehen- women has fallen steadily since 1993, duck aggressive consumer protection sive reauthorization of both the Vio- when the rate was 9.8 incidents per efforts in an area that, for reasons that lence Against Women Act, VAWA, and 1,000 people. In 2001, the number fell to I cannot fully explain to the Senate, the programs and authorities under the 5.0 incidents per 1,000 people, nearly a they are simply unwilling to take up. jurisdiction of the Department of Jus- 50 percent reduction, but still unac- This Agency, which is willing to step tice, DOJ. It has been a long time in ceptably high. Tragically, however, the in in a variety of areas, such as ‘‘do not coming. survey found that 1,600 women were call,’’ stretches their authority to the I thank Senator SPECTER, the Chair- killed in 1976 by a current or former limits and then even beyond, for some man of the Senate Judiciary Com- spouse or boyfriend, while in 2000 some

VerDate Aug 31 2005 06:05 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.111 S16DEPT1 S13750 CONGRESSIONAL RECORD — SENATE December 16, 2005 1,247 women were killed by their inti- tained commitment will bring about In the 107th Congress, we properly mate partners. significant improvements in rural authorized appropriations for the en- According to the annual Vermont areas to the lives of those victimized tire Department of Justice for the first Crime Report, the number of forcible by domestic and sexual violence. time since 1979. We had extended that rapes reported in Vermont rose in 2004 The Rural Grants Program section of authorization in 1980 and 1981, but until to the highest level in seven years, VAWA 2005 reauthorizes and expands 2002 neither had Congress passed nor while the amount of violent crime re- the existing education, training and the President signed an authorization mained unchanged and overall crime services grant programs that address bill for the Department. In fact, there fell by about 5 percent from 2003. Re- violence against women in rural areas. were a number of years in which Con- ported incidents of rape rose by 58 per- This provision renews the rural VAWA gress failed to consider any Depart- cent, from 117 in 2003 to 185 in 2004. The program, extends direct grants to state ment authorization bill. This 26-year average age of the victim was 21, and 47 and local governments for services in failure to properly reauthorize the De- percent of victims were younger than rural areas and expands areas to in- partment forced the Appropriations 18 years old. In 74 percent of the cases clude community collaboration committees in both chambers to reau- the perpetrator was an acquaintance of projects in rural areas and the creation thorize and appropriate money. the victim, and in a quarter of the or expansion of additional victim serv- We ceded the authorization power to cases the defendant was a family mem- ices. This provision includes new lan- the appropriators for too long, but in ber or intimate partner of the victim. guage that expands the program cov- the 107th Congress Senator HATCH and In only 1 percent of the cases was the erage to sexual assault, child sexual as- I joined forces with House Judiciary perpetrator a stranger. These figures in sault and stalking. It also expands eli- Chairman SENSENBRENNER and Rank- my home state raise significant con- gibility from rural states to rural coming Member CONYERS to create and cern because violent crime has declined munities, increasing access to rural pass bipartisan legislation that re- nationwide during that same time pe- sections of otherwise highly populated affirmed the authorizing authority and riod. Numbers like these are why reau- states. This section authorizes responsibility of the House and Senate thorizing VAWA is so vital. $55,000,000 annually for 2006 through Judiciary Committees—the ‘‘21st Cen- Our Nation has made remarkable 2010, an increase of $15 million per tury Department of Justice Appropria- year. progress over the past 25 years in rections Authorization Act,’’ Public Law The second grant program initiative ognizing that domestic violence and 107–273. A new era of oversight began on which I have focused is the Transi- sexual assault are crimes. We have re- tional Housing Assistance Grants for with that new charter for the Justice sponded with better laws, social sup- Victims of Domestic Violence, Dating Department, with the Senate and port and coordinated community re- Violence, Sexual Assault or Stalking. House Judiciary Committees taking sponses. But millions of women, men, This program, which became law as more-active new roles in setting the children and families continue to be part of the PROTECT Act of 2003, au- priorities and monitoring the oper- traumatized by abuse, leading to in- thorizes grants for transitional housing ations of the Department of Justice, creased rates of crime, violence and and related services for people fleeing the FBI and other law enforcement suffering. domestic violence, sexual assault or agencies, and that bill helped our over- The Violence Against Women Act has stalkers. At a time when the avail- sight duties in many ways. And, as we provided aid to law enforcement offi- ability of affordable housing has sunk have learned in recent years, the fight cers and prosecutors, helped stem do- to record lows, transitional housing for against terrorism makes constructive mestic violence and child abuse, estab- victims is especially needed. Today oversight more important than ever be- lished training programs for victim ad- more than 50 percent of homeless indi- fore. vocates and counselors, and trained viduals are women and children fleeing Earlier this year, House Judiciary probation and parole officers who work domestic violence. We have a clear Committee Chairman SENSENBRENNER with released sex offenders. Now Con- problem that is in dire need of a solu- and Ranking Member CONYERS au- gress has the opportunity to reauthor- tion. This program is part of the solu- thored and shepherded through the ize VAWA and make improvements to tion. House of Representatives a new De- vital core programs, tighten criminal Transitional housing allows women partment of Justice Appropriations penalties against domestic abusers, and to bridge the gap between leaving vio- Authorization Act for Fiscal Years 2006 create new solutions to other crucial lence in their homes and becoming self- through 2009, H.R. 3402. I commend aspects of domestic violence and sexual sufficient. VAWA 2005 amends the ex- both Chairman SENSENBRENNER and assault. This is an opportunity to help isting transitional housing program by Ranking Member CONYERS for working treat children victims of violence, aug- expanding the current direct-assistance in a bipartisan manner to pass that ment health care for rape victims, hold grants to include funds for operational, legislation in the House of Representa- repeat offenders and Internet stalkers capital and renovation costs. Other tives. It is on that comprehensive au- accountable, and help domestic vio- changes include providing services to thorization of the Justice Department lence victims keep their jobs. victims of dating violence, sexual as- that the bipartisan, bicameral com- Included in this bill are reauthoriza- sault and stalking; extending the promise the Senate now considers was tions of two programs I initially au- length of time for receipt of benefits to built. thored that are vital to helping rural match that used by Housing and Urban The bill we are considering today not communities battle domestic violence Development transitional housing pro- only authorizes appropriations for the in a setting in which isolation can grams; and updating the existing pro- Justice Department for fiscal years make it more difficult for both victims gram to reflect the concerns of the 2006 through 2009, but also provides per- and law enforcement. In a small, rural service provision community. The pro- manent enabling authorities to allow state like Vermont, our county and vision would increase the authorized the Department to efficiently carry out local law enforcement agencies rely funding for this grant program from its mission, clarifies and harmonizes heavily on cooperative, interagency ef- $30,000,000, to $40,000,000. existing statutory authority, and re- forts to combat and solve significant The reauthorization of VAWA is an peals obsolete statutory authorities. It problems. That is why I sought to in- important part of our efforts to in- establishes certain reporting require- clude the Rural Domestic Violence and crease awareness of the problem of vio- ments and other mechanisms intended Child Victimization Enforcement lence, to save the lives of battered to better enable the Congress to over- Grant Program as part of the original women, rape victims and children who see DOJ operations. VAWA. This program helps make serv- grow up with violence and to continue In addition to the important over- ices available to rural victims and chil- progress against the devastating trag- sight tools provided in the bill, there dren by encouraging community in- edy of domestic violence. I look for- are many additional sound provisions volvement in developing a coordinated ward to seeing it signed into law and designed to improve the administration response to combat domestic violence, thus strengthen the prevention of vio- of programs within the Justice Depart- dating violence and child abuse. Ade- lence against women and children and ment. For example, in Section 1111 we quate resources combined with sus- its devastating costs and consequences. eliminate duplication by consolidating

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.046 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13751 the Local Law Enforcement Block to set aside up to 5 percent of the total of all sizes. Few things mean more to Grant, LLEBG, program and the Byrne amount made available for Byrne for- me than when I meet Vermont police Formula Grant Program into one pro- mula grants for States or local govern- officers and they tell me that the program—the Edward Byrne Memorial ments to combat, address or otherwise tective vests they wear were made pos- Justice Assistance Grant Program— respond to precipitous or extraordinary sible because of this program. This is with the same purposes and simplified increases in crime; or to prevent, com- the least we should do for the officers administration. We authorize funding pensate for or mitigate significant pro- on the front lines who put themselves for this program at $1.095 billion in FY grammatic harm resulting from oper- in danger for us every day. I want to 2006, which is $678.5 million—or 62 per- ation of the new Byrne formula. make sure that every police officer cent—more than the actual amount ap- We increase the authorization for who needs a bulletproof vest gets one. propriated, and such sums as may be grants to drug courts to $70 million for I am also pleased that we include a $4 necessary for each of fiscal years 2007 each of fiscal years 2007 and 2008. In ad- million authorization for SEARCH’s through 2009. dition, we provide for targeted tech- National Technical Assistance and I am a longtime supporter of the Ed- nical assistance and training by the Training Program. SEARCH is the only ward Byrne Memorial State and Local newly created Community Capacity no-cost service for small- and medium- Law Enforcement Assistance Program Development Office to assist applicants sized criminal justice agencies nation- and the LLEBG Program, both of in how to successfully pursue grants wide to assist them in enhancing and which have been continuously targeted under the program, and to strengthen upgrading their information systems, for elimination by this Administration. existing State drug court systems. building integrated information sys- As a senator from a rural State that Under that technical assistance and tems that all criminal justice agencies relies on these grants to combat crime, training, the Community Capacity De- need, and ensuring compatibility be- I have been concerned with the Presi- velopment Office will consider and re- tween local systems and State, re- dent’s proposals for funding and pro- spond to the unique needs of rural gional and national systems. gram eliminations of these well-estab- States, rural areas and rural commu- I thank my colleagues again for sup- lished grant programs. Our legislation nities that wish to implement and en- porting the final passage of this com- makes clear that the same authorized hance drug court systems. promise package so that all of this bi- funding levels and uses will be avail- I am pleased that this compromise partisan and bicameral work, as well as able under the new, consolidated grant package provides an extension through all the good that this legislation will program as under the previous ones. 2009 for the Campbell-Leahy Bullet- do, will reach the President’s desk and When we began negotiations with the proof Vest Partnership Grant Program, become law. And again I particularly House on the Justice Department au- an existing matching grant program want to thank Senate Judiciary Chair- thorization portion of this package, I authorized at $50 million to help State, man SPECTER and Senators BIDEN and expressed to Congressman SENSEN- tribal, and local jurisdictions purchase KENNEDY, who worked so hard to help BRENNER my concerns that a combina- armor vests for use by law enforcement construct a good, fair and balanced tion of the merger of and drastic fund- officers. ing cuts to these programs will cause Our former colleague, Senator Camp- compromise. Likewise, I want to thank smaller states to lose the assistance on bell, and I authored the Bulletproof Chairman SENSENBRENNER and Rep- which they rely to prevent and control Vest Grant Partnership Act of 1998 in resentative CONYERS of the House Judi- crime and improve the criminal justice response to the tragic Carl Drega ciary Committee for working with us system. In rural states, the State Ad- shootout in 1997 on the Vermont-New to conclude these negotiations so suc- ministering Agency and state agencies Hampshire border, in which two State cessfully. are the local criminal justice re- troopers who did not have bulletproof The staffs of these Members must sources; they are more than just state vests were killed. The Federal officers also be recognized for their tireless level actors. Additionally, more often who responded to the scenes of the work around the clock to bring so than not our rural States are ground shooting spree were equipped with life- many pieces together into a winning zero for the rapidly increasing meth- saving body armor, but the State and package. In particular, the House Judi- amphetamine manufacturing and dis- local law enforcement officers lacked ciary Committee staff has been enor- tribution. It is on Byrne funding that protective vests because of the cost. mously helpful, including Phil Kiko, rural States and small towns rely to Two years later, we successfully passed Katy Crooks, Brian Benczkowski, stem the scourge of methamphetamine. the Bulletproof Vest Partnership Grant George Fishman, Cindy Blackston, Byrne funding is the backbone of Act of 2000, and in the closing days of Perry Apelbaum, Sampak Garg, Stacey counterdrug enforcement and prosecu- the last Congress we again successfully Dansky and Kristin Wells. The Senate tion efforts in Vermont. Over the extended the program’s authorization Judiciary Committee staff has shown years, Vermont has been able to sup- through 2007 by including it in the outstanding commitment to this legis- port a broad spectrum of projects with- State Justice Institute Reauthoriza- lation. I want to thank Mike O’Neill, in corrections, courts, training, tion Act, Public Law 108–372. Brett Tolman, Lisa Owings, Joe forensics, and domestic violence and Year after year, the Bulletproof Vest Jacquot, Juria Jones and Hannibal victim services. Chances are none of Partnership Program saves the lives of Kemerer with Chairman SPECTER; Lou- these initiatives will be possible under law enforcement officers nationwide by isa Terrell, Eric Rosen and Marcia Lee the new Byrne program formula be- providing more help to State and local with Senator BIDEN; and Janice cause of the drop in funding level and law enforcement agencies to purchase Kaguyutan and Christine Leonard with funding distribution method. Since FY body armor. Since its inception in 1999, Senator KENNEDY. Last, but by no 2004, after which the new formula was this highly successful DOJ program has means least, I want to commend mem- applied, Byrne funds to Vermont have provided law enforcement officers in bers of my own staff—Bruce Cohen, Ed dropped by more than $1.2 million, or 16,000 jurisdictions nationwide with Pagano, Tara Magner, Matt Nelson and 61 percent. Clearly, the Byrne program nearly 350,000 new bulletproof vests. In Jessica Berry—for their unfailing sup- affords States and communities the Vermont, more than 150 municipalities port for these provisions, and for their ability to use funding for a variety of have been fortunate to receive funding hard work in bringing this compromise crime-fighting activities, but unfortu- for the purchase of 1,400 vests. Without package to the floor. nately not the means. the Federal funding given by this pro- I look forward to both Senate and I appreciate the willingness of Con- gram, I daresay there would be close to House passage of this bipartisan, bi- gressman SENSENBRENNER to work with that number of police officers without cameral package to reauthorize the Vi- me during our negotiations to find a vests in Vermont today. olence Against Women Act and the De- solution to ease the loss of Byrne We know that body armor saves partment of Justice. Mr. President, grants by small rural States during lives, but the cost has put these vests this is an important piece of legisla- these tough fiscal times. The agree- out of the reach of many of the officers tion that will make a difference in the ment we came to provides for reserved who need them. This program makes it lives of millions of Americans, and it funds that allow the Attorney General more affordable for police departments deserves our full support.

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.047 S16DEPT1 S13752 CONGRESSIONAL RECORD — SENATE December 16, 2005 Mr. BROWNBACK. Mr. President, I practices, from ‘‘satisfaction guaran- I ask unaminous consent the memo- applaud the sponsors of this bill to re- tees’’ or ‘‘shopping cart’’ features on randum be printed in the RECORD. authorize the Violence Against Women agency web sites to so-called ‘‘romance There being no objection, the mate- Act for their tireless leadership in the tours’’ overseas that virtually line up rial was ordered to be printed in the campaign to end the abuse of women. several hundred women recruits for in- RECORD, as follows: In particular, I thank them for their spection by a dozen male clients during ILLUSTRATIVE CASES OF WOMEN AND THEIR foresight in incorporating the Inter- a single ‘‘mixer,’’ make perfectly clear CHILDREN EXPLOITED AND ABUSED THROUGH national Marriage Broker Regulation that the woman is the commodity pro- THE INTERNATIONAL MARRIAGE BROKER IN- Act of 2005 ‘‘IMBRA’’ as one of its sub- vided for the male client’s consump- DUSTRY titles. This important piece of legislation. An inevitable and dangerous Alabama: Thomas Robert Lane was tion, which I introduce with Senator charged with the murder of his estranged sense of ownership by the men in their Filipina wife, Teresa Lane. Teresa’s body MARIA CANTWELL in the Senate, is in- costly investments can develop. Sev- was discovered in a bathtub filled with run- tended to address Congress’ concerns eral highly publicized murders of ning water. Authorities found evidence that about a significant and growing prob- women by husbands whom they met Lane drowned his wife by pinning her under lem: the high incidence of violent through IMBs highlight a growing na- the water with his foot. A forensic physician abuse of foreign women brought to this tionwide trend of abuse. A 2003 survey determined that Teresa was also subjected to country as fianceés or spouses by conducted by the Tahirih Justice Cen- blunt force trauma. During the couple’s sep- American men whom they meet ter found that over 50 percent of pro- aration, Lane had been trying to arrange to through for-profit international mar- marry yet another woman from the Phil- grams providing legal services to bat- ippines. riage brokers ‘‘IMBs,’’ commonly tered immigrant women nationwide California: Marilyn Carroll married known as ‘‘mail-order bride’’ agencies. had served women battered by men Steffan Carroll in the Philippines in 1988. After learning from the Tahirih Jus- whom they had met through IMBs. One year later, he traveled to Thailand to tice Center and other front-line experts Third, women who are recruited by marry another young woman, Preeya. Before about the terrible circumstances in IMBs are at a tremendous informa- marrying his second wife, Carroll assured her which many of these women find them- tional disadvantage that a brutal pred- that it was legal in California to have two selves, I convened a hearing of the Sen- ator can exploit. These foreign fianceés wives. The bigamous marriage ended when ate Foreign Relations Committee in and spouses often are unable to obtain Marilyn called the police to report that Car- roll had sexually assaulted her—restraining July 2004 to call attention to the abuse reliable information about the crimi- her with thumbcuffs and other devices dur- and exploitation of women and their nal and marital histories of their ing the attack. Carroll was charged with children through this industry. Since it American fianceés and spouses, and are bigamy and false imprisonment. comes as a great surprise to many peo- unaware of the legal rights and re- Georgia: Shortly after Katerina Sheridan, ple that such agencies actually exist in sources available to victims of domes- a young woman from Siberia, married Frank the modem day, that are legal in this tic violence in the U.S. An all-too-com- Sheridan, he kept her a virtual prisoner, for- country, and that they are on the rise, mon result is that women from across bidding her to keep her own set of house not the decline, I want to share some keys, and taking away her visa, passport, the globe are exploited across this and birth certificate. Later, he also took further background that will explain country, as a brief memorandum from away her cell phone and cut all the phone why it is so important that Congress the Tahirih Justice Center explains, lines in the house. He flew into violent rages, has acted today to compel the industry and which I will have printed in the on one occasion beating Katerina and drag- and its clients to clean up their act. CONGRESSIONAL RECORD. ging her around the house by her legs. After First, this is an increasing problem. The information requirements estab- several such incidents, Katerina told him The IMB industry has exploded in re- lished by this subtitle are designed to that she wanted to go back to Russia. In recent years, greatly facilitated by the require disclosure of the kinds of taliation, Sheridan stabbed himself and then Internet. According to statistics from criminal convictions in the background accused her of doing it to get her thrown in jail. Later, Katerina managed to make it to the U.S. Citizenship and Immigration of a petitioning American fiance´ or a women’s shelter, but Sheridan stalked her Services, an estimated one-third to spouse that indicate he could be prone relentlessly and tried to get her detained and one-half of all foreign fianceés admit- to domestic violence. This will enable a deported. When police went to arrest Frank ted to the U.S. each year—9,500 to foreign woman to make an informed for aggravated stalking, they discovered he 14,500 women in 2004 alone—and many decision about coming to this country was in Russia looking for a new bride. thousand more admitted foreign wives, for marriage to an American man, in Months later, when an officer went to arrest have met their American husbands advance, with her safety and that of Sheridan for another stalking-related crime, through IMBs. The number of foreign her children in mind. The provisions of he shot the officer. The deputy returned fire and killed Sheridan. fianceés admitted to the U.S. more this subtitle would also provide her Hawaii: The mutilated body of a young than doubled between 1998 and 2002, and with information about where she can Filipina woman, Helen Mendoza Krug, was continues to climb. turn for help, including vital safety found in a garbage dumpster behind her Second, the industry bears signifi- nets and social services available to do- high-rise apartment building. The murder cant responsibility for women’s vulner- mestic violence and sexual assault vic- was committed in front of her 2-year-old son ability to abuse, and has done little if tims, if she experiences abuse at the by her husband, Robert Krug, whom she had anything on its own initiative to safe- hands of her American fiance´ or met through an IMB. Krug was sentenced to guard them. Over a half-decade ago, life in prison. spouse. Kentucky: ‘‘Dina’’ corresponded with her the then-Immigration and Naturaliza- A simple but incredibly powerful husband ‘‘Paul,’’ an anesthesiologist, for sev- tion Service concluded in a report to premise drives these provisions: that eral months before she agreed to marry him Congress that, ‘‘with the burgeoning this information can help a woman when he visited her and her family in Ethi- number of unregulated international help herself, help her save herself or opia. When she came to the United States, matchmaking organizations and cli- her child from becoming the next vic- however, Paul took Dina’s money and pass- ents using their services, the potential tim of a predatory abuser. Through port, brought her to a motel (the first of for abuse in mail-order marriages is this information and other safeguards, five), and kept her drugged and imprisoned considerable.’’ The INS study further for weeks while he subjected her to horrific this important legislation will help physical, sexual, and mental abuse. Paul also noted that American men who use prevent those intent on doing women threatened Dina that she, not Paul, would be IMBs tend to seek relationships with harm from perverting and subverting arrested and jailed if she reported him to the women whom they feel they can con- both the institution of marriage and police. Only when Paul left to attend a control. Moreover, the marketing and the immigration process to find new ference for a few days did she regain enough business practices of IMBs also height- victims overseas. consciousness and strength to drag herself to en the risk of abuse by feeding this per- So again, I thank my colleagues for the motel office for help. Paul killed himself ception. Agencies often advertise the their inclusion of these vital protec- before he could be prosecuted. Dina received protection under US trafficking laws. women they recruit as being submis- tions, and thank them, too, on behalf Minnesota: Soon after ‘‘Medina,’’ a Ukrain- sive to male clients, who might pay up of the women and children whom they ian college professor, married ‘‘Thomas,’’ a to several thousand dollars to gain ac- have spared today from tragedies to- well-respected doctor, Thomas turned con- cess to those women. Other industry morrow. trolling and violent. Among other outbursts,

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.049 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13753 he threatened Medina with a knife; kicked policy. Throughout their one-year marriage, Another important section of the bill her in the chest; and even attempted to push John repeatedly physically and emotionally provides greater help to immigrant vic- her out of a moving car. Thomas also slept abused Nina, shaking her violently and in- tims of domestic violence, sexual as- with an ax in his drawer and threatened to sisting that she repeat the commands he sault, trafficking and similar offenses. have her deported if she ever called the po- gave her. He choked, raped, and beat her on lice. Medina left Thomas after he broke her several occasions, ripped a tooth out of her This section will remove the obstacles son’s finger. Today, Medina continues to live mouth, and threatened her with a knife. in our current immigration laws that in constant fear of Thomas, who stalks and When Nina informed the president of the prevent such victims from safely flee- harasses her. Despite knowing about IMB about the abuse, the president said that ing the violence in their lives, and help Medina’s abuse, the IMB facilitated a new Nina’s experience was normal and that many dispel the fear that often prevents match between Thomas and another Ukrain- girls had the same problem. The president them from reporting their abusers to ian woman who also later fled because of said domestic violence is ‘‘just the American appropriate authorities. abuse. Medina was Thomas’ third wife; he culture,’’ and abuse is ‘‘very hard to prove.’’ Eliminating domestic violence is es- had also abused at least one of his prior Washington: Susanna Blackwell met her wives. husband through an IMB called ‘‘Asian En- pecially challenging in immigrant New Jersey: A 26-year-old Ukrainian engi- counters’’ and left the Philippines to settle communities, since victims often face neer named Alla bled to death on the floor of with him in Washington state in 1994. additional cultural, linguistic and im- her car after her husband Lester Barney, 58, Blackwell physically abused Susanna, in- migration barriers to their safety. slashed her throat in front of the couple’s 4- cluding one incident in which he choked her Abusers of immigrant spouses or chil- year-old son, Daniel. Barney fled with Daniel the day after their wedding. Susanna re- dren are liable to use threats of depor- from the scene, the parking lot of the boy’s ported the abuse to the police and obtained tation to trap them in endless years of daycare center, but after an Amber Alert a protection order against him. While await- violence. Many of us have heard hor- was triggered he turned Daniel over to a ing divorce/annulment proceedings in a Se- friend and was himself taken into custody by attle courtroom many months later, the rific stories of violence in cases where police. Alla had been granted a restraining pregnant Susanna and two of her friends the threat of deportation was used order against Barney a few months before were shot to death. Blackwell was convicted against spouses or children—‘‘If you and had been given temporary custody of of murdering all three women. leave me, I’ll report you to the immi- Daniel. Anastasia King, a young woman from gration authorities, and you’ll never New York: Andrew Gole, a former police- Kyrgyzstan, was found strangled to death man from Long Island, was convicted of mur- see the children again.’’ Or the abuser and buried in a shallow grave in Washington says, ‘‘If you tell the police what I did, dering Martha Isabel Moncada on a trip back state in December 2000. At the age of 18, to her home country, Honduras, after she Anastasia was selected by her husband, Indle I’ll have immigration deport you.’’ told him she did not want to return with him King, out of an IMB’s catalogue of prospec- Congress has made significant to the United States. Martha had tried to tive brides. Two years later, wanting another progress in enacting protections for leave the abusive Gole before, but had feared bride and allegedly unwilling to pay for a di- these immigrant victims, but there are losing custody of their newborn son to him. vorce, King ordered a tenant in their Wash- still many women and children whose Gole strangled and dismembered Martha in ington home to kill Anastasia. Weighing lives are in danger. Our legislation does their hotel room in front of their baby and nearly 300 pounds, King pinned Anastasia much more to protect them, and I com- Martha’s disabled son from her first mar- down while the tenant strangled her with a riage, then dumped her remains along the mend the sponsors for making domes- necktie. Both were convicted of murder. tic violence in immigrant communities roadside. Police arrested Gole as he tried to King’s previous wife, whom he had also met flee the country after abandoning the older through an IMB, had a domestic violence an important priority. boy at a gas station. protection order issued against him and left The improvements in immigration Pennsylvania: Though she was trained as him because he was abusive. protections in the bill are designed to an accountant, Norman McDonald compelled Mr. KENNEDY. Mr. President, I help prevent the deportation of immi- his Ukrainian wife to take several waitress strongly support the Violence Against grant victims who qualify for immigra- jobs and rely on him for transportation so he tion relief under the Violence Against would have long stretches of time alone with Women Act of 2005, and I commend her daughter, who was only 3 when the cou- Senator BIDEN, Senator SPECTER, Sen- Women Act (VAWA). It will consoli- ple married. With his wife securely out of the ator LEAHY and Senator HATCH for date adjudications of such immigration house, McDonald showed the toddler porno- their bipartisan leadership on this very cases in a specially trained unit, en- graphic videos of what he wanted to do to important legislation. The current au- hance confidentiality protections for her and then raped her. Two years after the thorization for the act expired on Sep- victims, and offer protection to vulner- abuse started, his wife discovered what tember 30, and it has taken far too long able immigrant victims who had been McDonald was doing and immediately con- to build upon the successes of existing left out of the protections in current tacted the police. Authorities found more anti-violence against women programs law. than 10,000 images of child pornography in Overall, the bill represents major McDonald’s computer and hundreds of video and enhance the safety and security of clips that depicted him having sex with his the victims of domestic violence, dat- new progress in protecting women from stepdaughter. McDonald’s 28-year-old daugh- ing violence, sexual assault, and stalk- violence, and I look forward to early ter from a previous marriage testified that ing. action by the House in this important her father had also abused her as a child. We have a responsibility in Congress reauthorization. Texas: Jack Reeves, a retired U.S. Army to do all we can to eradicate domestic I ask unanimous consent that a more officer, was convicted of killing his fourth violence. Our bill gives the safety of detailed summary of the provisions on wife, Emelita Reeves, a 26-year-old from the immigrants be printed at this point in Philippines whom he met through an IMB women and their families the high pri- the RECORD. called ‘‘Cherry Blossoms.’’ Emelita had con- ority it deserves, and I urge my col- fided to family and friends that Reeves phys- leagues in the House to support it. There being no objection, the mate- ically and sexually abused her, and told This bill eases housing problems for rial was ordered to be printed in the friends she planned to leave him a day before battered women. It also includes new RECORD, as follows. she disappeared. Two of Reeves’ previous funds for training health professionals SECTION 104 wives also died under suspicious cir- to recognize and respond to domestic This section provides important im- cumstances (drowning and suicide). During and sexual violence, and to help public provements to legal services for immi- the investigation into Emelita’s death, the health officials recognize the need as grant victims of domestic violence, State re-opened the investigation into sexual assault, trafficking and other Reeves’ second wife’s death, and obtained a well. The research funds provided by further conviction against him. The State the bill are vital, because we need the crimes. This provision authorizes orga- did not have enough evidence to re-open the best possible interventions in health nizations receiving funds from the investigation into the third wife’s murder care settings to prevent future vio- Legal Services Corporation to use the because Reeves had cremated her body. lence. funds including Legal Services funds to Reeves was also suspected in the mysterious Violence against women can occur at represent any victim of domestic vio- disappearance of a Russian woman with any point in a woman’s life, beginning lence, sexual assault, trafficking or whom he had lived with in 1991. in childhood and taking place in a wide other crimes listed under the U visa Virginia/Maryland: A young Ukrainian medical student named ‘‘Nina’’ married variety of circumstances and settings. provisions of the Immigration and Na- ‘‘John,’’ a U.S. military officer residing in It’s essential for any bill on such vio- tionality Act. Across the country, Virginia whom she met through a Maryland- lence to include girls and young women many immigrant victims have nowhere based IMB with a ‘‘satisfaction guaranteed’’ as well, and this bill does that. to turn for legal help. This section will

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.051 S16DEPT1 S13754 CONGRESSIONAL RECORD — SENATE December 16, 2005 allow Legal Services Corporation-fund- visas, for adjustment of status and em- visa process and to help foreign fiance´s ed programs to represent victims in ployment authorizations, as well as obtain information about their pro- any type of case, including family law, protections under the Haitian Refugee spective U.S. citizen spouse that can public benefits, health, housing, immi- Immigrant Fairness Act and Sections help them protect themselves against gration, restraining orders, and other 202 and 203 of the Nicaraguan Adjust- domestic violence. Citizens filing K legal matters, regardless of the vic- ment and Central American Relief Act. visa fiance´ petitions will be required to tim’s immigration status. The unit also deals with waivers for disclose certain criminal convictions SECTION 805 battered spouses, parole for their chil- on the K visa application for a fiance´ This section assures that self-peti- dren granted VAWA cancellation, and or spouse. tioners under the Act and their chil- parole for approved petitioners under In addition, this section requires the dren are guaranteed all of the Act’s the Act. Secretary of Homeland Security, in aging out protections and any benefits SECTION 818 consultation with the Attorney Gen- they qualify for under the Child Status This section extends confidentiality eral and the Secretary of State to de- Protection Act of 2002, which deals protections to the Department of velop an information pamphlet for K with the lengthy processing backlogs Homeland Security, the Department of visa applicants on the legal rights and which made ‘‘aging out’’ a significant Justice, and the Department of State. available resources for immigrant vic- problem for child beneficiaries who Under these provisions, immigration tims of domestic violence. turned 21 years old. enforcement agents and government Mr. COBURN. Mr. President, the Vio- officials may not use information fur- lence Against Women Act, VAWA, ap- SECTION 813 nished by an abuser, crime perpetrator proved by the Senate today contains an This section deals with cases of im- or trafficker to make an adverse deter- important provision that is intended to migrant victims of abuse who have mination on the admissibility or de- protect women who have already been been ordered removed, or who are sub- portability of an individual. One of the victimized once by sexual assault from ject to expedited removal if they leave goals of this section is to ensure that being assaulted again by either the the U.S. and attempt to reenter the these government officials do not ini- deadly AIDS virus or the legal system country later. Once they are reinstated tiate contact with abusers, call abusers which may deny them potentially life- in removal proceedings, they cannot as witnesses, or rely on information saving information. obtain relief under current law, even if from abusers to apprehend, detain and Section 102 of VAWA now encourages they have a pending application for attempt to remove victims of domestic States to implement laws that provide such relief. This section makes clear violence, sexual assault, trafficking, or victims of sexual assault and rape the that the Secretary of Homeland Secu- other crimes. opportunity to know if the person in- rity, the Attorney General, and the This section gives the specially dicted for the assault is infected with Secretary of State have discretion to trained VAWA unit the discretion to HIV. This new provision will require consent to a victim’s reapplication for refer victims to non-profit non-govern- the Attorney General to reduce the admission after a previous order of re- mental organizations to obtain a range amount of funding provided under Sec- moval, deportation, or exclusion. of needed assistance and services. Re- tion 102 by 5 percent to a State or local SECTION 814 ferrals should be made to programs government that has not demonstrated This section gives the Department of with expertise in providing assistance that laws are in place to allow a victim Homeland Security statutory author- to immigrant victims of violence and to request that a defendant, against ity to grant work authorization to ap- can be made only after obtaining writ- whom an information or indictment is proved self-petitioners under the Act. ten consent from the immigrant vic- presented for a crime in which by force This provision will streamline a peti- tim. or threat of force the perpetrator com- tioner’s ability to receive work author- The section also requires the Depart- pels the victim to engage in sexual ac- ization, without having to rely solely ment of Homeland Security and the tivity, be tested for HIV disease if the upon deferred action as the mechanism Department of Justice to provide guid- nature of the alleged crime is such that through which petitioners receive work ance to officers and employees who the sexual activity would have placed authorization. have access to confidential information the victim at risk of becoming infected The section also grants work author- under this section in order to protect with HIV. The defendant must undergo ization to abused spouses of persons ad- victims of domestic violence, sexual as- the test not later than 48 hours after mitted under the A, E–3, G, or H non- sault, trafficking and other crimes the date on which the information or immigrant visa programs. These from harm that could result from inap- indictment is presented, and as soon spouses have legal permission to live in propriate disclosure of confidential in- thereafter as is practicable the results the United States under their spouses’ formation. of the test must be made available to visas, but they are not entitled to work SECTION 827 the victim. As medically appropriate, authorization under current law. The This section deals with issues under the victim may request follow-up test- spouses and their children are com- the Real ID Act of 2005 which imposes ing of the defendant. If a State or local pletely dependent on the abuser for a new national requirement that all ap- government does not currently allow their immigration status and financial plicants for driver’s licenses or state victims of sexual assault such protec- support, and they often have nowhere identification cards must furnish their tions, assurances must be made to the to turn for help. Financial dependence physical residential address in order to Attorney General that the state legis- on their abusers is a primary reason obtain a federally valid license or iden- lature will bring their laws into com- why battered women are often reluc- tification card. The current require- pliance before the end of their next ses- tant to cooperate in domestic violence ment jeopardizes victims of violence sion or within 2 years. The 5 percent criminal cases. With employment au- who may be living in confidential shel- penalty will not go into effect until the thorization, many abused spouses pro- ters for battered women, or fleeing expiration of the two year extension tected by this section will be able to their abuser. The section instructs the The bill will also now allow Federal work legally, and can have a source of Department of Homeland Security and VAWA funds to be used to pay for HIV income independent of their abusers. the Social Security Administration to testing of sexual assault perpetrators Requests for work authorization by give special consideration to these vic- and notification and counseling pro- these abused spouses will be handled tims by allowing them to use an alter- grams. under the procedures for petitioners nate safe address in lieu of their resi- These provisions are desperately under the Act and the specially trained dence. Our goal here is to guarantee needed to address a real, grievous in- VAWA unit at the Vermont Service the continuing protection and nec- justice that victims of sexual assault Center will adjudicate these requests. essary mobility for these women and are facing in many states. The VAWA unit employs specially- their families. In the summer of 1996, a 7-year-old trained adjudicators who handle peti- SECTION 831 girl was brutally raped by a 57-year-old tions filed by at-risk applicants for re- This section is intended to deter abu- aged man who later told police he was lief under the Act, for T visas, for U sive U.S. citizens from using the fiance´ infected with HIV. The little girl and

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.044 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13755 her 5-year-old brother had been lured quires timely medical attention includ- stitutionality of two state laws that to a secluded, abandoned building in ing prompt testing of the defendant. require sex offenders to undergo HIV the East New York section of Brook- Treatment with AIDS drugs in the im- testing. The ruling followed the case of lyn. The man raped and sodomized the mediate aftermath, usually within 72 three boys who forcibly sodomized a girl. Her brother, meanwhile, was beat- hours, of exposure can significantly re- mentally-retarded 10-year-old girl. At en, tied up, and forced to witness his duce the chance of infection. However, the request of the girl’s guardian, HIV sister’s rape. After the man’s arrest, because of the toxicity and long-term testing was ordered for each of the de- the defendant refused to be tested for side effects, these drugs should not be fendants. The boys’ public defender op- the AIDS virus by the Brooklyn Dis- administered for long periods without posed such testing. The court ruled trict Attorney’s office. His refusal to knowing if HIV exposure has occurred. that the victim’s need to know out- take the test was permitted under Victims can not rely solely on test- weighed the defendants’ rights to pri- State law. ing themselves because it can take vacy and confidentiality. In the spring of 2002, Ramell Rodgers weeks, sometimes months, before HIV repeatedly raped ‘‘Jane,’’ a female New antibodies can be detected. Therefore, In December 1995, a Florida appeals York cab driver at gunpoint. The New testing the assailant is the only timely court upheld the constitutionality of a York Daily News reported at the time manner in which to determine if some- state law allowing judges to order de- that ‘‘Rodgers is in jail awaiting trial, one has been exposed to HIV. Further- fendants charged with rape to submit while ‘Jane’ spends her days vomiting more, rapid tests are now available to HIV testing. Duane Fosman was ar- from drugs she takes to stave off sexu- that can diagnose HIV infection within rested and charged with armed sexual ally transmitted diseases she may have 20 minutes with more than 99 percent battery. At the request of the accuser, contracted in the attack. Officials say accuracy. a Broward County trial judge ordered DNA evidence links Rodgers to the The American Medical Association Fosman to be tested for HIV anti- March 31 assault. According to sources supports this policy because ‘‘early bodies. Under the Florida law, a crime close to the case, he has even admitted knowledge that a defendant is HIV in- victim can ask a judge to order HIV guilt. But he is not required to be test- fected would allow the victim to gain testing of a defendant who has been ed for diseases until he is formally con- access to the ever growing arsenal of charged with any one of 12 offenses, in- victed.’’ new HIV treatment options. In addi- cluding sexual battery. The test results ‘‘Jane’’ is determined to change the tion, knowing that the defendant was are disclosed only to the victim, the law to protect others who have been HIV infected would help the victim defendant and public health authori- victimized by rape and sexual assault. avoid contact which might put others ties. Fosman argued that the testing Disguised in a scarf, wig sunglasses, at risk of infection.’’ and taking of his blood amounted to an she spoke at a New York State Federa- While the HIV infection rate among unreasonable search that violated the tion of Taxi Drivers press conference: sexual assault victims has not been fourth amendment of the U.S. Con- As a precaution, I have to take ‘‘four dif- studied, the National Rape Crisis Cen- stitution. He also said the action vio- ferent medicines [to help protect against ter estimates the rate is higher than lated Article I, Section 23, of the Flor- HIV, chlamydia, herpes and other STDs], and the general population because the vio- ida Constitution, which guarantees a I was told that, unless this guy volunteers lent nature of the forced sexual contact person’s right to be free from Govern- for the test, I had to wait until he was con- increases the chances of transmission. victed.’’ She added: ‘‘If you are assaulted, mental intrusion in his private life. In I was very disappointed that the Na- addition, he asserted that the law is you should have the right to know whether tional Center for Victims of Crime, or not this person has infected you with any- unconstitutional because it doesn’t thing. NCVC and the American Civil Liberties give him an opportunity to rebut the Union, ACLU, opposed this provision. One November evening in 2002, Doris presumption of probable cause. A NCVC claimed that ‘‘mandatory test- Stewart, who was then 64, was awak- three-judge panel of the Court of Ap- ing of sex offenders may not be in the ened from her sleep when she heard a peal, Fourth District, said Fosman’s best interest of the victim/survivor.’’ knock at her front door. When she situation was analogous to blood and The ACLU claimed that ‘‘forced HIV went to the door, a man forced his way urine testing for drug or alcohol use. In testing, even of those convicted of a inside, then raped, sodomized and 1989, the U.S. Supreme Court in Skin- crime, infringes on constitutional robbed her. Stewart’s assault was just ner v. Railway Labor Executive’s Asso- rights and can only be justified by a the beginning of her emotional dis- ciation ruled it was constitutionally compelling governmental interest. No tress. She harbors fears that her assail- permissible to test railroad workers such interest is present in the case of a who were involved in serious train ant may have HIV, but she has no way rapist and his victim because the result of knowing with certainty because Ala- crashes. In a companion case, National of a rapist’s HIV test, even if accurate, Treasury Employees Union v. Von bama is another of the few States that will not indicate whether the rape vic- do not require testing of rape suspects Raab, the high court allowed manda- tim has been infected.’’ tory drug testing, without probable for HIV. Stewart, who was advised by The medical facts are quite obvious cause, of customs employees. Under the rape counselors to wait about 2 months why knowledge of HIV exposure is vital same rationale, the Illinois Supreme before being tested, lived with fear of to victims of sexual assault and it is Court upheld a law which required HIV the unknown for months because it can astonishing that anyone would argue testing of persons convicted of pros- take at least 3 to 6 months for HIV to otherwise. be detected after infection. ‘‘Everybody Claims that providing this informa- titution, and a California appeals court I talk to thinks it’s so unfair that tion to victims would compromise affirmed a law requiring HIV testing of there’s no law in Alabama,’’ said Stew- ‘‘privacy’’ are also quite shocking. Ex- defendants charged with biting or art who has attempted to change the actly whose rights are being protected transferring blood to a police officer. state law to protect future rape vic- by denying a victim of sexual assault In each of the cases, the ‘‘special tims. the right to know if she has been ex- needs’’ of the public outweighed the in- There are countless stories of other posed to the deadly AIDS virus when dividual’s demand that probable cause women and children who have been vic- she was raped? If sufficient evidence be established, the Florida court said. tims of rape and sexual assault who exists to arrest and jail a rape suspect, ‘‘Even if the petitioner had a reason- have been denied access to this poten- the victim should have the right to re- able expectation of privacy, society’s tially life saving information. In some quest that the suspect be tested for interest in preventing members of the circumstances, rape defendants have HIV. public from being exposed to HIV even used HIV status information as a Finally, the claim that testing of in- would be a sufficient compelling state plea bargaining tool to reduce their dicted rapists is unconstitutional is interest to justify the infringement of sentences. also unfounded. Numerous court deci- that right,’’ the court said. It found the As a practicing physician, I believe sions, in fact, have concluded other- law to be ‘‘the least intrusive means’’ that its is vitally important that those wise. to deal with HIV transmission because who have been raped do not also be- In 1997, the New Jersey Supreme blood tests are routine and disclosure come victims of HIV/AIDS, and that re- Court unanimously upheld the con- of test results are limited.

VerDate Aug 31 2005 03:44 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.054 S16DEPT1 S13756 CONGRESSIONAL RECORD — SENATE December 16, 2005 It is my hope that those States that collected and it was not added to NDIS. and one rape that he had committed, do not allow victims of sexual assault And as a result, when Crawford mur- and this June 1998 murder could have the right to know the HIV status of dered a 37-year-old woman on Sep- been prevented. their attacker will update their laws tember 21, 1993, although DNA evidence On August 13, 1998, a 44-year-old and begin protecting the rights of the was recovered from the crime scene, woman was found murdered in an aban- victims rather than the perpetrators. Crawford could not be identified as the doned house on the 900 block of West I also thank Chairman SPECTER and perpetrator. And as a result, Crawford 52nd Street. Her clothes were found in Senator BIDEN for including this im- went on to commit many more rapes the alley. DNA evidence was recovered. portant provision. and murders. That DNA evidence identifies Crawford Mr. KYL. Mr. President, I rise today On December 21, 1994, a 24-year-old as the perpetrator. If the DNA Finger- to comment on the Senate’s passage of woman was found murdered in an aban- print Act had been law, and Crawford’s H.R. 3402, the Violence Against Women doned building on the 800 block of West profile had been collected after his and Department of Justice Reauthor- 50th place in Chicago. DNA evidence March 1993 arrest, he would have been ization Act of 2005. My comments are was recovered. That DNA evidence identified as the perpetrator of the five directed at Title X of the bill, the identifies Crawford as the perpetrator. earlier murders and one rape that he ‘‘DNA Fingerprint Act of 2005.’’ This If the DNA Fingerprint Act had been had committed, and this August 1998 provision is nearly identical to S. 1606, law, and Crawford’s profile had been murder could have been prevented. a bill of the same name that Senator collected after his March 1993 arrest, he Also on August 13, 1998, a 32-year-old Cornyn and I introduced earlier this would have been identified as the per- woman was found murdered in the attic of a house on the 5200 block of year. The DNA Fingerprint Act was petrator of the September 1993 murder, South Marshfield. Her body was decom- added to the Senate version of VAWA and this December 1994 murder could posed, but DNA evidence was recov- reauthorization, S. 1197, in the Senate have been prevented. Judiciary Committee on a Kyl/Cornyn On April 3, 1995, a 36-year-old woman ered. That DNA evidence identifies Crawford as the perpetrator. If the amendment that was accepted by voice was found murdered in an abandoned DNA Fingerprint Act had been law, and vote. I am pleased to see that this pro- house on the 5000 block of South Car- Crawford’s profile had been collected vision has been maintained in the final penter Street in Chicago. DNA evi- after his March 1993 arrest, he would bill. dence was recovered. That DNA evi- have been identified as the perpetrator The DNA Fingerprint Act will allow dence identifies Crawford as the perpe- of the six earlier murders and one rape State and Federal law enforcement to trator. If the DNA Fingerprint Act had that he had committed, and this addi- catch rapists, murderers, and other been law, and Crawford’s profile had tional murder could have been pre- violent criminals whom it otherwise been collected after his March 1993 ar- vented. would be impossible to identify and arrest, he would have been identified as On December 8, 1998, a 35-year-old rest. The principal provisions of the the perpetrator of the two earlier mur- woman was found murdered in a build- bill make it easier to include and keep ders that he had committed, and this ing on the 1200 block of West 52nd the DNA profiles of criminal arrestees April 1995 murder could have been pre- Street. She had rope marks around her in the National DNA Index System, vented. neck and injuries to her face. DNA evi- where that profile can be compared to On July 23, 1997, a 27-year-old woman dence was recovered. That DNA evi- crime-scene evidence. By removing was found murdered in a closet of an dence identifies Crawford as the perpe- current barriers to maintaining data abandoned house on the 900 block of trator. If the DNA Fingerprint Act had from criminal arrestees, the Act will West 51st Street in Chicago. DNA evi- been law, and Crawford’s profile had allow the creation of a comprehensive, dence was recovered. That DNA evi- been collected after his March 1993 ar- robust database that will make it pos- dence identifies Crawford as the perpe- rest, he would have been identified as sible to catch serial rapists and mur- trator. If the DNA Fingerprint Act had the perpetrator of the seven earlier derers before they commit more been law, and Crawford’s profile had murders and one rape that he had com- crimes. been collected after his March 1993 ar- mitted, and this December 1998 murder The impact that this act will have on rest, he would have been identified as could have been prevented. preventing rape and other violent the perpetrator of the three earlier On February 2, 1999, a 35-year-old crimes is not merely speculative. We murders that he had committed, and woman was found murdered on the 1300 know from real life examples that an this July 1997 murder could have been block of West 51st Street. DNA evi- all-arrestee database can prevent many prevented. dence was recovered. That DNA evi- future offenses. In March of this year, On December 27, 1997, a 42-year-old dence identifies Crawford as the perpe- the City of Chicago produced a case woman was raped in Chicago. As she trator. If the DNA Fingerprint Act had study of eight serial killers in that city walked down the street, a man ap- been law, and Crawford’s profile had who would have been caught after their proached her from behind, put a knife been collected after his March 1993 ar- first offense—rather than after their to her head, dragged her into an aban- rest, he would have been identified as fourth or tenth—if an all-arrestee data- doned building on the 5100 block of the perpetrator of the eight earlier base had been in place. This study is South Peoria Street, and beat and murders and one rape that he had com- included in the congressional record at raped her. DNA evidence was recov- mitted, and this February 1999 murder the conclusion of my introduction of S. ered. That DNA evidence identifies could have been prevented. 1606, at 151 Cong. Rec. S9529–9531 (July Crawford as the perpetrator. If the On April 21, 1999, a 44-year-old woman 29, 2005). DNA Fingerprint Act had been law, and was found murdered in the upstairs of The first example that the Chicago Crawford’s profile had been collected an abandoned house on the 5000 block study cites involves serial rapist and after his March 1993 arrest, he would of South Justine Street. DNA evidence murderer Andre Crawford. In March have been identified as the perpetrator was recovered. That DNA evidence 1993, Crawford was arrested for felony of the four earlier murders that he had identifies Crawford as the perpetrator. theft. Under the DNA Fingerprint Act, committed, and this December 1997 If the DNA Fingerprint Act had been the State of Illinois would have been rape could have been prevented. law, and Crawford’s profile had been able to take a DNA sample from In June 1998, a 31-year-old woman collected after his March 1993 arrest, he Crawford at that time and upload and was found murdered in an abandoned would have been identified as the per- keep that sample in NDIS, the national building on the 5000 block of South petrator of the nine earlier murders DNA database. But at that time—and May Street in Chicago. DNA evidence and one rape that he had committed, until this bill may be enacted—Federal was recovered. That DNA evidence and this April 1999 murder could have law makes it difficult to upload an identifies Crawford as the perpetrator. been prevented. arrestee’s profiles to NDIS, and bars If the DNA Fingerprint Act had been And on June 20, 1999, a 41-year-old States from keeping that profile in law, and Crawford’s profile had been woman was found murdered in the NDIS if the arrestee is not later con- collected after his March 1993 arrest, he attic of an abandoned building on the victed of a criminal offense. As a re- would have been identified as the per- 1500 block of West 51st Street. DNA evi- sult, Crawford’s DNA profile was not petrator of the four earlier murders dence was recovered from blood on a

VerDate Aug 31 2005 04:11 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.057 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13757 nearby wall, indicating a struggle. period. This is the same system that tional Immigration Law Center noted That DNA evidence identifies Crawford some States use if an arrestee wants to in its October commentary on this sec- as the perpetrator. If the DNA Finger- have an arrest struck from his record. tion of the Act, ‘‘[u]nder this provision, print Act had been law, and Crawford’s And it is more restrictive of law en- the attorney general could authorize profile had been collected after his forcement than the rule for finger- the Dept. of Homeland Security and its March 1993 arrest, he would have been prints—there is no expungement of fin- immigration agencies to collect DNA identified as the perpetrator of the ten gerprints from the national database, samples from immigrants who are ar- earlier murders and one rape that he even if the arrestee is acquitted or rested and ‘non-United States persons’ had committed, and this additional charges are dismissed. who are detained under the authority murder could have been prevented. The bureaucratic burden imposed by of the United States.’’ And as the As the City of Chicago case study the current system discourages States NILC’s commentary also notes, the concludes: from creating and maintaining com- word ‘‘‘detained’ covers a wide spec- In January 2000, Andre Crawford was prehensive, all-arrestee DNA data- trum of circumstances. The dictionary charged with 11 murders and 1 Aggravated bases. It also effectively precludes the definition of ‘detained’ is to keep from Criminal Sexual Assault. If his DNA sample creation of a genuine national all-ar- proceeding or to keep in custody or had been taken on March 6, 1993, the subse- restee database; only convicts’ DNA temporary confinement.’’ quent 10 murders and 1 rape would not have profiles can be kept in the national Finally, the act tolls the statute of happened. database over the long term. limitations for Federal sex offenses. The City of Chicago study goes on to Some critics have complained that Current law generally tolls the statute discuss the cases of 7 other serial rap- this expungement provisions in the of limitations for felony cases in which ists and murders from that city. Each DNA Fingerprint Act do not require the perpetrator is implicated in the of- of these criminals had a prior arrest expungement for State offenses that fense through DNA testing. The one ex- that could have been a basis for a DNA have no statute of limitations—i.e., for ception to this tolling is the sexual- collection but had no prior conviction. offenses for which the ‘‘applicable time abuse offenses in chapter 109A of title Collectively, together with Andre period’’ does not expire. Others have 18. When Congress adopted general toll- Crawford, these 8 serial rapists and complained that some States may not ing, it left out chapter 109A, apparently killers represent 22 murders and 30 make certified court orders available because those crimes already are sub- rapes that could have been prevented for all of the scenarios under which ject to the use of ‘‘John Doe’’ indict- had an all-arrestee database been in expungement is contemplated under ments to charge unidentified perpetra- place. this bill. The answer to all of these tors. The Justice Department has made The DNA Fingerprint Act eliminates complaints is that these are questions clear, however, that John Doe indict- current Federal statutory restrictions for the States to resolve. If a state ments are ‘‘not an adequate substitute that prevent states from adding and chooses to abolish its statute of limita- for the applicability of [tolling].’’ The keeping arrestee profiles in NDIS. In tions for murder, rape, or other crimes, Department has criticized the excep- effect, the Act would make it possible that is the State’s decision to make. tion in current law as ‘‘work[ing] to build a comprehensive, robust na- Certainly a person arrested for a seri- against the effective prosecution of tional all-arrestee DNA database. ous crime in a State with no statute of rapes and other serious sexual assaults Here is how the DNA Fingerprint Act limitation for the offense would be under chapter 109A,’’ noting that it works. First, the Act eliminates cur- more significantly burdened the fact makes ‘‘the statute of limitation rules rent Federal statutory restrictions that he may be subject to further ar- for such offenses more restrictive that that prevent an arrestee’s profile from rest and prosecution at any time than those for all other Federal offenses in being included in NDIS at the same by the fact that his DNA is in the na- cases involving DNA identification.’’ time that fingerprints are taken and tional database and may identify him The DNA Fingerprint Act corrects this added to the national database. Under if he commits a crime. Similarly, it is anomaly by allowing tolling for chap- current law, as soon as someone is ar- up to the States to decide when cer- ter 109A offenses. rested, fingerprints can be taken as tified court orders should be made Further evidence of the potential ef- part of the booking procedure and available to memorialize particular fectiveness of a comprehensive, robust uploaded to the national database. But events. All that the DNA Fingerprint DNA database is available from the re- DNA cannot be uploaded until the ar- Act requires is that if the State does cent experience of the United Kingdom. restee is charged in an indictment or make such an order available to an ar- The British have taken the lead in information, which can take weeks. Al- restee—for example, for purposes of using DNA to solve crimes, creating a lowing local authorities to collect and having an arrest struck from his database that now includes 2,000,000 upload DNA at the same time as finger- record—then the arrestee could also profiles. Their database has now prints—as part of a unified procedure— use that order to have his DNA profile reached the critical mass where it is establishes a clear and straightforward removed from NDIS. big enough to serve as a highly effec- process, making it easier and thus Third, the DNA Fingerprint Act tive tool for solving crimes. In the more likely that states will move to an would allow expanded use of Federal U.K., DNA from crime scenes produces all-arrestee database. DNA grants. Current law only allows a match to the DNA database in 40 per- Second, current law places the bur- these grants to be used to build data- cent of all cases. This amounted to den on the State to remove an arrestee bases of convicted felons. The DNA 58,176 cold hits in the United Kingdom DNA sample from NDIS if the arrestee Fingerprint Act permits these grants 2001. (See generally ‘‘The Application later is acquitted or charges are dis- to be used to analyze and database any of DNA Technology in England and missed. The U.S. Justice Department DNA sample whose collection is per- Wales,’’ a study commissioned by the has criticized this as an unwieldy re- mitted by State or local law. National Institute of Justice.) A broad quirement to impose on State labs—it Fourth, the DNA Fingerprint Act al- DNA database works. The same tool effectively requires lab administrators lows the Federal Government to take should be made available in the United to track the progress of individual and keep DNA samples from Federal States. criminal cases. Under the DNA Finger- arrestees and from non-U.S. persons Some critics of DNA databasing print Act, an arrestee will be required who are detained under Federal author- argue that a comprehensive database to take the initiative to have his pro- ity. (A ‘‘United States person’’ is a cit- would violate criminal suspects’ pri- file removed form NDIS if he does not izen of the United States or an alien vacy rights. This is simply untrue. The want it compared to future crime-scene lawfully admitted for permanent resi- sample of DNA that is kept in NDIS is evidence. The arrestee will be required dence. See 50 U.S.C. 1801(i).) The act what is called ‘‘junk DNA’’—it is im- to file a certified copy of a final court gives the Attorney General the author- possible to determine anything medi- order establishing that all indexable ity to issue regulations requiring the cally sensitive from this DNA. For ex- charges have been dismissed, have re- collection of such DNA profiles—in- ample, this DNA does not allow the sulted in acquittal, or that no charges cluding requiring other Federal agen- tester to determine if the donor is sus- were filed within the applicable time cies to collect the profiles. As the Na- ceptible to particular diseases. The

VerDate Aug 31 2005 04:11 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.064 S16DEPT1 S13758 CONGRESSIONAL RECORD — SENATE December 16, 2005 Justice Department addressed this visions of 42 U.S.C. 14132(d), as we have rec- required to remove criminal offender issue in its statement of views on S. ommended. Paragraph (2) of section 1002 profiles from the national DNA data- 1700, a DNA bill that was introduced in should be amended so that it simply repeals base system because of Federal regula- the 108th Congress (See Letter of Wil- subsection (d) of 42 U.S.C. 14132. We have pre- tions that require a 100 percent tech- viously observed: liam Moschella, Assistant Attorney ‘‘States usually do not expunge fingerprint nical review of offender DNA samples General, to the Honorable ORRIN records . . . if the defendant is not convicted, tested by private DNA laboratories, HATCH, April 28, 2004): or if the conviction is ultimately overturned, rather than review of a random sam- [T]here [are no] legitimate privacy con- nor are they required to remove fingerprint pling. Given that private laboratories cerns that require the retention or expansion records in such cases from the national . . . must meet the same accreditation and of these [burdensome expungement provi- criminal history records systems. There is quality assurance standards as public sions]. The DNA identification system is al- no reason to have a contrary Federal policy laboratories in order to test samples ready subject to strict privacy rules, which mandating expungement for DNA informa- for CODIS, and given that these qual- generally limit the use of DNA samples and tion. If the person whose DNA it is does not ity assurance standards include the DNA profiles in the system to law enforce- commit other crimes, then the information same reviews of DNA analysis reports ment identification purposes. See 42 U.S.C. simply remains in a secure database and there is no adverse effect on his life. But if which are required of public labora- 14132(b)–(c). Moreover, the DNA profiles that tories, I question why the additional are maintained in the national index relate he commits a murder, rape, or other serious to 13 DNA sites that do not control any crime, and DNA matching can identify him 100 percent review is required. traits or characteristics of individuals. as the perpetrator, then it is good that the Moreover, offender DNA samples are Hence, the databased information cannot be information was retained.’’ not themselves considered evidence. used to discern, for example, anything about Letter from Assistant Attorney General Wil- After matched to an unsolved case on an individual’s genetic illnesses, disorders, liam E. Moschella to the Honorable Orrin G. CODIS, regulations require that the of- or dispositions. Rather, by design, the infor- Hatch concerning H.R. 3214, supra, at 5; see fender sample be reanalyzed to confirm mation the system retains in the databased 150 Cong. Rec. S10914–15 (Oct. 9, 2004) (re- the match and then a new sample is DNA profiles is the equivalent of a ‘‘genetic marks of Senator Cornyn). collected from the suspect and tested fingerprint’’ that uniquely identifies an indi- We note with approval that the Committee anew to reconfirm the match. DNA vidual, but does not disclose other facts has made the salutary reforms of title X that cases with named suspects tested by about him. expand the collection and indexing of DNA accredited private laboratories are rou- In its September 29 Statement of samples and information generally applicable, and has not confined the application of tinely brought directly to court with- Views on S. 1197, this year’s Senate out the duplicated public laboratory VAWA bill, the Justice Department these reforms to cases involving violent felonies or some other limited class of offenses. review requirement. If these private commented favorably on the inclusion The experience with DNA identification over laboratories can be trusted to perform of the DNA Fingerprint Act in that the past fifteen years has provided over- quality analysis for the thousands of bill. The Department noted: whelming evidence that the efficacy of the DNA cases that have resulted in con- Title X of the bill contains provisions we DNA identification system in solving serious viction for over 15 years, then it stands strongly support that will strengthen the crimes depends upon casting a broad DNA to reason that they could also be trust- ability of the Nation’s justice systems to sample collection net to produce well-popu- ed with database samples which will be lated DNA databases. For example, the DNA identify and prosecute sexually violent of- reanalyzed twice after a match is fenders and other criminals through the use profile which solves a rape through database of the DNA technology. These reforms have matching very frequently was not collected made. generally been proposed or endorsed by the from the perpetrator based upon his prior While I understand the concern that Department of Justice in previous commu- conviction for a violent crime, but rather potential incorrect results from an of- nications to Congress. See Letter from As- based upon his commission of some property fender’s sample could lead to a missed sistant Attorney General William E. offense that was not intrinsically violent. As opportunity to solve a crime, I also am Moschella to the Honorable Orrin G. Hatch a result of this experience, a great majority concerned about the potential for addi- concerning H.R. 3214, at 3–7 (April 28, 2004); of the States, as well as the Federal jurisdic- tional crimes to occur while an offend- Letter from Assistant Attorney General Wil- tion, have adopted authorizations in recent er’s profile is queued in a laboratory liam E. Moschella to the Honorable Orrin G. years to collect DNA samples from all con- review backlog. It has been brought to victed felons—and in some cases additional Hatch concerning S. 1700, at 5–6 (April 28, my attention that there are other fo- 2004). misdemeanant categories as well—without Section 1002 would remove unjustified re- limitation to violent offenses. See, e.g., 42 rensic disciplines, such as drug chem- strictions on the DNA profiles that can be U.S.C. 14135a(d)(l). The principle is equally istry, in which laboratories use statis- included in the National DNA Index System applicable to the collection of DNA samples tically based formulas to achieve a (‘‘NDIS’’), including elimination of language from non-convicts, such as arrestees. By re- high degree of certainty without re- that generally excludes from NDIS the DNA jecting any limitation of the proposed requiring a 100 percent review of all sam- profiles of arrestees. Section 1003 is a par- forms to cases involving violent felonies or ples. I also am aware that the National allel amendment to allow the use of DNA other limited classes, the Committee has Institute of Justice already requires soundly maximized their value in solving backlog elimination funding to analyze DNA that outsourced DNA samples include a samples collected under applicable legal au- rapes, murders, and other serious crimes. thority, not limited (as currently is the case) requirement for five percent of a given (Letter of William Moschella, Assist- batch to be blind samples. to DNA samples collected from convicted of- ant Attorney General, to the Honor- fenders. Section 1004 would authorize the At- This duplicated requirement for re- able ARLEN SPECTER, September 29, torney General to extend DNA sample collec- view of samples tested at private lab- tion to Federal arrestees and detainees. A 2005.) oratories appears to be an inefficient number of States (including California, Vir- I note with pride that in addition to use of federal funds and, more impor- ginia, Texas, and Louisiana) already have receiving the strong support of the Jus- tantly, delays justice for victims seek- authorized arrestee DNA sample collection tice Department, the DNA Fingerprint ing a name for their attacker. Before— under their laws. Section 1004 would create Act is endorsed by the Rape, Abuse, and ideally, instead of—my introducing legal authority to extend this beneficial re- and Incest National Network, Debbie legislation to address what appears to form to the Federal jurisdiction. Section 1005 and Rob Smith, and the California Dis- be a non-statutory problem, I would would strike language in 18 U.S.C. section trict Attorneys Association. I include 3297 that currently makes that provision’s suggest that the Attorney General and statute of limitations tolling rule for cases in the RECORD at the conclusion of my the FBI reevaluate the necessity for involving DNA identification uniquely inap- remarks letters from these individuals this regulation. The Justice Depart- plicable to sexual abuse offenses under chap- and organizations supporting the DNA ment also ought to consider the possi- ter 109A of the Federal criminal code. Fingerprint Act. bility of permitting accredited private In one respect, the amendments in section I would also like to comment on an laboratories limited but direct ability 1002, which are absolutely critical to the fu- issue that I chose not to address in the to upload data to the national DNA ture development and effectiveness of the DNA Fingerprint Act but that I may Index System, similar to the permis- DNA identification system in the United need to address in future legislation. States, fall short of our recommendations. sion granted to private laboratories in They moderate existing expungement provi- This matter concerns the efficient use the United Kingdom’s DNA database sions requiring the removal of DNA profiles of the limited Federal dollars available system. from NDIS in certain circumstances, but do for offender DNA analysis. Some State Finally, I would like to thank those not completely repeal the expungement pro- crime laboratories recently have been who have made it possible to enact the

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.065 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13759 DNA Fingerprint Act as part of this available, which will allow prosecution to rest of law enforcement. In particular, the year’s VAWA reauthorization bill. This proceed once a match is made to a perpe- measure contains the ‘‘DNA Fingerprint includes my colleague, Senator trator. Act’’ which would greatly enhance investiga- The bill is mindful of the fact that police, tors’ ability to identity suspects of violent CORNYN, with whom I introduced S. like everyone, occasionally make mistakes. crimes and prosecutors’ ability to hold them 1606 and who offered the Kyl amend- For those times when an innocent person is fully accountable. Therefore, CDAA respect- ment on my behalf at the Judiciary mistakenly charged, the bill appropriately fully urges you to include this important Committee’s executive meeting; Chip provides the exonerated person a means of public safety amendment in your final con- Roy and Reed O’Connor of Senator expunging his DNA profile from the data- ference report. CORNYN’s staff; and Lisa Owings and base. DNA technology is one of the most powerful criminal justice tools available. This Brett Tolman of Chairman SPECTER’s RAINN believes that the DNA Fingerprint Act of 2005 makes important changes to cur- technology is able to positively identify staff. It is my understanding that ab- criminal offenders, including murderers and sent some aggressive staffing by Mr. rent law, and will significantly enhance law enforcement’s ability to identify and capture rapists, who may be mere suspects in crimi- Tolman at various stages of the legisla- serial violent criminals. By making it easier nal investigations or who have not yet been tive process, the effort to have the to catch criminals, while still protecting the linked to a crime due to lack of other evi- DNA Fingerprint Act enacted into law rights of the innocent, the DNA Fingerprint dence. DNA technology should be used to its as part of VAWA this year would not Act will make our nation safer. We will urge fullest capability so that prosecutors are have succeeded. His contribution is all members of Congress to support this leg- able to hold offenders accountable for their crimes and prevent innocent people from be- duly noted and appreciated. islation. Once again, thank you for your important, coming victimized. I ask unanimous consent that the fol- The Federal DNA Act will allow states to lowing letters be printed in the and effective, work fighting violent crime. I would also like to offer a note of praise for take advantage of such advances. It will ex- RECORD. your counsel, Joe Matal, whose work on DNA pand the federal DNA database to include in- There being no objection, the mate- policy has been invaluable. formation collected from arrestees and con- rial was ordered to be printed in the Best regards, victed felons. The federal database will include both samples collected by federal in- RECORD, as follows: SCOTT BERKOWITZ, President and Founder. vestigators as well as samples that are RAPE, ABUSE & INCEST NATIONAL uploaded by states like California into the NETWORK, National DNA index a suspect is arrested or H-E-A-R-T, INC., Washington, DC, August 24, 2005. convicted. The Act will significantly expand Williamsburg, VA, September 19, 2005. Senator JON KYL, the DNA information that is available to Senator JON KYL, Hart Senate Building, states and to the federal government for the Hart Senate Building, Washington, DC. prosecution of state and federal crimes. Washington, DC. DEAR SENATOR KYL: Thank you for intro- The Federal DNA Act is particularly im- DEAR SENATOR KYL: My husband, Rob and ducing the DNA Fingerprint Act of 2005 and portant to California prosecutors. November I have truly come to appreciate the work for your continuing leadership in the crucial 2005 marks the first year anniversary of a you do on a continuing basis to help victims effort to expand the use of DNA to fight CDAA drafted and sponsored DNA initiative, of crime. Most recently, your introduction of crime. RAINN is pleased to offer its support Proposition 69, that passed by overwhelming the DNA Fingerprint Act of 2005 is a wonder- for this important legislation. support of voters and changed the landscape ful addition to these efforts. Our organiza- The Rape, Abuse & Incest National Net- of the criminal justice system in California. tion, H-E-A-R-T, Inc., stands fully behind work (RAINN) is the nation’s largest anti- This measure requires law enforcement offi- this important piece of legislation. sexual assault organization. RAINN created cials to collect DNA samples from all con- Your leadership was a major factor in the and operates the National Sexual Assault victed felons, from misdemeanor sex offend- passage of the Justice for All Act of 2004, Hotline and also publicizes the hotline’s free, ers, from all murder and violent sex offender which with the provisions of the Debbie confidential services; educates the public arrestees and, beginning in 2009, from all Smith Act portion of the bill, provided a about sexual assault; and leads national ef- felon arrestees. So far, this has increased the boost to our nation’s use of DNA evidence to forts to improve services to victims and en- California database to nearly 500,000 DNA fight crime. sure that rapists are brought to justice. profiles. This means that more profiles are Your legislation will help to expand the The Debbie Smith Act provisions of the available to be compared to crime scene evi- use of CODIS grants, which will help to build Justice for All Act, which Congress passed dence, and since a great majority of con- the arrestee database. It will improve NDIS last year due, in large measure, to your lead- victed felons are repeat offenders, particu- which enables law enforcement across this ership, made great progress in expanding the larly sex offenders, this will enable more great country to be more efficient in appre- nation’s use of DNA evidence to identify cases to be solved. criminals. As the DNA evidence from 542,000 hending and convicting the ‘‘right’’ person. California now collects DNA samples from backlogged crimes is analyzed, and as states It will also limit the incidents of wrongful arrestee murder and rape suspects, and in collect more DNA samples from convicted of- arrest, while enabling those who are exoner- 2009, will collect samples from all felon fenders, the FBI’s Combined DNA Index Sys- ated to have their samples expunged from arrestees. The Federal DNA Act will give tem (CODIS) databases continue to grow. the database. other states and the federal government ac- With each record added, the potential to As a victim of rape, I salute both you and cess to the California’s arrestee database. identify the perpetrators of future crimes ex- Senator CORNYN for introducing this legisla- Furthermore, it will give California access pands as well. tion. There will also be countless other vic- to DNA profiles analyzed by other states The DNA Fingerprint Act of 2005, as intro- tims who will one day thank you both if you with arrestee databases and to the profiles of duced by Senator CORNYN and yourself, will succeed in passing this very important bill. arrestees analyzed by the federal govern- make it easier to include and retain the DNA H-E-A-R-T, Inc. will stand behind you and ment. Without the arrestee provision in the profiles of criminal arrestees in the National this bill and will encourage others in Con- Federal DNA Act, arrestee DNA profiles can DNA Index System (NDIS). The DNA Finger- gress to join in this fight against crime. Rob only be used by the state which collects print Act will eliminate the current restric- and I want to once again thank you person- them, so that the ability to maximize the tions that prevent an arrestee’s profile from ally for your efforts in putting away violent benefits of this extraordinary national crime being included in NDIS as soon as he is offenders. fighting technology will be completely wast- charged in a pleading. The legislation en- With the highest of regards, ed. This is a dangerous proposition consid- courages law enforcement to take DNA from DEBBIE SMITH. ering many of the most violent sex offenders those arrested for violent crimes, and allows travel from state to state to commit crimes these profiles to be uploaded to NDIS. OCTOBER 11, 2005. and avoid prosecution. The technology exists By improving the value of NDIS, which can Re Request To Support the Federal DNA to identify and track these criminals and it be compared to crime-scene evidence across Fingerprint Act would be a shame to not utilize it. the country, law enforcement will be able to The Hon. JAMES SENSENBRENNER, Jr., In drafting Proposition 69, CDAA included identify—and apprehend, convict and incar- House of Representatives, Rayburn House Office an expungement provision, giving criminal cerate countless serial rapists and murderers Building, Washington, DC. suspects the ability to make a showing to before they commit additional crimes. DEAR SENATOR SENSENBRENNER: The Cali- the courts to get their samples removed from Your legislation makes other valuable fornia District Attorneys Association the database. Furthermore, CDAA is in the changes to current law, by expanding the use (CDAA) strongly supports the VAWA reau- process of creating an easy-to-use form for of CODIS grants to build arrestee databases; thorization bill. CDAA represents 58 elected suspects to fill out and file with the courts giving the Attorney General the authority to district attorneys, eight elected city attor- to assist those who claim their samples do develop regulations for collecting DNA pro- neys, and almost 3,000 deputy prosecutors not belong in the database. This burden ap- files from federal arrestees and detainees; throughout California. The VAWA reauthor- propriately belongs on criminal suspects, and tolling the statute of limitations for ization bill contains several provisions that who are the only ones aware of the entire Federal sex offenses when DNA evidence is are of critical need to prosecutors and the breadth of their own criminal history.

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.067 S16DEPT1 S13760 CONGRESSIONAL RECORD — SENATE December 16, 2005 If Proposition 69 included an expungement venating core programs, making tar- The Violence Against Women Act has process that was automatic rather than trig- geted improvements, and responsibly always included measures to help law gered by a petition filed by a suspect, it expanding the Violence Against enforcement and victim service pro- would be a bureaucratic nightmare to en- Women Act to reach the needs of viders reach underserved communities. force. Law enforcement officials would have America’s families. to thoroughly investigate each and every as- Today’s bill goes even further by cre- pect of a suspect’s criminal history, which The enactment of the Violence ating a new, targeted culturally and would include the burden to discover wheth- Against Women Act in 1994 was the be- linguistically specific service grant er the suspect had ever committed any quali- ginning of a historic commitment to program. This provision is intended to fying crime in any other state. This would women and children victimized by do- ensure that the Act’s resources reach increase the workload tremendously for law mestic violence and sexual assault. racial and ethnic communities grap- enforcement officials who are already strug- While not the single cause, this com- pling with family violence and its enor- gling to do their jobs with limited resources. mitment has made our streets and mous ramifications. On the other hand, a suspect should be aware homes safer. Since the Act’s passage in The Violence Against Women Act of his or her complete criminal background 1994, domestic violence has dropped by crafts a coordinated community re- without this same burden and should be will- almost 50 percent incidents of rape are ing to bring this information forward with sponse that seeks the participation of any claim that they should be excluded from down by 60 percent and the number of police, judges, prosecutors, and the the database. women killed by an abusive husband or host of entities who care for the vic- If this burden were placed on the prosecu- boyfriend is down by 22 percent. Today, tims. Title II helps victim service pro- tion instead, these same dilemmas would more than half of all rape victims are viders by: (1) creating a new, dedicated exist. Furthermore, without any real jus- stepping forward to report the crime. grant program for sexual assault vic- tification the prosecution could be accused And since we passed the Act in 1994, tims that will strengthen rape crisis of delaying the expungement process in order over a million women have found jus- centers across the country; (2) reinvig- to have the testing completed. If a ‘‘hit’’ tice in our courtrooms and obtained were to occur during a legislatively man- orating programs to help older and dis- domestic violence protection orders. abled victims of domestic violence; (3) dated expungement process, it would likely This is a dramatic change from a dec- cause recusal of the prosecution’s office or strengthening and expanding existing ade ago. Back then, violence in the possible suppression of DNA evidence—which programs for rural victims and victims household was treated as a ‘‘family would defeat the usefulness of DNA as a in underserved areas; and (4) removing matter’’ rather than a criminal justice crime fighting tool. Placing the burden on a current cap on funding for the Na- the courts, presents the same sort of chal- issue. Because we took action, the tional Domestic Violence Hotline. lenges. In fact, courts are not even aware of criminal justice system is much better Sexual violence is a crime that af- arrestee samples until a criminal case has equipped to handle domestic violence, been filed. fects children and adults across our and it is treated for what it is—crimi- country. Unfortunately, rape has been The Federal DNA Act was drafted with an nal. The goal of the legislation passed expungement procedure similar to Califor- a crime shrouded in secrecy and shame. here today is to usher the Violence nia’s. The Act does not require states to ex- Sexual assault survivors can experi- Against Women Act into the 21st cen- punge profiles unless suspects are able to ence physical and emotional problems tury. With this bill we attempt to look make a showing that all charges against for years. Approximately 1,315 rape cri- them were dismissed or resulted in an ac- beyond the immediate crisis and take sis centers across the country help vic- quittal, or that no charges were filed within steps to not only punish offenders, but tims of rape, sexual assault, sexual the applicable time period. to also help victims get their lives abuse, and incest rebuild their lives by Lastly, the Federal DNA Act provides back on track, and prevent domestic states with DNA backlog elimination grants providing a range of vital services to violence and sexual assault from occur- so that states can clear backlogs of DNA survivors. But unfortunately, many ring in the first place. samples that await analysis. These resources rape crisis centers are under funded will help solve crimes that were committed The bill contains much to commend. To that end, I will ask unanimous con- and understaffed. They are constantly even decades ago by matching DNA evidence in a crisis mode, responding to the left behind at crime scenes, like saliva from sent to include at the close of my cigarette butts or strands of hair, to the statement a thorough section-by-sec- needs of all victims—male, female as database. Cold cases will be closed and those tion summary of H.R. 3402, but in the well as children—and are incapable of who have escaped justice will finally be pros- meantime, I would like to highlight undertaking large-scale prevention ef- ecuted. Ultimately, this provision will iden- some of the bill’s provisions. forts in their communities. tify and remove dangerous offenders from Title I, the bill’s backbone, focuses In response to this overwhelming the streets and make our neighborhoods on the criminal justice system and in- need, our bill will provide increased re- safer. cludes provisions to: (1) renew and in- sources to serve sexual assault victims. Thank you for your leadership in public It includes, for the first time, a dedi- safety. Please feel free to contact me any- crease funding to over $400 million a time regarding this or any other criminal year for existing, fundamental grant cated Federal funding stream for sex- justice matter. programs for law enforcement, lawyers, ual assault programs through the pro- Very truly yours, judges and advocates; (2) stiffen exist- posed Sexual Assault Services Pro- DAVID LABAHN, ing criminal penalties for repeat fed- gram, SASA. SASA will fund direct Executive Director, California eral domestic violence offenders; and services to victims, including general District Attorneys Association. (3) appropriately update the criminal intervention and advocacy, accompani- Mr. BIDEN. Mr. President, I rise law on stalking to incorporate new sur- ment through the medical and criminal today to express my appreciation to veillance technology like Global Posi- justice processes, support services, and my colleagues for passing for the sec- tioning System, GPS. related assistance. ond time this session, the Violence Notably, our bill reauthorizes the Reports indicate that up to ten mil- Against Women Act of 2005. Once again Court Appointed Special Advocates, lion children experience domestic vio- the Senate has spoken loudly and ‘‘CASA,’’ a nationwide volunteer pro- lence in their homes each year. The age clearly that domestic violence and sex- gram to help children in the judicial at which a female is at greatest risk ual assault are serious, public crimes system. Children are doubly impacted for rape or sexual assault is 14. Two- that must be addressed. Today’s bill is by family violence—both as observers thirds of all sexual assault victims re- a tremendous compromise measure of, and recipients of abuse. Court Ap- ported to law enforcement are under 18, that merges the comprehensive, Sen- pointed Special Advocates fit uniquely and national research suggests that 1 ate-passed Violence Against Women into the mix of services for victims of in 5 high-school girls is physically or Act, S. 119, with the House of Rep- violence. Judges overwhelmingly re- sexually abused by a dating partner. resentative’s Department of Justice port that children and families are bet- Treating children who witness domes- Appropriations Authorization Act bill, ter served by the involvement of a tic violence, dealing effectively with H.R. 3402. This merger followed hours CASA volunteer on their cases. I hope violent teenage relationships and of bipartisan, bicameral negotiations. that my colleagues see fit to fully ap- teaching prevention strategies to chil- Compromises and edits were made, and propriate this effective program, and in dren are keys to ending the cycle of vi- what emerges is a balanced bill that the future, raise the program’s author- olence. This reauthorization takes bold strikes the right balance between reju- ization level. steps to address the needs of young

VerDate Aug 31 2005 04:11 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.069 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13761 people by renewing successful pro- nationwide survey, local housing and domestic violence victims to take time grams and creating new programs to: domestic violence attorneys across the off from work to appear in court cases (1) promote collaboration between do- country reported over 500 documented and other judicial proceedings without mestic violence experts and child wel- cases where victims were evicted be- jeopardizing their employment at a fare agencies; and (2) enhance to $15 cause of the domestic violence com- time they need it the most. It is my million a year grants to reduce vio- mitted against them. hope that the Senate will revisit this lence against women on college cam- Sections 606 and 607 of the Act pro- issue soon. puses. vide important protections in public Immigrant women often face a dif- Critical prevention initiatives are housing and the Section 8 program for ficult time escaping abuse because of contained in title IV, including pro- victims of domestic violence and stalk- immigration laws, language barriers, grams supporting home visitations for ing. These sections prohibit denial of and social isolation. Title VIII of to- families at risk, and initiatives that housing assistance based on the indi- day’s bill builds on the progress of specifically engage men and boys in ef- vidual’s status as a victim of domestic VAWA 1994 and VAWA 2000 to remove forts to end domestic and sexual vio- violence, dating violence, or stalking. obstacles hinder or prevent immigrants lence. We can no longer be satisfied With certain exceptions, they also pro- from fleeing domestic abuse and par- with punishing abusers after the fact hibit terminating a victim’s tenancy or ticipating in prosecutions. Further, the and trying to help a woman pull her rental assistance because of the vio- bill expands VAWA relief to: (1) elder life back together—we must end the vi- lence against him or her. When women abuse victims who have been abused by olence before it ever starts. We must know they may lose their homes if adult U.S. citizen sons or daughters; end it, not just mend it. their housing provider learns about the and (2) victims of child abuse or incest Violence against women is a health violence, they will seek to keep the who are less than 25 and would have abuse secret at all costs and thus, will care issue of enormous proportions qualified as child self-petitioners. It often be unable to take the steps nec- with one in three women expected to will allow adopted children who have essary to keep themselves and their experience such violence at some point been abused by an adoptive parent to in their lives. It also has enormous families safe. While protecting victims against re- obtain permanent residency without health consequences for women and having to reside with the abusive par- children, leading to serious injuries taliation, Sections 606 and 607 permit public housing authorities and private ent for 2 years. In an important move and disease, including substance abuse, to help battered immigrant women chronic, serious pain and sexually landlords to evict or end voucher assistance to perpetrators of domestic vi- achieve desperately-needed economic transmitted infections including HIV/ stability, the bill permits employment AIDS. We know pregnant women are olence. It also ensures that landlords and housing providers can effectively authorization to battered women and particularly at risk for violence with abused spouses of certain non- increased levels of abuse accounting manage their properties and maintain important discretionary authority. The immigrants. for injuries to the mother and devel- Title VIII enhances immigration pro- oping fetus. In fact, homicide is a lead- Act allows landlords to bifurcate a lease to remove a perpetrator while tection for victims of trafficking by re- ing cause of death for pregnant and removing barriers that block some vic- cently pregnant women. maintaining a victim’s tenancy and Consequently, doctors and nurses, evict victims who commit other lease tims from accessing to T and U visas. like police officers on the beat, are violations or if the tenancy creates an Title VIII also facilitates the reunion often the first witnesses of the dev- actual and imminent threat to the pub- of trafficking victims with their family astating aftermath of abuse. Unfortu- lic safety. Further, the Act clarifies members abroad who are in danger of nately, most health care providers are that landlords should not be held liable retaliation from international traf- not currently trained on how to screen simply for complying with the statute. fickers, and will increase access to per- for, identify, document and treat or Sections 606 and 607 benefited greatly manent residency for victims of severe refer for violence-related illnesses or from the input by the national associa- forms of trafficking who are cooper- injuries. That’s why the new health tions representing landlords and U.S. ating in trafficking prosecutions. Fi- care programs in the Act are so essen- Department of Housing and Urban De- nally, title VIII will arm foreign tial—they provide an opportunity to velopment, including the National As- fiancees with background information intervene much earlier in the cycle of sociation of Realtors, the National about their U.S. citizen fiance, and will violence, before it becomes life threat- Multi-Housing Council, and the Na- educate foreign fiancees about U.S. domestic violence laws and resources. ening, and they provide a chance to tional Leased Housing Association. reach out to children who may be It may be useful if the U.S. Depart- In an effort to focus more closely on growing up in violent homes. ment of Housing and Urban Develop- violence against Indian women, title IX In some instances, women face the ment issues guidance or regulations to creates a new tribal Deputy Director in untenable choice of returning to their assist with the implementation of the Office on Violence Against Women abuser or becoming homeless. Indeed, these sections. Certain nonprofit orga- dedicated to coordinating Federal pol- 44 percent of the nation’s mayors iden- nizations and other government agen- icy and tribal grants. It also authorizes tified domestic violence as a primary cies that have expertise in domestic vi- the Office to pool funds available to cause of homelessness. Efforts to ease olence, dating violence, sexual assault tribes and tribal organizations in var- the housing problems for battered or stalking, or in housing law and pol- ious VAWA programs. In addition, women are contained in Title VI, in- icy, could provide valuable guidance to Title IX authorizes tribal governments cluding (1) $20 million grant programs HUD in creating such guidance and to access and upload domestic violence to facilitate collaboration between do- regulations. and protection order data on criminal mestic violence organizations and Title VII helps abused women main- databases, as well as create tribal sex housing providers; (2) programs to com- tain economic security by establishing offender registries, and strengthens bat family violence in public and as- a national resource center to provide available criminal penalties. sisted housing, including new require- information to employers and labor or- No doubt, today’s bill is comprehen- ments that domestic violence victims ganizations so that they may effec- sive; it speaks to the many complex- may not be evicted or cut off from tively help their employees who are ities presented by domestic violence voucher services because of the vio- victims of domestic violence. I had and sexual assault. I am indebted to a lence; and (3) enhancements to transi- hoped that provisions from Senator whole host of groups who worked on tional housing resources. MURRAY’s Security and Financial Em- this measure and/or voiced their sup- In some instances, victims of domes- powerment Act, SAFE, would have report throughout the journey from in- tic violence who apply for or reside in mained in the bill. This amendment troduction to passage, including the public and subsidized housing are evict- would provide some fundamental eco- American Bar Association, the Na- ed or turned away because of the vio- nomic protections for victims of do- tional Association of Attorneys Gen- lence against them. A scream for help, mestic violence and sexual assault. eral, the International Association of a shot being fired, or the sound of po- Just as the Family Medical Leave Act Forensic Nurses, the American Medical lice sirens is cited as a ‘‘disruptive protects individuals caring for a sick Association, the National Sheriffs As- sound’’ justifying eviction. In a recent loved one, the SAFE Act would allow sociation, the National Coalition

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.070 S16DEPT1 S13762 CONGRESSIONAL RECORD — SENATE December 16, 2005 Against Domestic Violence, the Na- cated less than $800 million for state There being no objection, the mate- tional Congress of American Indians, and local law enforcement assistance, rial was ordered to be printed in the the National Network to End Domestic and it zeroed out the COPS hiring pro- RECORD, as follows: Violence, the Family Violence Preven- gram. I agree with the International SECTION-BY-SECTION SUMMARY OF THE tion Fund, Legal Momentum, the Na- Association of Chiefs of Police and the VIOLENCE AGAINST WOMEN ACT OF 2005 tional Alliance to End Sexual Violence, National Sheriffs Association that Sec. 1. Short Title. the National Center for Victims for these cuts leave us more vulnerable to Sec. 2. Table of Contents. Crime, the National District Attorneys crime and terrorism. In this bill, the Sec. 3. Universal Definitions and Grant Association, the National Council on Congress demonstrated its support for Conditions. This section aggregates existing Family and Juvenile Court Judges, the the COPS program, but the real test and new definitions of terms applicable to the Act. (Previously, relevant definitions National Association of Chiefs of Po- will come when we make funding deci- lice, and many others. I am grateful for were scattered in various Code provisions.) sions in the future. For the safety and The section also sets forth universal condi- the work each of you does each day to security of the American people, I will tions that apply to the Act’s new and exist- make our families safer and healthier. be fighting for the Congress to fully ing grant program. The legislation being passed today fund the COPS program at the newly TITLE I ENHANCING JUDICIAL AND LAW EN- also demonstrates Congress’s commit- authorized levels of $1.05 billion per FORCEMENT TOOLS TO COMBAT VIOLENCE ment to the Office of Community Ori- year. AGAINST WOMEN ented Policing Services, COPS. This I have many partners here in the Sec. 101. STOP (Services and Training for program has been widely credited for Senate and in the House of Representa- Officers and Prosecutors) Grants Improve- helping to reduce crime rates over the tives who have worked tirelessly on ments. This section reauthorizes the corner- past 10 years. It was deemed a ‘‘miracu- stone of the Act, the STOP program, at this bill. Chairman SENSENBRENNER lous success’’ by Attorney General $225,000,000 annually for 2007 through 2011 (it and Ranking Member CONYERS were Ashcroft, and law enforcement experts is currently authorized at $185 million annu- committed to reauthorizing the Vio- ally). This program provides state formula from top to bottom, including Attor- lence Against Women Act, and spent ney General Gonzalez, police chiefs, grants that bring police and prosecutors in countless hours working on a resolu- close collaboration with victim services pro- and sheriffs, have all testified to its ef- tion. Our negotiations were model viders. Technical amendments increase the fectiveness at combating crime. While ones—I wish bicameral relations were focus on appropriate services for underserved many politicians have argued this always so easy. communities and ensure victim confiden- point, the Government Accountability tiality. EED and Senator ALLARD Office conclusively established a statis- Senator R Sec. 102. Grants to Encourage Arrest and were very helpful on the act’s housing tical link between COPS hiring grants Enforcement of Protection Order Improve- provisions, and Senator ENZI helped and crime reductions. We know that ments. This fundamental Department of Jus- craft some of the victim service pro- tice program is reauthorized at $75,000,000 the COPS program works, and the leg- viders. I appreciate their assistance annually for 2007 through 2011 (it is currently islation we are passing today recog- and help to move this bill forward. authorized at $65 million annually). States nizes this fact by re-authorizing the With respect to the Native American and localities use this funding to develop and COPS program for the next 5 years at strengthen programs and policies that en- provisions, Senator MCCAIN and Sen- $1.05 billion per year. courage police officers to arrest abusers who In addition, this legislation also up- ator DORGAN provided instrumental commit acts of violence or violate protection dates the COPS program grant making guidance. orders. Amendments will provide technical authority by providing more flexibility Since 1990, Senator HATCH and I have assistance to improve tracking of cases in a for local agencies in applying for as- worked together to end family violence manner that preserves confidentiality and privacy protections for victims. Purposes are sistance. It still includes many of the in this country, so it is no great surprise that once again he worked side- amended to encourage victim service pro- hallmarks that attributed to its suc- grams to collaborate with law enforcement cess, such as reducing redtape by al- by-side with us to craft today’s bill. I to assist pro-arrest and protection order en- lowing local agencies to apply directly am also deeply indebted to Senator forcement policies. In addition, this section to the Federal Government for assist- KENNEDY for his unwavering commit- authorizes family justice centers and extends ance, and providing grants on a three- ment to battered immigrant women pro-arrest policies to sexual assault cases. year basis to facilitate long-term plan- and his work on the bill’s immigration Sec. 103. Legal Assistance for Victims Im- ning. The major improvement is that provisions. Senator KENNEDY’S staff, provement. This section reauthorizes the grant program for legal services for protec- agencies will now be able to submit one particularly Janice Kaguyutan, have been invaluable to this process. I also tion orders and related family, criminal, im- application for its various funding migration, administrative agency, and hous- needs, including hiring officers, pur- thank Senator LEAHY who has long- ing matters. It allows victims of domestic vi- chase equipment, pay officers’ over- supported the Violence Against Women olence, dating violence, stalking, and sexual time, and other programs that will in- Act and, in particular, has worked on assault to obtain access to trained attorneys crease the number of officers deployed the rural programs and transitional and lay advocacy services, particularly pro in community oriented policing serv- housing provisions. As Ranking Mem- bono legal services, when they require legal ices. Originally, agencies had to make ber of the Judiciary Committee, Sen- assistance as a consequence of violence. This program has been expanded to provide serv- separate grant applications for the var- ator LEAHY has consistently pushed forward reauthorization of the Vio- ices to both adult and youth victims. Pre- ious purpose areas of the program. In viously authorized at $40,000,000 annually, addition, it allows the COPS program lence Against Women Act, and his funding is set at $65,000,000 annually for 2007 to award grants for officers hired to staff, chief counsel Bruce Cohen, Tara through 2011, to be administered by the At- perform intelligence, anti-terror, or Magner, and Jessica Berry have worked torney General. This provision also includes homeland security duties. Providing hard for passage. My final appreciation an amendment to ensure that all legal serv- local agencies with this type of flexi- is for my very good friend from Penn- ices organizations can assist any victim of bility is a step forward. sylvania for his commitment and lead- domestic violence, sexual assault and traf- While re-authorizing the COPS pro- ership on this bill. It is a pleasure to ficking without regard to the victim’s immigration status. The organizations can use work with Chairman SPECTER, and his gram is important, the next step is for any source of funding they receive to provide the appropriators to fund the program staff Brett Tolman, Lisa Owings, Joe legal assistance that is directly related to at authorized levels. Back in the nine- Jacquot, Juria Jones and chief counsel overcoming the victimization, and pre- ties, we invested roughly $2.1 billion Mike O’Neill. From day one, Chairman venting or obtaining relief for the crime per- for state and local law enforcement SPECTER has been one of this bill’s big- petrated against them that is often critical each year. We are safer today because gest champion. Chairman SPECTER is to promoting victim safety. of these investments. Over the past 5 the reason a bipartisan, bicameral Sec. 104. Ensuring Crime Victim Access to years, we have adopted a wrong-headed compromise measure is being passed Legal Services. This section eases access to today and I thank him. legal services for immigrant victims of vio- approach of cutting funding for our lent crimes. state and local law enforcement part- Mr. President, I ask unanimous con- Sec. 105. The Violence Against Women Act ners. And, the recently passed Com- sent that the section-by-section anal- Court Training and Improvements. This sec- merce, Justice, Science budget allo- ysis be printed in the RECORD. tion creates a new program to educate the

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.070 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13763 courts and court-related personnel in the pointed Special Advocate Program (CASA). izes and expands the existing education, areas of domestic violence, dating violence, CASA is a nationwide volunteer program training and services grant programs that sexual abuse and stalking. The goal of this that helps represent children who are in the address violence against women in rural education will be to improve internal civil family and/or juvenile justice system due to areas. This provision renews the rural VAWA and criminal court functions, responses, neglect or abuse. This provision also allows program, extends direct grants to state and practices and procedures, including the de- the program to request the FBI conduct local governments for services in rural areas velopment of dedicated domestic violence background checks of prospective volun- and expands purpose areas to include com- dockets. This section will also authorize one teers. This program is reauthorized at munity collaboration projects in rural areas or more grants to create general educational $12,000,000 annually for 2007 through 2011. and the creation or expansion of additional curricula for state and tribal judiciaries to Sec. 113. Preventing Cyberstalking. To victim services. New language expands the ensure that all states have access to con- strengthen stalking prosecution tools, this program coverage to sexual assault, child sistent and appropriate information. This section amends the Communications Act of sexual assault and stalking. It also expands section is authorized at $5,000,000 for each 1934 (47 U.S.C. 223(h)(1)) to expand the defini- eligibility from rural states to rural commu- fiscal year 2007 through 2011 and it is admin- tion of a telecommunications device to in- nities, increasing access to rural sections of istered by the Department of Justice. clude any device or software that uses the otherwise highly populated states. This sec- Sec. 106. Full Faith and Credit Improve- Internet and possible Internet technologies tion authorizes $55,000,000 annually for 2007 ments. Technical amendments are made to such as voice over internet services. This through 2011 (it is currently authorized at $40 the criminal code to clarify that courts amendment will allow federal prosecutors million a year). should enforce the protection orders issued more discretion in charging stalking cases Sec. 204. Education, Training and En- by civil and criminal courts in other juris- that occur entirely over the internet. hanced Services to End Violence Against dictions. Orders to be enforced include those Sec. 114. Updating the Federal Stalking Women with Disabilities. This section reau- issued to both adult and youth victims, in- Law. Section 114 improves the existing fed- thorizes and expands the existing education, cluding the custody and child support provi- eral stalking law by borrowing state stalk- training and services grant programs that sions of protection orders. Amendment also ing law language to (1) criminalize stalking address violence against women with disabil- requires protection order registries to safe- surveillance (this would include surveillance ities. New purpose areas include construc- guard the confidentiality and privacy of vic- by new technology devices such as Global tion and personnel costs for shelters to bet- tims. Positioning Systems (GPS)); and (2) to ex- ter serve victims with disabilities, the devel- Sec. 107. Privacy Protections For Victims pand the accountable harm to include sub- opment of collaborative partnerships be- of Domestic Violence, Sexual Violence, stantial emotional harm to the victim. The tween victim service organizations and orga- Stalking, and Dating Violence. This section provision also enhances minimum penalties nizations serving individuals with disabil- creates new and badly-needed protections for if the stalking occurred in violation of an ex- ities and the development of model programs victim information collected by federal isting protection order. that situate advocacy and intervention serv- agencies and included in national databases Sec. 115. Repeat Offender Provision. This ices for victims within organizations serving by prohibiting grantees from disclosing such section updates the criminal code to permit individuals with disabilities. The program is information. It creates grant programs and doubling the applicable penalty for repeat authorized at $10,000,000 for each fiscal year specialized funding for federal programs to federal domestic violence offender—a sen- 2007 through 2011. Sec. 205. Education, Training and Services develop ‘‘best practices’’ for ensuring victim tencing consequence already permissible for to End Violence Against and Abuse of confidentiality and safety when law enforce- repeat federal sexual assault offenders. Women Later in Life. This section reauthor- ment information (such as protection order Sec. 116. Prohibiting Dating Violence. Uti- izes and expands the existing education, issuance) is included in federal and state lizing the Act’s existing definition of dating training and services grant programs that databases. It also provides technical assist- violence, section 115 amends the federal address violence against elderly women. ance to aid states and other entities in re- interstate domestic violence prohibition to Grants will be distributed by the Depart- viewing their laws to ensure that privacy include interstate dating violence. protections and technology issues are cov- Sec. 117. Prohibiting Violence in Special ment of Justice to States, local government, ered, such as electronic stalking, and train- Maritime and Territorial Jurisdiction. This nonprofit and nongovernmental organiza- ing for law enforcement on high tech elec- section tightens the interstate domestic vio- tions for providing training and services for tronic crimes against women. It authorizes lence criminal provision to include special domestic violence, dating violence, sexual $5,000,000 per year for 2007 through 2011 to be maritime and territories within the scope of assault and stalking victims age 60 and administered by the Department of Justice. federal jurisdiction. older. The program is authorized at Sec. 108. Sex Offender Training. Under this Sec. 118. Updating Protection Order Defini- $10,000,000 annually for 2007 through 2011. Sec. 206. Strengthening the National Do- section, the Attorney General will consult tion in 28 U.S.C. § 534(e)(3)(B). mestic Violence Hotline. Section 206 elimi- with victim advocates and experts in the Sec. 119. Grants for Outreach to Under- nates a current funding requirement that area of sex offender training. The Attorney served Populations. This grant program au- any funds appropriated to the Hotline in ex- General will develop criteria and training thorizes $2 million annually for local, na- cess of $3,000,000 be devoted entirely to a programs to assist probation officers, parole tional, and regional information campaigns non-existent Internet program. officers, and others who work with released on services and law enforcement resources sex offenders. This section reauthorizes the available to victims of domestic violence, TITLE III. SERVICES, PROTECTION AND JUSTICE program at $3,000,000 annually for 2007 dating violence, sexual assault and stalking. FOR YOUNG VICTIMS OF VIOLENCE through 2011. Sec. 301. Findings TITLE II. IMPROVING SERVICES FOR VICTIMS OF Sec. 109. National Stalker Database and Sec. 302. Rape Prevention and Education. DOMESTIC VIOLENCE, DATING VIOLENCE, SEX- Domestic Violence Reduction. Under this This section reauthorizes the Rape Preven- UAL ASSAULT AND STALKING section, the Attorney General may issue tion and Education Program. It appropriates grants to states and units of local govern- Sec. 201. Findings $80,000,000 annually (its current authoriza- ments to improve data entry into local, Sec. 202. Sexual Assault Services Provi- tion level) for 2007 through 2011. Of the total state, and national crime information data- sion. This section creates a separate and di- funds made available under this subsection bases for cases of stalking and domestic vio- rect funding stream dedicated to sexual as- in each fiscal year, a minimum of $1,500,000 lence. This section reauthorizes the program sault services. Currently, the Act funds rape will be allotted to the National Sexual Vio- at $3,000,000 annually for 2007 through 2011. prevention programs, but does not provide lence Resource Center. Sec. 110. Federal Victim Assistants. This sufficient resources for direct services dedi- Sec. 303. Services, Education, Protection section authorizes funding for U.S. Attorney cated solely to sexual assault victims, pri- and Justice for Young Victims of Violence. offices to hire counselors to assist victims marily rape crisis centers. Under this new This section establishes a new subtitle that and witnesses in prosecution of domestic vio- program funding will be distributed by the would create four new grant programs de- lence and sexual assault cases. This section Department of Justice to states and their signed to address dating violence committed is reauthorized for $1,000,000 annually for 2007 sexual violence coalitions. The formula by and against youth. through 2011. grant funds will assist States and Tribes in (1) The Services to Advocate for and Re- Sec. 111. Grants for Law Enforcement their efforts to provide services to adult, spond to Teens program authorizes grants to Training Programs. This section would au- youth and child sexual assault victims and nonprofit, nongovernmental and community thorize a Department of Justice grant pro- their family and ho1usehold members, in- based organizations that provide services to gram to help train State and local law en- cluding intervention, advocacy, accompani- teens and young adult victims of domestic forcement to identify and protect trafficking ment in medical, criminal justice, and social violence, dating violence, sexual assault or victims, to investigate and prosecute traf- support systems, support services, and re- stalking. This section is authorized for ficking cases and to develop State and local lated assistance. Funding is also provided for $15,000,000 annually for 2007 through 2011 and laws to prohibit acts of trafficking. It pro- training and technical assistance. This sec- will be administered by the Department of poses $10,000,000 in grants annually from 2006 tion authorizes $50,000,000 annually for 2006– Health and Human Services. to 2010. 2010. (2) The Access to Justice for Teens pro- Sec. 112. Reauthorization of the Court-Ap- Sec. 203. Amendments to the Rural Domes- gram is a demonstration grant program to pointed Special Advocate Program. This sec- tic Violence and Child Abuse Enforcement promote collaboration between courts (in- tion reauthorizes the widely-used Court-Ap- Assistance Program. This section reauthor- cluding tribal courts), domestic violence and

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.072 S16DEPT1 S13764 CONGRESSIONAL RECORD — SENATE December 16, 2005 sexual assault service providers, youth orga- ordination for programs that serve children prove abused women’s health and safety and nizations and service providers, violence pre- and youth (such as Head Start, child care, prevent further victimization. This section is vention programs, and law enforcement and after-school programs). It is authorized authorized at $5,000,000 annually from 2007 agencies. The purposes of the collaborative at $20,000,000 annually from 2007 through through 2011. projects are to identify and respond to do- 2011. TITLE VI. HOUSING OPPORTUNITIES AND SAFETY mestic violence, dating violence, sexual as- This section also establishes the Develop- FOR BATTERED WOMEN AND CHILDREN sault and stalking committed by or against ment of Curricula and Pilot Programs for Sec. 601. Amends the Violence Against teens; to recognize the need to hold the per- Home Visitation Projects. Home visitation Women Act to include a title addressing petrators accountable; to establish and im- services are offered in many states and on housing needs of victims of domestic vio- plement procedures to protect teens; and to some military bases to provide assistance to lence, dating violence, sexual assault and increase cooperation among community or- new parents or families in crisis. Home visi- stalking. ganizations. This section is authorized at tation services, in addition to providing as- Sec. 41401. Findings. $5,000,000 annually for 2007 through 2011 to be sistance to the parents, look for signs of Sec. 41402. Purposes. administered by Department of Justice. child abuse or neglect in the home. This pro- Sec. 41403. Definitions. (3) The third program established under vision, administered by the Office on Vio- Sec. 41404. Collaborative Grants to Develop Sec. 303 is the Grants for Training and Col- lence Against Women in the Department of Long-Term Housing for Victims. Modeled laboration on the Intersection between Do- Justice in collaboration with the Adminis- after successful affordable housing, commu- mestic Violence and Child Maltreatment tration for Children, Youth and Families in nity development, and ‘‘housing first’’ pro- program. It provides grants to child welfare the Department of Health and Human Serv- grams across the nation, this section would agencies, courts, domestic or dating violence ices, creates model training curricula and provide $10,000,000 for the Department of service providers, law enforcement and other provides home visitation services to help Health and Human Services in partnership related community organizations. Grant re- families to develop strong parenting skills with the Department of Housing and Urban cipients are to develop collaborative re- and ensure the safety of all family members. Development to fund collaborative efforts to: sponses, services and cross-training to en- The program is authorized at $7,000 per year place domestic violence survivors into long- hance responses to families where there is for 2006–2010. term housing as soon as reasonable and safe; both child abuse and neglect and domestic The final new program engages men and provide services to help individuals or fami- violence or dating violence. This section au- youth in preventing domestic violence, dat- lies find long-term housing; provide financial thorized at $5,000,000 annually 2007 through ing violence, sexual assault and stalking. It assistance to attain long-term housing (in- 2011 to be administered by the Department of authorizes the development, testing and im- cluding funds for security deposits, first Justice. plementation of programs to help youth and month’s rent, utilities, down payments, (4) The final program established under 303 children develop respectful, non-violent rela- short-term rental assistance); provide serv- is the Supporting Teens through Education tionships. The grant is administered by the ices to help individuals or families remain and Protection program to be administered Office on Violence Against Women at the De- housed (including advocacy, transportation, by the Department of Justice to eligible partment of Justice in collaboration with child care, financial assistance, counseling, middle and high school schools that work the Department of Health and Human Serv- case management, and other supportive serv- with domestic violence and sexual assault ices, and eligible entities include commu- ices); and create partnerships to purchase, experts to train and counsel school faculty nity-based youth service organizations and build, renovate, repair, convert and operate and students. state and local governmental entities. It is affordable housing units. Funds may not be Sec. 304. Reauthorization of Grants to Re- authorized at $10,000,000 annually for 2007 directly spent on construction, moderniza- duce Violence Against Women on Campus. through 2011. tion, or renovations. This amends the existing campus program to Sec. 402. Study Conducted by the Centers Sec. 41405. Grants to Combat Violence be administered by the Department of Jus- for Disease Control and Prevention. This Against Women in Public and Assisted Hous- tice on a three-year grant cycle, provides provision authorizes $2 million to the Cen- ing. This section establishes grants to assist more money and sets parameters for training ters for Disease Control to study the best public and Indian housing authorities, land- of campus law enforcement and campus judi- practices for reducing and preventing vio- lords, property management companies and cial boards. This section is authorized at lence against women and children and an other housing providers and agencies in re- $12,000,000 for 2007 and $15,000,000 for 2008 evaluation of programs funded under this sponding appropriately to domestic and sex- through 2011 (it is currently authorized at $10 Title. ual violence. Grants would provide education and training, development of policies and million). TITLE V. STRENGTHENING THE HEALTH CARE practices, enhancement of collaboration Sec. 305. Juvenile Justice. The over- SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, with victim organizations, protection of vic- whelming majority of girls entering the ju- DATING VIOLENCE, SEXUAL ASSAULT AND tims residing in public, Indian and assisted venile justice system are victims of abuse STALKING and violence, and the system must provide housing, and reduction of evictions and de- Sec. 501. Findings. adequate services that are tailored to girls’ nial of housing to victims for crimes and Sec. 502. Purposes. gender-specific needs and to their experi- lease violations committed or directly Sec. 503. Training and Education of Health ences of abuse. These provisions amend the caused by the perpetrators of violence Professionals. This section provides new Juvenile Justice and Delinquency Preven- against them. The program is authorized at grants to train health care providers and tion Act to permit grantees to detail gender- $10,000,000 and will be administered by the students in health professional schools on specific services. Office on Violence Against Women in the De- recognizing and appropriately responding to Sec. 306. Safe Havens for Children. This partment of Justice. domestic and sexual violence. The provision section continues and expands a pilot Justice Sec. 602. Transitional Housing Assistance authorizes $3,000,000 each year from 2007 Department grant program aimed at reduc- Grants for Victims of Domestic Violence, through 2011 to be administered by the De- ing domestic violence and child abuse during Dating Violence, Sexual Assault or Stalking. partment of Health and Human Services. parental visitation or the transfer of chil- Section 602 amends the existing transitional Sec. 504. Grants to Foster Public Health dren for visitation by expanding the avail- housing program created by the PROTECT Responses to Domestic Violence, Dating Vio- ability of supervised visitation centers. It re- Act and administered by the Office on Vio- lence, Sexual Assault and Stalking. Section authorizes the program for $20,000,000 annu- lence Against Women in the Department of 504 provides grants for statewide and local ally for 2007 through 2011. Justice. This section expands the current di- collaborations between domestic and sexual rect-assistance grants to include funds for TITLE IV. STRENGTHENING AMERICA’S FAMILIES violence services providers and health care operational, capital and renovation costs. BY PREVENTING VIOLENCE providers including state hospitals and pub- Other changes include providing services to Sec. 401. Findings, Purpose and Authoriza- lic health departments. These programs victims of dating violence, sexual assault tion for three new, child-focused programs. would provide training and education to and stalking; extending the length of time This section creates: (1) Grants to Assist health care providers and would develop poli- for receipt of benefits to match that used by Children and Youth Exposed to Violence that cies and procedures that enhance screening HUD transitional housing programs; and up- authorizes new, collaborative programs, ad- of women for exposure to domestic and sex- dating the existing program to reflect the ministered by the Office on Violence Against ual violence, and encourage proper identi- concerns of victim service providers. The Women in the Department of Justice in col- fication, documentation and referral for provision would increase the authorized laboration with the Administration for Chil- services when appropriate. This section is funding for the grant from $30,000,000 to dren, Youth and Families in the Department authorized at $5,000,000 annually from 2007 $40,000,000. of Health and Human Services, to provide through 2011. Sec. 603. Public and Indian Housing Au- services for children who have been exposed Sec. 506. Research on Effective Interven- thority Plans Reporting Requirement. to domestic violence, dating violence, sexual tions in the Health Care Setting to Address Sec. 604. Housing Strategies. assault or stalking for the purpose of miti- Domestic Violence. Includes funding for the Sections 603 and 604 amend the Housing gating the effects of such violence. Programs Centers for Disease Control and Prevention and Urban Development (UUD) Agency reauthorized under this section include both and Administration for Healthcare Research porting requirements imposed on public direct services for children and their non- and Quality to evaluate effective interven- housing applicants. Pursuant to the amend- abusing parent or caretaker, and training/co- tions within the health care setting to im- ment, HUD applicants must include any

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.075 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13765 plans to address domestic violence, dating Sec. 804. Protection and Assistance for Vic- applicants to access the relief, they need to violence, sexual assault and stalking in their tims of Trafficking. This section clarifies the file motions to reopen. However, due to a application. roles and responsibilities accorded to the De- drafting oversight, the deadline for filing Sec. 605. Amendment to the McKinney- partment of Justice and the Department of motions to reopen had already passed when Vento Homeless Assistance Act. This provi- Homeland Security in addressing trafficking VAWA 2000 became law. This amendment sion amends the Homeless Management In- and supporting victims. Furthermore, this corrects the drafting and allows these bat- formation Systems (HMIS) statute in the section clarifies that ‘‘assistance’’ by traf- tered immigrants to file motions to reopen McKinney-Vento Homelessness Assistance ficking victims includes responding to and and thereby access the relief that was cre- Act to protect the confidentiality of victims cooperating with requests for evidence and ated for them in VAWA 2000. of domestic violence, dating violence, sexual information. This section also makes approved VAWA assault and stalking receiving assistance Sec. 805. Protecting Victims of Child Abuse self-petitioners and their spouses eligible for from HUD-funded victim service programs. and Incest. This section clarifies language to employment authorization. Providing em- It requires that these programs refrain from ensure that children of VAWA self-peti- ployment authorization earlier in the appli- disclosing personally identifying informa- tioners abused by lawful permanent resi- cation process gives battered immigrant self- tion to the HMIS. HUD-funded victim service dents receive the VAWA immigration protec- petitioners the means to sever economic de- providers may disclose non-personally iden- tion and lawful permanent residency along pendence on their abusers, promoting their tifying information to the HMIS. with their abused parent. It also assures that safety and the safety of their children. Sec. 606. Amendments to the Low Income children eligible for VAWA immigration re- Section 814 also prohibits a VAWA self-pe- Housing Assistance Voucher Program. lief are not excluded from Child Status Pro- titioner or a T or U-visa holder from petition Sec. 607. Amendments to the Public Hous- tection Act protection. This section ening Program. Sections 606 and 607 amend the for immigrant status for their abuser. hances protection for incest victims by per- Sec. 815. Application for VAWA-Related Low Income Housing Assistance Voucher mitting VAWA self-petitions to be filed until program (also known as the Section 8 or Relief. This amendment clarifies that cer- age 25 by individuals who qualified for tain battered spouses and children can access Housing Choice Voucher program) and the VAWA relief before they were 21 but did not Public Housing program to state that an in- relief under the Nicaraguan Adjustment and file a petition before that time if the abuse Central American Relief Act that was spe- dividual’s status as a victim of domestic vio- is at least one central reason for the delayed lence, dating violence, or stalking is not an cifically created for those groups in VAWA filing. 2000. This amendment ensures relief even in appropriate basis for denial of program as- Under current law, adopted foreign-born cases where an abusive spouse or parent sistance by a public housing authority. It children must reside with their adoptive par- failed to apply to adjust the survivor’s status also states that incidents of domestic vio- ents for two years to gain legal immigration to lawful permanent residency by the statu- lence, dating violence and stalking shall not status through their adoptive parents. This tory deadline or failed to follow through be good cause for terminating a lease held by section allows adopted children who were with applications after filing. Thus, this the victim. The amendments specify that the battered or subjected to extreme cruelty by amendment prevents abusers from control- authority of an owner or PHA to evict or ter- their adoptive parent or the adoptive par- ling their non-citizen victims by blocking minate perpetrators of abuse shall not be ent’s family member residing in the house- their ability to successfully access the relief limited and gives landlords and PHAs the hold to attain legal immigration status that was intended under VAWA 2000. ability to bifurcate a lease to maintain the without having to reside for two years with Sec. 816. Self Petitioning Parents. This sec- victim’s tenancy while evicting the perpe- the abusive adoptive family member. trator. Victims must certify their status as Sec. 811. Definition of VAWA Self-Peti- tion expands the scope of VAWA immigra- victims by presenting appropriate docu- tioner. This section creates a term ‘‘VAWA tion relief to include intergenerational mentation to the PHA or owner, and the lan- self-petitioner’’ which covers all forms of abuse, allowing non-citizen parents who are guage clarifies that victims can be evicted VAWA self-petitions created in VAWA 2000 abused by their adult U.S. citizen son or for lease violations or if their tenancy poses including VAWA Cuban Adjustment, VAWA daughter to seek VAWA relief a threat to the community. HRIFA and VAWA NACARA applicants. Sec. 817. Enhanced VAWA Confidentiality TITLE VII. PROVIDING ECONOMIC SECURITY FOR Sec. 812. Application in Cases of Voluntary Non-disclosure Protections. This section VICTIMS OF VIOLENCE Departure. Under current law, people who amends VAWA’s confidentiality protections so that they cover a range of immigrant vic- Sec. 701. Resource Center on Domestic and fail to comply with voluntary departure or- Sexual Violence in the Workplace. This pro- ders are barred for 10 years from receiving tims eligible for the various forms of VAWA vision authorizes the Attorney General to lawful permanent residency through adjust- or crime victim related immigration relief award a grant to a private non-profit entity ment of status, cancellation of removal (in- including T visa victims, VAWA Cubans, or tribal organization for the establishment cluding VAWA cancellation), change of sta- VAWA HRIFAs, VAWA NACARAs and and operation of a national resource center tus, and registry. Denying lawful permanent VAWA suspension applicants. This section to provide information and assistance to em- residency to immigrant victims of domestic also ensures that VAWA confidentiality ployers and labor organizations to aid vic- violence, sexual assault and trafficking un- rules apply to each relevant federal agency tims of domestic violence, dating violence, dermines Congressional intent to provide im- including the Department of Homeland Secu- sexual assault, and stalking. A million dol- migration relief crucial to supporting crime rity and the Department of State. lars would be appropriated annually for fis- victims cooperating with law enforcement Sec. 821. Duration of T and U visas. This cal years 2007 through 2011 to support these and offering protection for battered immi- provision would authorize issuance of T and activities. grant spouses and children. This section ex- U visas for a period of not more than 4 years. Sec. 822. Technical Correction to Ref- TITLE VIII. PROTECTION OF BATTERED AND empts victims eligible for VAWA, T or U re- erences in Application of Special Physical TRAFFICKED IMMIGRANT WOMEN lief from the harsh consequences of failing to Presence and Good Moral Character Rules. Sec. 801. Treatment of Spouse and Children comply with voluntary departure orders as This section corrects two technical drafting of Victims. For some trafficking victims, long as the extreme cruelty or battery is at errors. First it ensures that the provisions providing assistance in the investigation or least one of the central reasons for the over- on physical presence and on good moral prosecution of the trafficking case can en- stay. character apply to all VAWA cancellation danger or traumatize the victim or her fam- Sec. 813. Removal Proceedings. This sec- applicants. Second it corrects an incorrectly ily members. The ability to ensure safety of tion adds domestic abuse to the list of excep- cited section so that the ‘‘good moral char- family members living abroad is crucial to tional circumstances that allow immigrants acter’’ bar applies to bigamy, not unlawful trafficking victims’ or crime victims’ well to file motions to reopen in removal pro- presence. being and ability to effectively assist in ceedings. VAWA 2000 allowed immigration prosecutions. This section allows T and U judges in cancellation of removal and adjust- Sec. 823. Petitioning Rights of Certain visa holders’ spouse, children, parents, and ment of status proceedings to waive ineligi- Former Spouses Under Cuban Adjustment. unmarried siblings under 18 to join them in bility grounds for some VAWA eligible bat- This section would ensure that battered im- the United States. tered petitioners, who acted in self defense, migrants are still able to adjust under Sec. 802. Permitted Presence of Victims of violated their own protection order, or were VAWA Cuban adjustment relief even if they Severe Trafficking. This section permits involved in a crime that didn’t result in seri- are divorced from the abuser. This provision trafficking victims’ unlawful presence in the ous bodily injury or where there was a con- is necessary to prevent abusers from cutting United States only if the trafficking is at nection between the crime and their own their spouses off from potential immigration least one central reason for the unlawful abuse. This section corrects drafting errors status adjustment by divorcing them. presence. The limited exception to the un- that have made these waivers procedurally Sec. 824. Self-Petitioning Rights of HRIFA lawful presence provision is identical to that unavailable to battered immigrant victims. Applicants. This amendment clarifies that afforded to non-citizen survivors of domestic Sec. 814. Eliminating Abusers’ Control Haitian abused applicants can access relief abuse. Over Applications and Limitation on Peti- that was specifically created for them in Sec. 803. Adjustment of Status for Victims tioning for Abusers. The Violence Against VAWA 2000. Abusers could control battered of Trafficking. This section shortens the ad- Women Act enabled battered Haitian Ref- immigrants by not adjusting their own sta- justment time and allows trafficking victims ugee Immigration Fairness Act and Cuban tus to lawful permanent residency pursuant to apply for lawful permanent residency 2 Adjustment Act applicants to apply for to the Haitian Refugee Immigration Fairness years after receiving a T visa. VAWA immigration relief. In order for these Act (‘‘HRIFA’’). The abuser may not follow

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.078 S16DEPT1 S13766 CONGRESSIONAL RECORD — SENATE December 16, 2005 through with the lawful permanent resi- cy or non-governmental advocacy organiza- Under current law, federal courts have ex- dency application or fail to file an application. clusive jurisdiction over domestic violence tion at all. This technical correction rem- Sec. 834. Sharing of Certain Information. crimes committed in Indian country where edies the problem to ensure that all abused This section provides that there is no bar to the perpetrator is a non-Indian and the vic- spouses and children otherwise eligible for the sharing of information between the rel- tim is an Indian, and concurrent jurisdiction VAWA HRIFA are able to access this relief. evant departments for the purpose of ful- with the tribal courts where the perpetrator Sec. 825. Motion to Reopen. This section, a filling the disclosure requirements of the is an Indian and the victim is a non-Indian. correction to VAWA 2000, gives domestic U.S. petition. Under this scheme, federal officers can only abuse victims the opportunity to file one TITLE IX. SAFETY FOR INDIAN WOMEN arrest for misdemeanors that occur in the motion to reopen to pursue VAWA relief, and Sec. 901 and 902. Findings and Purposes. presence of the arresting officer. Most do- exempts them from the special motion to re- Sec. 903. Consultation Requirement. This mestic violence offenses are misdemeanors open filing deadlines. section requires the Secretary of the Interior not committed in the presence of a federal Sec. 826. Protecting Abused Juveniles. This and the Attorney General to consult with officer. Accordingly, this amendment will section assures that immigration authorities and seek recommendations from tribal gov- eliminate that requirement and allow a fed- are not required to contact abusive parents ernments concerning the administration of eral arrest if there is reasonable grounds or family members in connection with the tribal VAWA funds and programs. that the offense was committed. Finally, the abused, neglected, or abandoned juvenile’s Sec. 904. Analysis and Research of Violence provision creates a repeat offender provision. application for special immigrant juvenile Against Indian Women. This provision re- TITLE X. DNA FINGERPRINTING status. This prevents abusive parents from quests that the National Institute of Justice keeping their children from accessing help conduct a national baseline study to exam- Sec. 1001. Short Title. and support in the United States. ine violence against Indian women and the Sec. 1002. Use of Opt-Out Procedure to Re- Sec. 827. Exceptions for the Protection of effectiveness of Federal, State, local and move Samples from National DNA Index. Be- Domestic Violence and Crime Victims. This tribal responses. It also requires the Attor- cause this title expands the scope of the na- section carves out an exception to the cur- ney General to establish a task force to as- tional DNA database to include DNA samples rent requirements regarding driver’s license sist in the development and implementation from arrestees, this particular section or identification cards for victims of domes- of the study and report to Congress. Mem- amends the current expungement protocols tic violence to ensure their safety. bers of the study shall include tribal govern- and directs the FBI to remove samples in the Sec. 831. Short Title for the International ments and national tribal organizations. The event of an overturned conviction, acquittal, Marriage Broker Regulation Act of 2005. violence study is authorized at $1,000,000 for or the charge was dismissed. Sec. 832. International Marriage Broker In- fiscal years 2007 and 2008. In addition, this Sec. 1003. Expanded Use of COIS Grants. To formation Requirements. This section pro- section requires the Secretary of Health and reduce the extraordinary backlog of rape vides that a U.S. citizen filing a petition for Human Services to conduct a study of inju- kits and other crime scene evidence waiting a K visa for a fiancee from another country ries to Indian women from incidents of do- for DNA testing, the federal government must provide information on criminal con- mestic violence, dating violence, sexual as- makes available to States a targeted DNA victions for specified crimes. These include a sault and stalking and the costs associated grant program. Specifically, States may list of violent crimes, including assault and with these injuries. The injury report shall seek funding to reduce the backlog in crime battery as well as crimes relating to sub- be reported to Congress and is authorized at scene evidence, to reduce the backlog in stance or alcohol abuse. The Department of $500,000 for fiscal years 2007 and 2008. DNA samples of offenders convicted of quali- Homeland Security will provide this crimi- Sec. 905. Tracking of Violence Against In- fying state offenses, or to enhance the nal history information, along with results dian Women. In cases of domestic violence, State’s DNA laboratory capabilities. This of their search for any criminal convictions dating violence, sexual assault and stalking, section would expand the grant purpose re- to the foreign national beneficiary. The De- the provision authorizes tribal law enforce- garding offender DNA samples to include all partment of State is prohibited from approv- ment to access and enter information on to samples collected under applicable state law; ing a fiancee visa if the petitioner has peti- Federal criminal information databases (set accordingly, States could use federal funding tioned for more than 2 K visas in the past, or out in 28 U.S.C. § 534). Second, it permits to test samples collected from arrestees or less than 2 years have passed since the peti- tribes to develop and maintain national trib- voluntary elimination samples. tioner filed for a K visa and that visa was ap- al sex offender registries and tribal protec- Sec. 1004. Authorization to Conduct DNA proved. DHS can waive this bar, but if person tion order registries. To undertake the lat- Sample Collection From Persons Arrested or has history of violent crimes, the bar cannot ter, the provision authorizes $1,000,000 for fis- Detained Under Federal Authority. Current be waived unless DHS determined that there cal years 2007 through 2011. law allows federal authorities to collect DNA are extraordinary circumstances, or the indi- Sec. 906. Safety for Indian Women Formula samples from individuals upon indictment. vidual’s crimes were a result of domestic vio- Grants. To better administer grants to In- This provision would expand that authority lence, the individual was not the primary dian Country and enhance the responses of to permit the Attorney General to collect perpetrator of the violence, and the crime Indian tribal governments, this measure au- DNA at arrest or detention of non-United did not result in serious bodily injury. DHS thorizes the Office on Violence Against States persons. is directed to create a database to track re- Women to combine all Native American set Sec. 1005. Tolling of Statute of Limitations peated K applications and notify petitioner asides appropriated under this Act and cre- for Sexual Abuse Offenses. This amendment and spouse when second K is applied for in ate a single grant source. strikes a carve-out authorizing John Doe in- 10-year period. All future K applications will Sec. 907. Deputy Director in the Office on dictments in sexual assault crimes and trigger similar notice, with domestic vio- Violence Against Women. To coordinate and makes uniform the federal law that tolls the lence pamphlet being sent to K beneficiary. guide Federal, State, local and tribal re- statute of limitations for all federal crimes The fact that an individual was provided sponses to violence against Indian women, where DNA evidence is collected (§ 3297). with this information and the domestic vio- this provision establishes a Deputy Director The bill (H.R. 3402), as amended, was lence pamphlet for immigrants cannot be of Tribal Affairs in the Office on Violence read the third time and passed. used to deny their eligibility for relief under Against Women. The Deputy Director is VAWA. charged with several duties, including, but f Sec. 833. Domestic Violence Information not limited to, oversight of tribal grant pro- UNANIMOUS CONSENT REQUEST— and Resources for Immigrants and Regula- grams and developing federal policies and S. RES. 336 tion of International Marriage Brokers. This protocols on matters relating to violence section directs DOS, DHS and DOJ to create against Indian women. In addition, the Dep- Mr. SANTORUM. Mr. President, I am a pamphlet on domestic violence rights and uty Director is authorized to ensure that going to propound what I hope will be resources for immigrants as well as a sum- some portion of tribal funds distributed two unanimous consent requests about mary of that pamphlet for use by Federal of- through VAWA programs will be devoted to one particular issue. The issue is on ficials in the interview process. The pam- enhancing tribal resources such as legal the anti-Semitic statements made by phlet is to be translated into at least 14 lan- services or shelters for Indian women victim- the President of Iran, Mr. guages and the required list of translations ized by domestic violence or sexual assault. is to review and revised every 2 years based Sec. 908 and 909. Enhanced Criminal Law Ahmadinejad, who said, among other on the language spoken by the greatest con- Resources and Domestic Assault by Habitual things, that the state of Israel should centration of K nonimmigrant visa appli- Offender. Sections 908 and 909 make several be wiped off the face of the Earth. We cants. The pamphlet is to be mailed to all K changes to existing criminal law. Under cur- have been working cooperatively to try applicants with their visa application proc- rent law persons who have been convicted of to get this resolution cleared, con- ess instruction packet as well as a copy of a qualifying misdemeanor crime of domestic demning those statements. We had the petition submitted by the petitioner. The violence under federal or state law are pro- some concerns raised with the resolu- pamphlet is to be made available to the pub- hibited from possessing firearms. This lic at all consular posts, and posted on the amendment would expand that prohibition tion which I will discuss in more detail. DOS, DHS, and consular post websites. The to those persons convicted of a qualifying We finally have a version cleared, and pamphlet will also be provided to any inter- misdemeanor crime of domestic violence I will discuss in detail how we had to national marriage broker, government agen- under tribal law. work through that. Suffice it to say

VerDate Aug 31 2005 04:11 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.081 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13767 that it is good to see that we are going Whereas on December 14, 2005, Mr. the President of a country. It is unbe- to finally get strong bipartisan support Ahmadinejad said live on Iranian television, lievable. As unbelievable as that state- to condemn this conduct and call for ‘‘they have invented a myth that Jews were ment is, it is almost equally unbeliev- Iran to be a constructive partner in the massacred and place this above God, reliable, the silence of response from the gions and the prophets.’’; peace process in the Middle East. Whereas the leaders of the Islamic Repub- civilized world in condemning this I ask unanimous consent that the lic of Iran, beginning with its founder, the statement and calling for actions on Senate proceed to the immediate con- Ayatollah Ruhollah Khomeini, have issued the part of the United Nations to consideration of S. Res. 336, a resolution to statements of hate against the United demn Iran, sanction Iran, and a whole condemn the recent destructive and States, Israel, and Jewish peoples; host of other remedies available. anti-Semitic statements of the Presi- Whereas certain leaders, including Ahmadi This condemnation we passed is a dent of Iran which I submitted earlier Nezhad, and the Supreme Leader, Ali mild condemnation. We tried to make today. I ask that the resolution be Khamenei, have similarly called for the de- it a little stronger. We didn’t achieve struction of the United States, and the Is- agreed to, the preamble be agreed to, lamic Republic of Iran has funded, armed, that. But what we need to recognize is and the motion to reconsider be laid trained, assisted, and sheltered leading ter- that Iran, as the President has said, is upon the table. rorists, including terrorists in Iraq who use a real threat. It is a real threat because Mr. WYDEN. Mr. President, while I Iranian support to kill military personnel of there are people in that country, not personally am vehemently opposed to the United States; the average Iranian but people at the the statements that have been made by Whereas an estimated 6,000,000 Jews were leadership levels of that government the President of Iran, I have been killed in the Nazi Holocaust; who have explicit designs to not only asked by the Members on this side of Whereas the remarks of President disrupt the process of democracy build- Ahmadinejad have been denounced around the aisle to object, and I do so object. the world and condemned by among others, ing in the Middle East but also disrupt The PRESIDING OFFICER. Objec- the political leaders of the United States, any attempt for peace and finally tion is heard. Arab nations, Israel, Europe, and the United eliminate millions of Israelis from the f Nations; face of the Earth. Whereas it is a crime in the Federal Repub- That is something that the civilized CONDEMNING ANTI-SEMITIC lic of Germany to deny the existence of the world should not stand for. The United STATEMENTS OF THE PRESI- Holocaust; and Nations should not stand for it, should DENT OF IRAN Whereas the United Nations, in General not countenance the continuation of Mr. SANTORUM. Mr. President, I Assembly Resolution 181 (1947), rec- Iran sitting where they sit without ommended the adoption of the Plan of Parti- ask unanimous consent that the Sen- tion with Economic Union for Palestine, having to undergo some sort of sanc- ate proceed to the immediate consider- which called for an independent Jewish tion or reprimand. ation of S. Res. 337, a revised version of State: Now, therefore, be it It is important to understand how de- the same resolution. Resolved, That the Senate— stabilizing Iran is in our fight to create The PRESIDING OFFICER. The (1) condemns the recent statement by stable democracies in the Middle East, clerk will report the resolution by President Ahmadinejad that denied the oc- how they foment anti-Semitic, anti-Zi- title. currence of the Holocaust and supported onist, as well as anti-democratic senti- The assistant legislative clerk read moving the State of Israel to Europe; ment in the Middle East, and how they (2) demands an official apology for these as follows: damaging, anti-Semitic statements that ig- sponsor terrorism. A resolution (S. Res. 337) to condemn the nore history, human suffering, and the loss One of the pieces of legislation I am harmful, destructive, and anti-Semitic state- of life during the Holocaust; most proud of in my time in the Senate ments of Mahmoud Ahmadinejad, the Presi- (3) and was the Syrian Accountability Act. dent of Iran, and to demand an apology for (6) reaffirms the need for Iran to— Throughout the years, Iranian influ- those statements of hate and animosity to- (A) end its support for international terence in Lebanon and Syria has op- ward all Jewish people of the world. rorism; and pressed fellow Arabs. Well, Iranians are There being no objection, the Senate (B) join other Middle Eastern countries in not Arabs but oppress fellow Muslims seeking a successful outcome of the Middle proceeded to consider the resolution. and obviously some Christians. But it Mr. SANTORUM. I ask unanimous East peace process. Mr. SANTORUM. Mr. President, I is important for us, as a Senate, as a consent that the resolution be agreed thank the Senator from Oregon. I know people, to understand the threat that to, the preamble be agreed to, and the he personally believes in the original Iran poses to everything we believe in motion to reconsider be laid upon the resolution. Before I get into the dis- and the larger picture of what we are table. parities between the two resolutions trying to accomplish in Iraq and the The PRESIDING OFFICER. Without and some of the difficulty we have had Middle East. objection, it is so ordered. over the last several days in trying to We are trying to do something that The resolution (S. Res. 337) was pass this resolution, it is important to for a long time people in this country agreed to. understand how reprehensible these and even some today believe is not pos- The preamble was agreed to. statements are and how dangerous sible. Some have suggested we can’t The resolution, with its preamble, they are in light of not only the con- win the mission we have engaged in. reads as follows: flicts within the Middle East but the The mission we have engaged in is to S. RES. 337 frightening perspective of Iran having create a stable democracy in the Mid- Whereas Mahmoud Ahmadinejad, the nuclear capabilities. dle East, in the Arab world. The mis- President of Iran, declared in an October 26, We hear mixed reports. We have sion we have engaged in, more fun- 2005, address at the World Without Zionism heard reports from the overseas press damentally, is to provide increased na- conference in Tehran that ‘‘the new wave in the last few weeks about fears that tional security to this country. That is that has started in Palestine, and we witness Iran is actually within months, poten- the first mission. it in the Islamic World too, will eliminate tially, of having nuclear weapons capa- The strategy is to ensure security for this disgraceful stain from the Islamic World’’ and that Israel ‘‘must be wiped off bility. The idea that a country with a this country. The tactic is to establish the map.’’; President who says that Israel should democracies in an area of the world Whereas the President of Iran told report- be wiped off the map and then amends that threatened this country. Iran ers on December 8th at an Islamic conference the statement, if you can call it that, stands starkly opposed to that objec- in Mecca, Saudi Arabia, ‘‘Some European to say, Well, maybe they could move it tive and, further, with statements such countries insist on saying that Hitler killed to Europe, Germany or Austria, as as this, destabilizes the entire region millions of innocent Jews in fur- Charles Krauthammer recently noted: and foments and uses sort of the lowest naces. . .although we don’t accept this . . . perhaps near the site of an old con- base, primitive instincts of the haters claim.’’; centration camp. Whereas Mr. Ahmadinejad then stated, ‘‘If in the Middle East to undermine our the Europeans are honest they should give This is the kind of ridiculous state- objective. some of their provinces in Europe . . . to the ment one would expect out of a street We are succeeding in Iraq in spite of Zionists, and the Zionists can establish their merchant who is out there spewing the Iranians. We are succeeding in Af- state in Europe.’’; anti-Semitic statements but not from ghanistan in spite of the Iranians. We

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.114 S16DEPT1 S13768 CONGRESSIONAL RECORD — SENATE December 16, 2005 are moving democracy forward. But we importance of that particular legisla- I appreciate my colleagues for agree- dare not take our eye off what Iran is tion and the symbolism of America ing to pass this resolution. I thank all doing and is preparing. They are ac- standing with the people of Lebanon of the cosponsors. There were some 20 tively pursuing a nuclear weapons pro- against the evil dictator in Syria. cosponsors of this resolution. The first gram under the nose of the rest of the The symbolism of us passing this res- Democrat was Senator MIKULSKI. I also world, with virtually no real attempt olution today, and the more than the thank my colleague in the chair for his to limit that development. symbolism of passing the Iran Freedom patience and allowing me the oppor- When you see these statements com- and Support Act, is an important sign tunity to speak here tonight. He is also bined with that, it is a flare that in a time now with these kinds of com- a cosponsor of the resolution. No one is should be going up across the world of ments that Iran has popped its head up a stronger advocate for peace and the what we may be confronted with in the again—its rather unattractive head—in mission we are trying to accomplish in next months or years, with a nuclear the area of influencing policy in the the Middle East, and as well for the bomb. This resolution is a statement Middle East. We tried in this resolution protection of the state of Israel, than that needed to be made. I am glad we to match the language of the Iranian the occupant of the chair. It is a pleas- passed this resolution. But we need to bill I have introduced with the lan- ure to have the Senator from Min- do more. I have authored a piece of leg- guage, as I said, with this resolution, nesota in the chair while I am deliv- islation on Iran, which calls for the but unfortunately, we were not able to ering these remarks. The Senator from funding of pro-democracy groups with- clear that language. I want to read the Minnesota is truly one of the great in Iran. Others have offered ideas to changes we had to make in the resolved leaders on the Foreign Relations Com- provide increased sanctions on Iran. section of the resolution that were mittee in this regard. I commend him If you look at people who study the struck as unacceptable for us to be able for his efforts. I know he will be work- country of Iran and tell you—we had a to pass it by unanimous consent. The ing with me on the Iran bill, on which very good hearing that Senator COBURN portions we had to drop were two re- he is a cosponsor, in trying to send a chaired a few weeks ago. When you lis- solved sections. The three things that statement from the Senate that Iran is tened to the testimony at that hearing, are in the final version that passed say: a threat—a real threat—and we need to which I had the opportunity to do for a Resolved, That the Senate do something other than simply stand little while, you hear that the Iranian (1) condemns the recent statement by back and jawbone international organi- street is one that is largely sympa- President Ahmadinejad that denied the oc- zations—feckless international organi- thetic to the United States and to the currence of the Holocaust and supported zations— in some respects, as the Sen- cause of freedom and democracy. They moving the State of Israel to Europe; ator from Minnesota knows, corrupt are oppressed people. Oppressed people (2) demands an official apology for these international organizations—to do damaging, anti-Semitic statements that ig- something that they have shown no de- generally do want and seek freedom. So nore history, human suffering, and the loss we have, I believe, an opportunity, as of life during the Holocaust; sire, willingness, or ability to accom- we have had opportunities in the past, (6) reaffirms the need for Iran to plish, and that is to spread democracy, when we lent our ideas and our encour- (A) end its support for international ter- to lift people out of bondage into free- agement to help develop either exile rorism; dom. movements or freedom movements (B) join other Middle Eastern countries in We in the United States have to within the countries that are a threat seeking a successful outcome of the Middle begin to take steps. The steps we are to the region and a threat to our coun- East peace process. talking about in this resolution and try. What was struck were two sentences: the bill we hope to pass next year are It is important for the Senate to The Senate supports efforts by the people not military steps. That is the last re- speak out and say we stand with you— of Iran to exercise self-determination over sort. But we need to start acting. Sit- those of you who seek freedom, those the form of government of their country. ting silently by, doing nothing as a of you who seek democracy, those of That was not acceptable to some here crazy man as president of a country, you who do not want to be threatening in the Senate. And second is: potentially developing nuclear weapons to your neighbors, or say, as the Presi- The Senate supports a national referendum in the most sensitive area of the world dent of Iran has said, he wants to wipe in Iran, with oversight by international ob- is not acceptable for the Senate and is Israel off the map. We have an obliga- servers and monitors, to certify the integrity not acceptable for this country. tion in the Senate, and I will be press- and fairness of the referendum. I yield the floor and suggest the ab- ing very hard next year to pass my leg- So we could not adopt tonight in the sence of a quorum. The PRESIDING OFFICER. The islation on Iran. Senate the Senate saying to the people I remember several years ago when of Iran that we support efforts of self- clerk will call the roll. The assistant legislative clerk pro- Senator BOXER and I introduced legis- determination and a national referendum that was free and fair. That ceeded to call the roll. lation on Syria, and we did not get a Mr. REID. Mr. President, I ask unan- is, in my mind, a rather unfortunate lot of support in the committee and imous consent that the order for the occurrence. But I found, from my per- had trouble on the floor of the Senate. quorum call be rescinded. We had trouble at the White House. spective, that it was so important to The PRESIDING OFFICER (Mr. condemn these actions that we agreed They were opposed to the bill. Eventu- VITTER). Without objection, it is so orally, the administration, the com- to strike those two sentences from the dered. mittee, and the Senate came along and resolved clauses. I don’t necessarily un- f we were able to pass the Syria Ac- derstand why anyone would oppose ei- countability Act. Literally, within a ther of those sentences, those resolved USA PATRIOT ACT few months, we saw dramatic changes clauses. They state that we are for Mr. REID. Mr. President, this morn- in Lebanon. freedom and democracy for all people, ing the Senate voted to continue debat- The Syria Accountability Act was a including the people of Iran. Maybe it ing on the conference report on the PA- measure that called for Syria to get is because we are pursuing that and it TRIOT Act. Clearly, Senators believe out of Lebanon and imposed sanctions becomes such an issue of partisan con- we can do better in protecting the pri- on Syria for not doing so. The Presi- troversy in the country of Iraq—or say- vacy of innocent Americans while we dent, to my dismay, in some respects, ing we support that same thing in Iran fight terrorism. No one seriously be- didn’t support it at first. Presidents would somehow taint their criticism of lieves that the expiring provisions of don’t often like Congress telling them the current mission in Iraq. I don’t the PATRIOT Act should be allowed to what to do when it comes to foreign know. I am still groping for answers as lapse while this debate continues. policy. But this President not only to why those two clauses were not ac- I am disappointed that our distin- signed the Syria Accountability Act, ceptable. guished majority leader objected twice he implemented the sanctions—a tough What was not acceptable were the to a unanimous consent to extend the regime of sanctions—and it had a tre- comments and the actions of devel- expiring provisions of the act for 3 mendous effect. I have had people come oping nuclear weapons by the terrorist months. I cannot believe that my dis- over from Lebanon and tell me of the regime in Iran. tinguished friend, the majority leader,

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.115 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13769 wants these authorities to expire. I do the support for this provision in the should discuss and should discuss as a not believe the President of the United House, the Senate would be asked to nation. States would be willing to let these violate our rules so that the majority We passed the PATRIOT Act because provisions expire when we all agree can reward its friends in the oil and gas of our concern about the threat of ter- they are important tools for our Na- industry. rorism. It is an act with over 100 dif- tion’s law enforcement authorities. It We had procedures in the Senate ferent provisions in it. It was passed would be irresponsible and a derelic- where we lost on ANWR. It was placed with only one dissenting vote in the tion of duty for the administration to in a bill called reconciliation. The Senate. It included sunset provisions allow these provisions to expire. By re- House stripped it out. We did not. Let on some controversial parts of it, so fusing to reauthorize these parts of the us play by the rules. that 4 years after we passed it we could PATRIOT Act, the President and the I do not support ANWR. It is the take another look to make sure that, Republican leadership are playing poli- most important issue in America to in fact, we had done the right thing, we tics with the American people’s safety. the environmental community. There were not overstepping. We want to give We have bipartisan support for reau- is no issue more important than our Government enough power to pro- thorizing the PATRIOT Act. That was ANWR. It is a sign of what this country tect us, but we certainly don’t want to proven in a unanimous vote in the Sen- is all about environmentally. If the surrender our basic rights and liberties ate. We want a 3-month extension of majority proceeds along this course if it is not needed. the PATRIOT Act in its current form and is permitted to abuse its power and So we had the reauthorization of the so that we can pass a better bill than run roughshod over the Senate rules, PATRIOT Act up before us and debated the one that came before the Senate there will be no prohibition against exit in the Senate Judiciary Committee today in the form of a conference re- ceeding the scope of conference on any on which I serve. We reached a bipar- port, a better bill that will have the conference report. To further show the tisan consensus for reauthorizing that act, a unanimous vote at the Senate confidence of the American people. The cynicism of people who are pushing Judiciary Committee. I have never American people are afraid. They are this, they are telling people: Do not seen it on an issue of this magnitude, afraid of Big Brother. We, this great worry about it, we will violate the but it happened. I believe it was an in- country, should not become Big Broth- rules today, change precedent, and we dication that there is a reasonable way er. We need more checks in this law to will change them right back tomorrow. to craft the PATRIOT Act so that, in protect the privacy of ordinary Amer- This is an abuse of power. It would fact, it serves our needs of national se- ican citizens who have nothing to do have far-reaching consequences for this curity but does not go too far. That bill with terrorism. I support giving the body. It would be a huge mistake for then passed the Senate on a voice vote. Government the tools it needs to fight the Senate and the American people. There was no controversy, no debate, terrorism. I voted for the first PA- We can do better than that. Let us because we had struck a legitimate bi- have a fair fight where we have winners TRIOT Act, but we need more over- partisan compromise. sight and checks to protect against and losers. That is the way ANWR was Then the bill went to conference, and Government overreaching and abuse of done. I was disappointed when that was in conference other forces were at these tools. lost, but it was lost fairly and square- work. As a result of their work, the bill We have had these years to find out ly. Do not violate the rules. That is was changed. It was changed in signifi- how the first PATRIOT Act worked. what I tell my friends on the other cant ways, ways which I believe went We know there were problems with the side. too far, too far in giving the Govern- first PATRIOT Act. We need to correct We realize that with the 45 votes we ment authority and power over our these problems. Just as Senator have, we cannot do it on our own. We personal lives and privacy that is un- MCCAIN persuaded the President, we need help from people of good will on necessary. I believe that any person needed to check potential excesses in the other side of the aisle. There are suspected of criminal or terrorist ac- interrogation tactics. We also need to people who believe as fervently in this tivity, any activity that is considered ensure that we have put in place environmental standard as I do, and I to be part of a terrorist network, checks on the Government’s power to would call upon them to vote their con- should be treated in the harshest and trample on the privacy of innocent science, to do what is right for this most serious way. I want to keep Americans. body and do what is right for this coun- America safe. I want my family, my I would hope people would under- try. This is a procedural vote that children, everyone’s family, to be safe. stand that legislation is the art of com- makes the Senate different from any But I want to make certain that when promise and that the Republican lead- legislative body in the history of the we draw up this PATRIOT Act, we do ership in the Senate, in the House, and world. The Senate is the greatest delib- not go too far. the White House should move to work erative body in the history of the As a result of the conference com- on a compromise, accept our 3-month world. Do not be playing fast and loose mittee, a bipartisan group of Senators, suggestion, giving Senators LEAHY and with the rules that govern this Senate. Republicans and Democrats, came to- SPECTER, the leaders of our Judiciary I suggest the absence of a quorum. gether in opposition to this conference Committee, time to work out the dif- The PRESIDING OFFICER. The report—a bipartisan group of Senators. ferences. clerk will call the roll. Today, this morning, we had a vote on f The assistant legislative clerk pro- the Senate floor. This vote was what ceeded to call the roll. ARCTIC NATIONAL WILDLIFE we call cloture, whether we will close Mr. DURBIN. Mr. President, I ask REFUGE debate, and as a result of the vote the unanimous consent that the order for matter is still open, still unresolved. Mr. President, I wish to quickly com- the quorum call be rescinded. It is important to know one thing be- ment on another matter of vital impor- The PRESIDING OFFICER. Without fore the President’s address. I hope the tance to the country. It appears that objection, it is so ordered. President will honestly tell the Amer- the majority is strongly considering Mr. DURBIN. Mr. President, I ask ican people tomorrow what happened whether to hold our troops hostage at a unanimous consent to speak as in today in the Senate. time of war in order to sneak in a last morning business. Early this morning, Senator FRIST, minute special interest rider that can- The PRESIDING OFFICER. Without who is on the floor at this moment, the not be passed within the Senate’s rules. objection, it is so ordered. Republican majority leader, met with Senate Democrats support the Defense f Senator HARRY REID, the Democratic appropriations conference report, but leader, to discuss this important topic. it would be an egregious abuse of power THE PATRIOT ACT At the time, Senator REID told him on behalf of the oil and gas industry to Mr. DURBIN. Mr. President, we have that we believed we were not going to allow the thing we call ANWR to vio- been informed that President Bush’s close down debate on the PATRIOT Act late the Senate rules and attach a spe- radio address tomorrow will be about and asked if there was a way that we cial interest provision in this legisla- the PATRIOT Act. It is not a surprise. could reach an agreement on a bipar- tion. Because Republicans cannot get This is an important issue. It is one we tisan basis to extend the bill, extend

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.118 S16DEPT1 S13770 CONGRESSIONAL RECORD — SENATE December 16, 2005 the PATRIOT Act for at least 3 Science Subcommittee that produced— must do it in collaboration with other months. along with the House, of course, and countries. I don’t think we should just We were unable to reach an agree- the full Commerce Committee—what I consider ourselves competitors with ment at that meeting. think is an excellent authorization of other countries. If we are going to be Then on the floor Senator HARRY our National Aeronautics and Space the leader, we should lead. We should REID of Nevada, on behalf of the Demo- Administration. go forward. We should break the bar- crats, offered before the vote to the Re- I worked with my colleague, Senator riers. And we should share with others publican side of the aisle to extend the NELSON of Florida, to produce a bill what we have learned for the good of PATRIOT Act as it is presently written that does envision the flight to space, mankind. That is exactly what this bill for 3 months so that there would not be the flight to the moon again, and then envisions. any possible gap in coverage for the se- to Mars. It is the vision laid out by It also supports aeronautical re- curity of America. There was an objec- President Bush in January of 2004. It is search. This has been a fundamental tion from the Republican side. incumbent on Congress to lead the Na- part of NASA activities since its incep- After the cloture vote on the PA- tional Aeronautics and Space Adminis- tion. It will allow us to continue the TRIOT Act—in fact, cloture was not in- tration and also to support it fully so great work that has been done in the voked—another motion was made, this that we will continue the vision that past. It will assure that we take the time by Senator PATRICK LEAHY of John F. Kennedy had when he said: We next step toward the crew return vehi- Vermont. Senator LEAHY asked for a 3- will put a man on the moon. Now we cle that will replace the shuttle at the month extension of the PATRIOT Act can take it the next step and put a man earliest possible time. We will accel- so we could work out the differences. on Mars, a woman on Mars. erate that process. Not once, not twice, but three sepa- It is important that we understand I am very proud of this conference re- rate times today on the Democratic that this is important not only because port. The House and Senate worked to- side of the aisle we have reached out to it is a huge feat and victory for the gether very well. It was a bipartisan ef- the Republican side of the aisle and world that we can do this but also be- fort and a bicameral effort. We are said let us try to resolve our dif- cause we get so much basic science going to see a new impetus for NASA ferences in a bipartisan way, let us try from making this commitment. It im- with the support of Congress and the proves our quality of life right here on to make sure that we extend the PA- President. That is exactly what this Earth. TRIOT Act so there is no question country should be doing at this time. This conference committee report about the security of America. I yield the floor. does authorize funding for NASA at Tomorrow the President will address $17.9 billion in 2007 and $18.7 billion for f this issue. I hope in the course of ad- 2008. That gets us on track to fund the HONORING OUR ARMED FORCES dressing it the President acknowledges shuttles that will continue to build out the obvious. We have tried our very STAFF SERGEANT DAN CUKA the space station and also to begin im- Mr. JOHNSON. Mr. President, I am best on a bipartisan basis to extend the mediate work on the crew return vehi- saddened to report the passing of SSG PATRIOT Act, once informally and cle that will be the next generation of Dan Cuka of Yankton, SD. Staff Ser- twice on the floor of the Senate today, vehicle going into space after the space geant Cuka, a member of the South Da- and all three times it has been re- station has been completed. jected. It is a congressional responsibility to kota National Guard, was killed on De- We will continue to make that offer set the parameters for what we do with cember 4, 2005, while serving in Oper- on the Democratic side. We want to NASA, and we are taking that respon- ation Iraqi Freedom. work this out. We want a good PA- sibility seriously. We believe that we Staff Sergeant Cuka was assigned to TRIOT Act that protects America and should finish the space station, finish Yankton’s Charlie Battery, 1st protects our freedoms. We believe we the international commitment that we Battallion, 147th Field Artillery Unit. can be safe in America and we can be have made to our partners and allies Charlie Battery was mobilized in July free. who have put millions of dollars in the 2005 and deployed to the Middle East in I think a bipartisan vote today is a space station, and so that we can con- October 2005. Staff Sergeant Cuka died message to the White House and to the tinue the basic science research nec- when multiple improvised explosive de- House conferees that the Senate bill essary, not only for us to learn how we vices detonated near his military vehi- that was passed, a carefully crafted can live and work in space for those cle in Baghdad, Iraq. bill, is a bill that should get us into the people who will be going to the moon Dan is survived by his wife of 5 years, reauthorization of the PATRIOT Act. again and then later to Mars but also Melissa, and their children, Abby and We stand ready to work with our Re- for the basic geological findings we Alex. Melissa remembers him as, ‘‘liv- publican colleagues on a bipartisan know we can find if we explore the ing each day of his life the way he basis to make sure we have a good, Moon and hopefully Mars. And some- chose based on devotion to his family strong PATRIOT Act reauthorized and thing that was said at one of our Com- and his passion for the military. We all protecting America, and take out those merce Committee hearings by Dr. Sam believe Dan died doing what he strong- objectionable provisions which go too Ting of MIT, there is very important ly believed in.’’ He was regarded as far in invading the personal rights of physics research that using the cosmic taking his military duty very seri- and privacy of innocent American citi- rays to determine how we might have ously, and his leadership in his bat- zens. alternative forms of energy is a very talion reflected that. Dan was a de- I hope that particular scenario I de- important purpose for the space sta- voted father who would do anything for scribed, which is on the official record tion to be completed. his kids according to Melissa, ‘‘It today, is part of the President’s mes- This report also designates the U.S. wasn’t just as a provider. He would get sage tomorrow. portion of the space station as a na- on the floor and play with them. He I yield the floor. tional laboratory so that we can bring would take them places and have a f other funds besides NASA funds, be- good time with them.’’ sides Government funds into the space The lives of countless people were NATIONAL AERONAUTICS AND station, and that will help make sure enormously enhanced by Dan’s good SPACE ADMINISTRATION AU- we are able to do the most possible re- will and service. Although he did not THORIZATION search and make the best use of the live to see his dreams realized, he con- Mrs. HUTCHISON. Mr. President, the space station. It demonstrates that tinues to inspire all those who knew conference report on the authorization Congress puts a great value on the re- him. Our Nation and South Dakota are of the National Aeronautics and Space search that can be done aboard the far better places because of his life, and Administration is in its final stages of space station and also a great value on the best way to honor his life is to being approved. There are some things keeping our word to our international emulate his commitment to our coun- that are still to be worked out, but I partners. try. am proud to have been the sub- America must lead in the space ex- Mr. President, I express my sym- committee chairman of the NASA ploration and science area, but we pathies to the family and friends of

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.119 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13771 Staff Sergeant Cuka. I know he will al- be near family and friends and attend Landing Team 2nd Battalion, 1st Ma- ways be missed, but his service to our college. He was from a large family in rine Regiment, 13th Marine Expedi- Nation will never be forgotten. central Iowa and attended North Tama tionary Unit, Camp Pendleton, Cali- STAFF SERGEANT FIRST CLASS SCHILD High School where he played football. fornia. During Operation Iraqi Free- Mr. President, I am saddened to re- In his free time, he loved to hunt and dom, his unit was attached to the 2nd port the passing of SFC Richard Schild fish or just spend time with his friends Marine Division. of Tabor, SD. He was killed on Decem- in the Traer area. In the Navy, he was MAJ Ramon J. Mendoza, Jr., 37, died ber 4, 2005, while serving in Operation one of the youngest people to ever November 14 from an improvised explo- Iraqi Freedom. graduate from the Search and Rescue sive device while conducting combat Sergeant First Class Schild was as- Program where he received training as operations against enemy forces during signed to Yankton’s Charlie Battery, a rescue swimmer. Operation Steel Curtain in New 1st Battallion, 147th Field Artillery The primary mission for members of Ubaydi. He was assigned to Battalion Unit. Charlie Battery was mobilized in our military is to protect American Landing Team 2nd Battalion, 1st Ma- July 2005 and deployed to the Middle citizens from outside threats. For John rine Regiment, 13th Marine Expedi- East in October 2005. Sergeant First Kaye, the threat was drugs being grown tionary Unit, Camp Pendleton, CA. Class Schild died when multiple impro- and processed in South America, and During Operation Iraqi Freedom, his vised explosive devices detonated near he was actively involved in our effort unit was attached to the 2nd Marine his military vehicle in Baghdad, Iraq. to reduce the flow of illegal drugs into Division. Richard is survived by his wife of 14 the United States. The Navy is an im- LCpl Christopher M. McCrackin, 20, years, Kayleen, and their children, portant partner in our efforts to track died November 14 from an improvised Keely and Koby. His brother, SSG down and apprehend drug traffickers in explosive device while conducting com- Brooks Schild, described him by say- the Pacific Ocean and the Caribbean bat operations against enemy forces ing, ‘‘Rich would always put others Sea, and John Kaye deserves the high- during Operation Steel Curtain in New ahead of himself, even when he was in est gratitude of this body and the en- Ubaydi. He was assigned to Battalion a dangerous situation.’’ According to tire Nation. His sacrifice reminds us Landing Team 2nd Battalion, 1st Ma- his brother, Richard had earned the re- that freedom is so precious because of rine Regiment, 13th Marine Expedi- spect and admiration of his fellow sol- its incredibly high cost. This is an ex- tionary Unit, Camp Pendleton, CA. diers, not merely because of his rank, ample of the patriotic contribution During Operation Iraqi Freedom, his but because of who he was as a person. made by thousands of American service unit was attached to the 2nd Marine He served with great distinction and members and their families. The love Division. received numerous accolades for his of country and dedication to service SPC Matthew J. Holley, 21, died No- service. shared by so many of its citizens is the vember 15 of injuries sustained when an Richard lived life to the fullest and great strength of our Nation, and we improvised explosive device detonated was committed to his family, his Na- can all be very proud of patriots like near his HMMWV during combat oper- tion, and his community. It was his in- John Kaye. ations in Taji. He was assigned to the credible dedication to helping others Mrs. BOXER. Mr. President, today I 1st Battalion, 320th Field Artillery that will serve as his greatest legacy. rise to pay tribute to 31 young Ameri- Regiment, 101st Airborne Division, All Americans owe Richard, and the cans who have been killed in Iraq since Fort Campbell, Kentucky. He was from other soldiers who have made the ulti- November 10. This brings to 508 the San Diego, CA. mate sacrifice in defense of freedom, a number of soldiers who were either 2nd LT Donald R. McGlothlin, 26, tremendous debt of gratitude for their from California or based in California died November 16 from small arms fire service. who have been killed while serving our while conducting combat operations Mr. President, I express my sym- country in Iraq. This represents 24 per- against enemy forces during Operation pathies to the family and friends of cent of all U.S. deaths in Iraq. Steel Curtain in Ubaydi. He was as- SFC Richard Schild. I believe the best LCpl Jeremy P. Tamburello, 19, died signed to Battalion Landing Team 2nd way to honor him is to emulate his November 8 from wounds sustained Battalion, 1st Marine Regiment, 13th commitment to our country. I know he from an improvised explosive device Marine Expeditionary Unit, Camp Pen- will always be missed, but his service while conducting combat operations dleton, CA. During Operation Iraqi to our Nation will never be forgotten. west of Rutbah. He was assigned to the Freedom, his unit was attached to the AVIATION WARFARE SYSTEMS OPERATOR TWO 1st Light Armor Reconnaissance Bat- 2nd Marine Division. JOHN N. KAYE, III talion, 1st Marine Division, Camp Pen- LCpl Roger W. Deeds, 24, died Novem- Mr. GRASSLEY. Mr. President, I rise dleton, CA. ber 16 as a result of enemy small arms today for the purpose of honoring a LCpl David A. Mendez Ruiz, 20 died fire while conducting combat oper- fallen American. I learned this week November 12 from an improvised explo- ations against enemy forces during Op- that AW2 John N. Kaye III, from Traer, sive device while conducting combat eration Steel Curtain in Ubaydi. He IA, died while in service to his country operations against enemy forces in Al was assigned to Battalion Landing during counter narcotics operations off Amiriyah. He was assigned to the 2nd Team 2nd Battalion, 1st Marine Regi- the coast of Colombia. I would like to Battalion, 7th Marine Regiment, 1st ment, 13th Marine Expeditionary Unit, take this opportunity to salute his pa- Marine Division, Twentynine Palms, Camp Pendleton, CA. During Operation triotism and his sacrifice. CA. During Operation Iraqi Freedom, Iraqi Freedom, his unit was attached We can often tell a lot about the his unit was attached to the 2nd Ma- to the 2nd Marine Division. character of an individual by how they rine Division. LCpl John A. Lucente, 19, died No- help the people around them. Petty Of- LCpl Scott A. Zubowski, 20, died No- vember 16 from wounds sustained from ficer Kaye was a man who would will- vember 12 from an improvised explo- an enemy hand grenade while con- ingly extend a helping hand to those sive device while conducting combat ducting combat operations during Op- around him and this week even ex- operations against enemy forces in Al eration Steel Curtain in Ubaydi. He tended his mission to help out a fellow Amiriyah. He was assigned to the 2nd was assigned to Battalion Landing sailor. Just before leaving the Navy, Battalion, 7th Marine Regiment, 1st Team 2nd Battalion, 1st Marine Regi- though, he extended his stay aboard Marine Division, Twentynine Palms, ment, 13th Marine Expeditionary Unit, the USS DeWert for one final mission CA. During Operation Iraqi Freedom, Camp Pendleton, CA. During Operation so that another sailor could be with his his unit was attached to the 2nd Ma- Iraqi Freedom, his unit was attached family to mourn the loss of a brother. rine Division. to the 2nd Marine Division. He was Sadly, Petty Officer Kaye gave his life Cpl John M. Longoria, 21, died No- from Grass Valley, CA. in service to his country on Tuesday vember 14 of wounds sustained from Cpl Jeffry A. Rogers, 21, died Novem- off the coast of Colombia. small arms fire while conducting com- ber 16 as a result of enemy small arms John Kaye was looking forward the bat operations against enemy forces fire while conducting combat oper- completion of his tour of duty in the during Operation Steel Curtain in New ations against enemy forces during Op- Navy so that he could return to Iowa to Ubaydi. He was assigned to Battalion eration Steel Curtain in Ubaydi. He

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.051 S16DEPT1 S13772 CONGRESSIONAL RECORD — SENATE December 16, 2005 was assigned to Battalion Landing Wing Support Group-37, 3rd Marine vice detonated at a patrol base outside Team 2nd Battalion, 1st Marine Regi- Aircraft Wing, Camp Pendleton, CA. Fallujah. He was assigned to the 2nd ment, 13th Marine Expeditionary Unit, During Operation Iraqi Freedom, his Battalion, 7th Marine Regiment, 1st Camp Pendleton, CA. During Operation unit was attached to 2nd Marine Air- Marine Division, Twentynine Palms, Iraq Freedom, his unit was attached to craft Wing. CA. During Operation Iraqi Freedom 2nd Marine Division. SSgt. Daniel J. Clay, 27, died Decem- his unit was attached to the 2nd Ma- Cpl Joshua J. Ware, 20, died Novem- ber 1 when an improvised explosive de- rine Division. ber 16 as a result of enemy small arms vice detonated at a patrol base outside LCpl Craig N. Watson, 21, died De- fire while conducting combat oper- Fallujah. He was assigned to the 2nd cember 1 when an improvised explosive ations against enemy forces during Op- Battalion, 7th Marine Regiment, 1st device detonated at a patrol base out- eration Steel Curtain in Ubaydi. He Marine Division, Twentynine Palms, side Fallujah. He was assigned to the was assigned to Battalion Landing CA. During Operation Iraqi Freedom, 2nd Battalion, 7th Marine Regiment, Team 2nd Battalion, 1st Marine Regi- his unit was attached to the 2nd Ma- 1st Marine Division, Twentynine ment, 13th Marine Expeditionary Unit, rine Division. Palms, CA. During Operation Iraqi Camp Pendleton, CA. During Operation LCpl John M. Holmason, 20, died De- Freedom, his unit was attached to the Iraqi Freedom, his unit was attached cember 1 when an improvised explosive 2nd Marine Division. to 2nd Marine Division. device detonated at a patrol base out- Cpl Joseph P. Bier, 22, died December Sgt Jeremy E. Murray, 27, died No- side Fallujah. He was assigned to the 7 from an improvised explosive device vember 16 from an improvised explo- 2nd Battalion, 7th Marine Regiment, while conducting combat operations sive device while conducting combat 1st Marine Division, Twentynine against enemy forces in Ar Ramadi. He operations against enemy forces in the Palms, CA. During Operation Iraqi was assigned to 3rd Battalion, 7th Ma- vicinity of Hadithah. He was assigned Freedom, his unit was attached to the rine Regiment, 1st Marine Division, to 3rd Battalion, 1st Marine Regiment, 2nd Marine Division. Twentynine Palms, CA. During Oper- 1st Marine Division, Camp Pendleton, LCpl David A. Huhn, 24, died Decem- ation Iraqi Freedom, his unit was at- CA. During Operation Iraqi Freedom, ber 1 when an improvised explosive de- tached to the 2nd Marine Division. his unit was attached to the 2nd Ma- vice detonated at a patrol base outside Sgt Adrian N. Orosco, 26, died Decem- rine Division. Fallujah. He was assigned to the 2nd ber 9 in Baghdad when a vehicle-borne SPC Vernon R. Widner, 34, died No- Battalion, 7th Marine Regiment, 1st improvised explosive device detonated vember 17 in Tikrit of injuries sus- Marine Division, Twentynine Palms, near his dismounted position during CA. During Operation Iraqi Freedom, tained the same day in Bayji when his combat operations. He was assigned to his unit was attached to the 2nd Ma- HMMWV was involved in a vehicle ac- the 1st Squadron, 11th Armored Cav- cident during convoy operations. He rine Division. LCpl Adam W. Kaiser, 19, died De- alry Regiment, Fort Irwin, CA. He was was assigned to the 3rd Special Troops cember 1 when an improvised explosive from Corcoran, CA. Battalion, 3rd Brigade Combat Team, Mr. President, 508 soldiers who were device detonated at a patrol base out- 101st Airborne Division, Fort Campbell, side Fallujah. He was assigned to the either from California or based in Cali- KY. He was from Redlands, CA. 2nd Battalion, 7th Marine Regiment, fornia have been killed while serving LCpl Miguel Terrazas, 20, died No- 1st Marine Division, Twentynine our country in Iraq. I pray for these vember 19 from an improvised explo- Palms, CA. During Operation Iraqi young Americans and their families. sive device while conducting combat Freedom, his unit was attached to the I would also like to pay tribute to operations against enemy forces in the 2nd Marine Division. the one soldier from California who has vicinity of Hadithah. He was assigned LCpl Robert A. Martinez, 20, died De- died while serving our country in Oper- to 3rd Battalion, 1st Marine Regiment, cember 1 when an improvised explosive ation Enduring Freedom since Novem- 1st Marine Division, Camp Pendleton, device detonated at a patrol base out- ber 10. CA. During Operation Iraqi Freedom, side Fallujah. He was assigned to the SPC Matthew P. Steyart, 21, died No- his unit was attached to the 2nd Ma- 2nd Battalion, 7th Marine Regiment, vember 22 in Shah Wali Kot, Afghani- rine Division. 1st Marine Division, Twentynine stan when an improvised explosive de- SPC Michael J. Idanan, 21, died No- Palms, CA. During Operation Iraqi vice detonated near his HMMWV dur- vember 19 in Bayji when an improvised Freedom, his unit was attached to the ing patrol operations. He was assigned explosive device detonated near his 2nd Marine Division. to the 1st Battalion, 508th Infantry HMMWV during combat operations. He Cpl Anthony T. McElveen, 20, died Regiment, Vicenza, Italy. He was from was assigned to the 1st Squadron, 33rd December 1 when an improvised explo- Mount Shasta, CA. Cavalry, 3rd Brigade Combat Team, sive device detonated at a patrol base Mr. President, 35 soldiers who were 101st Airborne Division, Fort Campbell, outside Fallujah. He was assigned to either from California or based in Cali- KY. He was from Chula Vista, CA. the 2nd Battalion, 7th Marine Regi- fornia have been killed while serving SPC Javier A. Villanueva, 25, died ment, 1st Marine Division, Twentynine our country in Operation Enduring November 24 in Al Asad of injuries sus- Palms, CA. During Operation Iraqi Freedom. I pray for these Americans tained on November 23 in Hit when an Freedom, his unit was attached to the and their families. improvised explosive device detonated 2nd Marine Division. f near his dismounted patrol during com- LCpl Scott T. Modeen, 24, died De- VIOLENCE AND REPRESSION IN bat operations. He was assigned to the cember 1 when an improvised explosive ETHIOPIA Army’s 2nd Squadron, 11th Armored device detonated at a patrol base out- Cavalry Regiment, Fort Irwin, CA. side Fallujah. He was assigned to the Mr. LEAHY. Mr. President, on May MSgt Brett E. Angus, 40, died Novem- 2nd Battalion, 7th Marine Regiment, 15, 2005, Ethiopia held the first open, ber 26 from an improvised explosive de- 1st Marine Division, Twentynine multiparty, democratic elections in its vice while conducting combat oper- Palms, CA. During Operation Iraqi 3,000-year history. It was an important ations against enemy forces in the vi- Freedom, his unit was attached to the milestone that gave the people of that cinity of Camp Taqaddum. He was as- 2nd Marine Division. country a sense of national pride and signed to Marine Wing Support Squad- LCpl Andrew G. Patten, 19, died De- hope. Unfortunately, the elation that ron-372, Marine Wing Support Group-37, cember 1 when an improvised explosive was so evident on election day was 3rd Marine Aircraft Wing, Camp Pen- device detonated at a patrol base out- short lived. International observers dleton, CA. During Operation Iraqi side Fallujah. He was assigned to the cited serious vote counting irregular- Freedom, his unit was attached to the 2nd Battalion, 7th Marine Regiment, ities and flaws in the electoral process. 2nd Marine Aircraft Wing. 1st Marine Division, Twentynine Nearly 25 million Ethiopians—90 per- SSgt William D. Richardson, 30, died Palms, CA. During Operation Iraqi cent of eligible voters—went to the November 30 of wounds sustained from Freedom, his unit was attached to the polls, and early counts indicated strong a non-hostile vehicle accident near Al 2nd Marine Division. support for the opposition. As it be- Taqaddum. He was assigned to Marine Sgt Andy A. Stevens, 29, died Decem- came clear that the ruling party was in Wing Support Squadron-372, Marine ber 1 when an improvised explosive de- danger of losing its grip on power, the

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.070 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13773 Government stopped the vote counting been detained since last month’s culed him constantly because of his in a blatant move to manipulate the antigovernment protests, including disability. results. Accusations of vote rigging two more who were just arrested this I believe that the Government’s first forced the National Electoral Board of week. duty is to defend its citizens, to defend Ethiopia, NEBE, to delay the release of It is particularly disturbing, when them against the harms that come out the official results. one considers these events, that since of hate. The Local Law Enforcement The controversy led to protests in 1991, the government of Prime Minister Enhancement Act is a symbol that can Addis Ababa, the Oromiya regions, and Meles has received billions of dollars in become substance. I believe that by other provinces. On June 8, in response foreign aid, including to strengthen passing this legislation and changing to protesters challenging the provi- democratic institutions and the rule of current law, we can change hearts and sional results of the elections, Ethio- law in his country. Recently, the Euro- minds as well. pian security forces are accused of pean Union suspended its aid to Prime f shooting at least 40 protestors, killing Minister Meles’ government and is CAREGIVERS 26, temporarily detaining over 500 stu- seeking ways to channel it to the Ethi- dent protestors and arresting at least opian people through private voluntary Mr. OBAMA. Mr. President, across 50 people. Ethiopia’s main opposition organizations. the country there are more than 6 mil- political party, the Coalition for Unity Last month, thousands of Ethiopians lion children living in households head- and Democracy Party, CUDP, refused and their supporters in this country ed by a grandparent or other relative. to take its seats in Parliament in pro- came to Washington to protest the vio- Regardless of the reason children enter test of the election results. Just re- lence and repression by the Meles gov- relative—care the death of a parent, cently, 50 members of the CUDP took ernment and to urge the Bush adminis- neglect, abuse, military deployment, or their seats in Parliament, but there is tration to help establish real democ- poverty—it is never, ever the fault of some concern that they were pressured racy and the rule of law in Ethiopia. the child. I commend grandparents and into doing so. Ethiopia has been an ally of the United other relatives who step forward to Last month, the situation in Ethi- States in combating international ter- care for these children, keeping the opia took a further turn for the worse. rorism, yet it is using similar tactics children out of foster care while pro- On November 1, following street dem- against its own people. viding safe, stable homes, often at onstrations that erupted into 4 days of Over the past several years, Ethiopia great personal sacrifice. In my state of Illinois, 9 percent of violence when police started shooting, has made progress in both political re- the children live with nonparent relat least 46 protesters were killed in form and economic development. But atives. Grandparents and other relative Addis Ababa and other towns, and some that progress has been overshadowed caregivers often provide the best 4,000 were arrested. There have been by the tragic events of the past 6 chance for a loving and stable child- numerous reports of widespread arbi- months. The Government’s heavy- hood for the children in their care, but trary detention, beatings, torture, dis- handed tactics to steal the election and their hard work and dedication often appearances, and the use of excessive persecute those who sought to play by goes unnoticed. Today I offer my for- force by police and soldiers against the rules of democracy, should be uni- mal acknowledgement and deepest ap- anyone suspected of supporting the versally condemned. preciation for the ongoing service of The Bush administration should CUDP detainees. these caregivers to our country and our The detainees include distinguished make clear to Prime Minister Meles Nation’s most valuable asset—our chil- Ethiopian patriots such as Hailu that if his government does not abide dren. Shawel, president of the CUDP; Pro- by the basic principles of democracy, There are still far too many barriers fessor Mesfin Woldemariam, former due process and respect for human preventing grandparent- and other rel- chair of the Ethiopian Human Rights rights, including an end to the use of ative-caregivers from accessing the Council; Dr. Yacob Hailemariam, a random searches, beatings, mass ar- services they need. For example, even former U.N. Special Envoy and former rests and lethal force against peaceful though grandparent-caregivers are eli- prosecutor at the International Crimi- protesters, and if political detainees gible for many housing programs nal Tribunal for Rwanda; Ms. Birtukan are not released, that we will join with through the Department of Housing Mideksa, CUDP vice president and a the European Union and suspend our and Urban Development, HUD officials former judge; and Dr. Berhanu Negga, aid to his government, including our on the ground often unwittingly ex- the recently elected mayor of Addis support for financing from the World clude grandparents from accessing Ababa and university professor of eco- Bank and the African Development housing because of confusion over the nomics. Bank other than for basic human relevant laws. For this reason, I re- Today, the entire senior leadership of needs. There should be severe con- cently worked with my colleague Sen- the CUDP is reportedly in jail and has sequences for such a flagrant subver- ator STABENOW to obtain $4 million in been held incommunicado in harsh con- sion of the will of the Ethiopian people. new funding for grandparent-caregiver ditions, without access to their fami- f housing demonstration projects. lies or legal representatives. Amnesty LOCAL LAW ENFORCEMENT I look forward to working with my International considers these individ- colleagues on both sides of the aisle to ENHANCEMENT ACT OF 2005 uals to be prisoners of conscience who improve access to services for have neither used nor advocated vio- Mr. SMITH. Mr. President, I rise grandparent- and other relative-headed lence. The government of Prime Min- today to speak about the need for hate households. My grandparents played a ister Meles Zenawi is seeking to charge crimes legislation. Each Congress, Sen- central role in my upbringing, and them with treason, a capital offense, ator KENNEDY and I introduce hate without them I would not be standing for the ‘‘crime’’ of urging their sup- crimes legislation that would add new before you today. I am certain that the porters to engage in peaceful protest categories to current hate crimes law, same can be said of thousands of chil- on their behalf. CUDP leaders are sending a signal that violence of any dren and adults in Illinois and across scheduled to appear in court today, kind is unacceptable in our society. the country. It is time that we recog- presumably to be officially charged Likewise, each Congress I have come to nize the contributions of these worthy with treason. the floor to highlight a separate hate relative-caregivers, and grant them the Journalists and members of the crime that has occurred in our coun- access to Federal services that they de- media have also been jailed. According try. serve. to the Committee to Protect Journal- On January 30, 1999, a 23-year-old dis- f ists, Ethiopian authorities have pre- abled man was lured into an apartment vented most private newspapers from in Keansburg, NJ. He was than sub- CONFIRMATION OF SUSAN BODINE publishing, arrested or harassed local jected to three hours of torture at the Mrs. BOXER. Mr. President, today, I journalists and their family members, hands of nine men and women. Accord- am releasing the hold I placed on the and threatened to charge journalists ing to police, the abusers knew the nomination of Susan Bodine for Assist- with treason. Thirteen journalists have man from their neighborhood, and ridi- ant Administrator, Office of Solid

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.053 S16DEPT1 S13774 CONGRESSIONAL RECORD — SENATE December 16, 2005 Waste and Emergency Response based (11) Please work with EPA to provide us formation in the attached template, and at- on the written commitment I have re- with complete information to date on the tach copies of supporting documentation. ceived from EPA to provide informa- pipeline projects that could use additional Please contact me if I can be of further assistance, or your staff may call me on 564– tion and documents I have requested in funding and the dollar shortfall for each project. Please provide all regional requests 5200. connection with oversight of the for funding. Sincerely, Superfund program. I originally re- (12) Section 108(b) of the Comprehensive STEPHANIE N. DAIGLE, quested information on the Superfund Environmental Response, Compensation and Associate Administrator. program immediately after the Ms. Liability Act required EPA to promulgate Mrs. BOXER. Mr. President, while a Bodine’s confirmation hearing in July. regulations—‘‘not later than five years after complete response to my request re- To date, Ms. Bodine and EPA have December 11, 1980’’, which required ‘‘classes mains outstanding, I have determined provided only a partial response to my of facilities [to] establish and maintain evidence of financial responsibility consistent that with the additional commitments request. I want to be clear that every I received today, the confirmation of question I posed to Ms. Bodine and all with the degree and duration of risk associated with the production, transportation, Ms. Bodine can proceed with the expec- the information I requested from EPA treatment, storage, or disposal of hazardous tation and assurance from Ms. Bodine on this important public health pro- substances.’’ Please work with EPA to pro- to work closely with me and provide gram should have been provided to me vide me with information that describes all cooperation on the oversight of this without restriction as part of the Con- activities that EPA has undertaken to meet program. gressional oversight process. I ask this requirement to promulgate these regula- In addition, the Chairman of the Sen- unanimous consent that the original tions. ate Environment and Public Works questions posed to Ms. Bodine be print- Committee, Senator INHOFE, has agreed U.S. ENVIRONMENTAL PROTECTION ed in the RECORD. EPA has now com- AGENCY, that the Superfund program and its mitted to provide additional informa- Washington, DC, December 16, 2005. critical missions are overdue for a tion by January 31, 2006. And I ask that Hon. BARBARA BOXER, comprehensive oversight hearing and EPA’s letter in this regard be printed U.S. Senate, that such a hearing shall be held in the in the RECORD. Washington, DC. Superfund and Waste Management There being no objections, the mate- DEAR SENATOR BOXER: As a follow up to Subcommittee of which I am ranking discussion with your staff, EPA is prepared rial was ordered to be printed in the member. Senator THUNE, the chairman RECORD, as follows: to provide the following information and documents. of the subcommittee, has also agreed QUESTIONS FROM SENATORS BARBARA BOXER, 1. An electronic version of the document to this request. LAUTENBERG AND OBAMA FOR THE EPA (‘‘template’’) provided to the Committee in There have been no comprehensive NOMINATION HEARING an enclosure to a letter signed by me on Oc- oversight hearings of this important Questions directed to Susan Bodine who is tober 31, 2005 (available immediately); public health program in over 3 years. nominated to be the Assistant Administrator 2. An updated version of the list entitled, of the Office of Solid Waste and Emergency Ms. Bodine has agreed to testify at this ‘‘Currently Projected Projects Ready for hearing after her confirmation, and we Response, July 15, 2005. Construction Funding in FY05,’’ previously (1) Please work with EPA to provide us provided to the Committee in an enclosure will have other outside witnesses as with a complete list of Superfund sites in to a letter signed by John Reeder on July 19, well. We have also requested that Ad- order of current health hazards. 2005. The list will include a column dis- ministrator Stephen Johnson be avail- (2) Please indicate how many children live playing ‘‘actual’’ FY 2005 funds provided to able as well. I want to thank my col- near these sites and how they may be at risk. each site on the list, and a column that pro- Please also indicate any daycares, schools, league, Senator INHOFE for agreeing to vides a code characterizing the nature of playgrounds or other similar places that are this critical hearing. human health or ecological risk at each site near these sites. Mr. INHOFE. Mr. President, both (3) Please indicate what emergency or (available immediately); subcommittee Chairman THUNE and I 3. In response to the Committee’s question other short-term steps EPA may conduct at on site funding needs, EPA’s CERCLIS data- recognize the importance of oversight each site to address the risks at that site, base provides the most complete existing of the Superfund program. To that end, and the cost to take those actions. and consistent with Senator BOXER’s (4) Please provide the cost to cleanup all record. EPA will provide reports from the 103 sites where EPA has determined ‘‘human CERCLIS database (SCAP–4 ‘‘snapshot’’) request, Senator THUNE’s sub- exposure is not under control.’’ from late summer of 2004 reflecting each re- committee will be holding an oversight (5) Please work with EPA to ensure that gional office’s planning estimates for fund- hearing of EPA’s Superfund program EPA experts, including regional staff, are ing prior to budget discussions with EPA once Susan Bodine, the President’s available and authorized to answer any of headquarters. To determine the date of the nominee to head EPA’s Office of Solid our questions relating to Superfund, includ- ‘‘snapshot’’ that provides the best information on funding each region will be asked to Waste and Emergency Response, is con- ing human health risks, cleanup costs and firmed by the Senate with Ms. Bodine funding shortfalls. identify the date that best reflects when the (6) Please ensure that the information pro- region loaded its assessment of planning testifying on behalf of EPA. After Ms. vided includes priority list of sites, like that data into CERCLIS, prior to changes based Bodine is confirmed, we will begin to provided to Senator Boxer while chair of the on discussions with headquarters. Also, EPA work on scheduling this hearing with a Superfund Subcommittee. will provide a coversheet that summarizes targeted time frame of the first quarter (7) Please work with EPA to ensure that relevant planning data and FY 2005 obliga- of 2006, but no later than the Memorial tions, and EPA’s operating plan and prelimi- we receive complete and detailed responses Day recess. Senator THUNE will work for each question in the Oct. 2004 letter that nary allocation memo for FY 2005 (available closely with Senator BOXER in sched- Senator Jeffords and Senator Boxer sent to by January 31, 2006). then-Administrator Leavitt on Superfund, 4. Additional information from Regional uling the hearing. with updated responses to the present. offices on opportunities for accelerated re- I expect EPA to be forthcoming in (8) Please work EPA to provide us with de- medial actions at Superfund sites cat- this hearing about the program and tailed information to date on clean-up work egorized by EPA as ‘‘Human Exposure Not look forward to Ms. Bodine’s confirma- and activities that will not be performed at Under Control’’ (available by January 31, tion so that she may help ensure that sites that could use additional funding to 2006). the EPA is responsive to the Senator’s initiate new projects or to expedite work at To collect information under this item, we will ask the regional offices the following: requests for information about the on-going projects on those sites. Please in- management of the program and the clude all regional requests for funding. Explain the known opportunities for the use (9) Please work with EPA to provide us of additional FY 2005 funds to accelerate re- impacts on communities throughout with complete information to date on the on- sponse actions, including removal actions, the country. going remedial projects that could use addi- remedial actions, and any characterization Mr. THUNE. I am in full agreement tional funding and the dollar shortfall for or testing that could have accelerated reme- with the chairman of the Environment each project. Please provide all regional re- dial action. Include description of costs of & Public Works Committee and I will quests for funding. these opportunities, if know. If action was be working closely with him and sub- (10) Please work with EPA to provide us not undertaking in FY 2005, explain why not, committee ranking member BOXER on with complete information to date on the re- including funding limitations. Please indi- moval projects that could use additional cate if the opportunity for accerlated re- scheduling this hearing once Ms. funding and the dollar shortfall for each sponse action still exists, or if conditions at Bodine is confirmed. I am committed project. Please provide all regional requests the site present new opportunities for accel- to having Ms. Bodine, as the EPA wit- for funding. erated actions since FY 2005. Include the in- ness, appear before the subcommittee

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.087 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13775 before Memorial Day recess, 2006. I ation Exposure Compensation Act, Those demanding real reform in look forward to working with Senator RECA, to include the States of Idaho Burma must not relent. The SPDC BOXER on scheduling a date and filling and Montana. I am an original cospon- must take immediate steps to release out the witness list. sor of the legislation being introduced Aung Sang Suu Kyi and other political f by Senator CRAPO. prisoners and to create a broad-based The National Academy of Sciences, democratic government that respects SECURITY CONTRACTOR NAS, recognizes that citizens affected human rights and the rule of law. PRACTICES IN IRAQ by fallout from atomic bomb testing in Mr. AKAKA. Mr. President, I rise Nevada were not only the citizens of f today, to discuss a matter of serious that State or Utah, but also citizens to concern. On December 9, The Wash- the north, and east, and throughout ington Post reported that the Depart- WORK OUTAGE AT CALLAWAY much of the world. This bill, consistent NUCLEAR PLANT ment of Defense is investigating a studies showing that parts of Idaho and video posted on an Aegis-employee af- Montana were among the most af- Mr. TALENT. Mr. President, I rise to filiated Web site which contains scenes fected, expands RECA geographically honor approximately 3,000 permanent of violence and shooting against Iraqi to include these two States. and supplemental workers, who re- civilians. My colleagues and I are in the busi- cently set a new world time record An estimated 25,000 private security ness of making Idahoans eligible for while conducting a safe and successful contractors are currently working in RECA compensation as expeditiously work outage on AmerenUE’s Callaway Iraq, earning anywhere from $550 to as possible. Studies that take years Nuclear Plant. The Callaway Plant is $1,500 a day. Many of them are doing will simply not do for citizens who located in my home State of Missouri their best to help maintain security for would otherwise be eligible if they and provides permanent jobs to more the reconstruction of Iraq. However, if lived on the other side of a State line. than 1,000 people. Since 1984, Callaway the events displayed in the video are The NAS recommended that RECA has generated an average of 8.9 billion accurate, the actions of these few con- should be overhauled, and I will make kilowatthours of electricity per year— tractors put our troops at tremendous sure this happens. In the meantime, equal to the amount used annually by risk. The video depicts the back win- those Idahoans and Montanans who more than 750,000 average households. dow of a PSD, personal security detail, qualify for compensation today should The Callaway Plant is owned and op- vehicle. In the video you can hear a be made eligible immediately. machine gun being fired at cars which erated by AmerenUE, a subsidiary of are clearly more than 50 meters behind f Ameren Corporation, which provides the vehicle. The cars drift off the road BURMA energy services to about 2.3 million electric customers in Missouri and Illi- after many shots, leaving one to as- Mr. FEINGOLD. Mr. President, today sume the driver has been shot dead. nois. Callaway, along with 102 other I will discuss the disturbing situation nuclear powerplants in the United During the entire video, the Elvis Pres- in Burma. ley song ‘‘Mystery Train’’ plays in the States, is a critical component of our I have consistently stressed my deep Nation’s energy mix, providing low- background. concerns regarding the repressive mili- This behavior is offensive. The ac- cost, reliable, and clean energy from an tary junta in Burma that continues to abundant fuel source. tions of the individuals in the video put commit severe human rights violations our troops at risk because such incen- against the Burmese people. Despite Approximately every 18 months nu- diary behavior only increases hatred consistent calls to halt abuses by the clear plants must be shut down for re- towards Americans. Whether or not we Burmese military such as rape, harsh fueling, during which time the employ- agree with the troops’ presence in Iraq, political repression, torture, ees perform literally thousands of we all agree that the safety of our extrajudicial executions, forced labor, maintenance activities, modifications, troops is paramount. Our troops in Iraq and human trafficking, the SPDC fails and tests. In Callaway’s case, the plant who wear uniforms are instant targets to address these egregious violations supplies nearly a quarter of Ameren’s for retaliatory violence. and permits violations to continue electricity production, thus it is crit- The U.S. service men and women who ical that the work be done in a safe and deploy to Iraq serve because of a sense with impunity. However, I am encouraged by timely manner so the plant can be of selfless service and duty. As mem- ASEAN’s rejuvenated efforts to hold brought back online as soon as pos- bers of Congress, it is our duty to con- sible. duct oversight into the questionable Burma to long-promised democratic reforms. ASEAN’s resolute calls for the The recent Callaway Plant outage behavior of the private security con- was the most complex in its history, as tractors. While our troops continue to release of Aung San Suu Kyi and other members of NLD and more than 1,100 it included not only refueling and the be deployed to Iraq and the security usual maintenance activities, but also situation remains fragile at best, it is political prisoners, and for real democratic reform, are vital to legitimate replacement of four massive steam in our best interest to make sure civil- generators, which measure 70 feet tall ian-contractors do not exacerbate the progress in Burma and regional stability and values. ASEAN has long and weigh 400 tons each, as well as situation any further. main turbine rotors. The Callaway Therefore, I will be seeking a con- pushed for these goals and its recent team set a new world record for such gressional inquiry into the operations announcement that it will send an outages, accomplishing their work in and rules of engagement granted to pri- envoy to evaluate Burma’s progress in 63 days and 13 hours, beating the pre- vate security contractors currently op- democratic reform is an important step erating in Iraq. I will also recommend toward accountability. vious record of 64 days and 17 hours. a review of the contract awarded to It is far past time for the inter- The combination of the new generators Aegis Specialist Risk Management. If national community to begin a dia- and rotors are expected to add about 60 these events are happening, we must logue on Burma. I welcome the unani- megawatts of additional generating ca- stop them. We must take action so mous decision by the United Nations pacity to the plant using the same that our troops and the Iraqi people Security Council to discuss the situa- amount of fuel. know that gratuitous violence on the tion there. The September 2005 report This summer Congress passed an en- part of the people we deploy or employ produced by Nobel Prize laureate ergy bill, which recognizes the tremen- will not be tolerated. Desmond Tutu and former Czech Presi- dous need for increasing our supply of f dent Vaclav Havel provided a solid clean energy while reducing our de- basis for these discussions. Burma’s pendence on foreign sources of energy. INCLUSION OF IDAHO AND MON- military junta has long prevented The high-quality work of the Callaway TANA IN THE RADIATION EXPO- United Nations envoys from visiting, employees plays a major role in car- SURE COMPENSATION ACT and I look forward to the international rying out the objectives of this impor- Mr. CRAIG. Mr. President, I rise in community engaging in a serious dis- tant legislation. By not only com- support of this bill to expand the Radi- cussion of the situation there. pleting the outage in a safe and timely

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.090 S16DEPT1 S13776 CONGRESSIONAL RECORD — SENATE December 16, 2005 manner, but also increasing its capac- This was the sixth successful intercept RADIATION EXPOSURE ity to produce electricity, these work- by a SM–3 in the last seven such tests COMPENSATION ACT ers are doing their part to meet Mis- since testing began in 2002. The suc- Mr. BURNS. Mr. President, on April souri’s—and our Nation’s—growing en- cessful intercept of a separating war- 28, 2005 of this year, just hours after ergy needs. head advances our defense beyond sim- the National Academy of Science re- I offer my personal thanks and con- pler, unitary, Scud-like missiles. leased its report, I stood before this gratulations for a job well done to all Just as important was the return to body and declared the importance of of the dedicated employees and the flight of the terminal high altitude amending this law. On May 9, I intro- temporary workers who, as a result of area defense, or THAAD, interceptor. duced S. 977 which places Montana on exceptional preparation, teamwork, After its last two successful flights in equal ground with others who have suf- and execution, successfully completed 1999, the program and the missile were fered from nuclear testing fallout. the most complex outage at Callaway completely overhauled to make it more Again, on May 10, I stood in this Cham- Nuclear Plant. reliable and easier to manufacture. On ber and talked about the importance of I congratulate the AmerenUE work- November 22, the revamped missile was this legislation for the good people of ers and their partners on their achieve- launched from the White Sands Missile Montana. Today, I am happy to be ment. They have set a new standard of Range without a flaw. The test vali- joined in my efforts by the Senator excellence in safety and performance dated the interceptor’s launch from from Idaho, who introduced similar and have helped advance the future of canister, rocket booster operation, legislation for the people of Idaho. This the nuclear power industry as a whole. shroud and kill vehicle separation, and bill is an important step forward in se- f control system that guides it to the curing the justice that the people of target for a kill. Montana deserve. This bill combines MISSILE DEFENSE AGENCY’S And not least, just last week, on De- RECENT TESTING SUCCESSES my efforts with those of Senator CRAPO cember 6, the Airborne Laser Program to extend RECA coverage to both Mon- Mr. ALLARD. Mr. President, I rise to successfully completed a full duration tana and Idaho in a single, simple bill. comment on an event that may have lase at operational power. This in- Montana, more than any other State, understandably escaped the attention volved linking the energy output of six was affected by the downwind radiation of my colleagues because our plate is large laser modules into a single beam, that came from the nuclear testing in full and the schedule is tight. I want to powerful enough to destroy a missile in Nevada during the 1950s. The statistics underscore the importance of what oc- its boost phase at the distances we are eye-opening. Of the 25 counties in curred on Tuesday night, December 13, need to shoot to kill. Now that the the United States with the highest ex- shortly after 10 p.m. Washington time. laser has successfully completed posure rates, 15 are in Montana. It signaled a month of great achieve- ground testing in a surrogate aircraft, Meagher County in Montana has a rate ment in our Nation’s Missile Defense it is being disassembled to load it onto of exposure greater than any other Program. its flight test Boeing 747 for further county in the United States. Fifty-five While many of us were turning on the testing. The significance of achieving out of Montana’s 56 counties experi- late news that night, an operationally this milestone cannot be overempha- enced elevated levels of radiation expo- configured, ground-based interceptor sized—this is a revolutionary weapon sure. And yet, Montana is the only missile, of the kind now emplaced in with the potential to change fun- State in the region that receives abso- both Alaska and California, was damentally the ways in which we can lutely no compensation from the Radi- launched out of its silo in the Marshall protect our Nation, our troops, and our ation Exposure Compensation Act Islands and successfully completed all allies and friends from the growing bal- whatsoever. its major test objectives. It dem- listic missile threat. The reported rate of thyroid cancer— onstrated smooth execution of the These are the more visible Elements which is the health affect most associ- launch sequence, separation of the of the integrated Ballistic Missile De- ated with the exposure to Iodine-131 booster-kill vehicle, cryogenic cooling fense System. What ties all these parts from this testing—is 17.5 times the na- of the sensor, and positioning of the together is the Global Command, Con- tional rate. Between 1989 and 2003, kill vehicle, among many other com- trol, Battle Management and Commu- while the national rate of thyroid can- plex actions. For this test, there was a nications System, the brain and the cer increased 38 percent, Montanans simulated target using data from pre- nerves. It is less visible than radars saw an increase of 127 percent. vious launches. The interceptor suc- and rockets, but our missile defenses When Congress passed RECA in 1990, cessfully flew through its impact point, couldn’t work without it. The integra- it was an important step toward set- and had the target been real, it would tion of far-flung parts, new and up- ting a grave injustice right. As a can- have been destroyed. graded, often made at different times cer survivor myself, I know that no This test was the latest in an ex- by different contractors, has been a amount of money can heal the wounds traordinary month. National attention great challenge, but it is one we are suffered by the victims of radiation ex- had been focused on setbacks to our de- steadily and remarkably overcoming. posure. Time and time again, I have fense against long-range hostile bal- There have been many naysayers and heard from Montanans who tell me listic missiles. However, this has been doubters on missile defense. But I am that it is not about the money. The a month of successes for current and proud to have supported the Missile people of Montana aren’t coming to future elements of the Ballistic Missile Defense Agency over the past year as it their Government with their hands Defense System that can provide a de- has grappled in an intensive effort to out. They are demanding justice. They fense against both long-range and track down and eliminate or minimize are demanding acknowledgement of short-range threats. Perhaps these suc- risks that have contributed to setbacks their suffering. They are demanding cesses have flown under our radar in the past. There is an emphasis on that we do the right thing. screens, but now they deserve recogni- quality that is paying off, as witnessed When RECA was passed in 1990, my tion. by these last four successful tests. We colleagues did their best to do the right In addition to this most recent test, learn from our mistakes, and we now thing. For that, they should be com- there are at least three others that oc- bear the fruit of the combined efforts mended. For the 9,117 Americans who curred in the past month worthy of of a wide range of dedicated military, have received compensation for down- note. civilian, and contractor personnel. wind exposure since RECA became law On November 17, an Aegis Ballistic Testing will continue, we will encoun- in 1990, justice has been served. Re- Missile Defense SM–3 interceptor, ter difficulties, but the program will sponsibility has been taken, so that launched by an operational crew from move forward. We are succeeding in wounds can begin to heal. the USS Lake Erie off the coast of Ha- building an integrated and layered Bal- And, it wasn’t an easy journey. The waii, made a direct hit on an inert war- listic Missile Defense System, our de- first hearings for RECA were held way head that separated from a target mis- fenses will continue to improve, and back in 1979, almost 30 years ago. The sile 100 miles in space—a far more chal- our citizens will be increasingly pro- questions that needed to be asked took lenging scenario than previous tests. tected and grateful. time to answer: Was there downwind

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.049 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13777 radiation? Were people exposed to that pandemic flu preparedness and $60 mil- change and jobs shift oversees. This is radiation? Were there health con- lion that was supposed to go to the vital to the Nation’s economic sta- sequences to that exposure? And while Centers for Medicare and Medicaid bility. The fast-moving pace of innova- the Senate struggled with these ques- Services’ administrative account for tion requires that we have a flexible tions, Americans that were affected implementation of the new Medicare workforce provided with the training waited. As my colleagues expressed 20 prescription drug benefit. needed to transition to the next oppor- years ago, time is not on our side in At a time when seniors are strug- tunity. Reducing this type of program this matter, and all too often justice gling to understand and sign up for the will leave American workers behind. delayed is quite literally justice de- new Medicare drug benefit, this bill The ability to work is the path to fi- nied. cuts the account needed to run Medi- nancial independence, economic sta- When Congress passed RECA in 1990, care’s 1–800 help line, run its Website bility, and the key to earning a better the extent of the damage done from Medicare.gov, conduct outreach and life. This conference report shamefully this radiation was not fully under- provide technical assistance to mil- denies that opportunity to dislocated stood. New studies, by the National lions confused seniors. and disabled workers wanting to earn a Cancer Institute and the National And at a time when public health ex- better life. Academy of Sciences, decades in the perts across the globe are warning And finally, this bill hurts our Na- making, have shown that for many countries to act now to prepare for a tion’s schools, educators, and students. Americans, like those in Montana, jus- pandemic influenza, this bill cuts $120 It cuts total Federal education fund- tice has been denied. They live in the million in pandemic flu preparedness ing by $59 million for the first time in most affected regions of the country, funding. over a decade. and yet they find the door of justice In total, this bill cuts health funding Within education, No Child Left Be- closed to them by lines on a map. For by $466 million. hind is significantly cut by $779 million some of these people, it is too late. The That includes a cut of $185 million for or 3 percent that will ultimately result clock is ticking, and many have not the Bureau of Health Professions title in an estimated $3 million loss for Cali- survived long enough for their Govern- VII programs, making it harder to re- fornia schools. ment to do the right thing. cruit and retain qualified health pro- Furthermore, this bill shortchanges That is why I stand adamant that the fessionals, and the elimination of nine the authorized funding level for No time to act is now. We did the right vital health programs including trau- Child Left Behind programs by $13.1 thing in 1990. It is time to do the right ma care, rural emergency medical serv- billion. thing today. ices, the geriatric education centers, This major cut and underfunding is f health education training centers, and being done when the required math and the health community access program. reading performance levels under the LABOR—HHS APPROPRIATIONS In California, the elimination of the law are increasing for school districts Mrs. FEINSTEIN. Mr. President, I geriatric education program will elimi- and schools are struggling to find the rise today to oppose the fiscal year 2006 nate funding for the Northern Cali- funds necessary to meet the law’s re- Labor, HHS, Education and related fornia Geriatric Education Center at quirements. agencies conference report. the University of California San Fran- This bill also fails to provide any in- As my colleagues know, this is the cisco, the only source of Federal fund- crease to the Pell grant student aid second conference report to come out ing for geriatric education from the award of $4,050 for the fourth year in a of the Labor-HHS-Education Sub- Bay Area to Oregon. row, even though a $100 increase was committee this year. This bill, which It provides a less than 1 percent in- promised in the budget resolution. passed the House yesterday by two crease in funding the National Insti- Federal Pell grants are the corner- votes, represents a failure by the lead- tutes of Health, the smallest percent- stone of our need-based financial aid ership of this Congress to adequately age increase to NIH since 1970. This bill system ensuring that all students have fund health, education, and workforce cuts the number of new research grants access to higher education. programs. that NIH can fund by 355, from 9,612 to Pell grants help over 5.3 million low- The first conference report—the one 9,257. and middle-income students attend col- defeated by the House—contained dras- Last September, 91 of my colleagues lege, over 500,000 of them in California. tic cuts to existing programs like the joined me in sending a letter to Presi- There could not be a worse time for title VII health professions programs dent Bush supporting the administra- freezing student’s financial grant aid and No Child Left Behind. tion’s goal of eliminating cancer death as the costs of attending a 4-year pub- So what is different between the bill and suffering by 2015. The wholly inad- lic college or private college have dra- before us today and the one that failed? equate funding for NIH in this bill dims matically increased both nationwide Does the second conference report re- the hope of reaching this 2015 goal. and in California. store the harmful cuts to health and The conference report harms all According to the College Board, the education that were supported by the working American families. average cost nationwide of attending a Republican leadership in the House and First, the conference report slashes public university for 1 year has in- Senate? Does the bill contain even one the Office of Disability Employment creased 66 percent to $5,132 within the dollar more than the bill that was de- Policy to $20 million, close to half of last 10 years, and yet Pell grant aid feated by the House? the funding in fiscal year 2005. The dis- continues to remain stagnant. The answer to those questions is no. abled community will no longer have This bill also drastically cuts other The first conference report included the training, employment, and edu- important education programs, such as $201 million worth of cuts to rural cation needed to earn a decent wage. Even Start literacy programs that help health programs identified by the Na- This is a community that already faces disadvantaged children and their par- tional Rural Health Association. The a 68 percent unemployment rate. ents increase their English skills are bill before us restores a few of these Second, reducing job training pro- cut by 56 percent, from $200 million to programs but it still retains $137 mil- grams, dislocated worker assistance, $100 million; education technology lion, or 68 percent, worth of those cuts. and employment services by $530 mil- State grants are cut by 45 percent, The bill before us restores a provision lion will make it close to impossible from $496 million to $275 million; and costing $90 million that would have for dislocated workers to re-enter the State grants for keeping schools safe prohibited Medicare and Medicaid from workforce. This is particularly appall- and drug free are cut by 20 percent, covering prescription drugs for erectile ing given the recent bankruptcy and from $437 million to $350 million. dysfunction. layoff announcements by Delta, North- The bill before us shortchanges And how does this bill pay for these west, and General Motors, just to name American families, and I believe Amer- provisions? It is not with new money a few. ica can do better. The cuts in this bill but, rather, with $120 million that was Lastly, the reduction in trade adjust- for vital health, education, and work- designated for the Public Health and ment assistance will leave workers to force programs are a direct result of Social Services Emergency Fund for fend for themselves when industries the agenda of this administration and

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.050 S16DEPT1 S13778 CONGRESSIONAL RECORD — SENATE December 16, 2005 the leadership in Congress: to pass tax the Senate bill and instead included Susan and I grieve with Carl’s dear cuts and reconciliation bills that actu- the House bill’s sweeping and dan- wife Hunter and their family over this ally worsen the deficit, all the while gerous refusal clause. heart-aching loss. May God continue to doing nothing to address the long-term Unlike the Senate language authored bless Virginia and America with people fiscal picture of entitlement spending. by Senator SPECTER and Senator HAR- of Carl W. Smith’s unflinching char- As an appropriator, I recognize that KIN, the provision in this conference re- acter.∑ tough decisions have to be made. How- port is not a conscience clause. It never f ever, the policy choices of this admin- mentions religion or morals. It forces REMEMBERING CLIFFORD BROWN istration have put Members of this States to choose between losing bil- AND LARUE BROWN WATSON body in the position of having to vote lions of dollars in funding or enforcing on the elimination of health programs Federal and State laws ensuring repro- ∑ Mr. BIDEN. Mr. President, October for the poorest and sickest of Ameri- ductive health information and serv- 30, 2005, marked the 75th birthday of cans and for cuts to education pro- ices for women. And it could have dev- Clifford Benjamin Brown, one of this grams for low-income students. I reject astating consequences, including fur- Nation’s great jazz musicians. Born that choice and believe we must rebal- ther endangering women in emergency into a large, middle-class, African- ance our priorities. situations, allowing doctors to be American family in Wilmington, DE, The choice we should be making gagged, hurting victims of rape and in- Clifford Brown was the youngest of today is to improve our healthcare cest, and seriously undermining state eight children and inherited his love safety net, to fully fund our schools, sovereignty. and passion for music from his father, and to help American workers find the Mr. President, if we want to really Joe Brown. He began to show interest path to financial independence and eco- meet the great challenges we face in in the trumpet at a young age, and by nomic stability. our country, we must reject this bill. the time he turned 12, he was engaged This conference report fails Ameri- The American people deserve better in private lessons. He attended Howard cans on all those fronts, and I urge my and we, as Senators, can certainly do High School in Wilmington, where he colleagues to reject it. better.∑ was encouraged to play music by ear. ∑ He studied math at the University of Mrs. BOXER. Mr. President, I strong- f ly oppose the fiscal year 2006 Labor- Delaware and music at Maryland State HHS appropriations conference report ADDITIONAL STATEMENTS College. because it undermines many of our Na- His career as a jazz trumpeter was tion’s highest priorities and jeopardizes monumental. He performed alongside HONORING CARL W. SMITH our most vulnerable citizens and com- such music legends as Miles Davis and munities. ∑ Mr. ALLEN. Today I would like to Fats Navarro, while combining his We have all heard the dire warnings honor a great man, Mr. Carl W. Smith, sounds and style with those of Art about the avian flu pandemic. We know a native of Wise, VA, and a resident of Farmer, Dizzy Gillespie and Dinah that we need to invest adequate re- Charlottesville, VA, who, sadly, passed Washington. Clifford played in Chris sources to develop vaccines, stockpile away earlier this week. Powell’s Blue Flames Band and the medicines, and better prepare at the Carl Smith was a truly wonderful Brown-Roach Quintet. Sadly, Clifford local, State, and Federal levels. That is leader for Virginia, and my wife Susan Brown’s promising and extraordinary career was tragically cut short when a why the Senate passed Senator HAR- and I were deeply saddened to learn of car accident took his life on June 26, KIN’s amendment. Yet this conference the passing of our friend. His lovely report left out those vital funds and, in wife Hunter and his children Carl, Stu- 1956. He was only 25 years old. But the legacy of Clifford Brown ex- doing so, left us far less equipped to art, and Hunter, will remain in our tended far beyond his years through deal with a pandemic. thoughts and prayers, as will their the efforts of his wife LaRue, whom he We know we must invest in the crit- loved ones during this time of great had married in 1954. LaRue helped to ical research that uncovers the secrets sorrow. launch the Los Angeles Jazz Heritage behind our greatest killers, saving the Throughout his life, Carl was a truly Foundation’s program which served un- health and lives of our citizens. Yet special, invigorating friend and re- derprivileged children, and founded the this bill increases funding for the Na- markable, insightful leader who was always a lap ahead of everyone else. I Clifford Brown Jazz Foundation. tional Institutes of Health, NIH, by LaRue Brown Watson passed away on will always appreciate his discreet ad- less than one percent, the smallest in- Sunday, October 2, 2005 at the age of 72. vice, his impressive perspective and his crease since 1970. Make no mistake: She is survived by her children, strong support. And I will be forever this will lead to cuts in the number of Clifford Brown, Jr., Adrienne Traywick grateful for his trusted friendship that new research grants funded by NIH. and Brian Watson, her son-in-law Clar- We know we have to invest in the helped me win elections to become a ence Traywick, and many grand- education of our children at every level Delegate and, later, Governor of Vir- children, cousins, nieces, nephews and of schooling. We know our school dis- ginia. friends. tricts, and our children, are being Like me, Carl attended the Univer- Today, I stand and lead the Senate in asked to meet tougher standards. Yet sity of Virginia, when he played foot- paying tribute to the life of the great this conference report cuts education ball. After graduating, he served in the Clifford Brown and in lamenting the for the first time in a decade. No Child U.S. Army and worked as an invest- passing of his widow, LaRue Brown Left Behind, NCLB, programs have ment banker. Just last year, Carl re- Watson.∑ been cut 3 percent, now leaving them tired as head of AMVEST Corporation, f $13 billion below the authorized level. a diversified energy and finance cor- Fewer children will be served by after- poration based in Charlottesville that TRIBUTE TO SERGEANT MAJOR school programs, which keep our chil- he founded in 1961. Throughout his suc- FRANK YOAKUM dren safe after school and improve cessful career, Carl was the best, most ∑ Mr. BOND. Mr. President, I rise to their academic performance. At a time loyal fan of the University of Virginia honor SGM Frank Yoakum, who serves when the costs of college are sky- Cavaliers, and his generosity to his be- as the enlisted congressional, liaison rocketing, this bill once again freezes loved alma mater and all those in his for the Chief, National Guard Bureau. Pell grants, which help low-income stu- life was boundless. He donated millions Sergeant Major Yoakum is the only en- dents afford a college education. of dollars to advance Virginia’s aca- listed legislative liaison in the Army, Now, this bill doesn’t just cut critical demic, athletic and arts programs, and facilitating communication flow be- funds; it also adds provisions that en- to support the construction and preser- tween the Army National Guard, Na- danger our neediest citizens. None is vation of its facilities. He also served tional Guard Bureau, and elected offi- more troubling to me than the Weldon on the Board of Visitors for 8 years. cials on Capitol Hill, as well as their amendment. I am extremely dis- Carl was known for his business savvy staffs and professional committee staff. appointed that the conference report but also for his loyalty, his kindness He is on the personal staff of the Chief, rejected the real conscience clause in and his sense of humor. National Guard Bureau.

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.093 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13779 He began his military career by en- Senate, one of the great institutions in tient Safety by HealthGrades, Inc., the listing in the Regular Army in Sep- the State of Georgia. This year, Saint Nations’ leading provider of health tember 1971. He was trained in Infan- Joseph’s Hospital celebrates its 125th care quality information. It is also try, Airborne, and Air Defense Artil- anniversary of providing the citizens of among a prestigious group of hospitals lery assignments, being released from Atlanta and the Southeast with the on Solucients 100 Top Hospitals for Active Duty in July 1976. In June 1978, highest quality and most compas- Cardiovascular care—Saint Joseph’s Sergeant Major Yoakum joined the sionate health care services. has been named a 100 Top Hospital 5 Alaska Army National Guard and Let me speak for a moment on the times. J.D. Power and Associates also served in a military technician status significance of Saint Joseph’s: has recognized Saint Joseph’s as a Dis- as the administrative assistant to the In 1880, 125 years ago, shortly after tinguished Hospital for Service Excel- state maintenance officer, and part- the Civil War, four young determined lence, providing an outstanding patient time as a flight operations coordinator Sisters of Mercy traveled to Atlanta experience, for 2 consecutive year, the with the 1898th Aviation Company, At- from Savannah with a meager 50 cents first hospital in Atlanta to earn the tack. He moved to southeast Alaska in their collective pockets to start a distinction. and continued his service as a full-time hospital. Hospitals were not common But it is the people behind the Scout Battalion Attendant, Adminis- during this time. The Sisters’ idea of awards and recognitions that make trative Supply Technician, for Com- creating a hospital that would serve Saint Joseph’s so unique. From the pany B, 4th Battalion, 297th Infantry. the entire community, and not simply Sisters of Mercy who still are inti- He served in the Alaska Army National be a place to die, was truly bold and vi- mately involved with the hospital to Guard until March 1981. sionary. the nurses, physicians and medical sup- In August 1983, he rejoined the Army With the goal of ‘‘extending the mis- port staff—the spirit of mercy is alive National Guard in Phoenix AZ, work- sion of healing mercy begun by Christ, and vibrant. That spirit transcends the ing as a unit administrator and bat- showing a just and compassionate re- entire organization and is the founda- talion supply sergeant. In October 1985, gard for all who suffer,’’ Saint Joseph’s tion for the superior medical services he entered Federal Active Guard Re- Infirmary was established as a 10-bed and programs, the unique compas- serve status and was assigned to the hospital in an old house located on sionate care, the volunteers who raise United States Property and Fiscal Of- Courtland and Baker Streets in down- money for the homeless and under- fice Guam, where he served as military town Atlanta. served, and the auxiliary who put in pay supervisor and logistics NCO. He Saint Joseph’s established Georgia’s tireless hours at the hospital without transferred his membership from the first school of nursing in 1900, an indi- pay. The spirit of mercy is in all em- Arizona Army National Guard to the gent ward to care for the poor and Wyoming Army National Guard in ployees who come to work year after rural population during the depression, year with smiles on their faces and March 1996. Further assignments in diagnostic outpatient clinics, and a Federal AGR status included instruc- compassion in their hearts. $10,000 operating room to begin a leg- It gives me great pleasure to recog- tor/writer, operations NCO, force struc- acy of state-of-the-art medical tech- ture NCO, first sergeant, manpower nize on the Senate floor the contribu- nology. tions of Saint Joseph’s Hospital to the NCO, training center liaison NCO, G–1 The hospital became a national lead- personnel policy sergeant major, and citizens of Atlanta, GA, and the South- er in treating heart disease, performing east.∑ congressional liaison. the first openheart surgery in the Sergeant Major Yoakum holds an as- f Southeast, the first angioplasty as an sociate of arts degree in business ad- alternative to bypass surgery, and op- HONORING CHARLES R. ADAMS ministration from the University of erated the first comprehensive cardiac ∑ Ms. LANDRIEU. Mr. President, I Alaska and a bachelor of science degree catheterization laboratory. And, Saint would like to take a moment and honor in business administration from Cali- Joseph’s became one of only six med- fornia Pacific University. He is a grad- a man who has greatly served his com- uate of every level of NCO education up ical centers in the world to perform munity and his Nation for more than 38 to and including the Sergeants Major percutaneous transluminal coronary years. Charles R. Adams retired from his Academy. Yoakum is a life member of angioplasty. In 1978, the hospital moved to north the Enlisted Association of the Na- position of National Employee Devel- Atlanta in order to continue its grow- tional Guard of the United States and opment Center Director for the U.S. a life member of the Wyoming National ing mission of service and changed the Department of Agriculture’s Natural Guard Association. He has been in- name to Saint Joseph’s Hospital. To Resources Conservation Service, NRCS, ducted into the Honorable Order of maintain close ties with those it served in Fort Worth, TX, on November 3, Saint Barbara by the Field Artillery downtown, Saint Joseph’s Mercy Care 2005. Association and the Order of Samuel Services began. Starting as a simple Charles learned the importance of Sharpe by the Ordnance Corps Associa- signup sheet for volunteers to visit self-development at an early age while tion. women’s and homeless shelters, teams growing up on his family farm in Lo- As the former congressional liaison used their own vehicles and worked out gansport, LA. His parents, the late Mr. for the Chief, National Guard Bureau, of tackle boxes filled with medical sup- T.C. Adams and Elneva Adams, gave my staff and I have found Sergeant plies donated by physician offices. him and his 10 siblings firsthand expe- Major Yoakum to be an invaluable re- Today, Saint Joseph’s Mercy Care rience in working the land, and he still source and ally in advancing the inter- Services is truly an integral part of the carries those experiences with him est of the Army National Guard. While community. They now provide com- today. his departure will be a major loss to prehensive services to the chronically After leaving Logansport, Charles the both NGB and the Federal Govern- homeless of Atlanta. graduated from Southern University at ment, his new position as legislative In 2003, the hospital formed the Saint Baton Rouge with a bachelor of science director with the Enlisted Association Joseph’s Research Institute, a com- in agronomy. He received his master’s of the National Guard of the U.S. is prehensive research center to provide degree in public administration from well deserved. It is with admiration patients access to some of the newest Harvard University in Cambridge, MA, that I honor Sergeant Major Yoakum and most innovative therapies avail- in 1983 and has Ph.D. studies in urban today and congratulate him on his re- able in the world. The Research Insti- and public affairs at the University of tirement. I wish him and his family all tute provides preclinical research and Texas in Arlington. the best.∑ trials and clinical trials in cardiology, His impressive career with USDA spans some 38 years, having held some f pulmonology, radiation, oncology, gas- troenterology, orthopaedics and more. of the top positions in his Agency, in- CONGRATULATIONS TO SAINT Saint Joseph’s is among only 10 non- cluding regional conservationist for JOSEPH’S HOSPITAL teaching hospitals in the country to the NRCS Southeast Region, based in ∑ Mr. ISAKSON. Mr. President, I rise have earned the Distinguished Hospital Atlanta, GA, from 1997 to 2004, director to memorialize in the RECORD of the Award for Clinical Excellence and Pa- of the National Employee Development

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.095 S16DEPT1 S13780 CONGRESSIONAL RECORD — SENATE December 16, 2005 Center, based in Fort Worth, TX, from a man who has influenced the lives of MESSAGES FROM THE PRESIDENT 1993 to 1997, South National Technical so many students for more than 35 Messages from the President of the Center associate director, also based in years. United States were communicated to Fort Worth, from 1992 to 1993, and A band director since 1969, Dr. Isaac the Senate by Mr. Thomas, one of his water quality coordinator at the center Greggs has taken the half time show secretaries. from 1990 to 1992. for Southern University to a different Before that Charles served as NRCS’s level, electrifying audiences with the f State Conservationist for Arizona, band’s energetic and precise perform- EXECUTIVE MESSAGES REFERRED based in Phoenix, from 1988 to 1990, ances. However, these performances As in executive session the Presiding after having been the State Conserva- could not have happened without a lot Officer laid before the Senate messages tionist for Nevada, based in Reno, from of hard work. Dr. Greggs’ practices are from the President of the United 1986 to 1988. He was the Deputy State legendary for being gruelling, but they States submitting sundry nominations Conservationist in New Mexico, based paid off in the end. which were referred to the appropriate in Albuquerque, from 1985 to 1986, after In many ways, Dr. Greggs’ practices committees. having been the Assistant State Con- are a metaphor for his life—when one (The nominations received today are servationist for Operations at that lo- demonstrates discipline and effort, one printed at the end of the Senate pro- cation from 1984 to 1985. can succeed anywhere. ceedings.) Charles worked as an area conserva- This motto certainly proved true for tionist in Rio Rancho, NM, from 1983 to Dr. Greggs’ band. Under his direction, f 1984, after working as an area conserva- the band performed around the world, REPORT OF GUIDELINES AND RE- tionist in Flagstaff, AZ, from 1981 to including for three United States Pres- QUIREMENTS RELATIVE TO IM- 1982. From 1978 to 1981 he served as a idential inaugurations, four Sugar PLEMENTATION OF THE INFOR- district conservationist in Edinburg, Bowls, and five Super Bowls. The band MATION SHARING ENVIRONMENT TX, following service from 1976 to 1978 has also appeared at the Astro Dome, CALLED FOR BY SECTION 1016 OF as a district conservationist in East- Superdome, Yankee Stadium, and the THE INTELLIGENCE REFORM land, TX. He was a soil conservationist Oakland Stadium Coliseum. For six AND TERRORISM PREVENTION for the agency in Abilene, TX, from weeks, the band played at Radio City ACT OF 2004—PM 34 1973 to 1976. He began his full-time ca- Music Hall, and they have also made The Presiding Officer laid before the reer with the agency as a soil scientist appearances on television shows such Senate the following message from the in Athens, TX, in 1969. as the Bob Hope Show, Jim Nabors President of the United States, to- During his tenure with USDA, Show, Almost Anything Goes Show, gether with an accompanying report; Charles founded some of the Agency’s Perry Como Show, Henry, The Fonz, which was referred to the Select Com- most innovative approaches to out- Winkler Show, and the Telly Savalas mittee on Intelligence: reach, including the Student Trainees Show. in Agriculture Related Sciences, In addition to the talent Dr. Greggs To the Congress of the United States STARS, program, an initiative to in- has brought as a band leader, he is also The robust and effective sharing of troduce underserved high school stu- an accomplished musician and song terrorism information is vital to pro- dents in the Southeast to agriculture, writer and is the author of Southern tecting Americans and the Homeland as well as NRCS’s American Indian University’s fight song and alma from terrorist attacks. To ensure that Program Delivery Initiative, an annual mater. He is an honorary member of we succeed in this mission, my Admin- conference linking USDA officials with both Louisiana’s House of Representa- istration is working to implement the American Indian leaders to promote tives and State Senate, and has won Information Sharing Environment tribal participation in USDA programs several major music festival awards for (ISE) called for by section 1016 of the and services. the marching division. Dr. Greggs has Intelligence Reform and Terrorism While working for NRCS, Charles conducted honor bands throughout the Prevention Act of 2004 (IRTPA). The Adams has received a number of country, and on behalf of Southern ISE is intended to enable the Federal awards and recognitions. Within the University he was presented with a spe- Government and our State, local, trib- last few years alone, he received sev- cial trophy by the National Football al, and private sector partners to share eral USDA Honor Awards, including League for his band’s outstanding per- appropriate information relating to the Secretary’s Award for his leader- formance at a Super Bowl. terrorists, their threats, plans, net- ship of the Southeast Region American Dr. Greggs’ leadership is not limited works, supporters, and capabilities Indian Initiative Workgroup and the to the sporting field. As president of while, at the same time, respecting the Sustainable Coffee Production Team, the Louisiana College Band Directors information privacy and other legal and his work in the Agency’s Stream- Association, founder and president of rights of all Americans. lining and Cost-saving Initiative. He the Lakeside Music Mart and School of Today, I issued a set of guidelines received special recognition through a Music, and State Chairman of the and requirements that represent a sig- national volunteer award for his long- L.I.A.L.O. Band Festival, Dr. Greggs nificant step in the establishment of standing dedication to the NRCS Earth has proved his leadership skills and the ISE. These guidelines and require- Team Volunteer Program and was the shown his commitment to the arts. ments, which are consistent with the recipient of the Chief’s Workforce Di- Dr. Greggs was presented with the provisions of section 1016(d) of IRTPA, versity Award which praised his en- Key of Life Award at the 31st NAACP are set forth in a memorandum to the couragement and promotion of profes- Image Awards. The Key of Life Award heads of executive departments and sional development among his employ- was created in honor of musician agencies. The guidelines and require- ees. In addition, his extensive outreach Stevie Wonder and is presented to an ments also address collateral issues efforts to minorities and women earned individual or group who exemplifies that are essential to any meaningful him a nomination for the Agency’s Wonder’s ‘‘inner vision.’’ The award progress on information sharing. In highest Civil Rights Award in 2003. also recognizes extraordinary achieve- sum, these guidelines will: Charles is married to the former ments in the areas of civil rights, Clarify roles and authorities across Prenella Williamson of Port Gibson, human rights, and community. It is executive departments and agencies; MS. In his spare time, he enjoys raising clear through all of his career, Dr. Implement common standards and horses on his ranch in Shreveport, LA, Greggs exemplified these attributes. architectures to further facilitate restoring his collection antique cars Dr. Greggs’ power to move people timely and effective information shar- and fishing with his young grandsons.∑ through music is an amazing gift. If ing; f one is lucky in life, one improves the Improve the Federal Government’s life of one’s own children. However, Dr. terrorism information sharing rela- HONORING DR. ISAAC GREGGS Greggs has improved the lives of thou- tionships with State, local, and tribal ∑ Ms. LANDRIEU. Mr. President, I sands and has left an indelible mark on governments, the private sector, and would like to take a moment and honor African-American students and fans.∑ foreign allies;

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.096 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13781 Revamp antiquated classification From the Committee on Armed Serv- From the Committee on Resources, and marking systems, as they relate to ices, for consideration of the House bill for consideration of sections 341–346, sensitive but unclassified information; and the Senate amendment, and modi- 601, and 2813 of the House bill, and sec- Ensure that information privacy and fications committed to conference: tions 1078, 2884, and 3116 of the Senate other legal rights of Americans are Messrs. HUNTER, WELDON of Pennsyl- amendment, and modifications com- protected in the development and im- vania, HEFLEY, SAXTON, MCHUGH, mitted to conference: Messrs. POMBO, plementation of the ISE; and EVERETT, BARTLETT of Maryland, BROWN of South Carolina, and RAHALL. Ensure that departments and agen- MCKEON, THORNBERRY, HOSTETTLER, From the Committee on Science, for cies promote a culture of information RYUN of Kansas, GIBBONS, HAYES, CAL- consideration of section 223 of the sharing by assigning personnel and VERT, SIMMONS, Mrs. DRAKE, Messrs. House bill and sections 814 and 3115 of dedicating resources to terrorism infor- SKELTON, SPRATT, ORTIZ, EVANS, TAY- the Senate amendment, and modifica- mation sharing. LOR of Mississippi, ABERCROMBIE, MEE- tions committed to conference: Messrs. The guidelines build on the strong HAN, REYES, SNYDER, SMITH of Wash- BOEHLERT, AKIN, and GORDON. commitment that my Administration ington, Ms. Loretta SANCHEZ of Cali- From the Committee on Small Busi- and the Congress have already made to fornia, and Mrs. TAUSCHER. ness, for consideration of section 223 of strengthening information sharing, as From the Permanent Select Com- the House bill, and sections 814, 849–852, evidenced by Executive Orders 13311 of mittee on Intelligence, for consider- 855, and 901 of the Senate amendment, July 27, 2003, and 13388 of October 25, ation of matters within the jurisdic- and modifications committed to con- 2005, section 892 of the Homeland Secu- tion of that committee under clause 11 ference: Mr. MANZULLO, Mrs. KELLY, rity Act of 2002, the USA PATRIOT ´ of rule X: Messrs. HOEKSTRA, LAHOOD, and Ms. VELAZQUEZ. Act, and sections 1011 and 1016 of the From the Committee on Transpor- and Ms. HARMAN. IRTPA. While much work has been From the Committee on Education tation and Infrastructure, for consider- done by executive departments and and the Workforce, for consideration of ation of sections 314, 508, 601, and 1032– agencies, more is required to fully de- sections 561–563, 571, and 815 of the 1034 of the House bill, and sections 312, velop and implement the ISE. House bill, and sections 581–584 of the 2890, 2893, and 3116 of the Senate To lead this national effort, I des- Senate amendment, and modifications amendment, and modifications com- ignated the Program Manager (PM) re- mitted to conference: Messrs. YOUNG of committed to conference: Messrs. CAS- sponsible for information sharing Alaska, DUNCAN, and SALAZAR. TLE, WILSON of South Carolina, and across the Federal Government, and di- From the Committee on Veterans Af- HOLT. rected that the PM and his office be fairs, for consideration of sections 641, From the Committee on Energy and part of the Office of the Director of Na- 678, 714, and 1085 of the Senate amend- Commerce, for consideration of sec- tional Intelligence (DNI), and that the ment, and modifications committed to tions 314, 601, 1032, and 3201 of the DNI exercise authority, direction, and conference: Messrs. BUYER, MILLER of House bill, and sections 312, 1084, 2893, control over the PM and ensure that Florida, and Ms. BERKLEY. 3116, and 3201 of the Senate amend- the PM carries out his responsibilities From the Committee on Ways and ment, and modifications committed to under section 1016 of IRTPA. I fully Means, for consideration of section 677 conference: Messrs. BARTON of Texas, support the efforts of the PM and the of the Senate amendment, and modi- Information Sharing Council to trans- GILLMOR, and DINGELL. fications committed to conference: From the Committee on Financial form our current capabilities into the Messrs. THOMAS, HERGER, and Services, for consideration of sections desired ISE, and I have directed all MCDERMOTT. 676 and 1073 of the Senate amendment, heads of executive departments and and modifications committed to con- agencies to support the PM and the At 2:08 p.m., a message from the DNI to meet our stated objectives. ference: Messrs. OXLEY, NEY, and House of Representatives, delivered by Creating the ISE is a difficult and FRANK of Massachusetts. Mr. Hays, one of its reading clerks, an- complex task that will require a sus- From the Committee on Govern- nounced that the House has passed the tained effort and strong partnership mental Reform, for consideration of following bill, in which it requests the with the Congress. I know that you sections 322, 665, 811, 812, 820A, 822–825, concurrence of the Senate: share my commitment to achieve the 901, 1101–1106, 1108, title XIV, sections H.R. 2830. An act to amend the Employee goal of providing decision makers and 2832, 2841, and 2852 of the House bill, Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to reform the men and women on the front lines and sections 652, 679, 801, 802, 809E, 809F, 809G, 809H, 811, 824, 831, 843–845, the pension funding rules, and for other pur- in the War on Terror with the best pos- poses. sible information to protect our Na- 857, 922, 1073, 1106, and 1109 of the Sen- ate amendment, and modifications The message also announced that the tion. I appreciate your support to date House has agreed to the following con- and look forward to working with you committed to conference: Messrs. TOM DAVIS of Virginia, SHAYS, and WAXMAN. current resolutions, in which it re- in the months ahead on this critical quests the concurrence of the Senate: initiative. From the Committee on Homeland H. Con. Res. 294. Concurrent resolution GEORGE W. BUSH. Security, for consideration of sections 1032, 1033, and 1035 of the House bill, calling on the international community to THE WHITE HOUSE, December 16, 2005. condemn the Laogai, the system of forced f and section 907 of the Senate amend- labor prison camps in the People’s Republic ment, and modifications committed to of China, as a tool for suppression main- MESSAGES FROM THE HOUSE conference: Messrs. LINDER, DANIEL E. tained by the Chinese Government. At 1:20 p.m., a message from the LUNGREN of California, and THOMPSON H. Con. Res. 312. Concurrent resolution House of Representatives, delivered by of Mississippi. urging the Government of the Russian Fed- Mr. Hays, one of its reading clerks, an- From the Committee on Inter- eration to withdraw the first draft of the nounced that the House disagree to the national Relations, for consideration of proposed legislation as passed in its first reading in the State Duma that would have amendment of the Senate to the bill sections 814, 1021, 1203–1206, and 1301– the effect of severely restricting the estab- (H.R. 1815) to authorize appropriations 1305 of the House bill, and sections 803, lishment, operations, and activities of do- for fiscal year 2006 for military activi- 1033, 1203, 1205–1207, and 1301–1306 of the mestic, international, and foreign non- ties of the Department of Defense, for Senate amendment, and modifications governmental organizations in the Russian military construction, and for defense committed to conference: Messrs. Federation, or to modify the proposed legis- activities of the Department of Energy, HYDE, LEACH, and LANTOS. lation to entirely remove these restrictions. to prescribe military personnel From the Committee on the Judici- H. Con. Res. 315. Concurrent resolution strengths for such fiscal year, and for ary, for consideration of sections 551, urging the President to issue a proclamation for the observance of an American Jewish other purposes; and agree to the con- 673, 1021, 1043, and 1051 of the House History Month. ference asked by the Senate on the dis- bill, and sections 553, 615, 617, 619, 1072, agreeing votes of the two Houses there- 1075, 1077, and 1092 of the Senate At 8:10 p.m., a message from the on; and appoints the following mem- amendment, and modifications com- House of Representatives, delivered by bers as the managers of the conference mitted to conference: Messrs. SENSEN- Mr. Hays, one of its reading clerks, an- on the part of the House: BRENNER, CHABOT, and CONYERS. nounced that the House agree to the

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.122 S16DEPT1 S13782 CONGRESSIONAL RECORD — SENATE December 16, 2005 amendment of the Senate to the bill ation of title V and division A of the suant to law, a report entitled ‘‘Audit of Ad- (H.R. 4440) to amend the Internal Rev- Senate bill and title VII of the House visory Neighborhood Commission 1A for Fis- enue Code of 1986 to provide tax bene- amendment, and modifications com- cal Years 2003 Through 2005, as of March 31, 2005’’; to the Committee on Homeland Secu- fits for the Gulf Opportunity Zone and mitted to conference: Mr. YOUNG of rity and Governmental Affairs. certain areas affected by Hurricane Alaska, Mr. LOBIONDO, and Mr. OBER- EC–4930. A communication from the Chair- Rita and Wilma, and for other pur- STAR. man, U.S. Merit Systems Protection Board, poses. From the Committee on Ways and transmitting, pursuant to law, a report enti- The message also announced that the Means, for consideration of sections tled ‘‘Building a High-Quality Workforce: House insist upon its amendment to 6039, 6071, and subtitle B of title VI of The Federal Career Intern Program’’; to the the bill (S. 1932) to provide for rec- the Senate bill and title VIII of the Committee on Homeland Security and Gov- ernmental Affairs. onciliation pursuant to section 202(a) House amendment, and modifications EC–4931. A communication from the Spe- of the concurrent resolution on the committed to conference: Mr. THOMAS, cial Counsel, Office of Special Counsel, budget for fiscal year 2006 (H. Con. Res. Mr. HERGER, and Mr. RANGEL. transmitting, pursuant to law, a report rel- 95), disagreed to by the Senate, and f ative to the Federal Managers’ Financial In- agree to the conference asked by the tegrity Act/Inspector General Act Reports MEASURES PLACED ON THE Senate on the disagreeing votes of the for fiscal year 2005; to the Committee on CALENDAR two Houses thereon; and appoints the Homeland Security and Governmental Af- The following bill was read the sec- fairs. following members as the managers of EC–4932. A communication from the Sec- the conference on the part of the ond time, and placed on the calendar: retary of Education, transmitting, pursuant House: H.R. 2892. An act to amend section 255 of to law, the Annual Report to Congress on For consideration of the Senate bill, the National Housing Act to remove the lim- Grants Streamlining; to the Committee on and the House amendment thereto, and itation on the number of reverse mortgages Homeland Security and Governmental Af- modifications committed to con- that may be insured under the FHA mort- fairs. gage insurance program for such mortgages. EC–4933. A communication from the Chair- ference: Mr. NUSSLE, Mr. RYUN of Kan- f man, National Mediation Board, transmit- sas, Mr. CRENSHAW, Mr. PUTNAM, Mr. ting, pursuant to law, a report relative to WICKER, Mr. HULSHOF, Mr. RYAN of Wis- ENROLLED BILL PRESENTED the Federal Managers’ Financial Integrity consin, Mr. BLUNT, Mr. DELAY, Mr. The Secretary of the Senate reported Act of 1982 for fiscal year 2005 ; to the Com- SPRATT, Mr. MOORE of Kansas, Mr. that today, December 16, 2005, she had mittee on Homeland Security and Govern- NEAL of Massachusetts, Ms. DELAURO, mental Affairs. presented to the President of the EC–4934. A communication from the Execu- Mr. EDWARDS, and Mr. FORD. United States the following enrolled tive Director, Federal Retirement Thrift In- From the Committee on Agriculture, bill: vestment Board, transmitting, pursuant to for consideration of title I of the Sen- S. 335. An act to reauthorize the Congres- law a report relative to the Inspector Gen- ate bill and title I of the House amend- sional Award Act. eral Act of 1978 for fiscal year 2005; to the ment, and modifications committed to Committee on Homeland Security and Gov- f conference: Mr. GOODLATTE, Mr. LUCAS, ernmental Affairs. and Mr. PETERSON of Minnesota. EXECUTIVE AND OTHER EC–4935. A communication from the Sec- From the Committee on Education COMMUNICATIONS retary of Transportation transmitting, pursuant to law, the Department’s Report on and the Workforce, for consideration of The following communications were Management Decisions and Final Actions on title VII of the Senate bill and title II laid before the Senate, together with Office of Inspector General Audit Rec- and subtitle C of title III of the House accompanying papers, reports, and doc- ommendations for the period ending March amendment, and modifications com- uments, and were referred as indicated: 31, 2005; to the Committee on Homeland Se- mitted to conference: Mr. BOEHNER, curity and Governmental Affairs. EC–4925. A communication from the Direc- EC–4936. A communication from the Chair- Mr. MCKEON, and Mr. GEORGE MILLER tor, Office of Personnel Management, trans- of California. man, Farm Credit System Insurance Cor- mitting, pursuant to law, the report of a rule poration, transmitting, pursuant to law, a From the Committee on Energy and entitled ‘‘Solicitation of Federal Civilian report relative to the Federal Managers’ Fi- Commerce, for consideration of title III and Uniformed Service Personnel for Con- nancial Integrity Act and the Inspector Gen- and title VI of the Senate bill and title tributions to Private Voluntary Organiza- eral Act Amendments of 1978 for fiscal year III of the House amendment, and modi- tions—Sanctions Compliance Certification’’ 2005; to the Committee on Homeland Secu- fications committed to conference: Mr. (RIN3206–AK71) received on November 28, rity and Governmental Affairs. 2005; to the Committee on Homeland Secu- UPTON, Mr. DEAL of Georgia, and Mr. EC–4937. A communication from the Chair- rity and Governmental Affairs. man, United States International Trade DINGELL. EC–4926. A communication from the Direc- Commission, transmitting, pursuant to law, From the Committee on Financial tor, Office of Personnel Management, trans- the Semiannual Inspector General Report for Services, for consideration of title II of mitting, pursuant to law, the report of a rule the period April 1, 2005 through September the Senate bill and title IV of the entitled ‘‘Prevailing Rate Systems; Change 30, 2005; to the Committee on Homeland Se- House amendment, and modifications in the Survey Cycle for the Harrison, Mis- curity and Governmental Affairs. committed to conference: Mr. OXLEY, sissippi, Nonappropriated Fund Federal EC–4938. A communication from the Sec- Wage System Wage Are a’’ (RIN3206–AK96) Mr. BACHUS, and Mr. FRANK of Massa- retary of Transportation transmitting, pur- received on November 28, 2005; to the Com- chusetts: suant to law, the report of the Office of the mittee on Homeland Security and Govern- Inspector General for the period of April 1, Provided, that Mr. NEY is appointed mental Affairs. 2004 through September 30, 2004; to the Com- in lieu of Mr. BACHUS for consideration EC–4927. A communication from the Direc- mittee on Homeland Security and Govern- of subtitles C and D of title II of the tor, Office of Personnel Management, trans- mental Affairs. Senate bill and subtitle B of title IV of mitting, pursuant to law, the report of a rule EC–4939. A communication from the Acting the House amendment. entitled ‘‘Prevailing Rate Systems; Redefini- Assistant Secretary, Border and Transpor- From the Committee on the Judici- tion of the Adams-Denver, CO, Non- tation Security Policy, Department of ary, for consideration of title VIII of appropriated Fund Wage Area’’ (RIN3206– Homeland Security, transmitting, pursuant the Senate bill and title V of the House AK91) received on November 28, 2005; to the to law, the Annual Report of the Task Force Committee on Homeland Security and Gov- amendment, and modifications com- on the Prohibition of Importation of Prod- ernmental Affairs. ucts of Forced or Prison Labor from the Peo- mitted to conference: Mr. SENSEN- EC–4928. A communication from the Dis- ple’s Republic of China; to the Committee on BRENNER, Mr. SMITH of Texas, and Mr. trict of Columbia Auditor, transmitting, pur- Homeland Security and Governmental Af- CONYERS. suant to law, a report entitled ‘‘Letter to fairs. From the Committee on Resources, Chairman Cropp and Members of the Council EC–4940. A communication from the Chair- for consideration of title IV of the Sen- of the District of Columbia on the Auditor’s man of the Federal Reserve System, trans- ate bill and title VI of the House Concerns Regarding Matters that May Ad- mitting, pursuant to law, the report of the amendment, and modifications com- versely Affect the Financial Operations of Office of the Inspector General for the period the Washington Convention Center’’; to the of April 1, 2005 through September 30, 2005; to mitted to conference: Mr. POMBO, Mr. Committee on Homeland Security and Gov- the Committee on Homeland Security and GIBBONS, and Mr. RAHALL. ernmental Affairs. Governmental Affairs. From the Committee on Transpor- EC–4929. A communication from the Dis- EC–4941. A communication from the Chair- tation and Infrastructure, for consider- trict of Columbia Auditor, transmitting, pur- man of the United States Postal Service,

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.131 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13783 transmitting, pursuant to law, the report of transmitting, pursuant to law, the Fiscal 2005; to the Committee on Homeland Secu- the Office of the Inspector General for the Year 2005 Performance and Accountability rity and Governmental Affairs. period of April 1, 2005 through September 30, Report; to the Committee on Homeland Se- EC–4968. A communication from the Sec- 2005; to the Committee on Homeland Secu- curity and Governmental Affairs. retary of Veterans Affairs, transmitting, rity and Governmental Affairs. EC–4955. A communication from the Chair- pursuant to law, the report of the Office of EC–4942. A communication from the Chief man of the Occupational Safety and Health the Inspector General for the period of April Executive Officer, Corporation for National Review Commission, transmitting, pursuant 1, 2005 through September 30, 2005; to the Community Service, transmitting, pursuant to law, the Fiscal Year 2005 Performance and Committee on Homeland Security and Gov- to law, the report of the Office of the Inspec- Accountability Report; to the Committee on ernmental Affairs. tor General for the period of April 1, 2005 Homeland Security and Governmental Af- EC–4969. A communication from the Chair- through September 30, 2005; to the Com- fairs. man, National Endowment for the Arts, mittee on Homeland Security and Govern- EC–4956. A communication from the Chair- transmitting, pursuant to law, the report of mental Affairs. man, National Endowment for the Arts, the Office of the Inspector General for the EC–4943. A communication from the Sec- transmitting, pursuant to law, the Fiscal period of April 1, 2005 through September 30, retary of Labor, transmitting, pursuant to Year 2005 Performance and Accountability 2005; to the Committee on Homeland Secu- law, the report of the Office of the Inspector Report; to the Committee on Homeland Se- rity and Governmental Affairs. EC–4970. A communication from the Sec- General for the period of April 1, 2005 curity and Governmental Affairs. retary of Health and Human Services, trans- through September 30, 2005; to the Com- EC–4957. A communication from the Execu- mitting, pursuant to law, the report of the tive Director, Pension Benefit Guaranty Cor- mittee on Homeland Security and Govern- Office of the Inspector General for the period poration, transmitting, pursuant to law, the mental Affairs. of April 1, 2005 through September 30, 2005; to EC–4944. A communication from the Chair- Fiscal Year 2005 Performance and Account- the Committee on Homeland Security and man, Consumer Product Safety Commission, ability Report; to the Committee on Home- Governmental Affairs. transmitting, pursuant to law, the Fiscal land Security and Governmental Affairs. EC–4971. A communication from the Chair- Year 2005 Annual Performance and Account- EC–4958. A communication from the Chair- man, National Credit Union Administration, ability Report; to the Committee on Home- man, Federal Housing Finance Board, trans- transmitting, pursuant to law, the report of land Security and Governmental Affairs. mitting, pursuant to law, the Fiscal Year the Office of the Inspector General for the EC–4945. A communication from the Fed- 2005 Performance and Accountability Report; period of April 1, 2005 through September 30, eral Co-Chair, Appalachian Regional Com- to the Committee on Homeland Security and 2005; to the Committee on Homeland Secu- mission, transmitting, pursuant to law, the Governmental Affairs. rity and Governmental Affairs. Fiscal Year 2005 Performance and Account- EC–4959. A communication from the Chair- EC–4972. A communication from the Chair- ability Report; to the Committee on Home- man, Federal Communication Commission, man, Securities and Exchange Commission, land Security and Governmental Affairs. transmitting, pursuant to law, the Fiscal transmitting, pursuant to law, the report of EC–4946. A communication from the Ad- Year 2005 Performance and Accountability the Office of the Inspector General for the ministrator, National Aeronautics and Space Report; to the Committee on Homeland Se- period of April 1, 2005 through September 30, Administration, transmitting, pursuant to curity and Governmental Affairs. 2005; to the Committee on Homeland Secu- law, the report of the Office of the Inspector EC–4960. A communication from the Ad- rity and Governmental Affairs. General for the period of April 1, 2005 ministrator, Environmental Protection EC–4973. A communication from Secretary through September 30, 2005; to the Com- Agency, transmitting, pursuant to law, the of the Interior, transmitting, pursuant to mittee on Homeland Security and Govern- Fiscal Year 2005 Performance and Account- law, the report of the Office of the Inspector mental Affairs. ability Report; to the Committee on Home- General for the period of April 1, 2005 EC–4947. A communication from the Chair- land Security and Governmental Affairs. through September 30, 2005; to the Com- man, Federal Maritime Commission, trans- EC–4961. A communication from the Acting mittee on Homeland Security and Govern- mitting, pursuant to law, the report of the Deputy Secretary of Defense, transmitting, mental Affairs. Office of the Inspector General for the period pursuant to law, the report of the Office of EC–4974. A communication from the Chair of April 1, 2005 through September 30, 2005; to the Inspector General for the period of April of the Equal Employment Opportunities the Committee on Homeland Security and 1, 2005 through September 30, 2005; to the Commission, transmitting, pursuant to law, Governmental Affairs. Committee on Homeland Security and Gov- the report of the Office of the Inspector Gen- EC–4948. A communication from the Sec- ernmental Affairs. eral for the period of April 1, 2005 through retary of Agriculture, transmitting, pursu- EC–4962. A communication from the Chair- September 30, 2005; to the Committee on ant to law, the Fiscal Year 2005 Performance man, Federal Trade Commission, transmit- Homeland Security and Governmental Af- and Accountability Report; to the Com- ting, pursuant to law, the report of the Of- fairs. mittee on Homeland Security and Govern- fice of the Inspector General for the period of EC–4975. A communication from Director, mental Affairs. April 1, 2005 through September 30, 2005; to Office of Personnel Management, transmit- EC–4949. A communication from the Office the Committee on Homeland Security and ting, pursuant to law, the report of the Of- of Special Counsel transmitting, pursuant to Governmental Affairs. fice of the Inspector General for the period of law, the Fiscal Year 2005 Performance and EC–4963. A communication from the Sec- April 1, 2005 through September 30, 2005; to Accountability Report; to the Committee on retary of the Treasury, transmitting, pursu- the Committee on Homeland Security and Homeland Security and Governmental Af- ant to law, the report of the Office of the In- Governmental Affairs. EC–4976. A communication from the Chair- fairs. spector General for the period of April 1, 2005 man, Pension Benefit Guaranty Corporation, EC–4950. A communication from the Chair- through September 30, 2005; to the Com- transmitting, pursuant to law, the report of man of the National Endowment for the Hu- mittee on Homeland Security and Govern- the Office of the Inspector General for the manities, transmitting, pursuant to law, the mental Affairs. period of April 1, 2005 through September 30, Fiscal Year 2005 Performance and Account- EC–4964. A communication from the Direc- 2005; to the Committee on Homeland Secu- ability Report; to the Committee on Home- tor, Office of Personnel Management, trans- rity and Governmental Affairs. land Security and Governmental Affairs. mitting, pursuant to law, the report of the EC–4977. A communication from the In- EC–4951. A communication from the Dep- Office of the Inspector General for the period spector General, Railroad Retirement Board, uty Director of Communications and Legis- of April 1, 2005 through September 30, 2005; to transmitting, pursuant to law, the report of lative Affairs, Equal Employment Oppor- the Committee on Homeland Security and the Office of the Inspector General for the tunity Commission, transmitting, pursuant Governmental Affairs. period of April 1, 2005 through September 30, to law, the Fiscal Year 2005 Performance and EC–4965. A communication from the Sec- 2005; to the Committee on Homeland Secu- Accountability Report; to the Committee on retary of Energy, transmitting, pursuant to rity and Governmental Affairs. Homeland Security and Governmental Af- law, the report of the Office of the Inspector EC–4978. A communication from the Presi- fairs. General for the period of April 1, 2005 dent, Overseas Private Investment Corpora- EC–4952. A communication from the Direc- through September 30, 2005; to the Com- tion, transmitting, pursuant to law, the re- tor of Administration, National Labor Rela- mittee on Homeland Security and Govern- port of the Office of the Inspector General tions Board, transmitting, pursuant to law, mental Affairs. for the period of April 1, 2005 through Sep- the Fiscal Year 2005 Performance and Ac- EC–4966. A communication from the Sec- tember 30, 2005; to the Committee on Home- countability Report; to the Committee on retary of Education, transmitting, pursuant land Security and Governmental Affairs. Homeland Security and Governmental Af- to law, the report of the Office of the Inspec- EC–4979. A communication from Chairman, fairs. tor General for the period of April 1, 2005 Railroad Retirement Board, transmitting, EC–4953. A communication from the Chair- through September 30, 2005; to the Com- pursuant to law, the report of the Office of man, Securities and Exchange Commission, mittee on Homeland Security and Govern- the Inspector General for the period of April transmitting, pursuant to law, the Fiscal mental Affairs. 1, 2005 through September 30, 2005; to the Year 2005 Performance and Accountability EC–4967. A communication from the Ad- Committee on Homeland Security and Gov- Report; to the Committee on Homeland Se- ministrator, Small Business Administration, ernmental Affairs. curity and Governmental Affairs. transmitting, pursuant to law, the report of EC–4980. A communication from the Chair- EC–4954. A communication from the Chair- the Office of the Inspector General for the man of the Council of the District of Colum- man, Merit Systems Protection Board, period of April 1, 2005 through September 30, bia, transmitting, pursuant to law, a report

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.133 S16DEPT1 S13784 CONGRESSIONAL RECORD — SENATE December 16, 2005 on D.C. Act 16–213, ‘‘District Department of EC–4993. A communication from the Dis- received on December 5, 2005; to the Com- the Environment Establishment Act of 2005’’; trict of Columbia Auditor, transmitting, pur- mittee on Commerce, Science, and Transpor- to the Committee on Homeland Security and suant to law, a report entitled ‘‘Letter Re- tation. Governmental Affairs. port: Auditor’s Identification of District EC–5002. A communication from the Pro- EC–4981. A communication from the Chair- Government Employees Earning Annual Sal- gram Analyst, Federal Aviation Administra- man of the Council of the District of Colum- aries of At Least $90,000 But Less Than tion, Department of Transportation, trans- bia, transmitting, pursuant to law, a report $100,000 During Fiscal Years 2001 Through mitting, pursuant to law, the report of a rule on D.C. Act 16–212, ‘‘Technical Amendments 2004’’; to the Committee on Homeland Secu- entitled ‘‘Airworthiness Directives; Airbus Act of 2005’’; to the Committee on Homeland rity and Governmental Affairs. Model A319–100 Series Airplanes Model A320– Security and Governmental Affairs. EC–4994. A communication from the Assist- 111 Airplanes, Model A320–200 Airplanes Se- EC–4982. A communication from the Chair- ant Secretary for Fish and Wildlife and ries, and Model A321–100 Series Airplanes’’ man of the Council of the District of Colum- Parks, Department of the Interior, transmit- ((RIN2120–AA64)(2005–0561)) received on De- bia, transmitting, pursuant to law, a report ting, pursuant to law, the 2004 Annual Re- cember 5, 2005; to the Committee on Com- on D.C. Act 16–210, ‘‘Anti-Drunk Driving port of the National Center for Preservation merce, Science, and Transportation. Clarification Temporary Amendment Act of Technology and Training; to the Committee EC–5003. A communication from the Pro- 2005’’; to the Committee on Homeland Secu- on Energy and Natural Resources. gram Analyst, Federal Aviation Administra- rity and Governmental Affairs. EC–4995. A communication from the Direc- tion, Department of Transportation, trans- EC–4983. A communication from the Chair- tor, Holocaust Memorial Museum, transmit- mitting, pursuant to law, the report of a rule man of the Council of the District of Colum- ting, pursuant to law, the annual report on entitled ‘‘Airworthiness Directives; Airbus bia, transmitting, pursuant to law, a report commercial activities inventory; to the Model A330–200 and A330–300 Series Air- planes; and Model A340–200 and A340–300 Se- on D.C. Act 16–208, ‘‘Department of Small Committee on Homeland Security and Gov- ries Airplanes’’ ((RIN2120–AA64)(2005–0562)) and Local Business Development Clarifica- ernmental Affairs. tion Temporary Amendment Act of 2005’’; to EC–4996. A communication from the Dep- received on December 5, 2005; to the Com- the Committee on Homeland Security and uty Assistant Administrator, Office of Sus- mittee on Commerce, Science, and Transpor- tation. Governmental Affairs. tainable Fisheries, National Marine Fish- EC–4984. A communication from the Chair- EC–5004. A communication from the Pro- eries Service, National Oceanic and Atmos- gram Analyst, Federal Aviation Administra- man of the Council of the District of Colum- pheric Administration, transmitting, pursu- bia, transmitting, pursuant to law, a report tion, Department of Transportation, trans- ant to law, the report of a rule entitled ‘‘Re- mitting, pursuant to law, the report of a rule on D.C. Act 16–207, ‘‘Natural Gas Taxation instatement of Essential Fish Habitat Closed Relief Temporary Act of 2005’’; to the Com- entitled ‘‘Airworthiness Directives; Airbus Areas under the Atlantic Sea Scallop Fish- Model A319–100, A320–200, and A321–100 and mittee on Homeland Security and Govern- ery Management Plan’’ (RIN0648–AT99) re- mental Affairs. –200 Series Airplanes’’ ((RIN2120–AA64)(2005– ceived on December 5, 2005; to the Committee EC–4985. A communication from the Chair- 0563)) received on December 5, 2005; to the on Commerce, Science, and Transportation. man of the Council of the District of Colum- Committee on Commerce, Science, and EC–4997. A communication from the Dep- bia, transmitting, pursuant to law, a report Transportation. uty Assistant Administrator, Office of Sus- on D.C. Act 16–199, ‘‘Producer Summary Sus- EC–5005. A communication from the Pro- tainable Fisheries, National Marine Fish- pension Temporary Amendment Act of 2005’’; gram Analyst, Federal Aviation Administra- eries Service, National Oceanic and Atmos- to the Committee on Homeland Security and tion, Department of Transportation, trans- pheric Administration, transmitting, pursu- Governmental Affairs. mitting, pursuant to law, the report of a rule EC–4986. A communication from the Chair- ant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Saab man of the Council of the District of Colum- ‘‘Fisheries off West Coast States and in the Model SAAB 2000 Airplanes’’ ((RIN2120– bia, transmitting, pursuant to law, a report Western Pacific; Pacific Coast Groundfish AA64)(2005–0564)) received on December 5, on D.C. Act 16–198, ‘‘Health-Care Decisions Fishery; Groundfish Fishery Management 2005; to the Committee on Commerce, for Persons with Mental Retardation and De- Measures—Emergency Rule and Extension of Science, and Transportation. velopmental Disabilities Temporary Amend- Expiration Date’’ ((RIN0648–AT38)(I.D. EC–5006. A communication from the Pro- ment Act of 2005’’; to the Committee on 043605G)) received on December 5, 2005 to the gram Analyst, Federal Aviation Administra- Homeland Security and Governmental Af- Committee on Commerce, Science, and tion, Department of Transportation, trans- fairs. Transportation. mitting, pursuant to law, the report of a rule EC–4987. A communication from the Chair- EC–4998. A communication from the Acting entitled ‘‘Airworthiness Directives; Boeing man of the Council of the District of Colum- Director, Office of Sustainable Fisheries, Na- Model 737–600, –700, –700C, –800, and –900 Se- bia, transmitting, pursuant to law, a report tional Marine Fisheries Service, National ries Airplanes’’ ((RIN2120–AA64)(2005–0556)) on D.C. Act 16–197, ‘‘Heating Oil and Artifi- Oceanic and Atmospheric Administration, received on December 5, 2005; to the Com- cial Gas Consumer Relief Temporary Act of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tation. 2005’’; to the Committee on Homeland Secu- a rule entitled ‘‘Closure of the Eastern U.S./ Canada Area’’ (I.D. 081705H) received on De- EC–5007. A communication from the Pro- rity and Governmental Affairs. gram Analyst, Federal Aviation Administra- EC–4988. A communication from the Chair- cember 5, 2005; to the Committee on Com- tion, Department of Transportation, trans- man of the Council of the District of Colum- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule bia, transmitting, pursuant to law, a report EC–4999. A communication from the Acting Deputy Assistant Administrator, Office of entitled ‘‘Airworthiness Directives; British on D.C. Act 16–496, ‘‘Gasoline Fuel Tax Ex- Aerospace Model BAC 1–11 200 and 400 Series amination Temporary Act of 2005’’; to the Sustainable Fisheries, National Marine Fish- eries Service, National Oceanic and Atmos- Airplanes’’ ((RIN2120–AA64)(2005–0553)) re- Committee on Homeland Security and Gov- ceived on December 5, 2005; to the Committee ernmental Affairs. pheric Administration, transmitting, pursuant to law, the report of a rule entitled on Commerce, Science, and Transportation. EC–4989. A communication from the Chair- EC–5008. A communication from the Pro- ‘‘Continuation of Emergency Rule to Modify man of the Council of the District of Colum- gram Analyst, Federal Aviation Administra- bia, transmitting, pursuant to law, a report the Current Limited Prohibition on the Har- tion, Department of Transportation, trans- on D.C. Act 16–195, ‘‘Closing of a Portion of a vest of Certain Shellfish from Areas Con- mitting, pursuant to law, the report of a rule Public Alley in Square 5217, S.O. 03–1548 Act taminated by the Toxin that Causes Para- entitled ‘‘Airworthiness Directives; Fokker of 2005’’; to the Committee on Homeland Se- lytic Shellfish Poisoning’’ (RIN0648–AT48) re- Model F27 Mark 050 Airplanes’’ ((RIN2120– curity and Governmental Affairs. ceived on December 5, 2005; to the Committee AA64)(2005–0554)) received on December 5, EC–4990. A communication from the Ad- on Commerce, Science, and Transportation. 2005; to the Committee on Commerce, ministrator, Office of Management and EC–5000. A communication from the Pro- Science, and Transportation. Budget, Executive Office of the President, gram Analyst, Federal Aviation Administra- EC–5009. A communication from the Pro- transmitting, pursuant to law, a report enti- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tled ‘‘Validating Regulatory Analysis: 2005 mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Report to Congress on the Costs and Benefits entitled ‘‘Airworthiness Directives; Empresa mitting, pursuant to law, the report of a rule of Federal Regulations and Unfunded Man- Brasileira de Aeronautica SA Model EMB–135 entitled ‘‘Airworthiness Directives; Boeing dates on State, Local, and Tribal Entities’’; Airplanes, and Model EMB–145, –145ER, Model 737 Airplanes’’ ((RIN2120–AA64)(2005– to the Committee on Homeland Security and –145MR, –145LR, 145XR, –145MP, and –145EP 0555)) received on December 5, 2005; to the Governmental Affairs. Airplanes’’ ((RIN2120–AA64)(2005–0559)) re- Committee on Commerce, Science, and EC–4991. A communication from the Sec- ceived on December 5, 2005; to the Committee Transportation. retary of the Treasury, transmitting, pursu- on Commerce, Science, and Transportation. EC–5010. A communication from the Pro- ant to law, the Fiscal Year 2005 Financial EC–5001. A communication from the Pro- gram Analyst, Federal Aviation Administra- Report; to the Committee on Homeland Se- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- curity and Governmental Affairs. tion, Department of Transportation, transmitting, pursuant to law, the report of a rule EC–4992. A communication from the Presi- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa dent’s Pay Agent, transmitting, pursuant to entitled ‘‘Airworthiness Directives; Learjet Brasileira de Aeronautica S.A. Model ERJ law, a report on locality-based comparability Model 23, 24, 24A, 24B, 24B–A, 24C, 24D, 24D– 170 Airplanes’’ ((RIN2120–AA64)(2005–0557)) repayments; to the Committee on Homeland A, 24E, 24F, 24F–A, 25, 25A, 25B, 25C, 25D, and ceived on December 5, 2005; to the Committee Security and Governmental Affairs. 25F Airplanes’’ ((RIN2120–AA64)(2005–0560)) on Commerce, Science, and Transportation.

VerDate Aug 31 2005 05:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.136 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13785 EC–5011. A communication from the Pro- Wilmington, NC’’ (RIN1625–AA87) received on the Bering Sea and Aleutian Islands Manage- gram Analyst, Federal Aviation Administra- December 5, 2005; to the Committee on Com- ment Area’’ (I.D. No. 111705A) received on tion, Department of Transportation, trans- merce, Science, and Transportation. December 8, 2005; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–5020. A communication from the Pro- merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Bom- gram Analyst, Federal Aviation Administra- f bardier Model CL–600–2B19 Airplanes’’ tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0558)) received on De- mitting, pursuant to law, the report of a rule REPORTS OF COMMITTEES cember 5, 2005; to the Committee on Com- entitled ‘‘Airworthiness Directives; Airbus The following reports of committees merce, Science, and Transportation. Model A300 B4–600 and A300 B4–600R Series were submitted: EC–5012. A communication from the Pro- Airplanes; and A300 F4–605R and A300 C4– gram Analyst, Federal Aviation Administra- 605R Variant F Airplanes’’ ((RIN2120– By Ms. COLLINS, from the Committee on tion, Department of Transportation, trans- AA64)(2005–0566)) received on December 5, Homeland Security and Governmental Af- mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, fairs, without amendment: H.R. 2113. A bill to designate the facility of entitled ‘‘Airworthiness Directives; Learjet Science, and Transportation. the United States Postal Service located at Model 23, 24, 24A, 24B, 24B–A, 24D, 24D–A, 24E, EC–5021. A communication from the Attor- 2000 McDonough Street in Joliet, Illinois, as 24F, 25, 25A, 25B, 25C, 25D, and 25F Airplanes ney Advisor, Federal Transit Administra- the ‘‘John F. Whiteside Joliet Post Office Modified by Supplemental Type Certificate tion, Department of Transportation, transmitting, pursuant to law, the report of a va- Building’’. SA1731SW, SA1669SW, or SA1670SW’’ H.R. 2346. To designate the facility of the cancy in the position of Administrator, re- ((RIN2120–AA64)(2005–0565)) received on De- United States Postal Service located at 105 ceived on December 8, 2005; to the Committee cember 5, 2005; to the Committee on Com- NW Railroad Avenue in Hammond, Lou- on Commerce, Science, and Transportation. merce, Science, and Transportation. isiana, as the ‘‘John J. Hainkel, Jr. Post Of- EC–5013. A communication from the Attor- EC–5022. A communication from the Na- tional ESA Listing Coordinator, Office of fice Building’’. ney Advisor, United States Coast Guard, De- H.R. 2413. A bill to designate the facility of Sustainable Fisheries, National Marine Fish- partment of Homeland Security, transmit- the United States Postal Service located at eries Service, National Oceanic and Atmos- ting pursuant to law, the report of a rule en- 1202 1st Street in Humble, Texas as the ‘‘Lil- pheric Administration, transmitting, pursu- titled ‘‘Escort Vessels for Certain Tankers— lian McKay Post Office Building’’. Crash Stop Criteria’’ (RIN1625–AA65) re- ant to law, the report of a rule entitled ‘‘En- H.R. 2630. A bill to redesignate the facility ceived on December 5, 2005; to the Committee dangered and Threatened Wildlife and of the United States Postal Service located on Commerce, Science, and Transportation. Plants: Endangered Status for Southern at 1927 Sangamon Avenue in Springfield, Illi- EC–5014. A communication from the Chief, Resident Killer Whales’’ (RIN0648–AS95) re- nois, as the ‘‘J.M. Dietrich Northeast Regulations and Administrative Law, United ceived on December 8, 2005; to the Committee Annex’’. States Coast Guard, Department of Home- on Commerce, Science, and Transportation. H.R. 2894. A bill to designate the facility of land Security, transmitting, pursuant to EC–5023. A communication from the Acting the United States Postal Service located at law, the report of a rule entitled ‘‘Draw- Director, Office of Sustainable Fisheries, Na- 102 South Walters Avenue in Hodgenville, bridge Operation Regulations (including 7 tional Marine Fisheries Service, National Kentucky, as the ‘‘Abraham Lincoln Birth- regulations): [CGD01–05–099], [CGD01–05–097], Oceanic and Atmospheric Administration, place Post Office Building’’. [CGD01–05–098], [USCG–2005–22853], [CGD08– transmitting, pursuant to law, the report of H.R. 3256. A bill to designate the facility of 05–052] [CGD01–05–100], [CGD05–05–129]’’ a rule entitled ‘‘Fraser River Sockeye Salm- the United States Postal Service located at (RIN1625–AA09) received on December 5, 2005; on Fisheries; Inseason Orders’’ (I.D. No. 3038 West Liberty Avenue in Pittsburgh, to the Committee on Commerce, Science, 110905G) received on December 8, 2005; to the Pennsylvania, as the ‘‘Congressman James and Transportation. Committee on Commerce, Science, and Grove Fulton Memorial Post Office Build- EC–5015. A communication from the Chief, Transportation. ing’’. Regulations and Administrative Law, United EC–5024. A communication from the Acting H.R. 3368. A bill to designate the facility of States Coast Guard, Department of Home- Director, Office of Sustainable Fisheries, Na- the United States Postal Service located at land Security, transmitting, pursuant to tional Marine Fisheries Service, National 6483 Lincoln Street in Gagetown, Michigan, law, the report of a rule entitled ‘‘Special Oceanic and Atmospheric Administration, as the ‘‘Gagetown Veterans Memorial Post Local Regulations: Offshore Super Series transmitting, pursuant to law, the report of Office’’. Boat Race, St. Petersburg Beach, FL’’ a rule entitled ‘‘Fisheries Off West Coast H.R. 3439. A bill to designate the facility of (RIN1625–AA08) received on December 5, 2005; States and in the Western Pacific; West the United States Postal Service located at to the Committee on Commerce, Science, Coast Salmon Fisheries; Inseason Action 201 North 3rd Street in Smithfield, North and Transportation. #9—Closure of the Recreational Fishery from Carolina, as the ‘‘Ava Gardner Post Office’’. EC–5016. A communication from the Chief, Leadbetter Point, Washington, to Cape Fal- H.R. 3548. A bill to designate the facility of Regulations and Administrative Law, United con, Oregon’’ (I.D. No. 110905D) received on the United States Postal Service located on States Coast Guard, Department of Home- December 8, 2005; to the Committee on Com- Franklin Avenue in Pearl River, New York, land Security, transmitting, pursuant to merce, Science, and Transportation. as the ‘‘Heinz Ahlmeyer, Jr. Post Office law, the report of a rule entitled ‘‘Draw- EC–5025. A communication from the Acting Building’’. bridge Operation Regulations (including 3 Director, Office of Sustainable Fisheries, Na- H.R. 3703. A bill to provide assistance to regulations): [CGD01–05–074], [CGD08–05–041], tional Marine Fisheries Service, National families affected by Hurricane Katrina, [CGD05–05–049]’’ (RIN1625–AA09) received on Oceanic and Atmospheric Administration, through the program of block grants to December 5, 2005; to the Committee on Com- transmitting, pursuant to law, the report of States for temporary assistance for needy merce, Science, and Transportation. a rule entitled ‘‘Fisheries Off West Coast families. A bill to provide the Secretary of EC–5017. A communication from the Chief, States and in the Western Pacific; West Education with waiver authority for stu- Regulations and Administrative Law, United Coast Salmon Fisheries; Inseason Action dents who are eligible for Federal student States Coast Guard, Department of Home- #9—Adjustment of the Commercial Salmon grant assistance who are adversely affected land Security, transmitting, pursuant to Fishery from the Oregon-California Border by a major disaster. A bill to designate the law, the report of a rule entitled ‘‘Regulated to Humboldt South Jetty, California’’ (I.D. facility of the United States Postal Service Navigation Area: San Diego Bay, Mission No. 110905F) received on December 8, 2005; to located at 8501 Philatelic Drive in Spring Bay and Their Approaches, California’’ the Committee on Commerce, Science, and Hill, Florida, as the ‘‘Staff Sergeant Michael (RIN1625–AA11) received on December 5, 2005; Transportation. Schafer Post Office Building’’. to the Committee on Commerce, Science, EC–5026. A communication from the Acting H.R. 3770. A bill to designate the facility of and Transportation. Director, Office of Sustainable Fisheries, Na- the United States Postal Service located at EC–5018. A communication from the Chief, tional Marine Fisheries Service, National 205 West Washington Street in Knox, Indi- Regulations and Administrative Law, United Oceanic and Atmospheric Administration, ana, as the ‘‘Grant W. Green Post Office States Coast Guard, Department of Home- transmitting, pursuant to law, the report of Building’’. land Security, transmitting, pursuant to a rule entitled ‘‘Fisheries of the Exclusive H.R. 3825. A bill to designate the facility of law, the report of a rule entitled ‘‘Safety Economic Zone Off Alaska; Pollock in Sta- the United States Postal Service located at Zone Regulations (including 2 regulations): tistical Area 630 of the Gulf of Alaska’’ (I.D. 770 Trumbull Drive in Pittsburgh Pennsyl- [COPT St Petersburg 05–120], [COPT Western No. 102605A) received on December 8, 2005; to vania, as the ‘‘Clayton J. Smith Memorial Alaska 04–003]’’ (RIN1625–AA00) received on the Committee on Commerce, Science, and Post Office Building’’. December 5, 2005; to the Committee on Com- Transportation. H.R. 3830. A bill to designate the facility of merce, Science, and Transportation. EC–5027. A communication from the Acting the United States Postal Service located at EC–5019. A communication from the Chief, Director, Office of Sustainable Fisheries, Na- 130 East Marion Avenue in Punta Gorda, Regulations and Administrative Law, United tional Marine Fisheries Service, National Florida, as the ‘‘U.S. Cleveland Post Office States Coast Guard, Department of Home- Oceanic and Atmospheric Administration, Building’’. land Security, transmitting, pursuant to transmitting, pursuant to law, the report of H.R. 3989. To designate the facility of the law, the report of a rule entitled ‘‘Security a rule entitled ‘‘Fisheries of the Exclusive United States Postal Service located at 37598 Zone; Cape Fear River, Eagle Island, North Economic Zone Off Alaska; Pacific Cod by Goodhue Avenue in Dennison, Minnesota, as Carolina State Port Authority Terminal, Catcher/Processor Vessels Using Pot Gear in the ‘‘Albert H. Quie Post Office’’.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.139 S16DEPT1 S13786 CONGRESSIONAL RECORD — SENATE December 16, 2005 H.R. 4053. A bill to designate the facility of By Mr. ISAKSON: for small and medium-sized manufacturers, the United States Postal Service located at S. 2122. A bill to terminate the Internal and for other purposes; to the Committee on 545 North Rimsdale Avenue in Covina, Cali- Revenue Code of 1986, and for other purposes; Commerce, Science, and Transportation. fornia, as the ‘‘Lillian Kinkella Keil Post Of- to the Committee on Finance. By Mr. INOUYE (for himself and Mr. fice’’. By Mr. ALLARD (for himself, Mr. LAUTENBERG): S. 1445. A bill to designate the facility of BAYH, and Mr. MARTINEZ): S. 2135. A bill to direct the Secretary of the United States Postal Service located at S. 2123. A bill to modernize the manufac- Transportation to report to Congress con- 520 Colorado Avenue in Arriba, Colorado, as tured housing loan insurance program under cerning proposed changes to long-standing the ‘‘William H. Emery Post Office’’. title I of the National Housing Act; to the policies that prohibit foreign interests from S. 1792. A bill to designate the facility of Committee on Banking, Housing, and Urban exercising actual control over the economic, the United States Postal Service located at Affairs. competitive, safety, and security decisions of 205 West Washington Street in Knox, Indi- By Mr. HARKIN: United States airlines, and for other pur- ana, as the ‘‘Grant W. Green Post Office S. 2124. A bill to address the needs of indi- poses; to the Committee on Commerce, Building’’. viduals with disabilities in emergency plan- Science, and Transportation. S. 1820. A bill to designate the facility of ning requirements and relief efforts in the By Mr. MCCAIN (for himself and Mr. the United States Postal Service located at event of a major disaster, to increase the ac- KYL): S. 2136. A bill to provide funds to help es- 6110 East 51st Place in Tulsa, Oklahoma, as cessibility of replacement housing built with tablish the William H. Rehnquist Center on the ‘‘Dewey F. Bartlett Post Office’’. Federal funds following Hurricane Katrina Constitutional Structures and Judicial Inde- S. 2036. A bill to designate the facility of and other major disasters, and for other pur- pendence at the University of Arizona James the United States Postal Service located at poses; to the Committee on Homeland Secu- E. Rogers College of Law; to the Committee 320 High Street in Clinton, Massachusetts, as rity and Governmental Affairs. By Mr. OBAMA (for himself, Mr. on the Judiciary. the ‘‘Raymond J. Salmon Post Office’’. By Mr. DURBIN: BROWNBACK, Mr. DURBIN, and Mr. S. 2064. A bill to designate the facility of S. 2137. A bill to amend title XXI of the So- DEWINE): the United States Postal Service located at cial Security Act to make all uninsured chil- S. 2125. A bill to promote relief, security, 122 South Bill Street in Francesville, Indi- dren eligible for the State children’s health and democracy in the Democratic Republic ana, as the ‘‘Malcolm Melville ‘Mac’ Law- insurance program, to encourage States to of the Congo; to the Committee on Foreign rence Post Office’’. increase the number of children enrolled in Relations. S. 2089. A bill to designate the facility of the medicaid and State children’s health in- By Mrs. CLINTON (for herself, Mr. the United States Postal Service located at surance programs by simplifying the enroll- LIEBERMAN, and Mr. BAYH): 1271 North King Street in Honolulu, Oahu, ment and renewal procedures for those pro- S. 2126. A bill to limit the exposure of chil- Hawaii, as the ‘‘Hiram L. Fong Post Office grams, and for other purposes; to the Com- dren to violent video games; to the Com- Building’’. mittee on Finance. mittee on Commerce, Science, and Transpor- By Mr. FEINGOLD (for himself, Mr. f tation. CORZINE, Mr. LAUTENBERG, Mr. KEN- By Mr. ALLEN (for himself and Mr. EXECUTIVE REPORTS OF NEDY, Mr. DURBIN, Mr. KERRY, Mrs. WARNER): COMMITTEES BOXER, Mr. DODD, Ms. CANTWELL, Ms. S. 2127. A bill to redesignate the Mason MIKULSKI, Mr. OBAMA, and Ms. The following executive reports of Neck National Wildlife Refuge in the State STABENOW): of Virginia as the ‘‘Elizabeth Hartwell Mason committees were submitted: S. 2138. A bill to prohibit racial profiling; By Mr. GRASSLEY for the Committee on Neck National Wildlife Refuge’’; to the Com- to the Committee on the Judiciary. Finance. mittee on Environment and Public Works. By Mr. ROCKEFELLER (for himself *David Steele Bohigian, of Missouri, to be By Mr. MCCAIN (for himself and Mr. and Ms. SNOWE): an Assistant Secretary of Commerce. BURNS): S. 2139. A bill to amend the Internal Rev- *Antonio Fratto, of Pennsylvania, to be an S. 2128. A bill to provide greater trans- enue Code of 1986 to simplify the earned in- Assistant Secretary of the Treasury. parency with respect to lobbying activities, come tax credit eligibility requirements re- *David M. Spooner, of Virginia, to be an and for other purposes; to the Committee on garding filing status, presence of children, Assistant Secretary of Commerce. Homeland Security and Governmental Af- investment income, and work and immigrant *Richard T. Crowder, of Virginia, to be fairs. status; to the Committee on Finance. Chief Agricultural Negotiator, Office of the By Mr. CRAPO (for himself and Mr. By Mr. HATCH (for himself and Mr. United States Trade Representative, with CRAIG): BROWNBACK): the rank of Ambassador. S. 2129. A bill to authorize the Secretary of S. 2140. A bill to enhance protection of *Nomination was reported with recommendation the Interior to convey certain land and im- children from sexual exploitation by that it be confirmed subject to the nominee’s com- provements of the Gooding Division of the strengthening section 2257 of title 18, United mitment to respond to requests to appear and tes- Minidoka Project, Idaho; to the Committee States Code, requiring producers of sexually tify before any duly constituted committee of the on Energy and Natural Resources. Senate. explicit material to keep and permit inspec- By Mr. SCHUMER: tion of records regarding the age of per- f S. 2130. A bill to clarify the legal standard formers, and for other purposes; to the Com- needed to use cellular telephones as tracking mittee on the Judiciary. INTRODUCTION OF BILLS AND devices; to the Committee on the Judiciary. JOINT RESOLUTIONS By Mr. GRASSLEY (for himself, Mr. f The following bills and joint resolu- FEINGOLD, Mr. HARKIN, and Mr. SUBMISSION OF CONCURRENT AND tions were introduced, read the first HAGEL): SENATE RESOLUTIONS and second times by unanimous con- S. 2131. A bill to amend title 9, United States Code, to provide for greater fairness The following concurrent resolutions sent, and referred as indicated: in the arbitration process relating to live- and Senate resolutions were read, and By Mr. BAUCUS: stock and poultry contracts; to the Com- referred (or acted upon), as indicated: S. 2119. A bill to reauthorize the Tem- mittee on the Judiciary. By Mr. DOMENICI: porary Assistance for Needy Families block By Mr. CRAPO (for himself, Mr. BURNS, S. Res. 335. A resolution honoring members grant program through June 30, 2006, and for and Mr. CRAIG): of the radiation protection profession by des- other purposes; to the Committee on Fi- S. 2132. A bill to include Idaho and Mon- ignating the week of November 6 through nance. tana as affected areas for purposes of making November 12, 2005, as ‘‘National Radiation By Mr. KYL (for himself, Mr. REID, and claims under the Radiation Exposure Com- Protection Professionals Week’’; to the Com- Mrs. FEINSTEIN): pensation Act (42 U.S.C. 2210 note) based on mittee on the Judiciary. S. 2120. A bill to ensure regulatory equity exposure to atmospheric nuclear testing; to By Mr. SANTORUM (for himself, Mr. between and among all dairy farmers and the Committee on the Judiciary. BROWNBACK, Ms. MIKULSKI, Ms. handlers for sales of packaged fluid milk in By Mr. ROCKEFELLER: STABENOW, Mr. CHAMBLISS, Mr. NEL- federally regulated milk marketing areas S. 2133. A bill to amend the Robert T. Staf- SON of Florida, Mr. COLEMAN, Mr. and into certain non-federally regulated ford Disaster Relief and Emergency Assist- BOND, Mrs. DOLE, Mr. LAUTENBERG, milk marketing areas from federally regu- ance Act to include foreseeable catastrophic Mr. LIEBERMAN, Mr. SMITH, Mr. NEL- lated areas, and for other purposes; consid- events as major disasters, to permit States SON of Nebraska, Mr. DEWINE, Mr. ered and passed. affected by an event occurring elsewhere to VITTER, Mr. ISAKSON, Mr. TALENT, By Mr. SCHUMER (for himself, Mr. receive assistance, and for other purposes; to Mr. STEVENS, Mr. MARTINEZ, Mr. SARBANES, and Mr. DAYTON): the Committee on Homeland Security and VOINOVICH, Mr. ROCKEFELLER, and S. 2121. A bill to amend title 38, United Governmental Affairs. Mrs. FEINSTEIN): States Code, to provide housing loan benefits By Mr. SMITH: S. Res. 336. A resolution to condemn the for the purchase of residential cooperative S. 2134. A bill to strengthen existing pro- harmful, destructive and anti-Semitic state- apartment units; to the Committee on Vet- grams to assist manufacturing innovation ments of Mahmoud Ahmadinejad, the Presi- erans’ Affairs. and education, to expand outreach programs dent of Iran, and to demand an apology for

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.125 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13787

those statements of hate and animosity to- purposes; to the Committee on the Judici- S. 1060 wards all Jewish people of the world; to the ary. At the request of Mr. COLEMAN, the Committee on Foreign Relations. By Mr. SPECTER: name of the Senator from New Jersey By Mr. SANTORUM (for himself, Mr. S. Con. Res. 73. A concurrent resolution (Mr. LAUTENBERG) was added as a co- BROWNBACK, Ms. MIKULSKI, Ms. urging the President to issue a proclamation STABENOW, Mr. CHAMBLISS, Mr. NEL- for the observance of an American Jewish sponsor of S. 1060, a bill to amend the SON of Florida, Mr. COLEMAN, Mr. History Month; to the Committee on the Ju- Internal Revenue Code of 1986 to allow BOND, Mrs. DOLE, Mr. LAUTENBERG, diciary. a credit against income tax for the pur- Mr. LIEBERMAN, Mr. SMITH, Mr. NEL- f chase of hearing aids. SON of Nebraska, Mr. DEWINE, Mr. S. 1139 VITTER, Mr. ISAKSON, Mr. TALENT, ADDITIONAL COSPONSORS At the request of Mr. SANTORUM, the Mr. STEVENS, Mr. MARTINEZ, Mr. S. 146 VOINOVICH, Mr. ROCKEFELLER, Mrs. names of the Senator from Wisconsin At the request of Mr. INOUYE, the FEINSTEIN, and Mr. SALAZAR): (Mr. KOHL) and the Senator from New S. Res. 337. A resolution to condemn the name of the Senator from Michigan Jersey (Mr. LAUTENBERG) were added as harmful, destructive and anti-Semitic state- (Ms. STABENOW) was added as a cospon- cosponsors of S. 1139, a bill to amend ments of Mahmoud Ahmadinejad, the Presi- sor of S. 146, a bill to amend title 38, the Animal Welfare Act to strengthen dent of Iran, and to demand an apology for United States Code, to deem certain the ability of the Secretary of Agri- those statements of hate and animosity to- service in the organized military forces culture to regulate the pet industry. wards all Jewish people of the world; consid- of the Government of the Common- S. 1180 ered and agreed to. wealth of the Philippines and the Phil- By Mr. LAUTENBERG (for himself, At the request of Mr. OBAMA, the ippine Scouts to have been active serv- Mr. AKAKA, Mr. ALEXANDER, Mr. AL- name of the Senator from New York ice for purposes of benefits under pro- LARD, Mr. ALLEN, Mr. BAUCUS, Mr. (Mrs. CLINTON) was added as a cospon- grams administered by the Secretary BAYH, Mr. BENNETT, Mr. BIDEN, Mr. sor of S. 1180, a bill to amend title 38, BINGAMAN, Mr. BOND, Mrs. BOXER, of Veterans Affairs. United States Code, to reauthorize var- Mr. BROWNBACK, Mr. BUNNING, Mr. S. 431 BURNS, Mr. BURR, Mr. BYRD, Ms. ious programs servicing the needs of At the request of Mr. DEWINE, the homeless veterans for fiscal years 2007 CANTWELL, Mr. CARPER, Mr. CHAFEE, name of the Senator from Ohio (Mr. Mr. CHAMBLISS, Mrs. CLINTON, Mr. through 2011, and for other purposes. VOINOVICH) was added as a cosponsor of COBURN, Mr. COCHRAN, Mr. COLEMAN, S. 1902 Ms. COLLINS, Mr. CONRAD, Mr. S. 431, a bill to establish a program to At the request of Mr. LIEBERMAN, the CORNYN, Mr. CORZINE, Mr. CRAIG, Mr. award grants to improve and maintain name of the Senator from Indiana (Mr. CRAPO, Mr. DAYTON, Mr. DEMINT, Mr. sites honoring Presidents of the United DEWINE, Mr. DODD, Mrs. DOLE, Mr. States. BAYH) was added as a cosponsor of S. 1902, a bill to amend the Public Health DOMENICI, Mr. DORGAN, Mr. DURBIN, S. 503 Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, Service Act to authorize funding for At the request of Mr. BOND, the name Mrs. FEINSTEIN, Mr. FRIST, Mr. the establishment of a program on chil- of the Senator from Maine (Ms. COL- GRAHAM, Mr. GRASSLEY, Mr. GREGG, dren and the media within the Centers LINS) was added as a cosponsor of S. Mr. HAGEL, Mr. HARKIN, Mr. HATCH, for Disease Control and Prevention to 503, a bill to expand Parents as Teach- Mrs. HUTCHISON, Mr. INHOFE, Mr. study the role and impact of electronic INOUYE, Mr. ISAKSON, Mr. JEFFORDS, ers programs and other quality pro- media in the development of children. Mr. JOHNSON, Mr. KENNEDY, Mr. grams of early childhood home visita- KERRY, Mr. KOHL, Mr. KYL, Ms. tion, and for other purposes. S. 2008 LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. URRAY S. 682 At the request of Mrs. M , the LIEBERMAN, Mrs. LINCOLN, Mr. LOTT, name of the Senator from California Mr. LUGAR, Mr. MARTINEZ, Mr. At the request of Mr. BIDEN, his name was added as a cosponsor of S. 682, a (Mrs. FEINSTEIN) was added as a co- MCCAIN, Mr. MCCONNELL, Ms. MIKUL- sponsor of S. 2008, a bill to improve SKI, Ms. MURKOWSKI, Mrs. MURRAY, bill to authorize the establishment of a cargo security, and for other purposes. Mr. NELSON of Florida, Mr. NELSON of Social Investment and Economic De- Nebraska, Mr. OBAMA, Mr. PRYOR, velopment Fund for the Americas to S. 2012 Mr. REED, Mr. REID, Mr. ROBERTS, provide assistance to reduce poverty At the request of Mr. SMITH, his Mr. ROCKEFELLER, Mr. SALAZAR, Mr. and foster increased economic oppor- name was added as a cosponsor of S. SANTORUM, Mr. SARBANES, Mr. SCHU- tunity in the countries of the Western 2012, a bill to authorize appropriations MER, Mr. SESSIONS, Mr. SHELBY, Mr. to the Secretary of Commerce for the SMITH, Ms. SNOWE, Mr. SPECTER, Ms. Hemisphere, and for other purposes. Magnuson-Stevens Fishery Conserva- STABENOW, Mr. STEVENS, Mr. SUNUNU, S. 757 Mr. TALENT, Mr. THOMAS, Mr. THUNE, At the request of Mr. CHAFEE, the tion and Management Act for fiscal Mr. VITTER, Mr. VOINOVICH, Mr. WAR- name of the Senator from Montana years 2006 through 2012, and for other NER, and Mr. WYDEN): (Mr. BAUCUS) was added as a cosponsor purposes. S. Res. 338. A resolution honoring the of S. 757, a bill to amend the Public S. 2014 memory of the members of the Armed Forces of the United States who have given their Health Service Act to authorize the Di- At the request of Mr. DEWINE, the lives in service to the United States in Oper- rector of the National Institute of En- name of the Senator from Virginia (Mr. ation Iraqi Freedom and Operation Enduring vironmental Health Sciences to make WARNER) was added as a cosponsor of S. Freedom; considered and agreed to. grants for the development and oper- 2014, a bill to amend title 38, United By Mr. MCCAIN (for himself, Mr. ation of research centers regarding en- States Code, to expand and enhance BIDEN, Mr. LIEBERMAN, and Mr. DUR- vironmental factors that may be re- educational assistance for survivors BIN): and dependents of veterans. S. Res. 339. A resolution urging the Gov- lated to the etiology of breast cancer. ernment of the Russian Federation to with- S. 981 S. 2082 draw the first draft of the proposed legisla- At the request of Mr. DURBIN, the At the request of Mr. SUNUNU, the tion as passed in its first reading in the name of the Senator from Georgia (Mr. names of the Senator from Iowa (Mr. State Duma that would have the effect of se- ISAKSON) was added as a cosponsor of S. HARKIN), the Senator from Louisiana verely restricting the establishment, oper- 981, a bill to ensure that a Federal em- (Ms. LANDRIEU), the Senator from ations, and activities of domestic, international, and foreign nongovernmental orga- ployee who takes leave without pay in Rhode Island (Mr. REED), the Senator nizations in the Russian Federation, or to order to perform service as a member from South Dakota (Mr. JOHNSON), the modify the proposed legislation to entirely of the uniformed services or member of Senator from Arkansas (Mr. PRYOR), remove these restrictions; considered and the National Guard shall continue to the Senator from Connecticut (Mr. agreed to. receive pay in an amount which, when DODD), the Senator from Maryland (Ms. By Mr. INOUYE (for himself, Mr. COLE- taken together with the pay and allow- MIKULSKI), the Senator from Hawaii MAN, and Mr. KENNEDY): ances such individual is receiving for (Mr. AKAKA), the Senator from Ne- S. Con. Res. 72. A concurrent resolution requesting the President to issue a proclama- such service, will be no less than the braska (Mr. NELSON), the Senator from tion annually calling upon the people of the basic pay such individual would then Oregon (Mr. WYDEN), the Senator from United States to observe Global Family Day, be receiving if no interruption in em- Indiana (Mr. BAYH) and the Senator One Day of Peace and Sharing, and for other ployment had occurred. from Connecticut (Mr. LIEBERMAN)

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.128 S16DEPT1 S13788 CONGRESSIONAL RECORD — SENATE December 16, 2005 were added as cosponsors of S. 2082, a lies block grant program through June By Mr. OBAMA (for himself, Mr. bill to amend the USA PATRIOT Act 30, 2006, and for other purposes; to the BROWNBACK, Mr. DURBIN, and to extend the sunset of certain provi- Committee on Finance. Mr. DEWINE): sions of that Act and the lone wolf pro- Mr. BAUCUS. Mr. President, I am S. 2125. A bill to promote relief, secu- vision of the Intelligence Reform and here to introduce bill to provide a 6- rity, and democracy in the Democratic Terrorism Prevention Act of 2004 to month extension of the Nation’s large- Republic of the Congo; to the Com- March 31, 2006. ly successful welfare program. It is mittee on Foreign Relations. At the request of Mrs. MURRAY, her known as the Temporary Assistance Mr. OBAMA. Mr. President, I rise name was added as a cosponsor of S. for Needy Families Program, or TANF. today, on behalf of Senator 2082, supra. Congress enacted the TANF program BROWNBACK, Senator DURBIN, and Sen- At the request of Mr. LEAHY, the in 1996, to help welfare recipients gain ator DEWINE to introduce the Demo- names of the Senator from New Mexico work skills and to help low-income cratic Republic of the Congo Relief, Se- (Mr. BINGAMAN), the Senator from Wis- families become economically self-suf- curity and Democracy Promotion Act. consin (Mr. KOHL) and the Senator ficient. As we try to conclude our business from Delaware (Mr. CARPER) were Welfare reform has mostly succeeded. for the year here in the Senate, we are added as cosponsors of S. 2082, supra. States have adopted creative policies in the midst of sharp debates on a large S. 2083 to support low-income families making number of issues. In the foreign policy At the request of Mrs. CLINTON, the the transition from welfare to work. arena alone, the Administration and name of the Senator from Maryland Millions have moved to self-suffi- Congress are consumed with nurturing (Ms. MIKULSKI) was added as a cospon- ciency. a political process and defeating insur- sor of S. 2083, a bill to prohibit the As- But the TANF law expired in 2002. gents in Iraq, attempting to halt pro- sistant Secretary of Homeland Secu- And Congress has failed to reauthorize liferation by Iran and North Korea, and rity (Transportation Security Adminis- trying to end the bloodshed in Darfur, tration) from removing any item from it. Instead, Congress has extended TANF on a short-term basis, 12 times. Sudan. the current list of items prohibited But there is another country em- The latest short-term extension expires from being carried aboard a passenger broiled in conflict that has not yet re- in just over 2 weeks. aircraft. ceived the high-level attention or re- This bill is a simple extension of the S. 2109 sources it needs. It’s the Democratic current welfare program. It would pro- At the request of Mr. ENSIGN, the Republic of Congo, and right now it is vide stability for the States to operate names of the Senator from Nebraska in the midst of a humanitarian catas- their welfare programs. And it would (Mr. HAGEL) and the Senator from Col- trophe. continue our successful partnership orado (Mr. ALLARD) were added as co- An International Rescue Committee with the States in supporting needy sponsors of S. 2109, a bill to provide na- report from 2004 found that 31,000 peo- families as they move from welfare to tional innovation initiative. ple were dying in the Congo each work. S. 2113 month and 3.8 million—3.8 million— Earlier this week, the Senate voted At the request of Mr. DEMINT, the people had died in the previous 6 years. name of the Senator from Nevada (Mr. 64–27 to keep the welfare program out This means that this conflict, which of the budget cutting reconciliation ENSIGN) was added as a cosponsor of S. still smolders and burns in some re- 2113, a bill to promote the widespread bill that the House has passed. The gions, has cost more lives than any availability of communications serv- Senate voted instead to build on the bi- other conflict since World War II. ices and the integrity of communica- partisan Finance Committee bill that Beyond the humanitarian catas- tion facilities, and to encourage invest- Chairman GRASSLEY and I worked dili- trophe, resolving the problems in the ment in communication networks. gently on this year. That bill is called Congo will be critical if Africa is to the Personal Responsibility Individual S. 2118 achieve its promise. The country, Development for Everyone or PRIDE At the request of Mr. SUNUNU, the which is the size of Western Europe, names of the Senator from Colorado Act. The Finance Committee reported lies at the geographic heart of Africa it out in March with near unanimous (Mr. SALAZAR) and the Senator from and borders every major region across support. The PRIDE Act has been North Dakota (Mr. DORGAN) were added the continent. If left untended, Congo’s as cosponsors of S. 2118, a bill to amend awaiting full Senate consideration tragedy will continue to infect Africa— the USA PATRIOT Act to extend the since then. from North to South; from East to sunset of certain provisions of the Act Despite broad support in the Finance West. and the lone wolf provision of the In- Committee, the Senate has not taken I believe that the United States can telligence Reform and Terrorism Pre- this measure up for debate. Despite the make a profound difference in this cri- vention Act of 2004 to March 31, 2006 broad support of governors, the Senate sis. According to international aid and to combat methamphetamine has not taken this measure up for de- agencies, there are innumerable cost- abuse. bate. The Republican Governors Asso- effective interventions that could be ciation said that TANF reauthoriza- S. RES. 320 quickly undertaken—such as the provi- tion ‘‘is too important to leave to the At the request of Mr. ENSIGN, the sion of basic medical care, immuniza- names of the Senator from Massachu- limitations of the reconciliation proc- tion and clean water—that could save ess.’’ But the Senate has not taken this setts (Mr. KENNEDY), the Senator from thousands of lives. On the political measure up for debate. Colorado (Mr. SALAZAR) and the Sen- front, sustained U.S. leadership could ator from Michigan (Ms. STABENOW) This vote was a vote to debate this fill a perilous vacuum. were added as cosponsors of S. Res. 320, bill on the Senate floor. It was a vote The bill that we are introducing here a resolution calling the President to to build on the broadly-supported bill today is an important step on the long ensure that the foreign policy of the from the Finance Committee. We are road towards bringing peace and pros- United States reflects appropriate un- going to need some time to complete perity to the Congo. I am proud to be a derstanding and sensitivity concerning that debate. part of a collaborative, bipartisan ef- issues related to human rights, ethnic The 6-month extension that I offer fort with some of the Senate’s leading cleansing, and genocide documented in this afternoon will keep the welfare voices on Africa—Senators BROWNBACK, the United States record relating to program operating. The 6-month exten- DURBIN and DEWINE. the Armenian Genocide. sion will allow us the time to debate, This bill establishes 14 core prin- pass, and go to conference on a fully f ciples of U.S. policy across a range of considered PRIDE Act. issues; authorizes a 25 percent increase STATEMENTS ON INTRODUCED I urge my colleagues to do the re- in U.S. assistance for the Democratic BILLS AND JOINT RESOLUTIONS sponsible thing. I urge my colleagues Republic of the Congo; calls for a Spe- By Mr. BAUCUS: to support this extension. I urge my cial Envoy to resolve the situation in S. 2119. A bill to reauthorize the colleagues to keep this important safe- Eastern Congo; and urges the Adminis- Temporary Assistance for Needy Fami- ty net program operating. tration to use its voice and vote at the

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.129 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13789 United Nations Security Council to mocracy Promotion Act of 2005, and our ap- ents protect their children against vio- strengthen the U.N. peacekeeping force preciation of your efforts to ensure that the lent and sexual media. In rising, I that is providing security in parts of longstanding conflict in the region receives stand with the parents and children of the attention it demands. the Congo. As stated in the legislation, the conflict in New York and of the Nation, all of The legislation has been endorsed by the eastern Democratic Republic of the whom are being victimized by a culture a number of faith-based and humani- Congo touches every major region of the con- of violence. tarian nongovernmental organizations, tinent and is one of the deadliest since World As parents, we monitor the kind of including some with extensive field op- War II. Some 3.8 million people have lost people who interact with our children. erations in Congo: CARE, Catholic Re- their lives due to the conflict in the last six We attend parent night at school. We lief Services, Global Witness, Inter- years. meet our children’s teachers. We look national Crisis Group, International Despite these troubling statistics, the DRC over their textbooks to make sure they is not without hope. Landmark elections are Rescue Committee, and Oxfam Amer- planned for next year and, with strong sup- are installing our values and attitudes ica. I ask unanimous consent that port from the international community, in our children. We meet our children’s these letters of support be printed in they have the potential to help end the long- friends and their parents to make sure the RECORD. standing violence and put the country on the they are a positive source of influence. I want to stress something before path toward peace and stability. Your legis- If somebody is exposing our children closing. We are under no illusion that lation would ensure the active participation to material we find inappropriate, we enacting the policies in this bill would of the United States and authorizes critical remove our children from that person. be a panacea for Congo’s many ills. But funding to address humanitarian and devel- If you hired a babysitter who exposed the one thing we do know is that the opment needs, promote good governance and your children to violence and sexual rule of law, and help ensure transparent one way to ensure that a complex prob- management of natural resource revenues. material that you thought was inap- lem will not be resolved is to accept We look forward to continuing work with propriate, what would you do? If you the status quo. you and your staff on this important issue are like me, you would fire that baby- The other thing we know is that sta- and in particular, would like to note the ef- sitter and never invite him or her to tus quo in the Democratic Republic of fort Mr. Mark Lippert has made to reach out come back. Congo is unacceptable—unacceptable to our community and incorporate our rec- Yet our children spend more time to the women and children caught up ommendations. consuming media than doing anything in the crossfire, unacceptable to the ci- Sincerely, else but sleeping and attending school. CARE USA, vilians being felled by preventable dis- Global Witness, International Rescue Media culture is like having a stranger ease, unacceptable to a continent that Committee, Oxfam America. in your house, and it exerts a major in- is making great strides, and unaccept- fluence over your children. able to our country, the United States, INTERNATIONAL CRISIS GROUP, It is this attack on the sensibilities which has the financial and diplomatic Washington, DC, December 8, 2005. of our children that is the subject of resources to make a profound dif- Senator BARACK OBAMA, the bill I introduce today. It is a bill ference. U.S. Senate, Hart Senate Office Building, that I consider to be of tremendous im- I look forward to working with my Washington DC. portance to our families. DEAR SENATOR OBAMA: The International This bill would take an important colleagues and the administration to Crisis Group strongly supports the Demo- enacting this bill and working to pro- cratic Republic of Congo Relief, Security, step towards helping parents protect mote peace and prosperity in the and Democracy Promotion Act of 2005 and their children against influences they Congo. your efforts to raise the visibility of and de- often find to be inappropriate—violent There being no objection, the letters fine new policies to respond to this largely and sexually explicit video games. were ordered to be printed in the overlooked, longstanding, and deadly con- Quite simply, the bill would put teeth RECORD, as follows: flict. into the video game industry’s rating The conflict in the Democratic Republic of system, which specifies which video CATHOLIC RELIEF SERVICES, Congo has had far reaching regional con- Baltimore, MD, December 2, 2005. sequences and resulted in the loss of an esti- games are inappropriate for young peo- Hon. BARACK OBAMA, mated 4 million lives since 1998. The situa- ple under 17. By fining retailers who do U.S. Senate, Hart Senate Office Building, tion in the country, especially in the eastern not abide by the ratings system, this Washington, DC. region where armed groups continue to as- bill sends a message that the ratings DEAR SENATOR OBAMA: Catholic Relief sault local communities, remains most pre- system is to be taken seriously. Services would like to commend you for your carious and in need of urgent action. I know many of my colleagues, my- leadership in writing in ‘‘Democratic Repub- The country is now on the brink of land- lic of the Congo Relief, Security, and Democ- self included, don’t play video games mark elections scheduled for next year. Cri- and aren’t aware of exactly what is racy Promotion Act of 2005’’. We also want to sis Group has advocated comprehensive ac- sincerely thank you and your staff for giving tion to stop the suffering of the Congolese contained in these games. So, I hope us the opportunity to comment on an early people and ensure the success of the transi- you will listen as I describe a few draft of the bill and for incorporating some tion by June 2006. scenes so we know what is at issue here of our recommendations. Your legislation would ensure the active today. As an agency active on the ground in the participation of the United States in this ef- Consider the following scenario: You Democratic Republic of the Congo (DRC) for fort and help in promoting good governance have been captured by a demented many years, we support this legislation as a and justice. It would further authorize crit- vehicle for elevating the priority of the DRC film-maker who drops you into a gang- ical funding to address development needs infested slum. While the gangs think among lawmakers and policy makers. The and provide life-saving humanitarian assist- bill advances key U.S. policy objectives for ance to millions of conflict-affected civilians they are hunting you, they don’t know promoting peace, justice, democracy, and de- in the Democratic Republic of Congo. the real plot: that you are hunting velopment in the DRC, and also allocates Your leadership in introducing this legisla- them, while the director records each much-needed additional funds for the DRC. tion is greatly appreciated and we look for- act of murder on film. Since you are We look forward to working with you and ward to continue to work with you and your outnumbered and could easily be your staff to gain support for the bill and ad- staff on this important issue. mobbed, you cannot just jump in and vance its goals. Yours sincerely, fight everyone. Rather, you must be si- Sincerely, MARK L. SCHNEIDER, KEN HACKETT, Senior Vice President, International lent and patient, tracking your prey so President. Crisis Group. that you can strike from behind. You strangle a villain with a sharp wire, DECEMBER 9, 2005. By Mrs. CLINTON (for herself, and a finely rendered mist of blood Hon. BARACK OBAMA, Mr. LIEBERMAN, and Mr. BAYH): sprays from his severed carotid artery. Senate Hart Building, S. 2126. A bill to limit the exposure of ... Washington, DC. children to violent video games; to the This is just one scene from one game. DEAR SENATOR OBAMA: As representatives of humanitarian, civil society and conflict Committee on Commerce, Science, and It happens not to be a game that has prevention organizations, we are writing to Transportation. gotten a tremendous amount of atten- express our support for the Democratic Re- Mrs. CLINTON. Mr. President, I rise tion lately. Frankly, I don’t know if public of the Congo Relief, Security, and De- today to introduce a bill to help par- it’s one of the most popular games out

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.142 S16DEPT1 S13790 CONGRESSIONAL RECORD — SENATE December 16, 2005 there or not. But I do know, if my has lead to a universal agreement— effects, yet such visual depictions of pain daughter was still young, I wouldn’t among parents, advocates, policy- and suffering can actually inhibit aggressive want her playing it. makers, and the gaming industry—that behavior in viewers (National Television Vi- olence Study, 1996); and Here is another one: Carl Johnson some games are not suitable for chil- Whereas, comprehensive analysis of vio- long ago escaped the hardships of dren. What we are seeking to do today lent interactive video game research sug- street life in San Andreas. Now his is to ensure that that value judgment gests such exposure a.) increases aggressive mother is murdered, his old buddies are is meaningful. behavior, b.) increases aggressive thoughts, in trouble, and Carl must come home Much of the public concern about the c.) increases angry feelings, d.) decreases to clean up the mess—San Andreas exposure of children to M-rated games helpful behavior, and, e.) increases physio- style. That means spraying people with logical arousal (Anderson, C.A., 2002b; Ander- focuses on sexually explicit content. son, C.A., Carnagey, N. L., Flanagan, M., uzi bullets, blowing them up, or sniper Parents are rightly worried about this Benjamin, A. J., Eubanks, J., Valentine, J. shooting them from the top of build- content and we should come together C., 2004; Anderson, C.A., & Dill, K. E., 2000; ings. It also means killing police offi- to take steps to keep these games out Bushman, B.J., & Anderson, C.A., 2002; Gen- cers and visiting prostitutes. of the hands of our kids. But let’s not tile, D. A, Lynch, P. J., Linder, J. R., & No one doubts that this material is discount the awful effect of violence in Walsh, D. A., 2004); and inappropriate for children. The video the media because, frankly, the evi- Whereas, studies further suggest that game industry itself developed and im- sexualized violence in the media has been dence on this point is overwhelming linked to increases in violence towards plemented the ratings system that par- and deserves more of our attention. women, rape myth acceptance and anti- ents rely on today. They are respon- Consider the Joint Statement on the women attitudes. Research on interactive sible for developing the ‘‘M’’ for Ma- Impact of Entertainment Violence on video games suggests that the most popular ture or ‘‘AO’’ for Adults Only labels, Children from the Congressional Public video games contain aggressive and violent which signal to parents that the con- Health Summit in July of 2000. I quote: content; depict women and girls, men and tent is too violent and/or sexually ex- ‘‘Well over 1,000 studies—including re- boys, and minorities in exaggerated plicit for a child to play. stereotypical ways; and reward, glamorize ports from the Surgeon General’s of- and depict as humorous sexualized aggres- Unfortunately, enforcement has been fice, the National Institute of Mental sion against women, including assault, rape lax and minors can purchase Mature- Health, and numerous studies con- and murder (Dietz, T. L., 1998; Dill, K. E., & rated games with relative ease. A 2001 ducted by leading figures within our Dill, J. C., 2004; Dill, K. E., Gentile, D. A, study by the Federal Trade Commis- medical and public health organiza- Richter, W. A., & Dill, J.C., in press; Mulac, sion showed that 85 percent of unac- tions . . . point overwhelmingly to a A., Jansma, L. L., & Linz, D. G., 2002; Walsh, companied minors, ages 13 to 16, could causal connection between media vio- D., Gentile, D. A., VanOverbeke, M., & purchase games rated Mature. A study Chasco, E., 2002); and lence and aggressive behavior in some Whereas, the characteristics of violence in by the National Institute on Media and children,’’ states their report. interactive video games appear to have simi- the Family found that nearly half of The American Academy of Pediatrics lar detrimental effects as viewing television children, as young as age 9, succeed in stated, in a report entitled Media Expo- violence; however based upon learning the- buying Mature-rated games. And close sure Feeding Children’s Violent Acts, ory (Bandura, 1977; Berkowitz, 1993), the to a quarter of retailers did not under- ‘‘Playing violent video games is to an practice, repetition, and rewards for acts of stand the ratings system and half did adolescent’s violent behavior what violence may be more conducive to increas- not provide any training to their em- ing aggressive behavior among children and smoking tobacco is to lung cancer.’’ I youth than passively watching violence on ployees. ask to have printed in the RECORD a TV and in films (Carll, E. K., 1999a). With the This is a terrible problem that needs resolution adopted by the American development of more sophisticated inter- to be fixed. And this bill does just that. Psychological Association about the active media, such as virtual reality, the im- I want to be clear—this bill is not an effect of violence in video games and plications for violent content are of further attack on video games. Video games interactive media. concern, due to the intensification of more are a fun part of the lives of millions of There being no objection, the mate- realistic experiences, and may also be more conducive to increasing aggressive behavior Americans, young and old alike. They rial was ordered to be printed in the can teach coordination and strategy. than passively watching violence on TV and RECORD, as follows: in films (Calvert, S. L., Jordan, A. B., Cock- They can introduce children to com- RESOLUTION ON VIOLENCE IN VIDEO GAMES ing, R. R. (Ed.) 2002; Carll, E. K., 2003; puter technology. They can provide AND INTERACTIVE MEDIA Turkle, S., 2002); and practice in learning to problem solve Whereas, decades of social science research Whereas, studies further suggest that and they can help children hone their reveals the strong influence of televised vio- videogames influence the learning processes fine motor and spatial skills. lence on the aggressive behavior of children in many ways more than in passively observ- ing TV: a.) requiring identification of the This bill is also not an attack on free and youth (APA Task Force On Television participant with a violent character while and creative expression. Relying on the and Society; 1992 Surgeon General’s Sci- playing video games, b.) actively partici- entific Advisory Committee on Television growing body of scientific evidence pating increases learning, c.) rehearsing en- and Social Behavior, 1972); and that demonstrates a causal link be- tire behavioral sequences rather than only a Whereas, psychological research reveals tween exposure to these games and part of the sequence, facilitates learning, that the electronic media play an important antisocial behavior in our children, and d.) repetition increases learning (Ander- role in the development of attitude, emotion, son, C.A., 2002b; Anderson, C.A., Carnagey, N. this bill was carefully drafted to pass social behavior and intellectual functioning L., Flanagan, M., Benjamin, A. J., Eubanks, constitutional strict scrutiny. of children and youth (APA Task Force On Furthermore, nothing in this bill J., Valentine, J. C., 2004; Anderson, C.A. & Television and Society, 1992; Funk, J. B., et Dill, K. E., 2000); and limits the production or sale of these al. 2002; Singer, D. G. & Singer, J. L. 2005; Whereas the data dealing with media lit- games beyond current practice. If re- Singer, D. G. & Singer, J. L. 2001); and eracy curricula demonstrate that when chil- tailers are following the rules—estab- Whereas, there appears to be evidence that dren are taught how to view television criti- lished voluntarily by the video game exposure to violent media increases feelings cally, there is a reduction of TV viewing in industry—then this bill will have abso- of hostility, thoughts about aggression, sus- general, and a clearer understanding of the picions about the motives of others, and messages conveyed by the medium. Studies lutely no impact on them. demonstrates violence as a method to deal And this bill does not overlook or on media literacy demonstrate when chil- with potential conflict situations (Anderson, dren are taught how to view television criti- undervalue the critical role parents C.A., 2000; Anderson, C.A., Carnagey, N. L., cally, children can feel less frightened and play in protecting their children, and Flanagan, M., Benjamin, A. J., Eubanks, J., sad after discussions about the medium, can instilling in them, their own values. Valentine, J. C., 2004; Gentile, D. A., Lynch, learn to differentiate between fantasy and This bill is designed to buoy the efforts P. J., Linder, J. R., & Walsh, D. A., 2004; reality, and can identify less with aggressive of parents, who too often feel like they Huesmann, L. R., Moise, J., Podolski, C. P., characters. on TV, and better understand are fighting an uphill battle against & Eron, L. D., 2003; Singer, D. & Singer, J., commercial messages (Brown, 2001; Hobbs, R. 2001); and the violent and sexually explicit mes- & Frost, R., 2003; Hortin, J.A., 1982; Komaya, Whereas, perpetrators go unpunished in M., 2003; Rosenkoetter, L.J., Rosenkoetter, sages that are just a trip to the mall 73% of all violent scenes, and therefore teach S.E., Ozretich, R.A., & Acock, A.C., 2004; away. that violence is an effective means of resolv- Singer & Singer, 1998; Singer & Singer, 1994) The unfortunate truth is there is a ing conflict. Only 16% of all programs por- Therefore be it Resolved that APA advo- darkside to some video games, which trayed negative psychological or financial cate for the reduction of all violence in

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.145 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13791 videogames and interactive media marketed by 50 percent and physical aggression tually is seeking to influence Govern- to children and youth. by 40 percent among 3rd and 4th grade ment, the bill requires registrants to Be it further Resolved that APA publicize children. list as clients those entities that con- information about research relating to vio- Now, if you don’t find the scientists lence in video games and interactive media tribute $10,000 or more to a coalition or on children and youth in the Association’s compelling, consider a child named association. The bill expressly keeps publications and communications to the pub- Devon Thompson, who shot three po- intact, however, existing law governing lic. lice officers after being brought in the disclosure of the identities of mem- Be it further Resolved that APA encourage under suspicion of driving a stolen car. bers and donors to organizations des- academic, developmental, family, and media He grabbed one of the officer’s guns, ignated as 501(c) groups under the In- psychologists to teach media literacy that shot three men and then jumped into a ternal Revenue Code. meets high standards of effectiveness to chil- police car, a scene remarkably like one To address the problem of the revolv- dren, teachers, parents and caregivers to promote ability to critically evaluate inter- found in the game Grand Theft Auto. ing door between Government and the active media and make more informed When Thompson was apprehended he private sector, the bill lengthens the choices. said ‘‘Life is a video game. You’ve got period during which senior members of Be it further Resolved that APA advocate to die sometime.’’ the executive, Members of Congress, for funding to support basic and applied re- In the face of this mountain of sci- and senior congressional staff are research, including special attention to the entific and anecdotal evidence, the stricted from lobbying. role of social learning, sexism, negative de- same company that developed Grand The bill also modifies the provision piction of minorities, and gender on the ef- Theft Auto is coming out with a new in current law that exempts from the fects of violence in video games and inter- revolving door laws former employees active media on children, adolescents, and game called Bully. In Bully, the player young adults. is a student who beats up other stu- who go to work for Indian tribes by ap- Be it further Resolved that APA engage dents in school. plying these laws to those employees those responsible for developing violent Again, I am not here to argue that retained by tribes as outside lobbyists video games and interactive media in ad- these games shouldn’t be developed or and agents. dressing the issue that playing violent video made available. But, I am here to ask, To ensure compliance with congres- games may increase aggressive thoughts and can’t we as a society do better by our sional restrictions on accepting gifts, aggressive behaviors in children, youth, and kids? Can’t we give parents the tools to the bill requires registrants under the young adults and that these effects may be Lobbying Disclosure Act to report gifts greater than the well documented effects of make sure they know what may fall exposure to violent television and movies. into the hands of their children? worth $20 or more. I repeat that: The Be it further Resolved that APA rec- That is what this bill is all about and person who gives the gift is now re- ommend to the entertainment industry that I urge my colleagues to join me in sup- sponsible for reporting a gift of $20 or the depiction of the consequences of violent porting it. more. behavior be associated with negative social To accurately reflect the true value consequences. By Mr. MCCAIN (for himself and of benefits received, the bill also re- Be it further Resolved that APA (a) advo- Mr. BURNS): quires Members of Congress and staff cate for the development and dissemination S. 2128. A bill to provide greater of a content based rating system that accu- to pay the fair market value for travel rately reflects the content of video games transparency with respect to lobbying on private planes and the value of and interactive media, and (b) encourage the activities, and for other purposes; to sports and entertainment tickets and distribution and use of the rating system by the Committee on Homeland Security skyboxes at the cost of the highest the industry, the public, parents, caregivers and Governmental Affairs. priced ticket in the arena. The legisla- and educational organizations. Mr. MCCAIN. Mr. President, today I tion increases the penalty for violating Mrs. CLINTON. In June, a introduce legislation to provide greater the reporting requirements, and it con- groundbreaking study by researchers transparency into the process of influ- tains other provisions on enforcement at the University of Indiana School of encing our Government and ensure and oversight. Medicine, which was published in the greater accountability among public This bill is regrettably necessary. Journal of Clinical Psychology, con- officials. Over the past year and a half, the Com- cluded that adolescents exposed to high The legislation does a number of mittee on Indian affairs has unearthed levels of violent media were less able things. It provides for faster reporting a story of excess and abuse by former to control and to direct their thoughts and greater public access to reports lobbyists of a few Indian tribes. The and behavior, to stay focused on a filed by lobbyists and their employers story is alarming in its depth and task, to plan, to screen out distrac- under the Lobbying Disclosure Act of breadth of potential wrongdoing. It has tions, and to use experience to guide 1995. spanned across the United States, inhibitions. It requires greater disclosure of the sweeping up tribes throughout Indian A 2004 meta-analysis of over 35 re- activities of lobbyists, including for country. It has taken us from tribal search studies that included over 4,000 the first time grassroots lobbying reservations across America to luxury participants, found similar results. It firms. skyboxes in town, from a sham inter- concluded that playing violent video The bill also requires greater disclo- national think tank in Rehoboth games significantly increases aggres- sure from both lobbyists and Members Beach, DE, to a sniper workshop in sive behavior, physiological arousal and employees of Congress about travel Israel and beyond. It involves tens of and feelings of anger and hostility, and that is arranged or financed by a lob- millions of dollars that we know about significantly decreases pro-social help- byist or his client. and likely more that we do not. ing behavior. To understand more thoroughly the Much of what the committee learned And according to testimony by Craig actions lobbyists take to influence was extraordinary. Yet much of what Andersen before the Commerce Com- elected officials, the bill requires lob- we uncovered in the investigation was, mittee in 2000, violent video games bying firms, lobbyists, and their polit- unfortunately, the ordinary way of have been found to increase violent ad- ical action committees to disclose doing business in this town. olescent behavior by 13 to 22 percent. their campaign contributions to Fed- The bill I am introducing today seeks Eighty-six percent of African American eral candidates and officeholders, their to address business as usual in the Na- females in the games are victims of vi- political action committees and polit- tion’s Capital. How these lobbyists olence. And, the most common role for ical party committees. It further man- sought to influence policy and women in video games is prostitutes. dates disclosure of fundraisers hosted, opinionmakers is a case study in the Research also demonstrates the oppo- cohosted, or otherwise sponsored by ways lobbyists seek to curry favor with site—reducing exposure to violence re- these entities, and disclosure of con- legislators and their aides. For exam- duces aggressive behavior. A 2001 study tributions for other events involving ple, they sought to ingratiate them- by Stanford University School of Medi- legislative and executive branch offi- selves with public servants with tick- cine found that reducing TV and video cials. ets to plush skyboxes at the MCI Cen- violence consumption to under one To get behind anonymous coalitions ter, FedEx Field, and Camden Yards for hour per day reduces verbal aggression and associations and discover who ac- sports and entertainment events. They

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.147 S16DEPT1 S13792 CONGRESSIONAL RECORD — SENATE December 16, 2005 arranged extravagant getaways to ernment operates best in the dis- But, Mr. President—Mr. President— tropical islands, the famed golfing infecting light of the public eye. The when we have the behavior that we links of St. Andrews and elsewhere. approach on this bill is thus one of highlighted, what actually was brought They regularly treated people to meals greater disclosure of and transparency to our attention during our Indian Af- and drinks. Fundraisers and contribu- into the interactions of lobbyists with fairs Committee hearings, it is not be- tions abounded. The bill casts some our public officials. lievable: luxury sports boxes, a sham disinfectant on those practices by sim- The bill is intended to balance the international think tank in Rehoboth ply requiring greater disclosure. If right of the public to know with its Beach, a sniper workshop in Israel, the there is nothing inherently wrong with right to petition Government, the abil- list goes on and on. And, of course, the such activities, then there is no good ity of lobbyists to advocate their cli- way the Native Americans were treated reason to hide them from public scru- ents’ cause with a need for truthful was especially insulting. tiny. The American people deserve no public discourse, and the ability of Congress, according to the Constitu- less. Members to legislate with the impera- tion, has a special obligation in regard During its investigation, the com- tive that our Government must be free to Indian affairs. But I will tell you mittee also learned about unscrupulous from corrupting influences, both real what, I greatly fear that these prac- tactics employed to lobby Members and perceived. tices we have uncovered concerning and to shape public opinion. We found We must act now to ensure that the Native Americans are far more wide- a sham international think tank in Re- erosion we see today in the public’s spread than just lobbying efforts on be- hoboth Beach, DE, established in part confidence in Congress does not behalf of Native Americans—or exploi- to disguise the true identity of clients. come a collapse of confidence. That is tation of Native Americans is probably We saw phony Christian grassroots or- why I would hope my colleagues would the better description. ganizations consisting of a box of cell carefully examine this measure. I have I do not think there is any doubt that phones and a desk drawer. had conversations with numerous other one of the reasons the American people I submit that in the great market- Members of this body, and I hope that mistrust us is they think there is place of ideas we call public discourse, both Republican and Democrat can join wrongdoing, if not corruption, in this truth is a premium that we cannot sac- together on this issue. town. We have an obligation to fix this rifice. Through these practices, the lob- I noted in today’s—Friday, December system as well as we can, and I believe byists distorted the truth not only 16—Congress Daily, there is a little that one of the measures that needs to with false messages but also with fake chart in the corner, and it says: ‘‘2005 be taken is to have a lobbying trans- messengers. Congressional Approval Ratings.’’ I no- parency and accountability that can I hope by having for the first time tice a very interesting trend. On Feb- give us confidence. disclosure of grassroots activities in ruary 1 of this year, approximately 40- I note the presence of my friend from the financial interests beyond mis- some percent—about 44 percent—of the Connecticut on the floor whom I have leading front groups that such a fraud people approved, and about 43 percent had discussions with on this issue. I on Members and voters can be avoided. disapproved. Those numbers have have had them with my colleague, Sen- Many cast blame only on the lobbying changed somewhat dramatically to a ator FEINGOLD, and many others. I hope industry. But we should not forget that disapproval rating, in the last couple of we can, over the recess, think about we as Members owe it to the American days, of 64 percent, with a 26-percent this issue and be prepared to address it people to conduct ourselves in a way approval rating. I repeat: 64 percent as early as possible. We have a long that reinforces rather than diminishes disapprove, 26 percent approve. way to go to restore accountability, the public’s faith and confidence in Now, I am not sure that is divided up transparency, and the confidence of the Congress. between Democrats and Republicans. American people. The bill thus requires more accurate From my travels—and I have been Mr. President, I yield the floor. accounting of the benefits and privi- traveling a lot lately in the last few The PRESIDING OFFICER. The Sen- leges that sometimes come with public weeks around the country—I find that ator from Connecticut. office. Requiring lobbyists to disclose disapproval is nonpartisan in nature. I Mr. LIEBERMAN. Mr. President, I all gifts over $20 will cause not only think there are a number of reasons for thank the Chair. the lobbyist but also the recipient to that disapproval, and many of them I Mr. President, I came to the floor to more scrupulously adhere to existing will not chronicle here. But one of thank my friend from Arizona not just gift limits. Fair evaluation of tickets them is that there is a deep perception for the legislation he has just intro- to sporting and entertainment events that we do not act on the priorities of duced but for his characteristically and for air travel aboard private planes the American people, that special in- courageous investigation of the events is another way of giving real effect to terests set our agenda here rather than surrounding a particular lobbyist, Jack the gift rules of Congress. the people’s interest. Abramoff, and the way in which they I have read news reports that the De- Now, I do not pretend that a lobbying demonstrate the extent to which the partment of Justice is investigating reform bill will be the panacea for all system has gone out of control. job negotiations that some public offi- the ills that I think beset this Capitol The direct victims here, of course, cials may have had with lobbying firms of ours, but I do believe it is part of an are those whose money was essentially while still in Government, negotiations effort we all need to make—and seri- taken without cause, who were cheat- that may have compromised their job ously make—in order to try to turn ed. But the indirect, yet very real, vic- performance. I have long been con- these kinds of numbers around, not tims of these abuses are the Members cerned with the revolving door between only for our individual well-being but of Congress, and the extent to which public service and the private sector, for the well-being of the people of the there has been abuse of a classic and how that door is spun to personal gain, United States because it will be more very critical function of our Govern- and the corrupting influences that can difficult to act effectively if we do not ment—lobbying—the extent to which creep through that door into Govern- have at least a significant amount of there has been abuse of that role ment decisionmaking. To address the support from the people whom we pur- breaks the public trust in Congress problem, I am proposing to expand the port to represent. itself. cooling off period to 2 years for Mem- I would like to say another word Disclosures, investigations such as bers of Congress and senior staff and about lobbyists. Lobbying is an honor- Senator MCCAIN and his committee certain executive branch officials. And able profession. I have no problem with have been involved in, fearlessly, are to ensure a level playing field, I am it. I have no problem with people work- critically important, but these disclo- seeking to close a loophole that has ex- ing in order to bring the people’s inter- sures and revelations and abuses cry isted in Federal conflict-of-interest ests and agenda and priorities to the out to us now to take some legislative laws for those who represent Indian attention of Congress. Almost all of us action. I have not had the opportunity tribes. who I know of rely on their input on yet to review fully the provisions of Informed citizenry is essential to a various issues. Many supply us with the legislation Senator MCCAIN has in- thriving democracy. A democratic gov- policy papers, with data, et cetera. troduced. I look forward to doing that

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.079 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13793 over the recess. I hope that will put me $4,000. It takes a lot of time, and it the fundamentals, we can bring real re- in a position to join him as a sponsor of takes a lot of contacts, and it takes a form. this legislation. It would be an honor lot of commitment. So what you find is I supported McCain-Feingold. Sen- and a privilege to work with him on that as people of the Senate are run- ators MCCAIN and FEINGOLD talked this matter, as it has been to work on ning for reelection, for example, they about limiting soft money. That is the so many other matters. are spending more and more and more tip of the iceberg. It is insidious, the For today, I did not want this mo- time on the road raising money. They soft money that came into campaigns, ment to go by without thanking him are finding precious little time to dedi- but the real problem is the cost of cam- for coming forward with this legisla- cate to their constituents or to the paigns and the millions you have to tion. It makes the point we are due— work of Congress because they are out raise to pay for television. If we said perhaps, in fact, overdue—for a review raising huge sums of money. basically that in our country incum- of our lobbying and disclosure laws. That is part of the reality of the rela- bents and challengers will have access They need strengthening, and they tionship between Members of Congress to a certain amount of television to de- need strengthening because it is right and lobbyists. Many of these lobbyists liver their message at an affordable to do so and it is necessary to do so to also are fundraisers, so to have them rate, we would dramatically drop the restore the public trust in our Govern- on your side is to guarantee they will cost of campaigns, dramatically reduce ment. not only buy you diner, if that is what the need to fund raise, and dramati- Mr. President, I am privileged to you are looking for, but also help you cally reduce our dependence on the serve as the ranking member on the in this fundraising effort. I think real, sources of funds, whether they are gen- Homeland Security and Governmental ethical reform, which gets to the heart erous individuals, special interest Affairs Committee. In the normal of the issue, has to get to the issue of groups, or lobbyists. course of the Senate rules, I believe how we finance these campaigns. We have to get to the heart of the this legislation would be referred to Unless and until we bring campaigns issue. It isn’t an appetite for golfing in our committee, and there I look for- for election and reelection to the U.S. Scotland; it is an appetite for money ward, along with the chairman, Sen- Senate and the House of Representa- you need to run your campaign. ator COLLINS, to reviewing it. But in a tives to a level where they are afford- personal sense, I want to work with able for common people, I am afraid we By Mr. CRAPO (for himself and Senator MCCAIN and his staff and mine are going to continue to be enslaved by Mr. CRAIG): over the recess and hope that I can join the current system, which requires us S. 2129. A bill to authorize the Sec- him as a cosponsor of this legislation to raise so much money from so many retary of the Interior to convey certain after the first of the year. people. land and improvements of the Gooding I thank my friend, Senator DURBIN, I can recall when the Republican Division of the Minidoka Project, for yielding me these few moments. I leader TOM DELAY announced he was Idaho; to the Committee on Energy and yield the floor. starting something called the K Street Natural Resources. The PRESIDING OFFICER. The Sen- project. He was a House leader, and he Mr. CRAPO. Mr. President, I am ator from Illinois. said he was going to set out to make pleased to introduce a bill today to for- Mr. DURBIN. Mr. President, I join in sure that the lobbyists who came to see mally convey title a portion of the echoing the comments of the Senator him were all loyal Republicans, loyal American Falls Reservoir District from from Connecticut about what we just contributors. He didn’t want to see the Bureau of Reclamation to the Na- heard from the Senator from Arizona. Democratic lobbyists. He prevailed on tional Park Service. The Minidoka In- He has really touched an important major associations and organizations ternment National Monument Draft issue. There is no doubt in my mind not to hire anybody other than a Re- General Management Plan and Envi- there is a crisis in confidence in terms publican who had met with his ap- ronment Impact Statement proposes of the integrity of Congress. Unless and proval. the transfer of these two publicly until we deal with that directly, little For those of us who have been around owned parcels of land, which are both else we might do will be noticed or be- this Hill for a while, it was pretty clear within and adjacent to the existing 73- lieved. I believe he is on the right what he was creating. He was creating acre NPS boundary, and have been track. a very generous network of people, who identified as important for inclusion as But I would suggest to him there is would lobby him on legislation, whom part of the monument. The sites were something more to the story. It is not he would possibly reward and then find both within the original 33,000-acre just a question of lobbyists larding their support in his campaign. It had Minidoka Relocation Center that was Members of Congress with gifts, trips built into it some very perilous oppor- operated by the War Relocation Au- to Scotland for golf outings or lavish tunities. I won’t talk about his situa- thority, where approximately 13,500 meals or whatever it happens to be. tion in Texas. Let that be decided in Japanese and Japanese Americans were There is more to the story, and it real- Texas. But unless and until we get to held from 1942 through 1945. ly goes to the heart of the issue about the heart of the issue, the financing of The smaller 2.31-acre parcel is lo- how we get to Congress and how we get campaigns, I am afraid we are not cated in the center of the monument in to the Senate. going to be able to deal forthrightly the old warehouse area and includes It is no longer ‘‘Mr. Smith Goes to with the charges of corruption against three historical buildings and other im- Washington,’’ if it ever was. It is no Congress. portant cultural features. The Draft longer a matter of putting your can- Let me add why campaigns cost so General Management Plan proposes to didacy before the people of the State much money. Certainly in Illinois and use this site for visitor services, includ- and asking that they consider you and most other States, it is all about tele- ing a Visitor Contact Station within an wait for the consequence. It is a money vision. It is all about millions of dol- original warehouse to greet visitors chase. It is a huge money chase. And lars which I have to raise to then give and provide orientation for the monu- unless you happen to be one of the for- to television stations in my State. It ment. The other, a 7.87-acre parcel, is tunate few and independently wealthy, troubles me because what those tele- on the east end of the monument and you have to spend an awful lot of time vision stations are selling to me is was undeveloped during WWII. The chasing it, an awful lot of time raising something I own, something all Ameri- NPS proposes to use this area for spe- money. cans own—the airwaves. So we are pay- cial events and to provide a site for the If you come from a State, as I do, ing premium dollars to television sta- development of a memorial for the like Illinois, you know an ordinary tions to run our ads for election and re- Issei, first-generation Japanese immi- Senate campaign in my State is going election. We are raising millions of dol- grants. These two publicly-owned prop- to cost anywhere from $5 million to $20 lars to make sure that we transfer this erties are critical for long-term devel- million to $40 million. Now, imagine, if money as if it were a trust fund from opment, visitor services, and protec- you will, for a moment that you had to our contributors directly to TV station and preservation of historical raise that sum of money, and the larg- tions. It is about time we change the structures and features at Minidoka In- est contribution was in the range of fundamentals in America. In changing ternment National Monument.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.081 S16DEPT1 S13794 CONGRESSIONAL RECORD — SENATE December 16, 2005 I would like to add that this legisla- atory of that Act (43 U.S.C. 371 et seq.)) to vide to the District a grant in the amount of tion was developed with and is strongly project water provided to the District. $52,996, in accordance with the terms of the supported by both the agencies in- SEC. 6. REVOCATION OF WITHDRAWALS. Agreement. (a) IN GENERAL.—The portions of the Secre- volved and the local communities. I By Mr. GRASSLEY (for himself, ask my colleagues to join me in enact- tarial Orders dated March 18, 1908, October 7, Mr. FEINGOLD, Mr. HARKIN, and ing this small land transfer that we 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, Mr. HAGEL): might move a step closer toward prop- withdrawing the approximately 6,900 acres S. 2131. A bill to amend title 9, erly memorializing an important, but described in Appendix E of the Agreement United Stares Code, to provide for often forgotten, chapter of our Nation’s for the purpose of the Gooding Division of greater fairness in the arbitration history. the Minidoka Project, are revoked. process relating to livestock and poul- I ask unanimous consent that the (b) MANAGEMENT OF WITHDRAWN LAND.— try contracts; to the Committee on the text of the bill be printed in the The Secretary, acting through the Director Judiciary. RECORD. of the Bureau of Land Management, shall Mr. GRASSLEY. Mr. President, I rise There being no objection, the bill was manage the withdrawn land described in subsection (a) subject to valid existing rights. to re-introduce the Fair Contracts for ordered to be printed in the RECORD, as Growers Act of 2005. This bill would follows: SEC. 7. LIABILITY. (a) IN GENERAL.—Subject to subsection (b), simply give farmers a choice of venues S. 2129 upon completion of a conveyance under sec- to resolve disputes associated with ag- Be it enacted by the Senate and House of Rep- tion 3, the United States shall not be liable ricultural contracts. This legislation resentatives of the United States of America in for damages of any kind for any injury aris- would not prohibit arbitration. In- Congress assembled, ing out of an act, omission, or occurrence re- stead, it would ensure that the decision SECTION 1. SHORT TITLE. lating to the land (including any improve- to arbitrate is truly voluntary and that This Act may be cited as the ‘‘American ments to the land) conveyed under the con- the rights and remedies provided for by Falls Reservoir District Number 2 Convey- veyance. our judicial system are not waived ance Act’’. (b) EXCEPTION.—Subsection (a) shall not under coercion. SEC. 2. DEFINITIONS. apply to liability for damages resulting from an injury caused by any act of negligence I certainly recognize that arbitration In this Act: has tremendous benefits. It can often (1) AGREEMENT.—The term ‘‘Agreement’’ committed by the United States (or by any means Agreement No. 5-07-10-L1688 between officer, employee, or agent of the United be less costly than other dispute settle- the United States and the District, entitled States) before the date of completion of the ment means. It can also remove some ‘‘Agreement Between the United States and conveyance. of the workload from our Nation’s the American Falls Reservoir District No. 2 (c) FEDERAL TORT CLAIMS ACT.—Nothing in overburdened court system. For these to Transfer Title to the Federally Owned this section increases the liability of the reasons, arbitration must be an op- Milner-Gooding Canal and Certain Property United States beyond that provided in chap- tion—but it should not be a coerced op- Rights, Title and Interest to the American ter 171 of title 28, United States Code. tion. Falls Reservoir District No. 2’’. SEC. 8. FUTURE BENEFITS. Mandatory arbitration clauses are (2) DISTRICT.—The term ‘‘District’’ means (a) RESPONSIBILITY OF THE DISTRICT.—After used in a growing number of agricul- the American Falls Reservoir District No. 2, completion of the conveyance of land and located in Jerome, Lincoln, and Gooding improvements to the District under section tural contracts between individual Counties, Idaho. 3(a)(1), and consistent with the Agreement, farmers and processors. These provi- (3) SECRETARY.—The term ‘‘Secretary’’ the District shall assume responsibility for sions limit a farmer’s ability to resolve means the Secretary of the Interior. all duties and costs associated with the oper- a dispute with the company, even when SEC. 3. AUTHORITY TO CONVEY TITLE. ation, replacement, maintenance, enhance- a violation of Federal or State law is (a) IN GENERAL.—In accordance with all ap- ment, and betterment of the transferred land suspected. Rather than having the op- plicable law and the terms and conditions set (including any improvements to the land). tion to pursue a claim in court, dis- forth in the Agreement, the Secretary may (b) ELIGIBILITY FOR FEDERAL FUNDING.— putes are required to go through an ar- convey— (1) IN GENERAL.—Except as provided in paragraph (2), the District shall not be eligi- bitration process that puts the farmer (1) to the District all right, title, and inter- at a severe disadvantage. Such disputes est in and to the land and improvements de- ble to receive Federal funding to assist in scribed in Appendix A of the Agreement, sub- any activity described in subsection (a) re- often involve instances of discrimina- ject to valid existing rights; lating to land and improvements transferred tion, fraud, or negligent misrepresenta- (2) to the city of Gooding, located in under section 3(a)(1). tion. The effect of these violations for Gooding County, Idaho, all right, title, and (2) EXCEPTION.—Paragraph (1) shall not the individual farmer can be bank- interest in and to the 5.0 acres of land and apply to any funding that would be available ruptcy and financial ruin, and manda- improvements described in Appendix D of the to a similarly situated nonreclamation dis- tory arbitration clauses make it impos- trict, as determined by the Secretary. Agreement; and sible for farmers to seek redress in (3) to the Idaho Department of Fish and SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT. court. Game all right, title, and interest in and to Before completing any conveyance under When a farmer chooses arbitration, the 39.72 acres of land and improvements de- this Act, the Secretary shall complete all ac- scribed in Appendix D of the Agreement. tions required under— the farmer is waving rights to access to (b) COMPLIANCE WITH AGREEMENT.—All par- (1) the National Environmental Policy Act the courts and the constitutional right ties to the conveyance under subsection (a) of 1969 (42 U.S.C. 4321 et seq.); to a jury trial. Certain standardized shall comply with the terms and conditions (2) the Endangered Species Act of 1973 (16 court rules are also waived, such as the of the Agreement, to the extent consistent U.S.C. 1531 et seq.); right to discovery. This is important with this Act. (3) the National Historic Preservation Act because the farmer must prove his SEC. 4. TRANSFER. (16 U.S.C. 470 et seq.); and case, the company has the relevant in- As soon as practicable after the date of en- (4) all other applicable laws (including reg- formation, and the farmer can not pre- ulations). actment of this Act, the Secretary shall di- vail unless he can compel disclosure of rect the Director of the National Park Serv- SEC. 10. PAYMENT. ice to include in and manage as a part of the relevant information. (a) FAIR MARKET VALUE REQUIREMENT.—As Examples of farmers’ concerns that Minidoka Internment National Monument a condition of the conveyance under section the 10.18 acres of land and improvements de- 3(a)(1), the District shall pay the fair market have gone unaddressed due to limita- scribed in Appendix D of the Agreement. value for the withdrawn lands to be acquired tions on dispute resolution options in- SEC. 5. COMPLIANCE WITH OTHER LAWS. by them, in accordance with the terms of the clude; mis-weighed animals, bad feed (a) IN GENERAL.—On conveyance of the Agreement. cases, wrongful termination of con- land and improvements under section 3(a)(1), (b) GRANT FOR BUILDING REPLACEMENT.—As tracts, diseased swine or birds provided the District shall comply with all applicable soon as practicable after the date of enact- by the company, fraud and misrepre- Federal, State, and local laws (including reg- ment of this Act, and in full satisfaction of sentation to induce a grower to enter a ulations) in the operation of each facility the Federal obligation to the District for the contract, and retaliation by companies transferred. replacement of the structure in existence on against farmers who join producer as- (b) APPLICABLE AUTHORITY.—Nothing in that date of enactment that is to be trans- this Act modifies or otherwise affects the ap- ferred to the National Park Service for in- sociations. plicability of Federal reclamation law (the clusion in the Minidoka Internment National During consideration of the Farm Act of June 17, 1902 (32 Stat. 388, chapter Monument, the Secretary, acting through Bill, the Senate passed, by a vote of 64– 1093), and Acts supplemental to and amend- the Commission of Reclamation, shall pro- 31, the Feingold-Grassley amendment

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.150 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13795 to give farmers a choice of venues to they become the victim of fraudulent or abu- pute than going to court. Yet for the farmer, resolve disputes associated with agri- sive trade practices. the opposite is usually true. The high cost of cultural contracts. Because basic legal processes such as dis- arbitration is often a significant barrier to covery are waived in arbitration, it becomes I have some letters supporting this most farmers. The up-front filing fees and ar- very difficult for a farmer or grower to prove bitrator fees can exceed the magnitude of the legislation and ask unanimous consent their case. In these cases, the company has dispute itself, with farmers being required to that they be printed in the RECORD. control over the information needed for pay fees in the thousands of dollars just to I also ask unanimous consent that growers to argue their case. In a civil court start the arbitration process. the text of bill be printed in the case, this evidence would be available to a Arbitration can be a valid and effective RECORD. grower’s attorney through discovery. In an method of dispute resolution when agreed to There being no objection, the mate- arbitration proceeding, the company is not voluntarily through negotiation by two par- rial was ordered to be printed in the required to provide access to this informa- ties of similar power, but when used by a tion, thus placing the farmer/grower at an RECORD, as follows: dominant party to limit the legal recourse of extreme disadvantage. Other standard legal a weaker party in a non-negotiable contract, ORGANIZATION FOR COMPETITIVE rights that are waived through arbitration it becomes an abusive weapon. MARKETS, are access to mediation and appeal, as well The Center for Rural Affairs believes this Lincoln, NE, November 15, 2005. as the right to an explanation of the deci- is important because of the number of small Re: Fair Contracts for Growers Act. sion. and mid-size farms that enter into contract Hon. CHARLES GRASSLEY, Many assume that arbitration is a less livestock production. Small and mid-size U.S. Senate, costly way of resolving dispute than going to farms that don’t have the capital to invest in Washington, DC. court, but for the producer, the opposite is starting their own livestock operations often SENATOR GRASSLEY: usually true. The high cost of arbitration is look to contract production as mechanism 1. The Organization for Competitive Mar- often a significant barrier to most farmers. for diversifying their farming operations as kets would like to express its support for The up-front filing fees and arbitrator fees well as their cash flow. However, when these your Fair Contracts for Growers Act. Arbi- can exceed the magnitude of the dispute farmers and ranchers are not allowed equal tration has a role in dispute resolution in itself, with farmers being required to pay legal protection, their entire farming oper- the livestock industry, and in other eco- fees in the thousands of dollars just to start ations lay at risk. nomic sectors. It should not be an abuse the arbitration process. Moreover, farmers who enter into con- tool. Your bill will remedy this. Arbitration can be a valid and effective tracts with meatpackers and large, corporate 2. The U.S. Constitution, Amendment 7 method of dispute resolution when agreed to livestock producers will never have the says this: ‘‘. . . the right of trial by jury voluntarily through negotiation by two par- power or negotiating position that those shall be preserved . . .’’. The law says citi- ties of similar power, but when used by a companies will enjoy in virtually every con- zens can waive this right, but the law also dominant party to limit the legal recourse of tract dispute. Producers often lack the fi- a weaker party in a non-negotiable contract, says waivers should be knowing and vol- nancial and legal resources to challenge it becomes an abusive weapon. Independent untary. vertical integrators when their rights are family farmers all over the U.S. will benefit 3. It is a fact integrators and packers have violated. A legal agreement between smaller from a law that stops the abuse of arbitra- more information and sophistication, and farm operations and integrators should, tion clauses in livestock and poultry con- more power, when contracting with pro- therefore, provide at least as much legal pro- tracts. ducers. Producers rely on integrator/packer tection for producers as it does for the inte- Sincerely, representations when making business deci- grator. sions including contract signing or rejection. CHRIS PETERSEN, Although the impetus behind this legisla- Mandatory arbitration clauses are not ex- President. tion emanates from the poultry industry, the plained or negotiated, but merely included in rights of farmers who raise hogs and other CENTER FOR RURAL AFFAIRS, boilerplate language. livestock under contract are also threatened. Lyons, NE. 4. Producers are unable to knowingly and And the increased use of production con- voluntarily waive their right to a court-re- DEAR SENATOR GRASSLEY: I am writing on behalf of the Center for Rural Affairs to ex- tracts in these sectors has made this issue solved future dispute. This is true because that much more important to farmers in the they cannot anticipate the type of possible press our strong support for the Fair Con- tacts for Growers Act, and to thank you for Midwest and Great Plains as well. disputes which may arise. The American Thank you for your leadership in recog- your leadership in introducing this legisla- Medical Assn, American Arbitration Assn, nizing these concerns, and your willingness tion. and American Bar Assn have agreed with The Fair Contracts for Growers Act is very to introduce commonsense legislation to this principal in the context of consumer timely. With the rapid rise of vertically inte- stop the abuse of arbitration clauses in the health care contracts. grated methods of agricultural production, livestock and poultry contracts. 5. Producers must be provided real, not il- farmers are increasingly producing agricul- Sincerely, lusory, choice. Your bill leaves producers tural products under contract with large TRACI BRUCKNER, free to agree to arbitration once a dispute processors. Under these contracts, it is com- Associate Director, Rural Policy Program. arises, but prohibits this forced ‘‘choice’’ be- mon for farmers and growers to be forced to fore. Thank you for your efforts for U.S. live- sign mandatory arbitration clauses, as part SUSTAINABLE AGRICULTURE stock and poultry producers. of a take-it-or-leave-it, non-negotiable con- COALITION, Respectfully, tract with a large, vertically integrated Washington, DC, November 17, 2005. KEITH MUDD, processing firm. In doing so, the farmer is Senator CHUCK GRASSLEY, President. forced to give up their basic constitutional Hart Senate Office Building, right to a jury trial, and instead must accept Washington, DC. IOWA FARMERS UNION, an alternative dispute resolution forum that DEAR SENATOR GRASSLEY: I am writing on Ames, IA. severely limits their rights and is often pro- behalf of the Sustainable Agriculture Coali- Hon. CHARLES GRASSLEY, hibitively expensive. These clauses are tion in support of the Fair Contract for U.S. Senate, signed before any dispute arises, leaving Growers Act and to thank you for your lead- Washington, DC. farmers little if any ability to seek justice if ership in introducing this legislation. DEAR SENATOR GRASSLEY: I am writing on they become the victim of fraudulent or abu- The Fair Contracts for Growers Act is nec- behalf of Iowa Farmers Union, Women, Food sive trade practices. essary to help level the playing field for our and Agriculture Network (WFAN) and the Because basic legal processes such as dis- farmers and ranchers who enter into produc- Iowa Chapter of National Farmers Organiza- covery are waived in arbitration, it becomes tion contracts with packers and processors. tion to express our strong support for the very difficult for a farmer or grower to prove The rapid rise of vertically integrated pro- Fair Contracts for Growers Act, and to their case. In these cases, the company has duction chains, combined with the high de- thank you for your leadership in introducing control of the information needed for a grow- gree of concentration of poultry processors this legislation. er to argue their case. In a civil court case, and meatpackers, leave farmers and ranchers Contract livestock and poultry producers this evidence would be available to a grow- in many regions of the country with few are being forced to sign mandatory arbitra- ers’ attorney through discovery. In an arbi- choices, or only a single choice, of buyers for tion clauses, as part of a take-it-or-leave-it, tration proceeding, the company is not re- their production. Increasingly, farmers and non-negotiable contract with large, quired to provide access to this information, ranchers are confronted with ‘‘take-it-or- vertically integrated processing firms. These thus placing the farmer/grower at an ex- leave-it,’’ non-negotiable contracts, written producers forfeit their basic constitutional treme disadvantage. Other standard legal by the company. These contracts require right to a jury trial, and instead must accept rights that are waived through arbitration that farmers and ranchers give up the basic an alternative dispute resolution forum that are access to mediation and appeal, as well constitutional right of access to the courts severely limits their rights and is often pro- as the right to an explanation of the deci- and sign mandatory arbitration clauses if hibitively expensive. These clauses are sion. they want access to a market for their prod- signed before any dispute arises, leaving In addition, it is often assumed that arbi- ucts. These clauses are signed before any dis- farmers little if any ability to seek justice if tration is a less costly way of resolving dispute arises, leaving the producers little, if

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.159 S16DEPT1 S13796 CONGRESSIONAL RECORD — SENATE December 16, 2005 any, ability to seek justice if they become and Farm Association, Organic Farming Re- pute than going to court. Yet for the farmer, the victim of fraudulent or abusive trade search Foundation, and the Sierra Club Agri- the opposite is usually true. The high cost of practices. culture Committee. Our member organiza- arbitration is often a significant barrier to Arbitration can be a valid and effective tions included thousands of farmers and most farmers. The up-front filing fees and ar- method of dispute resolution when agreed to ranchers with small and mid-size operations, bitrator fees can exceed the magnitude of the voluntarily through negotiation by two par- a number of whom have entered into agricul- dispute itself, with farmers being required to ties of similar power, but when used by a tural production contracts or are considering pay fees in the thousands of dollars just to dominant party to limit the legal recourse of whether to sign these contracts. As individ- start the arbitration process. a weaker party in a non-negotiable contract, uals, these farmers and ranchers do not have Arbitration can be a valid and effective it becomes an abusive weapon. Many basic the financial power or negotiating position method of dispute resolution when agreed to legal processes are not available to farmers that companies enjoy in virtually every con- voluntarily through negotiation by two par- and ranchers in arbitration. In most agricul- tract dispute. We agree with Senator Grass- ties of similar power, but when used by a tural production contract disputes, the comley that, in the face of such unequal bar- dominant party to limit the legal recourse of pany has control of the information needed gaining power, the Fair Contract for Growers a weaker party in a non-negotiable contract, for a grower to argue a case. In a civil court Act is a modest and appropriate step which it becomes an abusive weapon. case, this evidence would be available to the allows growers the choice of entering into Thank you for your leadership in recog- grower’s attorney through discovery. In an arbitration or mediation or choosing to exer- nizing these concerns, and your willingness arbitration proceeding, however, the com- cise their basic legal right of access to the to introduce common sense legislation to pany is not required to provide access to this courts. stop the abuse of arbitration clauses in the information, thus placing the grower at an Thank you for your leadership in recog- livestock and poultry contracts. extreme disadvantage. In addition, in most nizing these concerns, and your willingness Sincerely, to introduce commonsense legislation to arbitration proceedings, a decision is issued GEORGE NAYLOR, without an opinion providing an explanation stop the abuse of mandatory arbitration President, clauses in livestock and poultry contracts. of the principles and standards or even the National Family Farm Coalition. facts considered in reaching the decision. Sincerely, MARTHA L. NOBLE, The arbitration proceeding is private, closed CAMPAIGN FOR CONTRACT Senior Policy Associate, to effective pubic safeguards, and the arbi- AGRICULTURE REFORM, tration decisions are often confidential and Sustainable Agriculture Coalition. November 18, 2005. rarely subject to public oversight or judicial Hon. CHARLES GRASSLEY, NATIONAL FAMILY FARM COALITION, review. U.S. Senate, Washington, DC, November 17, 2005. Moreover, there is a growing perception Washington, DC. Senator CHARLES GRASSLEY, that the arbitration system is biased to- DEAR SENATOR GRASSLEY: On behalf of the wards the companies. This private system is Hart Building, Campaign for Contract Agriculture Reform, I basically supported financially by the com- Washington, DC. would like to thank you for your leadership DEAR SENATOR GRASSLEY. I am writing as panies which are involved repeatedly in arbi- in introducing the Fair Contracts for Grow- president of the National Family Farm Coa- tration cases. The companies also know the ers Act. lition to express our strong support for the history of previous arbitrations, including With the rapid rise of vertically integrated Fair Contracts for Growers Act, and to which arbitrators repeatedly decide in the methods of agricultural production, farmers thank you for your leadership in introducing companies’ favor. This arbitration history is are increasingly producing agricultural prod- this legislation. As you know, the National rarely available to a farmer or rancher in- ucts under contract with large processors. In Family Farm Coalition provides a voice for volved in a single arbitration proceeding. many cases, particularly in the livestock and grassroots groups on farm, food, trade and Arbitration is often assumed to be a less poultry sector, the farmer never actually rural economic issues to ensure fair prices costly way of resolving disputes than litiga- owns the product they produce, but instead for family farmers, safe and healthy food, tion. But this assumption must be tested in makes large capital investments on their and vibrant, environmentally sound rural light of the relative resources of the parties. own land to build the facilities necessary to For most farmers and ranchers, arbitration communities here and around the world. Our organization is committed to promoting food raise animals for an ‘‘integrator.’’ is a significant expense in relation to their Under such contract arrangements, farm- sovereignty, which is stymied by current income. One immediate financial barrier is ers and growers are often given take-it-or- practices that give farmers unfair and unjust filing fees and case service fees, which in ar- leave-it, non-negotiable contracts, with lan- difficulties when they wish to arbitrate a bitration are usually divided between the guage drafted by the integrator in a manner parties. A few thousand dollars out of pocket contract dispute. Therefore, the Fair Contracts for Growers designed to maximize the company’s profits is a miniscule expense for a well-heeled com- Act is very timely. With the rapid rise of and shift risk to the grower. In many cases, pany but can be an insurmountable barrier vertically integrated methods of agricultural the farmer has little choice but to sign the for a farmer with a modest income, espe- production, farmers are increasingly pro- contract presented to them, or accept bank- cially when the farmer is conflict with the ducing agricultural products under contract ruptcy. The legal term for such contracts is farmer’s chief source of income. This signifi- with large processors. Under these contracts, ‘‘contract of adhesion.’’ As contracts of ad- cant cost barrier, when coupled with the dis- it is common for farmers and growers to be hesion become more commonplace in agri- advantages of the arbitration process, can ef- forced to sign mandatory arbitration culture, the abuses that often characterize fectively deny farmers a remedy in contract clauses, as part of a take-it-or-leave-it, non- such contracts are also becoming more com- dispute cases with merit. negotiable contract with a large, vertically monplace and more egregious. The Sustainable Agriculture Coalition rep- integrated processing firm. In doing so, the One practice that has become common in resents family farm, rural development, and farmer is forced to give up their basic con- livestock and poultry production contracts conservation and environmental organiza- stitutional right to a jury trial, and instead is the use of mandatory arbitration clauses, tions that share a commitment to federal must accept an alternative dispute resolu- where growers are forced to sign away their policy reform to promote sustainable agri- tion forum that severely limits their rights constitutional rights to jury trial upon sign- culture and rural development. Coalition and is often prohibitively expensive. These ing a contract with an integrator, and in- member organizations include the Agri- clauses are signed before any dispute arises, stead accept a dispute resolution forum that culture and Land Based Training Associa- leaving farmers little if any ability to seek denies their basic legal rights and is too tion, American Natural Heritage Founda- justice if they become the victim of fraudu- costly for most growers to pursue. tion, C.A.S.A. del Llano (Communities As- lent or abusive trade practices. Because basic legal processes such as dis- suring a Sustainable Agriculture), Center for Because basic legal processes such as discovery are waived in arbitration, it becomes Rural Affairs, Dakota Rural Action, Delta covery are waived in arbitration, it becomes very difficult for a farmer or grower to prove Land and Community, Inc., Future Harvest- very difficult for a farmer or grower to prove their case. In these cases, the company has CASA (Chesapeake Alliance for Sustainable their case. In these cases, the company has control of the information needed for a grow- Agriculture), Illinois Stewardship Alliance, control of the information needed for a grower to argue their case. In a civil court case, Innovative Farmers of Ohio, Institute for er to argue their case. In a civil court case, this evidence would be available to a grow- Agriculture and Trade Policy, Iowa Environ- this evidence would be available to a grower’s attorney through discovery. In an arbi- mental Council, Iowa Natural Heritage ers’ attorney through discovery. In an arbitration proceeding, the company is not re- Foundation, Kansas Rural Center, Kerr Cen- tration proceeding, the company is not required to provide access to this information, ter for Sustainable Agriculture, Land Stew- quired to provide access to this information, thus placing the farmer/grower at an ex- ardship Project, Michael Fields Agricultural thus placing the farmer/grower at an extreme disadvantage. Other standard legal Institute, Michigan Agricultural Steward- treme disadvantage. Other standard legal rights that are waived through arbitration ship Association, Midwest Organic and Sus- rights that are waived through arbitration are access to mediation and appeal, as well tainable Education Service, The Minnesota are access to mediation and appeal, as well as the right to an explanation of the deci- Project, National Catholic Rural Life Con- as the right to an explanation of the decision. ference, National Center for Appropriate sion. In addition, it is often assumed that arbi- Technology, Northern Plains Sustainable In addition, it is often assumed that arbitration is a less costly way of resolving dis- Agriculture Society, Ohio Ecological Food tration is a less costly way of resolving dispute than going to court. Yet for the farmer,

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.169 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13797 the opposite is usually true. The high cost of (b) TECHNICAL AND CONFORMING AMEND- Idaho in 2004 to hear testimony from arbitration is often a significant barrier to MENT.—The table of sections for chapter 1 of those affected and ensure that their most farmers. The up-front filing fees and ar- title 9, United States Code, is amended by concerns and comments were included bitrator fees can exceed the magnitude of the adding at the end the following: in the process. dispute itself. For example, in one Mis- ‘‘17. Livestock and poultry contracts’’. Their voices were heard; the NAS re- sissippi case, filing fees for a poultry grower SEC. 3. EFFECTIVE DATE. to begin an arbitration proceeding were port released in April of 2005 recognized The amendments made by section 2 shall that, among the 25 counties with the $11,000. In contrast, filing fees for a civil apply to a contract entered into, amended, court case are $150 to $250. Lawyer fees in a altered, modified, renewed, or extended after highest per capita dosage of radiation, civil case are often paid on a contingent-fee the date of enactment of this Act. 20 of those counties are in Idaho and basis. Montana. In fact, Idaho is home to four In addition, the potential for mandatory By Mr. CRAPO (for himself, Mr. of the top five counties in this regard. arbitration clauses to be used abusively by a BURNS and Mr. CRAIG): The report also stated that, ‘‘To be eq- dominant party in a contract has also been recognized by Congress with regard to other S. 2132. A bill to Include Idaho and uitable, any compensation program sectors of our economy. In 2002, legislation Montana as affected areas for purposes needs to be based on scientific criteria was enacted with broad bipartisan support of making claims under the Radiation and similar cases must be treated that prohibits the use of pre-dispute, manda- Exposure Compensation Act (42 U.S.C. alike. The current geographic limita- tory arbitration clauses in contracts be- 2210 note) based on exposure to atmos- tions are not based on the latest tween car dealers and car manufacturers and pheric nuclear testing; to the Com- science.’’ Understanding these facts, it distributors. The Fair Contract for Growers mittee on the Judiciary. is of prime importance that we rectify Act is nearly identical in structure to the Mr. CRAPO. Mr. President, I rise to the problem quickly. ‘‘car dealer’’ arbitration bill passed by Con- introduce legislation on behalf of my- gress in 2002. The NAS report recognizes that the Thank you again for introducing the Fair self, Senator BURNS of Montana and my RECA program needs to be updated and Contracts for Growers Act, to assure that ar- Colleague Senator CRAIG that would in- that affected Idahoans and Montanans bitration in livestock and poultry contracts clude the States of Idaho and Montana deserve equal treatment with those in is truly voluntary, after mutual agreement as affected areas under the Radiation other States. The report makes several of both parties after a dispute arises. If used, Exposure Compensation Act, or RECA. specific recommendations, chief among arbitration should be a tool for honest dis- Since our goals of giving affected them that Congress should establish a pute resolution, not a weapon used to limit citizens in our States the opportunity new process for reviewing individual a farmer’s right to seek justice for abusive to receive compensation under RECA, trade practices. claims, based on probability of causa- I look forward to working with you toward and the challenges faced by our con- tion, or ‘‘assigned share,’’ a method enactment of this important legislation. stituents are the same, it is appro- which is used in the courts and for Sincerely, priate to combine our efforts toward other radiation compensation pro- STEVEN D. ETKA, rectifying the problem. grams. I am currently working with Legislative Coordinator. Nuclear testing in Nevada during the my colleagues to legislatively address 1950s and 1960s released radiation into S. 2131 the suggestions made by the NAS re- the atmosphere that settled in States port and work out a long-term solution Be it enacted by the Senate and House of Rep- far away from the original test site. resentatives of the United States of America in for the challenges currently posed by Congress assembled, Certain elements of this radiation such RECA. SECTION 1. SHORT TITLE. as the radioactive isotope Iodine–131 We all recognize that this problem This Act may be cited as the ‘‘Fair Con- settled in States such as Idaho and requires a two-part solution—expand- tracts for Growers Act of 2005’’. Montana and found their way into the ing the current RECA program to in- SEC. 2. ELECTION OF ARBITRATION. milk supply. After time, in some cases clude those left behind while at the (a) IN GENERAL.—Chapter 1 of title 9, 25 to 50 years after the fact, this con- same time working on the long-term United States Code, is amended by adding at tamination manifested itself as various fixes recommended by the NAS. These the end the following: forms of cancer, leukemia and other efforts must happen simultaneously ‘‘§ 17. Livestock and poultry contracts illnesses, particularly thyroid cancer. and I am pleased that my colleagues ‘‘(a) DEFINITIONS.—In this section: Those affected in this way are often re- are partnering with me on this course. ‘‘(1) LIVESTOCK.—The term ‘livestock’ has ferred to as ‘‘downwinders,’’ to denote Tragically, for some, it is already too the meaning given the term in section 2(a) of their location downwind from the fall- late. A long-time advocate for the the Packers and Stockyards Act, 1921 (7 out. U.S.C. 182(a)). downwinders, and personal friend, In 1990, Congress recognized the need ‘‘(2) LIVESTOCK OR POULTRY CONTRACT.—The Sheri Garmon, passed away from can- term ‘livestock or poultry contract’ means for the Federal Government to make cer this summer. Others preceded her any growout contract, marketing agreement, amends for the harm caused to inno- and some are sick right now. There are or other arrangement under which a live- cent citizens by nuclear testing and the still a number of those affected who are stock or poultry grower raises and cares for Radiation Exposure Compensation Act still waiting for the Government to do livestock or poultry. was passed into law. Unfortunately, the right thing and make them eligible ‘‘(3) LIVESTOCK OR POULTRY GROWER.—The the science at the time did not recog- for compensation for their injuries. term ‘livestock or poultry grower’ means nize that radioactive fallout did not re- any person engaged in the business of raising The facts are in and the science shows and caring for livestock or poultry in accord- strict itself by State lines. that they should not have to wait any ance with a livestock or poultry contract, This was highlighted in 1999, when a longer for their rightful opportunity to whether the livestock or poultry is owned by group of Senators, led by Senator seek appropriate redress. Let’s fix this the person or by another person. HATCH, amended the law to include ad- while we still have some of those who ‘‘(4) POULTRY.—The term ‘poultry’ has the ditional counties in Arizona. During are sick because of Government actions meaning given the term in section 2(a) of the debate on this legislation, Senator with us. Packers and Stockyards Act, 1921 (7 U.S.C. HATCH said, ‘‘Our current state of sci- I would exhort my colleagues to join 182(a)). entific knowledge allows us to pinpoint with me and Senators BURNS and CRAIG ‘‘(b) CONSENT TO ARBITRATION.—If a livestock or poultry contract provides for the with more accuracy which diseases are to take up this legislation we have in- use of arbitration to resolve a controversy reasonably believed to be related to ra- troduced today and bring needed fair- under the livestock or poultry contract, ar- diation exposure, and that is what ne- ness to those in Idaho and Montana and bitration may be used to settle the con- cessitated the legislation we are con- extend them eligibility under the cur- troversy only if, after the controversy arises, sidering today.’’ Since that time, even rent Radiation Exposure Compensation both parties consent in writing to use arbi- greater advances in science have been Act. tration to settle the controversy. made in the area of radiation exposure. Mr. President, I ask unanimous con- ‘‘(c) EXPLANATION OF BASIS FOR AWARDS.— When the RECA disparity was first If arbitration is elected to settle a dispute sent that the text of the bill be printed under a livestock or poultry contract, the ar- brought to my attention by the Idaho in the RECORD. bitrator shall provide to the parties to the downwinders, I met with them to dis- There being no objection, the bill was contract a written explanation of the factual cuss ways to help them. The National ordered to be printed in the RECORD, as and legal basis for the award.’’. Academy of Sciences staff came to follows:

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.172 S16DEPT1 S13798 CONGRESSIONAL RECORD — SENATE December 16, 2005 S. 2132 planning for the types of catastrophes Title II, set to expire at the end of this Be it enacted by the Senate and House of Rep- it has concluded threaten our country. year, will be extended to 2010. The mod- resentatives of the United States of America in Besides natural disasters, the list in- est levels of direct assistance to indi- Congress assembled, cludes various types of terrorist at- viduals, though indexed to inflation, SECTION 1. INCLUSION OF IDAHO AND MONTANA tacks—chemical, biological, radio- will be increased because of rapid in- IN RADIATION EXPOSURE COM- PENSATION. logical, cyber—as well as major health creases in housing costs in recent Section 4(b)(1) of the Radiation Exposure disasters. Though the President could years. The duration of assistance that Compensation Act (42 U.S.C. 2210 note) is respond to any of these scenarios by can be provided by the Department of amended— issuing an Emergency declaration, only Defense, for the preservation of life and (1) in subparagraph (B), by striking ‘‘and’’ seven of the fifteen would currently property, will be increased from 10 to after the semicolon; qualify under the Stafford Act to be de- 30 days, to meet needs following ex- (2) in subparagraph (C), by striking ‘‘and’’ after the semicolon; and clared a major disaster. treme disasters. It will be clarified that (3) by adding after subparagraph (C) the This bill will modify the definition of events occurring within the waters sur- following: a major disaster in the Stafford Act to rounding the United States are eligible ‘‘(D) the State of Idaho; and direct the President to focus on the im- for emergency and major disaster dec- ‘‘(E) the State of Montana; and’’. pacts of an event in determining larations, Efforts to recover costs of whether to issue a declaration. It is in- assistance when emergencies or major By Mr. ROCKEFELLER: deed the suffering—deaths, injuries, de- disasters are caused by gross neg- S. 2133. A bill to amend the Robert T. struction—and not the cause of that ligence will be authorized. The process Stafford Disaster Relief and Emer- suffering, which should determine our for appropriating funds for disaster re- gency Assistance Act to include fore- response. Catastrophic events, foresee- lief will be improved. And other minor seeable catastrophic events as major able and yet unimagined, will be cov- improvements will be made. disasters, to permit States affected by ered if the suffering exceeds the capac- I ask my colleagues in the Senate to an event occurring elsewhere to receive ity of the State to respond. join me to pass this bill and improve assistance, and for other purposes; to Furthermore, under the Stafford Act our preparedness for disasters in the the Committee on Homeland Security it is not clear whether States affected 21st century. and Governmental Affairs. indirectly by a disaster occurring else- I ask unanimous consent that the Mr. ROCKEFELLER. Mr. President, where—for example, by receiving evac- text of this bill be printed in the the massive devastation inflicted upon uees or by the spread of nuclear, toxic, RECORD. our southern States by hurricanes or infectious agents—could receive a There being no objection, the bill was Katrina, Rita, and Wilma reminded all major disaster declaration. It became ordered to be printed in the RECORD, as Americans how important it is that the clear in the aftermath of Hurricane follows: Federal Government be able to respond Katrina that meeting the needs of S. 2133 quickly and effectively when disaster evacuees can be a difficult challenge. Be it enacted by the Senate and House of Rep- strikes. We also learned from those Four States received major disaster resentatives of the United States of America in tragedies that we must assist in ways declarations following Katrina. Forty- Congress assembled, few of us had imagined—for example, SECTION 1. SHORT TITLE. to meet the needs of evacuees who were four others received emergency declarations to assist evacuees, but not This Act may be cited as the ‘‘Disaster Re- dispersed far from the disaster. lief Act of 2005’’. Other events of the past few years, even Texas, which hosted over 200,000 evacuees, received a major disaster SEC. 2. FINDINGS AND PURPOSES. both here at home and abroad, have (a) FINDINGS.—Congress finds that— taught us that we must prepare for declaration to assist them. Even if it (1) the current definition of a major dis- more than just natural disasters. Acci- were possible to declare a major disaster in section 102 of the Robert T. Stafford dents, acts of terrorism, and pandemic aster in a State receiving evacuees, as- Disaster Relief and Emergency Assistance illnesses also threaten us with death, sistance to meet some of their needs— Act (42 U.S.C. 5122) is insufficient to enable injury, and destruction. And while we education, healthcare, long-term hous- the President to respond quickly and efficiently to foreseeable catastrophic events, work to minimize the threats, we must ing and resettlement—is not adequately authorized under the Stafford including many types of potential terrorists assume that such disasters will really attacks, accidents, and health emergencies; Act. happen. (2) more than 1⁄2 of the disaster planning I have concluded that the President’s Being able to meet the needs of evac- scenarios used by the Department of Home- current statuary authority to respond uees is an important issue for West land Security to evaluate preparedness to disasters is not sufficient to meet Virginia. We hosted several hundred would not be covered by that present defini- the threats that we all now recognize evacuees from Hurricane Katrina, just tion; as real, though once they were un- enough to understand the special needs (3) States affected by a event occurring imaginable. Today, I am introducing of people who have lost their homes elsewhere, such as through mass evacu- the Disaster Relief Act 2005 to mod- and livelihoods, have been moved to ations, the propagation of radioactive or unfamiliar places without resources, toxic substances, or the transmission of in- ernize our disaster response capability fectious agents, may not be eligible for the for the 21st century. have been separated from their fami- declaration of a major disaster or for certain One of the principal authorities we lies, and suffered in many other ways. types of assistance; have given the President for disaster A disaster in the Washington-Balti- (4) emergency declarations, widely used to management is the Robert T. Stafford more region, or in Pennsylvania or provide assistance to evacuees following Disaster Relief and Emergency Assist- Ohio, could bring far more evacuees to Hurricane Katrina, may not adequate; ance Act. This is the law that author- West Virginia than we could assist (5) some types of assistance found to be izes the President, at the request of a with presently available resources. necessary following the evacuations associ- Governor, to declare an ‘‘Emergency’’ This bill acknowledges the fact that ated with Hurricane Katrina, notably assist- the impacts of a major disaster can ex- ance for providing public services such as or a ‘‘Major Disaster,’’ which then en- education, healthcare, long-term housing, ables various types of Federal assist- tend far beyond the location of the and resettlement, are not authorized to be ance. Emergency is the lower level dec- event, and enables the President to provided under the Robert T. Stafford Dis- laration. The President is given great make major disaster declarations in af- aster Relief and Emergency Assistance Act latitude in the types of events that can fected States, wherever they may be lo- (42 U.S.C. 5121 et seq.); be declared emergencies, but relief is cated. Additional forms of assistance (6) the process for appropriating funds for generally limited to $5 million per dec- to evacuees, found necessary after hur- disaster assistance is inefficient and often laration. A major disaster declaration ricane Katrina—for education, requires supplemental appropriations and allows much greater assistance, but healthcare, long-term housing, and re- certain assistance programs have been delayed by insufficient funds; can be made only for natural disasters settlement—will be made available. (7) authorization for the Predisaster Haz- or, from any cause, fire, flood, or explo- Several other aspects of the Stafford ard Mitigation program, under title II of the sion. Act require our attention, and are ad- Robert T. Stafford Disaster Relief and Emer- The Department of Homeland Secu- dressed in the bill. Authorization for gency Assistance Act (42 U.S.C. 5131 et seq.) rity uses 15 disaster scenarios to guide Predisaster Hazard Mitigation under will expire on December 31, 2005;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.155 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13799 (8) while the Federal Government is au- major disaster declared in another part of aster,’’ and inserting the following: ‘‘in an thorized to recover the cost of providing as- the United States, to the extent that, in the area in which the President has declared a sistance in the event of major disasters or determination of the President, assistance major disaster who’’; emergencies caused by deliberate actions, provided for under this Act is required; or (2) in subsection (c)— costs resulting from negligent actions can- ‘‘(C) that is included in a Presidential dec- (A) in paragraph (2)(C), by striking ‘‘$5,000’’ not be recovered; laration of an Incident of National Signifi- and inserting ‘‘$10,000’’; and (9) limits on assistance provided to individ- cance under the National Response Plan (de- (B) in paragraph (3)(B), by striking uals for repair or replacement of housing and veloped under Homeland Security Presi- ‘‘$10,000’’ and inserting ‘‘$20,000’’; and total assistance, though indexed for infla- dential Directive 5).’’. (3) in subsection (h)(1), by striking tion, do not adequately reflect increases in SEC. 4. EXTENSION OF PREDISASTER HAZARD ‘‘$25,000’’ and inserting ‘‘$50,000’’. the costs of housing that have occurred in MITIGATION PROGRAM. SEC. 11. EMERGENCY PUBLIC TRANSPORTATION. recent years; and Section 203(m) of the Robert T. Stafford Section 419 of the Robert T. Stafford Dis- (10) the duration of assistance by the De- Disaster Relief and Emergency Assistance aster Relief and Emergency Assistance Act partment of Defense authorized under sec- Act (42 U.S.C. 5133(m)) is amended by strik- (42 U.S.C. 5186) is amended by striking ‘‘an tion 403(c) of the Robert T. Stafford Disaster ing ‘‘December 31, 2005’’ and inserting ‘‘De- area affected by a major disaster to meet Relief and Emergency Assistance Act (42 cember 31, 2010’’. emergency needs’’ and inserting the fol- U.S.C. 5170b(c)) for activities ‘‘essential for SEC. 5. COORDINATING OFFICERS. lowing: ‘‘an area in which the President has the preservation of life and property’’ may Section 302(a) of the Robert T. Stafford declared a major disaster to meet emergency be insufficient to meet needs following major Disaster Relief and Emergency Assistance needs, including evacuation,’’. disasters that are particularly severe or for Act (42 U.S.C. 5143(a)) is amended— SEC. 12. EVACUEES. which the period of recovery is lengthy. (1) by inserting ‘‘(1)’’ before ‘‘Imme- Title IV of the Robert T. Stafford Disaster (b) PURPOSES.— diately’’; and Relief and Emergency Assistance Act (42 (1) IN GENERAL.—The purpose of this Act is (2) by adding at the end the following: to expand and enhance the authority and ca- U.S.C. 5170 et seq.) is amended by adding at ‘‘(2) In the event the President declares an the end the following: pacity of the President of the United States emergency or major disaster in more than 1 to alleviate suffering and loss resulting from ‘‘SEC. 425. ASSISTANCE IN AREAS RECEIVING State as a result of an occasion, instance, or EVACUEES. large catastrophic events by appropriately catastrophic event, the President may, as amending the Robert T. Stafford Disaster ‘‘If the President determines that other appropriate and efficient, appoint 1 or more statutory authorities are insufficient, the Relief and Emergency Assistance Act (42 regional coordinating officers, without re- U.S.C. 5121 et seq.). President may award grants or other assist- gard to State borders. A regional coordi- ance to an affected State or local govern- (2) MAJOR DISASTERS.—In amending the nating officer shall report to the Federal co- ment to be used to meet the temporary definition of the term major disaster in sec- ordinating officer appointed under paragraph tion 102(2) of the Robert T. Stafford Disaster health, education, food, and housing needs of (1) and the Principal Federal Official for the evacuees.’’. Relief and Emergency Assistance Act (42 emergency or major disaster designated SEC. 13. DISASTER RELIEF FUND. U.S.C. 5122(2)), Congress intends to expand under the National Response Plan (developed the types of events that constitute a major (a) IN GENERAL.—Title III of the Robert T. under Homeland Security Presidential Direc- Stafford Disaster Relief and Emergency As- disaster and does not intend to exclude any tive 5).’’. type of event that would have constituted a sistance Act (42 U.S.C. 5141 et seq.) is amend- SEC. 6. RECOVERY OF ASSISTANCE. ed by adding at the end the following: major disaster prior to the date of the enact- Section 317 of the Robert T. Stafford Dis- ‘‘SEC. 326. DISASTER RELIEF FUND. ment of this Act. aster Relief and Emergency Assistance Act ‘‘(a) ESTABLISHMENT.—There is established SEC. 3. DEFINITIONS. (42 U.S.C. 5160) is amended by inserting ‘‘, or in the Treasury of the United States, under (a) MAJOR DISASTER.—Section 102 of the through gross negligence,’’ after ‘‘Any per- the Office of the Secretary of the Treasury, Robert T. Stafford Disaster Relief and Emer- son who intentionally’’. gency Assistance Act (42 U.S.C. 5122) is a Disaster Relief Fund (referred to in this SEC. 7. UTILIZATION OF DOD RESOURCES. amended by striking paragraph (2) and in- section as the ‘Fund’). The Fund shall be Section 403(c)(1) of the Robert T. Stafford serting the following: available to provide financial resources to Disaster Relief and Emergency Assistance ‘‘(2) MAJOR DISASTER.—The term ‘major respond to domestic disasters and emer- Act (42 U.S.C. 5170b(c)(1)) is amended— disaster’ means a catastrophic event that— gencies described in subsection (c). (1) in the first sentence— ‘‘(A) involves or results in— ‘‘(b) APPROPRIATIONS.— (A) by striking ‘‘an incident which may ul- ‘‘(i) a large number of human deaths, inju- ‘‘(1) IN GENERAL.—The Fund shall consist of timately qualify for assistance under this ries, or illnesses; such sums as are appropriated in accordance title or title V of this Act’’ and inserting the ‘‘(ii) substantial property damage or loss; with this subsection and such sums as are following: ‘‘a catastrophic event that the or transferred from the Department of Home- President has declared a major disaster’’; ‘‘(iii) extensive disruption of public serv- land Security Disaster Relief Fund. and ices; and ‘‘(2) DEFINITION.—For purposes of this sub- (B) by striking ‘‘the State in which such ‘‘(B) in the determination of the President, section, the term ‘operating expenditures’ incident occurred’’ and inserting the fol- is of such severity and magnitude that effec- means an amount equal to the average lowing: ‘‘any State in the area for which the tive response is beyond the capabilities of amount expended from the Fund, or any President has declared a major disaster’’; the affected State or local government.’’. predecessor of the Fund, for the preceding 5 and (b) UNITED STATES.—Section 102(3) of the years, excluding the years during that 5-year Robert T. Stafford Disaster Relief and Emer- (2) in the third sentence, by striking ‘‘10 period in which the greatest amount and gency Assistance Act (42 U.S.C. 5122(3)) is days’’ and inserting ‘‘30 days’’. least amount were expended from the Fund. amended— SEC. 8. HAZARD MITIGATION. ‘‘(3) DEPOSITS INTO FUND.—On October 1 of (1) by striking ‘‘‘United States’’’ and in- Section 404(a) of the Robert T. Stafford each fiscal year, the Secretary of the Treas- serting the following: Disaster Relief and Emergency Assistance ury shall make a cash deposit into the Fund ‘‘(3) UNITED STATES.—The term ‘United Act (42 U.S.C. 5170c(a)) is amended in the of an amount sufficient to bring the Fund States’ ’’; first sentence, by striking ‘‘any area affected balance up the amount of operating expendi- (2) by striking ‘‘and’’ after ‘‘Samoa,’’; and by a major disaster’’ and inserting ‘‘any area tures as of that date. (3) by striking the period at the end and in- in which the President has declared a major ‘‘(4) REPLENISHMENT.—There shall be ap- serting the following: ‘‘, and the exclusive disaster’’. propriated, for each fiscal year, sufficient economic zone and continental shelf (as SEC. 9. CONGRESSIONAL NOTIFICATION. amounts to restore the Fund to balance re- those terms are defined in the United Na- Section 406(a)(4) of the Robert T. Stafford quired under paragraph (3). tions Convention on the Law of the Sea, Disaster Relief and Emergency Assistance ‘‘(c) USE OF FUNDS.—Amounts in the Fund done at Montego Bay December 10, 1982) sur- Act (42 U.S.C. 5172(a)(4) is amended— shall only be available to meet the emer- rounding those areas.’’. (1) in subparagraph (A), by striking ‘‘Com- gency funding requirements for— (c) AFFECTED STATE.—Section 102 of the mittee on Environment and Public Works’’ ‘‘(1) particular domestic disasters and secu- Robert T. Stafford Disaster Relief and Emer- and inserting ‘‘Committee on Homeland Se- rity emergencies designated by a Joint Reso- gency Assistance Act (42 U.S.C. 5122) is curity and Governmental Affairs’’; and lution of Congress; or amended by adding at the end the following: (2) in subparagraph (B), by inserting ‘‘and ‘‘(2) an emergency or major disaster de- ‘‘(10) AFFECTED STATE.—The term ‘affected the Committee on Homeland Security’’ after clared by the President under this Act. State’ means any State— ‘‘Infrastructure’’ ‘‘(d) REPORTING.—Not later than November ‘‘(A) that suffers damage, loss, or hardship SEC. 10. FEDERAL ASSISTANCE TO INDIVIDUALS 30, 2006, and annually thereafter, the Direc- as a result of an occasion or instance satis- AND HOUSEHOLDS. tor of the Office of Management and Budget fying the criteria of paragraph (1) or a cata- Section 408 of the Robert T. Stafford Dis- shall submit to Congress a report that lists strophic event satisfying the criteria of para- aster Relief and Emergency Assistance Act the amounts expended from the Fund for the graph (2); (42 U.S.C. 5173) is amended— prior fiscal year for each disaster or emer- ‘‘(B) regardless of location, that suffers in- (1) in subsection (a)(1), by striking ‘‘in the gency under subsection (c).’’. direct consequences due to an emergency or State who, as a direct result of a major dis- (b) ABOLITION OF EXISTING FUND.—

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.163 S16DEPT1 S13800 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1) TRANSFER OF FUNDS.—The Secretary of success for countless manufacturers in paragraph (3). Awards shall be made on a Homeland Security shall transfer any funds states across the country. peer-reviewed, competitive basis. in Department of Homeland Security Dis- In addition to authorizing funding for ‘‘(2) PARTICIPANTS.—The partnerships de- aster Relief Fund to the Disaster Relief Fund MEP, this bill will amend partnership scribed in this paragraph shall include at established in the Treasury of the United least— States by section 326 of the Robert T. Staf- to include a mechanism for review and ‘‘(A) 1 manufacturing industry partner; ford Disaster Relief and Emergency Assist- re-competition of MEP Centers and es- and ance Act (as added by this Act). tablish an additional competitive grant ‘‘(B) 1 nonindustry partner. (2) ABOLITION.—After all funds are trans- program from which these centers can ‘‘(3) PURPOSE.—The purpose of the program ferred to the Disaster Relief Fund in the obtain supplemental funding for manu- established under this section is to foster Treasury of the United States under para- facturing-related projects. cost-shared collaborations among firms, edu- graph (1), the Department of Homeland Secu- The National Institute of Standards cational institutions, research institutions, State agencies, and nonprofit organizations rity Disaster Relief Fund is abolished. and Technology with its expertise in (c) CONFORMING AMENDMENTS.— to encourage the development of innovative, technology, measurement and stand- (1) PERMANENT APPROPRIATION.—Section multidisciplinary manufacturing tech- 1305 of title 31, United States Code, is amend- ards helps U.S. industry manufacture nologies. Partnerships receiving awards ed by adding at the end the following: leading products and deliver high qual- under this section shall conduct applied re- ‘‘(11) EMERGENCY RESERVE FUND.—To make ity services. NIST has aided U.S. com- search to develop new manufacturing proc- payments into the Disaster Relief Fund es- panies in competing in domestic and esses, techniques, or materials that would tablished by section 326 of the Robert T. foreign markets through technology- contribute to improved performance, produc- Stafford Disaster Relief and Emergency As- based innovations in areas such as bio- tivity, and the manufacturing competitiveness of the United States, and build lasting sistance Act.’’. technology, information technology (d) CONGRESSIONAL BUDGET PROCESS.—Sec- alliances among collaborators. tion 301(a) of the Congressional Budget Act and advanced manufacturing. NIST’s ‘‘(b) PROGRAM CONTRIBUTION.—An award of 1974 (2 U.S.C. 632(a)) is amended— capabilities will allow them to make made under this section shall provide for not (1) by redesignating paragraphs (6) and (7) further valuable contributions with more than one-third of the costs of the part- as paragraphs (7) and (8) respectively; and emerging technologies in the future. nership. Not more than an additional one- (2) by inserting after paragraph (5) the fol- My bill establishes programs aimed third of such costs may be obtained directly lowing: or indirectly from other Federal sources. at enhancing research and advance- ‘‘(c) APPLICATIONS.—Applications for ‘‘(6) total new budget authority and total ments in the manufacturing industry awards under this section shall be submitted budget outlays for emergency funding re- including a fellowship program and a in such manner, at such time, and con- quirements for domestic disasters and emer- manufacturing research pilot program, taining such information as the Director gencies, which shall be transferred to the shall require. Such applications shall de- Disaster Relief Fund established by section which involves cost-sharing collaborations aimed at developing new proc- scribe at a minimum— 326 of the Robert T. Stafford Disaster Relief ‘‘(1) how each partner will participate in and Emergency Assistance Act.’’. esses and materials to improve manu- developing and carrying out the research facturing performance and produc- agenda of the partnership; By Mr. SMITH: tivity. ‘‘(2) the research that the grant will fund; S. 2134. A bill to strengthen existing The Advanced Technology Program and programs to assist manufacturing in- (ATP) which supports research and de- ‘‘(3) how the research to be funded with the novation and education, to expand out- velopment of high-risk, cutting edge award will contribute to improved perform- reach programs for small and medium- technologies is authorized funding in ance, productivity, and the manufacturing sized manufacturers, and for other pur- competitiveness of the United States. this legislation. ATP partners with pri- ‘‘(d) SELECTION CRITERIA.—In selecting ap- poses; to the Committee on Commerce, vate sector entities to invest in early plications for awards under this section, the Science, and Transportation. stage, innovative technologies that en- Director shall consider at a minimum— Mr. SMITH. Mr. President, I rise able U.S. companies to develop next ‘‘(1) the degree to which projects will have today with Senators KOHL and DEWINE generation products and services that a broad impact on manufacturing; to introduce the Manufacturing Tech- improve the quality of life for all of us. ‘‘(2) the novelty and scientific and technology Competitiveness Act of 2005. These public-private partnerships lead nical merit of the proposed projects; and The manufacturing sector is a crit- ‘‘(3) the demonstrated capabilities of the to innovations that otherwise could applicants to successfully carry out the pro- ical component of our economy and an not be developed by a single entity. posed research. engine of job creation for millions of I urge my colleagues to support the ‘‘(e) DISTRIBUTION.—In selecting applica- Americans. Investment and continued Manufacturing Technology Competi- tions under this section the Director shall growth in this industry is vital in order tiveness Act of 2005 and ask unanimous ensure, to the extent practicable, a distribu- to strengthen manufacturing in the consent that the text of the bill be tion of overall awards among a variety of United States and increase our global manufacturing industry sectors and a range printed in the RECORD. of firm sizes. competitiveness. There being no objection, the bill was ‘‘(f) DURATION.—In carrying out this sec- Through a number of measures, my ordered to be printed in the RECORD, as tion, the Director shall conduct a single legislation is aimed at further improv- follows: pilot competition to solicit and make ing productivity, advancing technology S. 2134 awards. Each award shall be for a 3-year period.’’. and increasing the competitiveness of Be it enacted by the Senate and House of Rep- the U.S. manufacturing industry. resentatives of the United States of America in SEC. 3. MANUFACTURING FELLOWSHIP PRO- GRAM. My bill authorizes funding through Congress assembled, Section 18 of the National Institute of fiscal year 2008 for the Manufacturing SECTION 1. SHORT TITLE. Standards and Technology Act (15 U.S.C. Extension Partnership (MEP) and the This Act may be cited as the ‘‘Manufac- 278g–1) is amended— National Institute of Standards and turing Technology Competitiveness Act of (1) by inserting ‘‘(a) IN GENERAL.—’’ before Technology (NIST). 2005’’. ‘‘The Director is authorized’’; and MEP is a nationwide network with SEC. 2. COLLABORATIVE MANUFACTURING RE- (2) by adding at the end the following new centers in all 50 states that provide as- SEARCH PILOT GRANTS. subsection: The National Institute of Standards and sistance to help small- and medium- ‘‘(b) MANUFACTURING FELLOWSHIP PRO- Technology Act is amended— GRAM.— sized manufacturers succeed by pro- (1) by redesignating the first section 32 (15 ‘‘(1) ESTABLISHMENT.—To promote the de- viding expertise and services cus- U.S.C. 271 note; as redesignated by Public velopment of a robust research community tomized to meet their critical needs. Law 105–309) as section 34; and working at the leading edge of manufac- Small and medium sized manufactur- (2) by inserting before the section redesig- turing sciences, the Director shall establish ers in my home State of Oregon have nated by paragraph (1) the following: a program to award— benefited from the efforts of the Or- ‘‘SEC. 33. COLLABORATIVE MANUFACTURING RE- ‘‘(A) postdoctoral research fellowships at egon MEP resulting in increased jobs, SEARCH PILOT GRANTS. the Institute for research activities related investment and overall productivity. In ‘‘(a) AUTHORITY.— to manufacturing sciences; and ‘‘(1) ESTABLISHMENT.—The Director shall ‘‘(B) senior research fellowships to estab- 2004, the Oregon MEP helped manufac- establish a Manufacturing Research Pilot lished researchers in industry or at institu- turers generate new or retain sales of Grants program to make awards to partner- tions of higher education who wish to pursue $6,835,400 and a save costs of $18,736,000. ships consisting of participants described in studies related to the manufacturing MEP’s assistance has yielded similar paragraph (2) for the purposes described in sciences at the Institute.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.163 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13801

‘‘(2) APPLICATIONS.—To be eligible for an containing such information as the Director (1) IN GENERAL.—There are authorized to be award under this subsection, an individual shall require, in consultation with the Manu- appropriated to the Director of the National shall submit an application to the Director facturing Extension Partnership National Science Foundation, from sums otherwise at such time, in such manner, and con- Advisory Board. authorized to be appropriated, for the pro- taining such information as the Director ‘‘(5) SELECTION.—Awards under this sub- grams established under section 3 of the Sci- may require. section shall be peer reviewed and competi- entific and Advanced-Technology Act of 1992 ‘‘(3) STIPEND LEVELS.—Under this section, tively awarded. The Director shall select (42 U.S.C. 1862i)— the Director shall provide stipends for proposals to receive awards— (A) $55,000,000 for fiscal year 2006, $5,000,000 postdoctoral research fellowships at a level ‘‘(A) that utilize innovative or collabo- of which may be used to support the edu- consistent with the National Institute of rative approaches to solving the problem de- cation and preparation of manufacturing Standards and Technology Postdoctoral Re- scribed in the competition; technicians for certification; search Fellowship Program, and senior re- ‘‘(B) that will improve the competitiveness (B) $57,750,000 for fiscal year 2007, $5,000,000 search fellowships at levels consistent with of industries in the region in which the Cen- of which may be used to support the edu- support for a faculty member in a sabbatical ter or Centers are located; and cation and preparation of manufacturing position.’’. ‘‘(C) that will contribute to the long-term technicians for certification; and SEC. 4. MANUFACTURING EXTENSION. economic stability of that region. (C) $60,600,000 for fiscal year 2008, $5,000,000 (a) MANUFACTURING CENTER EVALUATION.— ‘‘(6) PROGRAM CONTRIBUTION.—Recipients of of which may be used to support the edu- Section 25(c)(5) of the National Institute of awards under this subsection shall not be re- cation and preparation of manufacturing Standards and Technology Act (15 U.S.C. quired to provide a matching contribution. technicians for certification. 278k(c)(5)) is amended by inserting ‘‘A Center ‘‘(f) AUDITS.—A center that receives assist- (2) DISTRIBUTION.—Funds appropriated that has not received a positive evaluation ance under this section shall submit annual under this subsection shall be made avail- by the evaluation panel shall be notified by audits to the Secretary in accordance with able, to the maximum extent practicable, to the panel of the deficiencies in its perform- Office of Management and Budget Circular diverse institutions, including historically ance and may be placed on probation for one A–133 and shall make such audits available Black colleges and universities and other mi- year, after which time the panel may re- to the public on request.’’. nority-serving institutions. (d) PROGRAMMATIC AND OPERATIONAL evaluate the Center. If the Center has not (b) AMENDMENTS.—Section 3 of the Sci- PLAN.—Not later than 120 days after the date addressed the deficiencies identified by the entific and Advanced-Technology Act of 1992 of enactment of this Act, the Director of the panel, or shown a significant improvement in (42 U.S.C. 1862i) is amended— National Institute of Standards and Tech- its performance, the Director may conduct a (1) in subsections (a)(1) and (c)(2), by in- nology shall transmit to the Committee on new competition to select an operator for serting ‘‘, including manufacturing,’’ after Science of the House of Representatives and the Center or may close the Center.’’ after ‘‘advanced-technology fields’’; and the Committee on Commerce, Science, and ‘‘sixth year at declining levels.’’. (2) by inserting ‘‘, including manufac- Transportation of the Senate a 3-year pro- turing’’ after ‘‘advanced-technology fields’’ (b) FEDERAL SHARE.—Section 25(d) of the grammatic and operational plan for the Man- National Institute of Standards and Tech- each place the term appears, other than in ufacturing Extension Partnership program nology Act (15 U.S.C. 278k(d)) is amended to subsections (a)(1) and (c)(2). under sections 25 and 26 of the National In- read as follows: SEC. 7. SCIENTIFIC AND TECHNICAL RESEARCH stitute of Standards and Technology Act (15 AND SERVICES. ‘‘(d) ACCEPTANCE OF FUNDS.—In addition to U.S.C. 278k and 278l). The plan shall include (a) LABORATORY ACTIVITIES.—There are au- such sums as may be appropriated to the comments on the plan from the Manufac- thorized to be appropriated to the Secretary Secretary and Director to operate the Cen- turing Extension Partnership State partners of Commerce for the scientific and technical ters program, the Secretary and Director and the Manufacturing Extension Partner- research and services laboratory activities of also may accept funds from other Federal de- ship National Advisory Board. the National Institute of Standards and partments and agencies and under section Technology— 2(c)(7) from the private sector for the pur- SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR MANUFACTURING SUPPORT (1) $426,267,000 for fiscal year 2006, of pose of strengthening United States manu- PROGRAMS. which— facturing. Such funds, if allocated to a Cen- (a) MANUFACTURING EXTENSION PARTNER- (A) $50,833,000 shall be for Electronics and ter, shall not be considered in the calcula- SHIP PROGRAM.—There are authorized to be Electrical Engineering; tion of the Federal share of capital and an- appropriated to the Secretary of Commerce, (B) $28,023,000 shall be for Manufacturing nual operating and maintenance costs under or other appropriate Federal agencies, for Engineering; subsection (c).’’. the Manufacturing Extension Partnership (C) $52,433,000 shall be for Chemical Science (c) MANUFACTURING EXTENSION CENTER program under sections 25 and 26 of the Na- and Technology; COMPETITIVE GRANT PROGRAM.—Section 25 of tional Institute of Standards and Technology (D) $46,706,000 shall be for Physics; the National Institute of Standards and Act (15 U.S.C. 278k and 278l)— (E) $33,500,000 shall be for Material Science Technology Act (15 U.S.C. 278k) is amended (1) $110,000,000 for fiscal year 2006, of which and Engineering; by adding at the end the following new sub- not more than $1,000,000 shall be for the com- (F) $24,321,000 shall be for Building and Fire sections: petitive grant program under section 25(e) of Research; ‘‘(e) COMPETITIVE GRANT PROGRAM.— such Act (15 U.S.C. 278k(e)); (G) $68,423,000 shall be for Computer ‘‘(1) ESTABLISHMENT.—The Director shall (2) $115,000,000 for fiscal year 2007, of which Science and Applied Mathematics; establish, within the Manufacturing Exten- not more than $4,000,000 shall be for the com- (H) $20,134,000 shall be for Technical Assist- sion Partnership program under this section petitive grant program under section 25(e) of ance; and section 26 of this Act, a program of com- such Act (15 U.S.C. 278k(e)); and (I) $48,326,000 shall be for Research Support petitive awards among participants de- (3) $120,000,000 for fiscal year 2008, of which Activities; scribed in paragraph (2) for the purposes de- not more than $4,100,000 shall be for the com- (J) $29,369,000 shall be for the National In- scribed in paragraph (3). petitive grant program under section 25(e) of stitute of Standards and Technology Center ‘‘(2) PARTICIPANTS.—Participants receiving such Act (15 U.S.C. 278k(e)). for Neutron Research; and awards under this subsection shall be the (b) COLLABORATIVE MANUFACTURING RE- (K) $18,543,000 shall be for the National Centers, or a consortium of such Centers. SEARCH PILOT GRANTS PROGRAM.—There are Nanomanufacturing and Nanometrology Fa- ‘‘(3) PURPOSE.—The purpose of the program authorized to be appropriated to the Sec- cility; under this subsection is to develop projects retary of Commerce for the Collaborative (2) $447,580,000 for fiscal year 2007; and to solve new or emerging manufacturing Manufacturing Research Pilot Grants pro- (3) $456,979,000 for fiscal year 2008. problems as determined by the Director, in gram under section 33 of the National Insti- (b) MALCOLM BALDRIGE NATIONAL QUALITY consultation with the Director of the Manu- tute of Standards and Technology Act— AWARD PROGRAM.—There are authorized to facturing Extension Partnership program, (1) $10,000,000 for fiscal year 2006; be appropriated to the Secretary of Com- the Manufacturing Extension Partnership (2) $10,000,000 for fiscal year 2007; and merce for the Malcolm Baldrige National National Advisory Board, and small and me- (3) $10,000,000 for fiscal year 2008. Quality Award program under section 17 of dium-sized manufacturers. One or more (c) FELLOWSHIPS.—There are authorized to the Stevenson-Wydler Technology Innova- themes for the competition may be identi- be appropriated to the Secretary of Com- tion Act of 1980 (15 U.S.C. 3711a)— fied, which may vary from year to year, de- merce for Manufacturing Fellowships at the (1) $5,654,000 for fiscal year 2006; pending on the needs of manufacturers and National Institute of Standards and Tech- (2) $5,795,000 for fiscal year 2007; and the success of previous competitions. These nology under section 18(b) of the National In- (3) $5,939,000 for fiscal year 2008. themes shall be related to projects associ- stitute of Standards and Technology Act, as (c) CONSTRUCTION AND MAINTENANCE.— ated with manufacturing extension activi- added by section 3 of this Act— There are authorized to be appropriated to ties, including supply chain integration and (1) $1,500,000 for fiscal year 2006; the Secretary of Commerce for construction quality management, or extend beyond the (2) $1,750,000 for fiscal year 2007; and and maintenance of facilities of the National traditional areas. (3) $2,000,000 for fiscal year 2008. Institute of Standards and Technology— ‘‘(4) APPLICATIONS.—Applications for SEC. 6. TECHNICAL WORKFORCE EDUCATION (1) $58,898,000 for fiscal year 2006; awards under this subsection shall be sub- AND DEVELOPMENT. (2) $61,843,000 for fiscal year 2007; and mitted in such manner, at such time, and (a) AUTHORIZATION OF APPROPRIATIONS.— (3) $63,389,000 for fiscal year 2008.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.164 S16DEPT1 S13802 CONGRESSIONAL RECORD — SENATE December 16, 2005 SEC. 8. ADVANCED TECHNOLOGY PROGRAM. (3) $820,000 for fiscal year 2008. (B) by redesignating subparagraph (C) as (a) AUTHORIZATION OF APPROPRIATIONS.— subparagraph (B); There is authorized to be appropriated to the By Mr. DURBIN: (2) in paragraph (2)— Secretary of Commerce for the Advanced S. 2137. A bill to amend title XXI of (A) by striking ‘‘include’’ and all that fol- Technology Program under section 28 of the the Social Security Act to make all un- lows through ‘‘a child who is an’’ and insert- National Institute of Standards and Tech- insured children eligible for the State ing ‘‘include a child who is an’’; and nology Act (15 U.S.C. 278n) $140,000,000 for children’s health insurance program, to (B) by striking the semicolon and all that each of the fiscal years 2006 through 2008. follows through the period and inserting a (b) REPORT ON ELIMINATION.—Not later encourage States to increase the num- period; and than 3 months after the date of enactment of ber of children enrolled in the medicaid (3) by striking paragraph (4). this Act, the Secretary shall submit to Con- and State children’s health insurance (b) NO EXCLUSION OF CHILDREN WITH AC- gress a report detailing the impacts of the programs by simplifying the enroll- CESS TO HIGH-COST COVERAGE.—Section possible elimination of the Advanced Tech- ment and renewal procedures for those 2110(b)(3) of the Social Security Act (42 nology Program on the laboratory programs programs, and for other purposes; to U.S.C. 1397jj(b)(3)) is amended— at the National Institute of Standards Tech- the Committee on Finance. (1) in the paragraph heading, by striking ‘‘RULE’’ and inserting ‘‘RULES’’; nology. Mr. DURBIN. Mr. President, I ask (c) LOSS OF FUNDING.—At the time of the (2) by striking ‘‘A child shall not be consid- President’s budget request for fiscal year unanimous consent that the text of the ered to be described in paragraph (1)(C)’’ and 2007, the Secretary shall submit to Congress bill be printed in the RECORD. inserting the following: a report on how the Department of Com- There being no objection, the bill was ‘‘(A) CERTAIN NON FEDERALLY FUNDED COV- merce plans to absorb the loss of Advanced ordered to be printed in the RECORD, as ERAGE.—A child shall not be considered to be Technology Program funds to the laboratory follows: described in paragraph (1)(C)’’; and (3) by adding at the end the following: programs at the National Institute of Stand- S. 2137 ards and Technology, or otherwise mitigate ‘‘(B) NO EXCLUSION OF CHILDREN WITH AC- the effects of this loss on its programs and Be it enacted by the Senate and House of Rep- CESS TO HIGH-COST COVERAGE.—A State may personnel. resentatives of the United States of America in include a child as a targeted vulnerable child Congress assembled, SEC. 9. STANDARDS EDUCATION PROGRAM. if the child has access to coverage under a SECTION 1. SHORT TITLE. (a) PROGRAM AUTHORIZED.—(1) As part of group health plan or health insurance cov- the Teacher Science and Technology En- This Act may be cited as the ‘‘All Kids erage and the total annual aggregate cost for hancement Institute Program, the Director Health Insurance Coverage Act of 2005’’. premiums, deductibles, cost sharing, and of the National Institute of Standards and SEC. 2. FINDINGS. similar charges imposed under the group Technology shall carry out a Standards Edu- The Senate finds the following: health plan or health insurance coverage cation program to award grants to institu- (1) There are more than 9,000,000 children with respect to all targeted vulnerable chil- tions of higher education to support efforts in the United States with no health insur- dren in the child’s family exceeds 5 percent by such institutions to develop curricula on ance coverage. of such family’s income for the year in- the role of standards in the fields of engi- (2) Uninsured children, when compared to volved.’’. neering, business, science, and economics. privately insured children, are — (c) CONFORMING AMENDMENTS.— The curricula should address topics such as— (A) 3.5 times more likely to have gone (1) Titles XIX and XXI of the Social Secu- (A) development of technical standards; without needed medical, dental, or other rity Act (42 U.S.C. 1396 et seq.; 1397aa et. (B) demonstrating conformity to stand- health care; seq.) are amended by striking ‘‘targeted low- ards; (B) 4 times more likely to have delayed income’’ each place it appears and inserting (C) intellectual property and antitrust seeking medical care; ‘‘targeted vulnerable’’. issues; (C) 5 times more likely to go without need- (2) Section 2101(a) of such Act (42 U.S.C. (D) standardization as a key element of ed prescription drugs; and 1397aa(a)) is amended by striking ‘‘unin- business strategy; (D) 6.5 times less likely to have a regular sured, low-income’’ and inserting ‘‘low-in- (E) survey of organizations that develop source of care. come’’. standards; (3) Children without health insurance cov- (3) Section 2102(b)(3)(C) of such Act (42 (F) the standards life cycle; erage are at a disadvantage in the classroom, U.S.C. 1397bb(b)(3)(C)) is amended by insert- (G) case studies in effective standardiza- as shown by the following studies: ing ‘‘, particularly with respect to children tion; (A) The Florida Healthy Kids Annual Re- whose family income exceeds 200 percent of (H) managing standardization activities; port published in 1997, found that children the poverty line’’ before the semicolon. and who do not have health care coverage are 25 (4) Section 2102(b)(3)(E), section (I) managing organizations that develop percent more likely to miss school. 2105(a)(1)(D)(ii), paragraphs (1)(C) and (2) of standards. (B) A study of the California Health Fami- section 2107, and subsections (a)(1) and (2) Grants shall be awarded under this sec- lies program found that children enrolled in (d)(1)(B) of section 2108 of such Act (42 U.S.C. tion on a competitive, merit-reviewed basis public health coverage experienced a 68 per- 1397bb(b)(3)(E); 1397ee(a)(1)(D)(ii); 1397gg; and shall require cost-sharing from non-Fed- cent improvement in school performance and 1397hh) are amended by striking ‘‘low-in- eral sources. school attendance. come’’ each place it appears. (5) Section 2110(a)(27) of such Act (42 U.S.C. (b) SELECTION PROCESS.—(1) An institution (C) A 2002 Building Bridges to Healthy Kids of higher education seeking funding under and Better Students study conducted by the 1397jj(a)(27)) is amended by striking ‘‘eligible this section shall submit an application to Council of Chief State School Officers in low-income individuals’’ and inserting ‘‘tar- the Director at such time, in such manner, Vermont concluded that children who start- geted vulnerable individuals’’. (d) EFFECTIVE DATE.—The amendments and containing such information as the Di- ed out without health insurance saw their made by this section take effect on October rector may require. The application shall in- reading scores more than double after ob- 1, 2006. clude at a minimum— taining health care coverage. (A) a description of the content and sched- (4) More than half of uninsured children in SEC. 4. INCREASE IN FEDERAL FINANCIAL PAR- the United States are eligible for coverage TICIPATION UNDER SCHIP AND MED- ule for adoption of the proposed curricula in ICAID FOR STATES WITH SIM- the courses of study offered by the applicant; under either the State Children’s Health In- PLIFIED ENROLLMENT AND RE- and surance Program (SCHIP) or Medicaid, but NEWAL PROCEDURES FOR CHIL- (B) a description of the source and amount are not enrolled in those safety net pro- DREN. of cost-sharing to be provided. grams. (a) SCHIP.—Section 2105(c)(2) of the Social (2) In evaluating the applications sub- (5) Some States, seeing that the Federal Security Act (42 U.S.C. 1397ee(c)(2)) is mitted under paragraph (1) the Director shall Government is not providing assistance to amended by adding at the end the following: consider, at a minimum— middle class families who are unable to af- ‘‘(C) NONAPPLICATION OF LIMITATION AND IN- (A) the level of commitment demonstrated ford health insurance, are trying to extend CREASE IN FEDERAL PAYMENT FOR STATES WITH by the applicant in carrying out and sus- health care coverage to some or all children SIMPLIFIED ENROLLMENT AND RENEWAL PROCE- taining lasting curricula changes in accord- in the State. DURES.— ance with subsection (a)(1); and (6) State efforts to cover all children may ‘‘(i) IN GENERAL.—Notwithstanding sub- (B) the amount of cost-sharing provided. not be successful without financial assist- section (a)(1) and subparagraph (A)— (c) AUTHORIZATION OF APPROPRIATIONS.— ance from the Federal Government. ‘‘(I) the limitation under subparagraph (A) There are authorized to be appropriated to SEC. 3. ELIGIBILITY OF ALL UNINSURED CHIL- on expenditures for items described in sub- the Secretary of Commerce for the Teacher DREN FOR SCHIP. section (a)(1)(D) shall not apply with respect Science and Technology Enhancement Insti- (a) IN GENERAL.—Section 2110(b) of the So- to expenditures incurred to carry out any of tute program of the National Institute of cial Security Act (42 U.S.C. 1397jj(b)) is the outreach strategies described in clause Standards and Technology— amended— (ii), but only if the State carries out the (1) $773,000 for fiscal year 2006; (1) in paragraph (1)— same outreach strategies for children under (2) $796,000 for fiscal year 2007; and (A) by striking subparagraph (B); and title XIX; and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.164 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13803 ‘‘(II) the enhanced FMAP for a State for a SEC. 5. LIMITATION ON PAYMENTS TO STATES ‘‘(A) monitor the availability and reten- fiscal year otherwise determined under sub- THAT HAVE AN ENROLLMENT CAP tion of employer-sponsored health insurance section (b) shall be increased by 5 percentage BUT HAVE NOT EXHAUSTED THE coverage of dependent children; and STATE’S AVAILABLE ALLOTMENTS. points (without regard to the application of ‘‘(B) adjust the period determined under (a) IN GENERAL.—Section 2105 of the Social paragraph (1) as needed for the purpose of the 85 percent limitation under that sub- Security Act (42 U.S.C. 1397ee) is amended by section) with respect to such expenditures. promoting the retention of private or em- adding at the end the following: ployer-sponsored health insurance coverage ‘‘(ii) OUTREACH STRATEGIES DESCRIBED.— ‘‘(h) LIMITATION ON PAYMENTS TO STATES of dependent children and timely access to For purposes of clause (i), the outreach THAT HAVE AN ENROLLMENT CAP BUT HAVE health care services for such children.’’. strategies described in this clause are the NOT EXHAUSTED THE STATE’S AVAILABLE AL- (b) COST-SHARING FOR CHILDREN IN FAMI- following: LOTMENTS.— LIES WITH HIGH FAMILY INCOME.—Section ‘‘(I) PRESUMPTIVE ELIGIBILITY.—The State ‘‘(1) IN GENERAL.—Notwithstanding any 2103(e)(3) of the Social Security Act (42 provides for presumptive eligibility for chil- other provision of this section, payment U.S.C. 1397cc(e)(3)) is amended by adding at dren under this title and under title XIX. shall not be made to a State under this sec- the end the following new subparagraph: DOPTION OF 12 MONTH CONTINUOUS ELI ‘‘(II) A - - tion if the State has an enrollment freeze, ‘‘(C) CHILDREN IN FAMILIES WITH HIGH FAM- GIBILITY.—The State provides that eligibility enrollment cap, procedures to delay consid- ILY INCOME.— for children shall not be redetermined more eration of, or not to consider, submitted ap- ‘‘(i) IN GENERAL.—For children not de- often than once every year under this title plications for child health assistance, or a scribed in subparagraph (A) whose family in- or under title XIX. waiting list for the submission or consider- come exceeds 400 percent of the poverty line ‘‘(III) ELIMINATION OF ASSET TEST.—The ation of such applications or for such assist- for a family of the size involved, subject to State does not apply any asset test for eligi- ance, and the State has not fully expended paragraphs (1)(B) and (2), the State shall im- bility under this title or title XIX with re- the amount of all allotments available with pose a premium that is not less than the cost spect to children. respect to a fiscal year for expenditure by of providing child health assistance to chil- ‘‘(IV) PASSIVE RENEWAL.—The State pro- the State, including allotments for prior fis- dren in such families, and deductibles, cost vides for the automatic renewal of the eligi- cal years that remain available for expendi- sharing, or similar charges shall be imposed bility of children for assistance under this ture during the fiscal year under subsection under the State child health plan (without title and under title XIX if the family of (c) or (g) of section 2104 or that were redis- regard to a sliding scale based on income), which such a child is a member does not re- tributed to the State under subsection (f) or except that the total annual aggregate cost- port any changes to family income or other (g) of section 2104. sharing with respect to all such children in a relevant circumstances, subject to ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) family under this title may not exceed 5 per- verification of information from State data- shall not be construed as prohibiting a State cent of such family’s income for the year in- bases.’’. from establishing regular open enrollment volved. periods for the submission of applications for ‘‘(ii) INFLATION ADJUSTMENT.—The dollar (b) MEDICAID.— child health assistance.’’. amount specified in clause (i) shall be in- (1) IN GENERAL.—Section 1902(l) of the So- (b) EFFECTIVE DATE.—The amendments creased, beginning with fiscal year 2008, from cial Security Act (42 U.S.C. 1396a(l)) is made by this section take effect on October year to year based on the percentage in- amended— 1, 2006. crease in the consumer price index for all (A) in paragraph (3), by inserting ‘‘subject SEC. 6. ADDITIONAL ENHANCEMENT TO FMAP TO urban consumers (all items; United States to paragraph (5)’’, after ‘‘Notwithstanding PROMOTE EXPANSION OF COV- city average). Any dollar amount established ERAGE TO ALL UNINSURED CHIL- subsection (a)(17),’’; and under this clause that is not a multiple of (B) by adding at the end the following: DREN UNDER MEDICAID AND SCHIP. (a) IN GENERAL.—Title XXI (42 U.S.C. $100 shall be rounded to the nearest multiple ‘‘(5)(A) Notwithstanding the first sentence 1397aa et seq.) is amended by adding at the of $100.’’. DDITIONAL ALLOTMENTS FOR STATES of section 1905(b), with respect to expendi- end the following: (c) A PROVIDING COVERAGE TO ALL UNINSURED tures incurred to carry out any of the out- ‘‘SEC. 2111. ADDITIONAL ENHANCEMENT TO CHILDREN IN THE STATE.— reach strategies described in subparagraph FMAP TO PROMOTE EXPANSION OF (1) IN GENERAL.—Section 2104 of the Social (B) for individuals under 19 years of age who COVERAGE TO ALL UNINSURED CHILDREN UNDER MEDICAID AND Security Act (42 U.S.C. 1397dd) is amended by are eligible for medical assistance under sub- SCHIP. inserting after subsection (c) the following: section (a)(10)(A), the Federal medical assist- ‘‘(a) IN GENERAL.—Notwithstanding sub- ‘‘(d) ADDITIONAL ALLOTMENTS FOR STATES ance percentage is equal to the enhanced section (b) of section 2105 (and without re- PROVIDING COVERAGE TO ALL UNINSURED FMAP described in section 2105(b) and in- gard to the application of the 85 percent lim- CHILDREN IN THE STATE.— creased under section 2105(c)(2)(C)(i)(II), but itation under that subsection), the enhanced ‘‘(1) APPROPRIATION; TOTAL ALLOTMENT.— only if the State carries out the same out- FMAP with respect to expenditures in a For the purpose of providing additional allotments to States to provide coverage of all reach strategies for children under title XXI. quarter for providing child health assistance to uninsured children whose family income uninsured children (as defined in section ‘‘(B) For purposes of subparagraph (A), the exceeds 200 percent of the poverty line, shall 2111(b)) in the State under the State child outreach strategies described in this sub- be increased by 5 percentage points. health plan, there is appropriated, out of any paragraph are the following: ‘‘(b) UNINSURED CHILD DEFINED.— money in the Treasury not otherwise appro- ‘‘(i) PRESUMPTIVE ELIGIBILITY.—The State ‘‘(1) IN GENERAL.—For purposes of sub- priated— provides for presumptive eligibility for such section (a), subject to paragraph (2), the ‘‘(A) for fiscal years 2007, 2008, and 2009, individuals under this title and title XXI. term ‘uninsured child’ means an uncovered $3,000,000,000; ‘‘(ii) ADOPTION OF 12-MONTH CONTINUOUS ELI- child who has been without creditable cov- ‘‘(B) for fiscal year 2010, $5,000,000,000; and GIBILITY.—The State provides that eligibility erage for a period determined by the Sec- ‘‘(C) for fiscal year 2011, $7,000,000,000. for such individuals shall not be redeter- retary, except that such period shall not be ‘‘(2) STATE AND TERRITORIAL ALLOTMENTS.— mined more often than once every year less than 6 months. ‘‘(A) IN GENERAL.—In addition to the allot- under this title or under title XXI. ‘‘(2) SPECIAL RULE FOR NEWBORN CHIL- ments provided under subsections (b) and (c), ‘‘(iii) ELIMINATION OF ASSET TEST.—The DREN.—In the case of a child 12 months old or subject to subparagraph (B) and paragraphs State does not apply any asset test for eligi- younger, the period determined under para- (3) and (4), of the amount available for the bility under this title or title XXI with re- graph (1) shall be 0 months and such child additional allotments under paragraph (1) for spect to such individuals. shall be considered uninsured upon birth. a fiscal year, the Secretary shall allot to ‘‘(iv) PASSIVE RENEWAL.—The State pro- ‘‘(3) SPECIAL RULE FOR CHILDREN LOSING each State with a State child health plan vides for the automatic renewal of the eligi- MEDICAID OR SCHIP COVERAGE DUE TO IN- that provides coverage of all uninsured chil- bility of such individuals for assistance CREASED FAMILY INCOME.—In the case of a dren (as so defined) in the State approved under this title and under title XXI if the child who, due to an increase in family in- under this title— family of which such an individual is a mem- come, becomes ineligible for coverage under ‘‘(i) in the case of such a State other than ber does not report any changes to family in- title XIX or this title during the period be- a commonwealth or territory described in come or other relevant circumstances, sub- ginning on the date that is 12 months prior subsection (ii), the same proportion as the ject to verification of information from to the date of enactment of the All Kids proportion of the State’s allotment under State databases.’’. Health Insurance Coverage Act of 2005 and subsection (b) (determined without regard to (2) CONFORMING AMENDMENT.—The first sen- ending on the date of enactment of such Act, subsection (f)) to 98.95 percent of the total tence of section 1905(b) of the Social Secu- the period determined under paragraph (1) amount of the allotments under such section rity Act (42 U.S.C. 1396d(b)) is amended by shall be 0 months and such child shall be for such States eligible for an allotment striking ‘‘section 1933(d)’’ and inserting ‘‘sec- considered uninsured upon the date of enact- under this subparagraph for such fiscal year; tions 1902(l)(5) and 1933(d)’’. ment of the All Kids Health Insurance Cov- and erage Act of 2005. ‘‘(ii) in the case of a commonwealth or ter- (c) EFFECTIVE DATE.—The amendments ‘‘(4) MONITORING AND ADJUSTMENT OF PE- ritory described in subsection (c)(3), the made by this section take effect on October RIOD REQUIRED TO BE UNINSURED.—The Sec- same proportion as the proportion of the 1, 2006. retary shall— commonwealth’s or territory’s allotment

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.173 S16DEPT1 S13804 CONGRESSIONAL RECORD — SENATE December 16, 2005 under subsection (c) (determined without re- S. 2138. A bill to prohibit racial Numerous Government studies have gard to subsection (f)) to 1.05 percent of the profiling; to the Committee on the Ju- shown that racial profiling is entirely total amount of the allotments under such diciary. ineffective. Some police departments section for commonwealths and territories Mr. FEINGOLD. Mr. President, today around the country have recognized eligible for an allotment under this subpara- I will introduce the End Racial graph for such fiscal year. the many problems with racial Profiling Act of 2005. I am proud to be ‘‘(B) MINIMUM ALLOTMENT.— profiling. In response, those depart- ‘‘(i) IN GENERAL.—No allotment to a State joined again by my friend from New ments have developed programs and for a fiscal year under this subsection shall Jersey, Senator CORZINE, and a number policies to prevent racial profiling and be less than 50 percent of the amount of the of other cosponsors. It is fitting that comply with the Department of Jus- allotment to the State determined under this bill will be introduced in one of tice’s policy guidance. In my own State subsections (b) and (c) for the preceding fis- the final days of Senator CORZINE’s of Wisconsin, law enforcement officials cal year. service in this body. He has been a have taken steps to train police offi- ‘‘(ii) PRO RATA REDUCTIONS.—The Secretary major force in efforts to advance this cers, improve academy training, estab- shall make such pro rata reductions to the legislation from the day he joined the allotments determined under this subsection lish model policies prohibiting racial Senate 4 years ago. profiling, and improve relations with as are necessary to comply with the require- Ending racial profiling in America ments of clause (i). our State’s diverse communities. I ap- has been a priority for me for many ‘‘(C) AVAILABILITY AND REDISTRIBUTION OF plaud the efforts of Wisconsin law en- years. I worked with the senior Sen- UNUSED ALLOTMENTS.—In applying sub- forcement. This is excellent progress ator from New Jersey, Mr. LAUTEN- sections (e) and (f) with respect to additional and shows widespread recognition that BERG, back in 1999 on a bill to collect allotments made available under this sub- racial profiling harms our society. But section, the procedures established under statistics on racial profiling. In 2001, in like the DOJ policy guidance, local such subsections shall ensure such additional his first State of the Union address, programs don’t have the force of law allotments are only made available to States President Bush told the American peo- behind them. The Federal Government which have elected to provide coverage ple that ‘‘racial profiling is wrong and under section 2111. must step up, as President Bush prom- we will end it in America.’’ He asked ‘‘(3) USE OF ADDITIONAL ALLOTMENT.—Addi- ised. The Government must play a tional allotments provided under this sub- the Attorney General to implement a policy to end racial profiling. vital role in protecting civil rights and section are not available for amounts ex- acting as a model for State and local pended before October 1, 2005. Such amounts The Department of Justice released a Fact Sheet and Policy Guidance ad- law enforcement. are available for amounts expended on or Now, perhaps more than ever before, after such date for child health assistance dressing racial profiling in 2003, stating for uninsured children (as defined in section that racial profiling is wrong and inef- our Nation cannot afford to waste pre- 2111(b)). fective and perpetuates negative racial cious law enforcement resources or al- ‘‘(4) REQUIRING ELECTION TO PROVIDE COV- stereotypes in our country. Though ienate Americans by tolerating dis- ERAGE.—No payments may be made to a these guidelines are helpful, they do criminatory practices. It is past time State under this title from an allotment pro- not end racial profiling and they do not for Congress and the President to enact vided under this subsection unless the State comprehensive Federal legislation that has made an election to provide child health have the force of law. Unfortunately, more than 4 years after the President’s will end racial profiling once and for assistance for all uninsured children (as so all. defined) in the State, including such children ringing endorsement of our goal, racial In clear language, the End Racial whose family income exceeds 200 percent of profiling has not ended in this country. the poverty line.’’. I am proud today, therefore, to intro- Profiling Act of 2005 bans racial (2) CONFORMING AMENDMENTS.—Section 2104 duce the End Racial Profiling Act of profiling. It defines racial profiling in of the Social Security Act (42 U.S.C. 1397dd) 2005. This bill will do what the Presi- terms that are consistent with the De- is amended— dent promised; it will help America partment of Justice’s Policy Guidance. (A) in subsection (a), by inserting ‘‘subject achieve the goal of bringing an end to But this bill does more than prohibit to subsection (d),’’ after ‘‘under this sec- racial profiling. This bill bans racial and define racial profiling—it gives law tion,’’; enforcement agencies and officers the (B) in subsection (b)(1), by inserting ‘‘and profiling and requires Federal, State subsection (d)’’ after ‘‘Subject to paragraph and local law enforcement officers to tools necessary to end the harmful (4)’’; and take steps to end it. practice. For that reason, the End Ra- (C) in subsection (c)(1), by inserting ‘‘sub- Racial profiling is the practice by cial Profiling Act of 2005 is a pro-law ject to subsection (d),’’ after ‘‘for a fiscal which some law enforcement agents enforcement bill. year,’’. routinely stop African Americans, This bill will allow the Justice De- (d) EFFECTIVE DATE.—The amendments Latinos, Asian Americans, Arab Ameri- partment or individuals the ability to made by this section take effect on October cans and others simply because of their enforce the prohibition by filing a suit 1, 2006. race, ethnicity, national origin, or per- for injunctive relief. The bill would SEC. 7. REPEAL OF THE SCHEDULED PHASEOUT ceived religion. Reports in States from also require Federal, State, and local OF THE LIMITATIONS ON PERSONAL New Jersey to Florida, and Maryland law enforcement agencies to adopt EXEMPTIONS AND ITEMIZED DEDUC- TIONS. to Texas all show that African Ameri- policies prohibiting racial profiling, implement effective complaint proce- (a) IN GENERAL.—The Internal Revenue cans, Hispanics, and members of other Code of 1986 is amended— minority groups are being stopped by dures or create independent auditor (1) by striking subparagraphs (E) and (F) of some police far more often than their programs, implement disciplinary pro- section 151(d)(3), and share of the population and the crime cedures for officers who engage in the (2) by striking subsections (f) and (g) of rates for those racial categories. practice, and collect data on stops. In section 68. Passing this bill is even more urgent addition, it requires the Attorney Gen- (b) EFFECTIVE DATE.—The amendments after September 11, as we have seen ra- eral to report to Congress so Congress made by this section shall apply to taxable cial profiling used against Arab and and the American people can monitor years beginning after December 31, 2005. Muslim Americans or Americans per- whether the steps outlined in the bill (c) APPLICATION OF EGTRRA SUNSET.—The ceived to be Arab or Muslim. The Sep- to prevent and end racial profiling have amendments made by this section shall be subject to title IX of the Economic Growth tember 11 attacks were horrific, and I been effective. and Tax Relief Reconciliation Act of 2001 to share the determination of many Like the bills introduced in past Con- the same extent and in the same manner as Americans that finding those respon- gresses, this bill also authorizes the the provision of such Act to which such sible and preventing future attacks Attorney General to provide incentive amendment relates. should be this Nation’s top priority. grants to help law enforcement comply This is a challenge that our country with the ban on racial profiling, includ- By Mr. FEINGOLD (for himself, can and must meet. But we need im- ing funds to conduct training of police Mr. CORZINE, Mr. LAUTENBERG, proved intelligence and law enforce- officers or purchase in-car video cam- Mr. KENNEDY, Mr. DURBIN, Mr. ment. Making assumptions based on eras. KERRY, Mrs. BOXER, Mr. DODD, racial, ethnic, or religious stereotypes This year’s bill makes one significant Ms. CANTWELL, Ms. MIKULSKI, will not protect our nation from crime improvement to ERPA. In past pro- Mr. OBAMA, and Ms. STABENOW): and future terrorist attacks. posals, DOJ grants for State, local, and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.173 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13805 tribal law enforcement agencies were TITLE I—PROHIBITION OF RACIAL (7) Statistical evidence from across the tied to the agency having some kind of PROFILING country demonstrates that racial profiling is procedure for handling complaints of Sec. 101. Prohibition. a real and measurable phenomenon. racial profiling. This year, at the sug- Sec. 102. Enforcement. (8) As of November 15, 2000, the Department TITLE II—PROGRAMS TO ELIMINATE RA- of Justice had 14 publicly noticed, ongoing, gestion of experts in the field, the bill pattern or practice investigations involving requires law enforcement agencies to CIAL PROFILING BY FEDERAL LAW EN- FORCEMENT AGENCIES allegations of racial profiling and had filed 5 adopt either an administrative com- pattern or practice lawsuits involving alle- Sec. 201. Policies to eliminate racial plaint procedure or an independent gations of racial profiling, with 4 of those profiling. auditor program to be eligible for DOJ cases resolved through consent decrees. grants. The Attorney General must TITLE III—PROGRAMS TO ELIMINATE (9) A large majority of individuals sub- RACIAL PROFILING BY STATE, LOCAL, promulgate regulations that set out jected to stops and other enforcement activi- AND INDIAN TRIBAL LAW ENFORCE- ties based on race, ethnicity, national origin, the types of procedures and audit pro- MENT AGENCIES grams that will be sufficient. We be- or religion are found to be law abiding and Sec. 301. Policies required for grants. therefore racial profiling is not an effective lieve that the independent auditor op- Sec. 302. Administrative complaint proce- means to uncover criminal activity. tion will be preferable for many local dure or independent auditor (10) A 2001 Department of Justice report on law enforcement agencies. And such program required for grants. citizen-police contacts that occurred in 1999, programs have proven to be an effec- Sec. 303. Involvement of Attorney General. found that, although Blacks and Hispanics tive way to discourage racial profiling. Sec. 304. Data collection demonstration were more likely to be stopped and searched, Also, under this year’s bill, the Attor- project. they were less likely to be in possession of Sec. 305. Best practices development grants. ney General is required to conduct a 2- contraband. On average, searches and sei- Sec. 306. Authorization of appropriations. zures of Black drivers yielded evidence only year demonstration project to help law TITLE IV—DATA COLLECTION enforcement agencies with data collec- 8 percent of the time, searches and seizures Sec. 401. Attorney General to issue regula- of Hispanic drivers yielded evidence only 10 tion. tions. percent of the time, and searches and sei- Let me emphasize that local, State, Sec. 402. Publication of data. zures of White drivers yielded evidence 17 and Federal law enforcement agents Sec. 403. Limitations on publication of data. percent of the time. play a vital role in protecting the pub- TITLE V—DEPARTMENT OF JUSTICE (11) A 2000 General Accounting Office re- lic from crime and protecting the Na- REGULATIONS AND REPORTS ON RA- port on the activities of the United States tion from terrorism. The vast majority CIAL PROFILING IN THE UNITED Customs Service during fiscal year 1998 of law enforcement agents nationwide STATES found that— discharge their duties professionally Sec. 501. Attorney General to issue regula- (A) Black women who were United States tions and reports. citizens were 9 times more likely than White and without bias and we are all in- women who were United States citizens to be debted to them for their courage and TITLE VI—MISCELLANEOUS PROVISIONS x-rayed after being frisked or patted down; dedication. This bill should not be mis- Sec. 601. Severability. (B) Black women who were United States interpreted as a criticism of those who Sec. 602. Savings clause. citizens were less than half as likely as put their lives on the line for the rest SEC. 2. FINDINGS, PURPOSES, AND INTENT. White women who were United States citi- of us every day. Rather, it is a state- (a) FINDINGS.—Congress finds the fol- zens to be found carrying contraband; and ment that the use of race, ethnicity, lowing: (C) in general, the patterns used to select religion, or national origin in deciding (1) Federal, State, and local law enforce- passengers for more intrusive searches re- ment agents play a vital role in protecting sulted in women and minorities being se- which persons should be subject to the public from crime and protecting the Na- lected at rates that were not consistent with traffic stops, stops and frisks, question from terrorism. The vast majority of the rates of finding contraband. tioning, searches, and seizures is wrong law enforcement agents nationwide dis- (12) A 2005 report of the Bureau of Justice and ineffective, except where there is charge their duties professionally and with- Statistics of the Department of Justice on specific information linking persons of out bias. citizen-police contacts that occurred in 2002, a particular race, ethnicity, religion, (2) The use by police officers of race, eth- found that, although Whites, Blacks, and or national origin to a crime. nicity, national origin, or religion in decid- Hispanics were stopped by the police at the The provisions in this bill will help ing which persons should be subject to traffic same rate— stops, stops and frisks, questioning, (A) Blacks and Hispanics were much more restore the trust and confidence of the searches, and seizures is improper. likely to be arrested than Whites; communities that our law enforcement (3) In his address to a joint session of Con- (B) Hispanics were much more likely to be have pledged to serve and protect. That gress on February 27, 2001, President George ticketed than Blacks or Whites; confidence is crucial to our success in W. Bush declared that ‘‘racial profiling is (C) Blacks and Hispanics were much more stopping crime and in stopping ter- wrong and we will end it in America.’’. He di- likely to report the use or threatened use of rorism. The End Racial Profiling Act of rected the Attorney General to implement force by a police officer; 2005 is good for law enforcement and this policy. (D) Blacks and Hispanics were much more good for America. (4) In June 2003, the Department of Justice likely to be handcuffed than Whites; and issued a Policy Guidance regarding racial (E) Blacks and Hispanics were much more I urge the President to make good on profiling by Federal law enforcement agen- likely to have their vehicles searched than his pledge to end racial profiling, and I cies which stated: ‘‘Racial profiling in law Whites. urge my colleagues to join me in sup- enforcement is not merely wrong, but also (13) In some jurisdictions, local law en- porting the End Racial Profiling Act of ineffective. Race-based assumptions in law forcement practices, such as ticket and ar- 2005. enforcement perpetuate negative racial rest quotas and similar management prac- I ask unanimous consent that the stereotypes that are harmful to our rich and tices, may have the unintended effect of en- text of the bill be printed in the diverse democracy, and materially impair couraging law enforcement agents to engage our efforts to maintain a fair and just soci- in racial profiling. RECORD. ety.’’. (14) Racial profiling harms individuals sub- There being no objection, the bill was (5) The Department of Justice Guidance is jected to it because they experience fear, ordered to be printed in the RECORD, as a useful first step, but does not achieve the anxiety, humiliation, anger, resentment, and follows: President’s stated goal of ending racial cynicism when they are unjustifiably treated S. 2138 profiling in America, as— as criminal suspects. By discouraging indi- (A) it does not apply to State and local law viduals from traveling freely, racial profiling Be it enacted by the Senate and House of Rep- enforcement agencies; impairs both interstate and intrastate com- resentatives of the United States of America in (B) it does not contain a meaningful en- merce. Congress assembled, forcement mechanism; (15) Racial profiling damages law enforce- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (C) it does not require data collection; and ment and the criminal justice system as a (a) SHORT TITLE.—This Act may be cited as (D) it contains an overbroad exception for whole by undermining public confidence and the ‘‘End Racial Profiling Act of 2005’’ or immigration and national security matters. trust in the police, the courts, and the crimi- ‘‘ERPA’’. (6) Current efforts by State and local gov- nal law. (b) TABLE OF CONTENTS.—The table of con- ernments to eradicate racial profiling and (16) In the wake of the September 11, 2001, tents of this Act is as follows: redress the harms it causes, while also laud- terrorist attacks, many Arabs, Muslims, Sec. 1. Short title; table of contents. able, have been limited in scope and insuffi- Central and South Asians, and Sikhs, as well Sec. 2. Findings, purposes, and intent. cient to address this national problem. as other immigrants and Americans of for- Sec. 3. Definitions. Therefore, Federal legislation is needed. eign descent, were treated with generalized

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.098 S16DEPT1 S13806 CONGRESSIONAL RECORD — SENATE December 16, 2005 suspicion and subjected to searches and sei- strumentality of Federal, State, local, or In- TITLE I—PROHIBITION OF RACIAL zures based upon religion and national ori- dian tribal government. PROFILING gin, without trustworthy information link- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ SEC. 101. PROHIBITION. ing specific individuals to criminal conduct. has the same meaning as in section 103 of the No law enforcement agent or law enforce- Such profiling has failed to produce tangible Juvenile Justice and Delinquency Preven- ment agency shall engage in racial profiling. benefits, yet has created a fear and mistrust tion Act of 1974 (42 U.S.C. 5603)). SEC. 102. ENFORCEMENT. of law enforcement agencies in these com- (4) LAW ENFORCEMENT AGENCY.—The term (a) REMEDY.—The United States, or an in- munities. ‘‘law enforcement agency’’ means any Fed- dividual injured by racial profiling, may en- (17) Racial profiling violates the equal pro- eral, State, local, or Indian tribal public force this title in a civil action for declara- tection clause of the fourteenth amendment agency engaged in the prevention, detection, tory or injunctive relief, filed either in a to the Constitution of the United States. or investigation of violations of criminal, State court of general jurisdiction or in a Using race, ethnicity, religion, or national immigration, or customs laws. district court of the United States. origin as a proxy for criminal suspicion vio- (5) LAW ENFORCEMENT AGENT.—The term (b) PARTIES.—In any action brought under lates the constitutional requirement that po- ‘‘law enforcement agent’’ means any Fed- this title, relief may be obtained against— lice and other government officials accord to eral, State, local, or Indian tribal official re- (1) any governmental body that employed all citizens the equal protection of the law. sponsible for enforcing criminal, immigra- any law enforcement agent who engaged in Batson v. Kentucky, 476 U.S. 79 (1986); tion, or customs laws, including police offi- racial profiling; Palmore v. Sidoti, 466 U.S. 429 (1984). cers and other agents of a law enforcement (2) any agent of such body who engaged in (18) Racial profiling is not adequately ad- agency. racial profiling; and dressed through suppression motions in (6) RACIAL PROFILING.—The term ‘‘racial (3) any person with supervisory authority criminal cases for 2 reasons. First, the Su- profiling’’ means the practice of a law en- over such agent. preme Court held, in Whren v. United States, forcement agent or agency relying, to any (c) NATURE OF PROOF.—Proof that the rou- 517 U.S. 806 (1996), that the racially discrimi- degree, on race, ethnicity, national origin, or tine or spontaneous investigatory activities natory motive of a police officer in making religion in selecting which individual to sub- of law enforcement agents in a jurisdiction an otherwise valid traffic stop does not war- ject to routine or spontaneous investigatory have had a disparate impact on racial, eth- rant the suppression of evidence under the activities or in deciding upon the scope and nic, or religious minorities shall constitute fourth amendment to the Constitution of the substance of law enforcement activity fol- prima facie evidence of a violation of this United States. Second, since most stops do lowing the initial investigatory procedure, title. not result in the discovery of contraband, except when there is trustworthy informa- (d) ATTORNEY’S FEES.—In any action or there is no criminal prosecution and no evi- tion, relevant to the locality and timeframe, proceeding to enforce this title against any dence to suppress. that links a person of a particular race, eth- governmental unit, the court may allow a (19) A comprehensive national solution is nicity, national origin, or religion to an prevailing plaintiff, other than the United needed to address racial profiling at the Fed- identified criminal incident or scheme. States, reasonable attorney’s fees as part of eral, State, and local levels. Federal support (7) ROUTINE OR SPONTANEOUS INVESTIGA- the costs, and may include expert fees as is needed to combat racial profiling through TORY ACTIVITIES.—The term ‘‘routine or part of the attorney’s fee. specialized training of law enforcement spontaneous investigatory activities’’ means TITLE II—PROGRAMS TO ELIMINATE RA- agents, improved management systems, and the following activities by a law enforce- the acquisition of technology such as in-car CIAL PROFILING BY FEDERAL LAW EN- ment agent: FORCEMENT AGENCIES video cameras. (A) Interviews. (b) PURPOSES.—The purposes of this Act (B) Traffic stops. SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. are— (C) Pedestrian stops. (a) IN GENERAL.—Federal law enforcement (1) to enforce the constitutional right to (D) Frisks and other types of body agencies shall— equal protection of the laws, pursuant to the searches. (1) maintain adequate policies and proce- fifth amendment and section 5 of the four- (E) Consensual or nonconsensual searches dures designed to eliminate racial profiling; teenth amendment to the Constitution of the of the persons or possessions (including vehi- and United States; cles) of motorists or pedestrians. (2) cease existing practices that permit ra- (2) to enforce the constitutional right to (F) Inspections and interviews of entrants cial profiling. protection against unreasonable searches into the United States that are more exten- (b) POLICIES.—The policies and procedures and seizures, pursuant to the fourteenth sive than those customarily carried out. described in subsection (a)(1) shall include— amendment to the Constitution of the (G) Immigration related workplace inves- (1) a prohibition on racial profiling; United States; tigations. (2) training on racial profiling issues as (3) to enforce the constitutional right to (H) Such other types of law enforcement part of Federal law enforcement training; interstate travel, pursuant to section 2 of ar- encounters compiled by the Federal Bureau (3) the collection of data in accordance ticle IV of the Constitution of the United of Investigation and the Justice Depart- with the regulations issued by the Attorney States; and ments Bureau of Justice Statistics. General under section 401; (4) to regulate interstate commerce, pursu- (8) REASONABLE REQUEST.—The term ‘‘rea- (4) procedures for receiving, investigating, ant to clause 3 of section 8 of article I of the sonable request’’ means all requests for in- and responding meaningfully to complaints Constitution of the United States. formation, except for those that— alleging racial profiling by law enforcement (c) INTENT.—This Act is not intended to (A) are immaterial to the investigation; agents; and should not impede the ability of Federal, (B) would result in the unnecessary expo- (5) policies requiring that appropriate ac- State, and local law enforcement to protect sure of personal information; or tion be taken when law enforcement agents the country and its people from any threat, (C) would place a severe burden on the re- are determined to have engaged in racial be it foreign or domestic. sources of the law enforcement agency given profiling; and SEC. 3. DEFINITIONS. its size. (6) such other policies or procedures that In this Act: (9) UNIT OF LOCAL GOVERNMENT.—The term the Attorney General deems necessary to (1) COVERED PROGRAM.—The term ‘‘covered ‘‘unit of local government’’ means— eliminate racial profiling. program’’ means any program or activity (A) any city, county, township, town, bor- funded in whole or in part with funds made ough, parish, village, or other general pur- TITLE III—PROGRAMS TO ELIMINATE RA- available under— pose political subdivision of a State; CIAL PROFILING BY STATE, LOCAL, AND (A) the Edward Byrne Memorial State and (B) any law enforcement district or judi- INDIAN TRIBAL LAW ENFORCEMENT Local Law Enforcement Assistance Program cial enforcement district that— AGENCIES (part E of title I of the Omnibus Crime Con- (i) is established under applicable State SEC. 301. POLICIES REQUIRED FOR GRANTS. trol and Safe Streets Act of 1968 (42 U.S.C. law; and (a) IN GENERAL.—An application by a 3750 et seq.)); (ii) has the authority to, in a manner inde- State, a unit of local government, or a State, (B) the Edward Byrne Memorial Justice pendent of other State entities, establish a local, or Indian tribal law enforcement agen- Assistance Grant Program, as described in budget and impose taxes; cy for funding under a covered program shall appropriations Acts; and (C) any Indian tribe that performs law en- include a certification that such State, unit (C) the ‘‘Cops on the Beat’’ program under forcement functions, as determined by the of local government, or law enforcement part Q of title I of the Omnibus Crime Con- Secretary of the Interior; or agency, and any law enforcement agency to trol and Safe Streets Act of 1968 (42 U.S.C. (D) for the purposes of assistance eligi- which it will distribute funds— 3796dd et seq.), but not including any pro- bility, any agency of the government of the (1) maintains adequate policies and proce- gram, project, or other activity specified in District of Columbia or the Federal Govern- dures designed to eliminate racial profiling; section 1701(d)(8) of that Act (42 U.S.C. ment that performs law enforcement func- and 3796dd(d)(8)). tions in and for— (2) does not engage in any existing prac- (2) GOVERNMENTAL BODY.—The term ‘‘gov- (i) the District of Columbia; or tices that permit racial profiling. ernmental body’’ means any department, (ii) any Trust Territory of the United (b) POLICIES.—The policies and procedures agency, special purpose district, or other in- States. described in subsection (a)(1) shall include—

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.165 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13807 (1) a prohibition on racial profiling; the inquiry by the review board, if the re- Attorney General shall issue regulations for (2) training on racial profiling issues as view board determines that no violation has the operation of the administrative com- part of law enforcement training; occurred; plaint procedures and independent auditor (3) the collection of data in accordance (9) provide that the review board shall programs required under subsections (b) and with the regulations issued by the Attorney make a final determination with respect to a (c) of section 302. General under section 401; complaint in a reasonably timely manner; (2) GUIDELINES.—The regulations issued (4) procedures for receiving, investigating, (10) provide that a record of all complaints under paragraph (1) shall contain guidelines and responding meaningfully to complaints and proceedings be sent to the Civil Rights that ensure the fairness, effectiveness, and alleging racial profiling by law enforcement Division and the Bureau of Justice Statistics independence of the administrative com- agents, including procedures that allow a of the Department of Justice; plaint procedures and independent auditor complaint to be made through any of the (11) provide that no published information programs. methods described in section 302(b)(2); shall reveal the identity of the law enforce- (b) NONCOMPLIANCE.—If the Attorney Gen- (5) mechanisms for providing information ment officer, the complainant, or any other eral determines that the recipient of any to the public relating to the administrative individual who is involved in a detention; covered grant is not in compliance with the complaint procedure or independent auditor and requirements of section 301 or 302 or the reg- program established under section 302; (12) otherwise operate in a manner con- ulations issued under subsection (a), the At- (6) policies requiring that appropriate ac- sistent with regulations promulgated by the torney General shall withhold, in whole or in tion be taken when law enforcement agents Attorney General under section 303. part, funds for 1 or more covered grants, are determined to have engaged in racial (c) REQUIREMENTS FOR INDEPENDENT AUDI- until the grantee establishes compliance. profiling; and TOR PROGRAM.—To meet the requirements of (c) PRIVATE PARTIES.—The Attorney Gen- (7) such other policies or procedures that this subsection, an independent auditor pro- eral shall provide notice and an opportunity the Attorney General deems necessary to gram shall— for private parties to present evidence to the eliminate racial profiling. (1) provide for the appointment of an inde- Attorney General that a grantee is not in (c) EFFECTIVE DATE.—This section shall pendent auditor who is not a sworn officer or compliance with the requirements of this take effect 12 months after the date of enact- employee of a law enforcement agency; title. ment of this Act. (2) provide that the independent auditor be given staff and resources sufficient to per- SEC. 304. DATA COLLECTION DEMONSTRATION SEC. 302. ADMINISTRATIVE COMPLAINT PROCE- PROJECT. DURE OR INDEPENDENT AUDITOR form the duties of the independent auditor (a) IN GENERAL.—The Attorney General PROGRAM REQUIRED FOR GRANTS. program under this section; shall, through competitive grants or con- (a) ESTABLISHMENT OF ADMINISTRATIVE (3) provide that the independent auditor be tracts, carry out a 2-year demonstration COMPLAINT PROCEDURE OR INDEPENDENT given full access to all relevant documents project for the purpose of developing and im- AUDITOR PROGRAM.—An application by a and data of a law enforcement agency; plementing data collection on hit rates for State or unit of local government for funding (4) require the independent auditor to in- stops and searches. The data shall be under a covered program shall include a cer- form the Attorney General when a law en- disaggregated by race, ethnicity, national tification that the applicant has established forcement agency fails to comply with a re- origin, and religion. and is maintaining, for each law enforcement quest for information under this subsection; (b) COMPETITIVE AWARDS.—The Attorney agency of the applicant, either— (5) require the independent auditor to issue General shall provide not more than 5 grants (1) an administrative complaint procedure a public report each year that— or contracts to police departments that— that meets the requirements of subsection (A) addresses the efforts of each law en- (1) are not already collecting data volun- (b); or forcement agency of the State or unit of tarily or otherwise; and (2) an independent auditor program that local government to combat racial profiling; (2) serve communities where there is a sig- meets the requirements of subsection (c). and nificant concentration of racial or ethnic mi- (b) REQUIREMENTS FOR ADMINISTRATIVE (B) recommends any necessary changes to norities. COMPLAINT PROCEDURE.—To meet the re- the policies and procedures of any law en- (c) REQUIRED ACTIVITIES.—Activities car- quirements of this subsection, an adminis- forcement agency; ried out under subsection (b) shall include— trative complaint procedure shall— (6) require that each law enforcement (1) developing a data collection tool; (1) allow any person who believes there has agency issue a public response to each report (2) training of law enforcement personnel been a violation of section 101 to file a com- issued by the auditor under paragraph (5); on data collection; plaint; (7) provide that the independent auditor, (3) collecting data on hit rates for stops (2) allow a complaint to be made— upon determining that a law enforcement and searches; and (A) in writing or orally; agency is not in compliance with this Act, (4) reporting the compiled data to the At- (B) in person or by mail, telephone, fac- shall forward the public report directly to torney General. simile, or electronic mail; and the Attorney General; (d) EVALUATION.—Not later than 3 years (C) anonymously or through a third party; (8) provide that the independent auditor after the date of enactment of this Act, the (3) require that the complaint be inves- shall engage in community outreach on ra- Attorney General shall enter into a contract tigated and heard by an independent review cial profiling issues; and with an institution of higher education to board that— (9) otherwise operate in a manner con- analyze the data collected by each of the 5 (A) is located outside of any law enforce- sistent with regulations promulgated by the sites funded under this section. ment agency or the law office of the State or Attorney General under section 303. (e) AUTHORIZATION OF APPROPRIATIONS.— unit of local government; (d) LOCAL USE OF STATE COMPLAINT PROCE- (B) includes, as at least a majority of its DURE OR INDEPENDENT AUDITOR PROGRAM.— There are authorized to be appropriated to members, individuals who are not employees (1) IN GENERAL.—A State shall permit a carry out activities under this section— of the State or unit of local government; unit of local government within its borders (1) $5,000,000, over a 2-year period for a (C) does not include as a member any indi- to use the administrative complaint proce- demonstration project on 5 sites; and vidual who is then serving as a law enforce- dure or independent auditor program it es- (2) $500,000 to carry out the evaluation in ment agent; tablishes under this section. subsection (d). (D) possesses the power to request all rel- (2) EFFECT OF USE.—A unit of local govern- SEC. 305. BEST PRACTICES DEVELOPMENT evant information from a law enforcement ment shall be deemed to have established GRANTS. agency; and and maintained an administrative complaint (a) GRANT AUTHORIZATION.—The Attorney (E) possesses staff and resources sufficient procedure or independent auditor program General, through the Bureau of Justice As- to perform the duties assigned to the inde- for purposes of this section if the unit of sistance, may make grants to States, law en- pendent review board under this subsection; local government uses the administrative forcement agencies, and units of local gov- (4) provide that the law enforcement agen- complaint procedure or independent auditor ernment to develop and implement best cy shall comply with all reasonable requests program of either the State in which it is lo- practice devices and systems to eliminate ra- for information in a timely manner; cated, or another unit of local government in cial profiling. (5) require the review board to inform the the State in which it is located. (b) USE OF FUNDS.—The funds provided Attorney General when a law enforcement (e) EFFECTIVE DATE.—This section shall go under subsection (a) may be used for— agency fails to comply with a request for in- into effect 12 months after the date of enact- (1) the development and implementation of formation under this subsection; ment of this Act. training to prevent racial profiling and to (6) provide that a hearing be held, on the SEC. 303. INVOLVEMENT OF ATTORNEY GEN- encourage more respectful interaction with record, at the request of the complainant; ERAL. the public; (7) provide for an appropriate remedy, and (a) REGULATIONS.— (2) the acquisition and use of technology to publication of the results of the inquiry by (1) IN GENERAL.—Not later than 6 months facilitate the collection of data regarding the review board, if the review board deter- after the date of enactment of this Act and routine investigatory activities sufficient to mines that a violation of section 101 has oc- in consultation with stakeholders, including permit an analysis of these activities by curred; Federal, State, and local law enforcement race, ethnicity, national origin, and religion; (8) provide that the review board shall dis- agencies and community, professional, re- (3) the analysis of data collected by law en- miss the complaint and publish the results of search, and civil rights organizations, the forcement agencies to determine whether

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.165 S16DEPT1 S13808 CONGRESSIONAL RECORD — SENATE December 16, 2005 the data indicate the existence of racial (A) analyze the data for any statistically SEC. 602. SAVINGS CLAUSE. profiling; significant disparities, including— Nothing in this Act shall be construed to (4) the acquisition and use of technology to (i) disparities in the percentage of drivers limit legal or administrative remedies under verify the accuracy of data collection, in- or pedestrians stopped relative to the propor- section 1979 of the Revised Statutes of the cluding in-car video cameras and portable tion of the population passing through the United States (42 U.S.C. 1983), section 210401 computer systems; neighborhood; of the Violent Crime Control and Law En- (5) the development and acquisition of (ii) disparities in the percentage of false forcement Act of 1994 (42 U.S.C. 14141), the early warning systems and other feedback stops relative to the percentage of drivers or Omnibus Crime Control and Safe Streets Act systems that help identify officers or units pedestrians stopped; and of 1968 (42 U.S.C. 3701 et seq.), and title VI of of officers engaged in, or at risk of engaging (iii) disparities in the frequency of the Civil Rights Act of 1964 (42 U.S.C. 2000d et in, racial profiling or other misconduct, in- searches performed on minority drivers and seq.). cluding the technology to support such sys- the frequency of searches performed on non- Mr. CORZINE. Mr. President, I rise tems; minority drivers; and to in support of the End Racial (6) the establishment or improvement of (B) not later than 3 years after the date of Profiling Act a bill being introduced systems and procedures for receiving, inves- enactment of this Act, and annually there- today by Senators FEINGOLD, OBAMA tigating, and responding meaningfully to after, prepare a report regarding the findings and myself. This bill addresses an issue complaints alleging racial, ethnic, or reli- of the analysis conducted under subpara- gious bias by law enforcement agents; graph (A) and provide the report to Congress that is critical to the people of my (7) the establishment or improvement of and make the report available to the public, home State of New Jersey and to all management systems to ensure that super- including on a website of the Department of Americans. visors are held accountable for the conduct Justice. I start by recognizing two of my col- of their subordinates; and SEC. 402. PUBLICATION OF DATA. leagues with whom I have been work- (8) the establishment and maintenance of The Bureau of Justice Statistics shall pro- ing to address the problem of racial an administrative complaint procedure or vide to Congress and make available to the profiling. Senator RUSS FEINGOLD has independent auditor program under section public, together with each annual report de- been a tremendous leader on this issue 302. scribed in section 401, the data collected pur- he held the first Senate hearings on ra- (c) EQUITABLE DISTRIBUTION.—The Attor- suant to this Act. cial profiling in 2001, and he and his ney General shall ensure that grants under SEC. 403. LIMITATIONS ON PUBLICATION OF this section are awarded in a manner that re- DATA. staff have worked tirelessly to elevate serves an equitable share of funding for The name or identifying information of a the importance of this issue as a mat- small and rural law enforcement agencies. law enforcement officer, complainant, or any ter of civil rights. I also want to recog- (d) APPLICATION.—Each State, local law en- other individual involved in any activity for nize Senator OBAMA he has been a con- forcement agency, or unit of local govern- which data is collected and compiled under stant champion of efforts to combat ra- ment desiring a grant under this section this Act shall not be— cial profiling. Senator OBAMA took the shall submit an application to the Attorney (1) released to the public; lead in writing one of the Nation’s General at such time, in such manner, and (2) disclosed to any person, except for such accompanied by such information as the At- disclosures as are necessary to comply with most innovative pieces of legislation torney General may reasonably require. this Act; on the collection of racial profiling SEC. 306. AUTHORIZATION OF APPROPRIATIONS. (3) subject to disclosure under section 552 data when he was in the Illinois State There are authorized to be appropriated of title 5, United States Code (commonly Senate, and he has been equally com- such sums as are necessary to carry out this know as the Freedom of Information Act). mitted to the issue since joining the title. TITLE V—DEPARTMENT OF JUSTICE REG- U.S. Senate. Both Senators FEINGOLD TITLE IV—DATA COLLECTION ULATIONS AND REPORTS ON RACIAL and OBAMA have worked tirelessly to SEC. 401. ATTORNEY GENERAL TO ISSUE REGU- PROFILING IN THE UNITED STATES make the bill we are introducing today LATIONS. SEC. 501. ATTORNEY GENERAL TO ISSUE REGU- a reality. (a) REGULATIONS.—Not later than 6 months LATIONS AND REPORTS. Racial profiling is anathema to the after the enactment of this Act, the Attor- (a) REGULATIONS.—In addition to the regu- principles on which our Nation was ney General, in consultation with stake- lations required under sections 303 and 401, the Attorney General shall issue such other founded, sowing division within our holders, including Federal, State, and local communities and striking at the heart law enforcement agencies and community, regulations as the Attorney General determines are necessary to implement this Act. of our democratic values. professional, research, and civil rights orga- Stopping people on our highways, our nizations, shall issue regulations for the col- (b) REPORTS.— lection and compilation of data under sec- (1) IN GENERAL.—Not later than 2 years streets, and at our borders because of tions 201 and 301. after the date of enactment of this Act, and the color of their skin is simply wrong, (b) REQUIREMENTS.—The regulations issued each year thereafter, the Attorney General and it is incompatible with the funda- under subsection (a) shall— shall submit to Congress a report on racial mental American belief in fairness, jus- (1) provide for the collection of data on all profiling by law enforcement agencies. tice, and equal protection under the routine or spontaneous investigatory activi- (2) SCOPE.—Each report submitted under paragraph (1) shall include— law. ties; Every American is entitled to equal (2) provide that the data collected shall— (A) a summary of data collected under sections 201(b)(3) and 301(b)(1)(C) and from any protection under the law. Our Con- (A) be collected by race, ethnicity, na- stitution tolerates nothing less, and we tional origin, gender, and religion, as per- other reliable source of information regard- ceived by the law enforcement officer; ing racial profiling in the United States; should demand nothing less. (B) include the date, time, and location of (B) a discussion of the findings in the most There is no equal protection there is the investigatory activities; and recent report prepared by the Bureau of Jus- no equal justice if law enforcement (C) include detail sufficient to permit an tice Statistics under section 401(a)(8); agencies engage in policies and prac- analysis of whether a law enforcement agen- (C) the status of the adoption and imple- tices that are premised on a theory cy is engaging in racial profiling; mentation of policies and procedures by Fed- that the way to stop crime is to go eral law enforcement agencies under section (3) provide that a standardized form shall after minorities on the hunch that be made available to law enforcement agen- 201; (D) the status of the adoption and imple- they are more likely to be criminals. cies for the submission of collected data to Let me add that not only is racial the Department of Justice; mentation of policies and procedures by (4) provide that law enforcement agencies State and local law enforcement agencies profiling wrong, it is simply not an ef- shall compile data on the standardized form under sections 301 and 302; and fective law enforcement tool. There is created under paragraph (3), and submit the (E) a description of any other policies and no evidence that stopping people of form to the Civil Rights Division and the Bu- procedures that the Attorney General be- color adds up to catching the ‘‘bad reau of Justice Statistics of the Department lieves would facilitate the elimination of ra- guys.’’ of Justice; cial profiling. In fact, empirical evidence shows (5) provide that law enforcement agencies TITLE VI—MISCELLANEOUS PROVISIONS that singling out Black motorists or shall maintain all data collected under this SEC. 601. SEVERABILITY. Hispanic motorists for stops and Act for not less than 4 years; If any provision of this Act or the applica- searches doesn’t lead to a higher per- (6) include guidelines for setting compara- tion of such provision to any person or cir- tive benchmarks, consistent with best prac- cumstance is held to be unconstitutional, centage of arrests because minority tices, against which collected data shall be the remainder of this Act and the applica- motorists are no more likely to break measured; and tion of the provisions of this Act to any per- the law than white motorists. (7) provide that the Bureau of Justice Sta- son or circumstance shall not be affected What is more, the practice of racial tistics shall— thereby. profiling actually undermines public

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.165 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13809 safety, by contributing to the percep- work. And we will provide law enforce- States has condemned racial profiling tion in minority neighborhoods that ment agencies with the information in his State of the Union address. the criminal justice system is unfair, they need to detect problems early on. There is a broad and bipartisan con- and eroding the trust between commu- Our bill directs the Attorney General sensus that it is an unfair and destruc- nities and the police that is so essen- to develop standards for data collection tive practice. And yet we have failed to tial to effective law enforcement. and instructs the Attorney General to act. Nonetheless, racial profiling persists. consult with law enforcement and In the meantime, racial profiling has Unfortunately, the practice is real other stakeholders in developing those continued to breed humiliation, anger, and widespread throughout the Nation. standards. It also specifically directs resentment, and cynicism throughout A 2005 report of the Department of the Attorney General to establish this country. Justice found that Blacks and His- standards for setting benchmarks It has weakened respect for the law panics throughout the Nation were against which the collected data should by everyone, not just those offended. much more likely to be handcuffed and be measured so that no data is taken Simply put it is wrong and we must have their cars searched by law en- out of context, as some in law enforce- finally end it. Today we pledge to do forcement during traffic stops, even ment rightly fear. Finally, we will re- just that to define it, to ban it, and to though they were less likely to be har- quire the Bureau of Justice Statistics enforce this ban. boring contraband. in the Department of Justice to ana- By Mr. ROCKEFELLER (for him- A Government Accountability Office lyze these statistics on an annual basis self and Ms. SNOWE): report on the U.S. Customs Service reso that the Nation can gauge the suc- S. 2139. A bill to amend the Internal leased in March 2000 found that Black, cess of its efforts to combat this corro- Revenue Code of 1986 to simplify the Asian, and Hispanic women were four sive practice. earned income tax credit eligibility re- to nine times more likely than White Finally, we will encourage a change quirements regarding filing status, women to be subjected to xrays after in law enforcement culture through the presence of children, investment in- being frisked or patted down. use of the carrot and the stick. come, and work and immigrant status; But on the basis of the xray results, First, the carrot: We recognize that to the Committee on Finance. Black women were less than half as law enforcement shouldn’t be expected Mr. ROCKEFELLER. Mr. President, likely as White women to be found car- to do this alone. So this bill says that today I am pleased to introduce the rying contraband. if you do the job right fairly and equi- Earned Income Tax Credit Simplifica- This is law enforcement by hunch. No tably you are eligible to receive devel- tion Act. This legislation will greatly warrants. No probable cause. opment grants to help pay for the fol- improve one of our Nation’s most im- And what is the hunch based on? lowing: Advanced training programs; portant antipoverty programs and Race, ethnicity, national origin, or computer technology to help collect streamline one of the most com- religion plain and simple. And that is data and statistics; video cameras and plicated sections of our income tax plain wrong. recorders for patrol cars; establishing code. And I am extremely pleased that Now—we know that many law en- or improving systems for handling my good friend from Maine, Senator forcement agencies, including some complaints alleging ethnic or racial OLYMPIA SNOWE, has agreed to be an from my home state, have acknowl- profiling; and establishing manage- original cosponsor of this bill. I look edged the danger of the practice and ment systems to ensure that super- forward to working with her, as mem- have taken steps to combat it. I com- visors are held accountable for the con- bers of the Senate Finance Committee, mend them for their efforts. duct of subordinates. to enact this important tax simplifica- That said, it is clear that this is a na- Further, we will direct the Attorney tion proposal. tional problem that requires a Federal General to conduct a demonstration In 2003, almost 21 million hard-work- response applicable to all. project that will give grants to police ing Americans benefited from the Our legislation is a strong but meas- departments to help them collect ra- earned income tax credit, including ured response to the destructive prob- cial profiling data and then work with 141,707 in my own State of West Vir- lem of racial profiling. an institution of higher learning to ginia. Many of those serving in our First, it defines racial profiling and analyze the collect data. Armed Forces benefit from the EITC. bans it. But if law enforcement agencies The EITC rewards hard work and helps Racial profiling is defined in the bill don’t do the job right, there is also the these families make ends meet. How- to include routine or spontaneous in- stick. Our bill will require law enforce- ever, the eligibility criteria for claim- vestigatory stops based on race, eth- ment agencies to put in place proce- ing the credit are so complicated that nicity, national origin, or religion. dures to receive and investigate com- many people legitimately entitled to This conduct is wrong and must be plaints alleging racial profiling. The benefit from the credit do not even re- stopped. The President and the Attor- bill gives the law enforcement agencies alize it. And unfortunately, too many ney General have said just that. The the flexibility and the options to adopt erroneous claims occur. The tax credit legislation would be the first Federal the procedures that best fit the needs should not be so complicated that cash- statute to prohibit this practice at the of their local communities. Further, strapped families need the help of an Federal, State, and local level. the bill permits localities to cooperate accountant to file their taxes. To guarantee that the statute does with other communities and with the The Earned Income Tax Credit Sim- not impede legitimate and responsible State in which they are located to de- plification Act would make four impor- policing, the statute is careful to ex- velop shared procedures to invest ra- tant changes to the eligibility require- clude from the ban on racial profiling cial profiling problems in the commu- ments of the credit. First, it would those cases where there is trustworthy nity. simplify the ‘‘abandoned spouse’’ rule information that links a person of a If State and local law enforcement so that custodial parents who are sepa- particular race, ethnicity, national ori- agencies refuse to implement proce- rated but not divorced would be able to gin, or religion to a particular crime. dures to end and prevent profiling, claim the credit. Second, it would Our bill also gives the ban on racial they will be subject to a loss of Federal allow a taxpayer living in the same profiling teeth by allowing the Depart- law enforcement funds. house with a qualifying child but not ment of Justice or an individual Let me be clear this bill is not about claiming that child for the EITC ben- harmed by racial profiling to obtain blaming law enforcement. Most law en- efit to qualify for EITC benefits avail- declaratory or injunctive relief from a forcement officers discharge their du- able to taxpayers without children. court if the Government does not take ties responsibly. But stopping people Third, the bill would eliminate the steps to end racial profiling. based solely on race, ethnicity, na- qualifying investment income test for Next, the statute will require the col- tional origin, or religion will be out- EITC claimants. Finally, the bill would lection of statistical data to measure lawed. make sure that only immigrants who whether progress is being made. By col- We have introduced two bills in the comply with all of the immigration lecting this data we will get a fair and last 5 years to eliminate racial rules would qualify for the EITC, pre- honest picture of law enforcement at profiling. The President of the United venting people who are not allowed to

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.099 S16DEPT1 S13810 CONGRESSIONAL RECORD — SENATE December 16, 2005 work in the United States from claim- First, section 2257 defines actual sex- ongoing victimization and exploi- ing the credit. ually explicit conduct too narrowly, in- tation. These are commonsense reforms corporating only four of the five. part For that reason, our bill provides based on recommendations in the budg- definition found right next door in the both a substantive definition of that et submitted to Congress by the Bush definitional section 2256. important term, ‘‘produces,’’ and lists administration. I hope that they can be Our bill makes these definitions con- five targeted exceptions, five specific enacted quickly so that taxpayers sistent. categories of those who are not in- whom Congress intended to help with Second, and more importantly, while cluded in this definition. the EITC will be able to claim the ben- Federal law prohibits using children to The definition includes obvious ac- efits without unnecessary and intimi- make depictions of either actual or tivities such as filming or dating paperwork. I look forward to simulated sexually explicit conduct, photographing someone but also activi- working with my colleagues to enact section 2257 applies only to those who ties such as duplicating or reissuing this legislation. produce depictions of actual conduct. images for commercial distribution. Our bill applies the same record- It also includes managing the sexu- BY Mr. HATCH (for himself and keeping requirements to those who ally explicit content of a computer Mr. BROWNBACK): produce depictions of simulated con- site. S. 2140. A bill to enhance protection duct. At the same time, our bill does not of children from sexual exploitation by The purpose is obvious. include in the definition of the term strengthening section 2257 of title 18, If you produce sexually explicit ma- ‘‘produces’’ activities that do not in- United States Code, requiring pro- terial, you have to keep age-related volve the hiring, managing, or arrang- ducers of sexually explicit material to records. ing for the performers’ participation. keep and permit inspection of records Period. It exempts provision of Web-hosting regarding the age of performers, and Third, while section 2257 requires services when the provider does not for other purposes; to the Committee maintaining records and making them manage sexually explicit content. on the Judiciary. available for inspection, it only makes In strengthening section 2257, the bill Mr. HATCH. Mr. President, joined by we are introducing today meets three my friend from Kansas, Senator unlawful failure to maintain the records. important objectives. BROWNBACK, I am today introducing This implies that while making these First and foremost, this bill will the Protecting Children from Sexual make the recordkeeping statute a more Exploitation Act of 2005. important records available for inspection is a duty, refusing to do so is not effective tool for protecting children This bill will strengthen an impor- from sexual exploitation. tant tool for protecting children from a crime. Our bill corrects that error by explic- Second, our bill strengthens the rec- the exploitation of child pornography. ordkeeping statute while minimizing Pornography is devastating commu- itly stating that refusal to permit inspection of these records is also a unintended consequences. nities, families, and individual lives. I mentioned the care with which our On November 10, the Senator from crime. bill defines key terms such as ‘‘pro- Kansas chaired a hearing in the Judici- Eliminating such ambiguity is very important. duces.’’ ary Subcommittee on the Constitution Our bill also places the extension of Maintaining records is necessary, but titled ‘‘Why the Government Should recordkeeping requirements regarding not sufficient, to ensure that children Care About Pornography.’’ depictions of simulated material in a Witnesses at that hearing included are not being exploited. separate section 2257A. authors and researchers documenting Because inspection of those records This step responded to a legitimate the devastation wrought by pornog- makes the circle of protection com- concern by the motion picture indus- raphy. plete, we must make crystal clear that Children are pornography’s most vul- try. refusal to permit inspections is a Third, our bill strengthens the rec- nerable and most devastated victims. crime. Abusing children through early expo- ordkeeping statute in ways that make Fourth, the definition in section 2257 it a more workable and practical tool sure to pornography has lifelong ef- of what it means to produce sexually fects. for the prosecutors who have to use it. explicit material is inadequate. I believe that as the Congress deals Even worse, however, is the actual That definition must be guided by use of children to make sexually ex- with this difficult issue, we must keep the nature of the harm that flows from all three of these objectives in mind. plicit material. this kind of sexual exploitation. This is perhaps the worst form of sex- Some might want to create a draco- Filming or taking a picture of a child nian statute that sweeps too broadly. ual exploitation because the abuse only engaged in sexually explicit conduct is begins with its production. Others may want to water down the certainly sexual exploitation by itself. statute in ways that create obstacles Children lack the maturity to choose But the abuse does not end there. participation in that activity and to for prosecutors and make the statute Those whose actions constitute links ineffective. accept its aftermath. in the chain of exploitation must be Everyone who intentionally copies, My bill strengthens this important covered by this recordkeeping statute distributes, advertises, purchases, or tool for protecting children without if it is to be an effective tool to protect consumes sexually explicit material in- sweeping too broadly and without volving children should be held respon- children. needlessly hobbling prosecutors. My friend from Kansas, Senator sible as part of the ongoing chain of ex- Finally, let me say just a few things ploitation. BROWNBACK, graciously allowed me to about the process leading up to intro- For this compelling reason, Federal participate in the latest hearing in his duction of this bill today. law prohibits using children to produce subcommittee on the effects of pornog- Two versions of this bill have been visual depictions of either actual or raphy. introduced in the other body, most re- simulated sexually explicit conduct. Witnesses highlighted how new tech- cently last week as title VI of H.R.4472, As an additional deterrent to this ab- nology can magnify those effects. the Children’s Safety and Violent horrent practice, Federal law also re- While the Internet can be a powerful Crime Reduction Act of 2005. quires those who produce sexually ex- tool for good, it can also be an insid- Representatives of the motion pic- plicit material to keep records regard- ious tool for evil. ture industry and Internet companies ing the age of performers and to make It can compound the sexual exploi- have been working with us to refine those records available for inspection. tation of children by disseminating and this legislation. That recordkeeping statute is found commercializing child pornography. I also commend my colleagues in the in the United States Code in section And while we all know how difficult House, Representative MIKE PENCE and 2257 of title 18. it is for sound public policy to keep Chairman JIM SENSENBRENNER, for Section 2257 is inadequate for its cru- pace with developing and changing their leadership on this issue. cial task and the bill I introduce today technology, failing to do so in this area In addition, the Department of Jus- strengthens it in four ways. leaves children even more exposed to tice has provided valuable input in this

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.100 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13811 process. I applaud Attorney General growing industry. We have a duty to Resolved, That the Senate— Gonzales for making the prosecution of protect the weakest members of our so- (1) designates the week of November 6 obscenity, child pornography, and ciety from exploitation and abuse. I be- through November 12, 2005, as ‘‘National Ra- other forms of child exploitation a real lieve this bill is the first step in that diation Protection Professionals Week’’; (2) encourages all citizens to— priority. fight. (A) recognize the importance of radiation I understand that the Attorney Gen- First, this bill will expand record- protection professionals; and eral today announced arrests in several keeping requirements to those who (B) recognize the valuable resource pro- States as part of its Innocence Lost produce soft-core, or simulated, por- vided by professional scientific organiza- initiative against child prostitution. nography. Current law only requires tions, such as— I want to be very clear here. that records be kept by producers of (i) the Conference of Radiation Control Those who produce either actual or hardcore, or actual, pornography. Program Directors; simulated sexually explicit material Under this language, producers will (ii) the Health Physics Society; (iii) the Organization of Agreement States; are breaking the law if that material now be required to verify the ages of (iv) the American Academy of Health depicts children. their actors and keep records of such Physics; The primary goal of protecting those information, regardless of whether the (v) the National Registry of Radiation Pro- children from such exploitation re- material they produce contains actual tection Technologists; and quires that all producers of sexually sexual activity or only a simulation of (C) the American Association of Physicists explicit material must keep age-re- such activity. Further, this bill will re- in Medicine; and lated records, make those records quire producers of such materials to (3) recognizes the tremendous contribu- available for inspection, and face disclose such records to the Attorney tions that radiation protection professionals criminal penalties if they refuse. and their organizations have made for the General for inspection. It will make re- betterment of the United States and the We have taken several concrete steps fusal to permit inspection of such world. to respond to legitimate concerns from records a crime. This will be effective f the motion picture industry and Inter- not only as a tool in prosecutions as a net companies. means of deterrence. Producers will be SENATE RESOLUTION 336—TO CON- We have already modified our bill less likely to use child actors if they DEMN THE HARMFUL, DESTRUC- several times and in several ways as a know they may be required to disclose TIVE, AND ANTI-SEMITIC STATE- response to our meetings with the De- the ages of their actors. MENTS OF MAHMOUD partment of Justice and affected par- Today, recordkeeping requirements AHMADINEJAD, THE PRESIDENT ties. apply only to ‘‘actual’’ sexual conduct, OF IRAN, AND TO DEMAND AN We remain open to making further leaving a loophole for soft-core pornog- APOLOGY FOR THOSE STATE- refinements in this language if it will raphy. Such material is no less dam- MENTS OF HATE AND ANIMOS- strengthen the bill. aging to children than hardcore por- ITY TOWARDS ALL JEWISH PEO- But that process of compromise must nography and recordkeeping and dis- PLE OF THE WORLD stop if it undermines the primary ob- closure requirements must apply to Mr. SANTORUM (for himself, Mr. jective of protecting children from sex- this material as well. This bill will BROWNBACK, Ms. MIKULSKI, Ms. ual exploitation or begins to make the close the current loophole. STABENOW, Mr. CHAMBLISS, Mr. NELSON statute unenforceable or feckless. Again, I appreciate the leadership of of Florida, Mr. COLEMAN, Mr. BOND, I hope that those who are affected by Senator HATCH, and I hope my col- Mrs. DOLE, Mr. LAUTENBERG, Mr. this legislation and have participated leagues will join us passing this legisla- LIEBERMAN, Mr. SMITH, Mr. NELSON of in helping us craft this bill will dem- tion to protect children from victim- Nebraska, Mr. DEWINE, Mr. VITTER, Mr. onstrate their concern for protecting ization and abuse. ISAKSON, Mr. TALENT, Mr. STEVENS, Mr. children by supporting this f MARTINEZ, Mr. VOINOVICH, Mr. ROCKE- straighforward and commonsense bill. FELLER, and Mrs. FEINSTEIN) submitted SUBMITTED RESOLUTIONS Again, I want to thank my friend the following resolution; which was re- from Kansas for joining me in cospon- ferred to the Committee on Foreign soring this bill and for his efforts in SENATE RESOLUTION 335—HON- Relations: this area. ORING MEMBERS OF THE RADI- S. RES. 336 I hope all my colleagues will join us ATION PROTECTION PROFESSION Whereas Mahmoud Ahmadinejad, the in strengthening this tool for pro- BY DESIGNATING THE WEEK OF President of Iran, declared in an October 26, tecting children. NOVEMBER 6 THROUGH NOVEM- 2005, address at the World Without Zionism BER 12, 2005, AS ‘‘NATIONAL RA- conference in Tehran that ‘‘the new wave Mr. BROWNBACK. Mr. President, I that has started in Palestine, and we witness applaud my colleague from Utah for DIATION PROTECTION PROFES- it in the Islamic World too, will eliminate helping lead the fight against child SIONALS WEEK.’’ this disgraceful stain from the Islamic pornography. This is an issue upon Mr. DOMENICI submitted the fol- World’’ and that Israel ‘‘must be wiped off which all Senators can unite, and it is lowing resolution; which was referred the map.’’; a battle we must not lose. to the Committee on the Judiciary: Whereas the President of Iran told reporters on December 8th at an Islamic conference Pornography is no longer isolated to S. RES. 335 in Mecca, Saudi Arabia, ‘‘Some European a small segment of society. It has per- Whereas the Conference of Radiation Con- countries insist on saying that Hitler killed vaded our culture. As we learned in a trol Program Directors has resolved that the millions of innocent Jews in fur- recent hearing I chaired in the Judici- week of November 6 through November 12, naces. . .although we don’t accept this ary Subcommittee on the Constitution, 2005, should be recognized as ‘‘National Radi- claim.’’; Civil Rights and Property Rights, poration Protection Professionals Week’’; Whereas Mr. Ahmadinejad then stated, ‘‘If nography has infiltrated homes and Whereas, since the discovery of x rays by the Europeans are honest they should give families and is having devastating ef- Wilhelm Conrad Roentgen on November 8, some of their provinces in Europe . . . to the 1895, the use of radiation has become a vital Zionists, and the Zionists can establish their fects. According to recent reports, 1 in tool for the health care, defense, security, state in Europe.’’; 5 children between the ages of 10 and 17 energy, and industrial programs of the Whereas on December 14, 2005, Mr. have received a sexual solicitation over United States; Ahmadinejad said live on Iranian television, the Internet, and 9 out of 10 children Whereas members of the radiation protec- ‘‘they have invented a myth that Jews were between the ages of 8 and 16 who have tion profession devote their careers to allow massacred and place this above God, reli- Internet access have viewed porn Web government, medicine, academia, and indus- gions and the prophets.’’; sites, usually in the course of looking try to safely use radiation; and Whereas the leaders of the Islamic Repub- up information for homework. Whereas the leadership and technical ex- lic of Iran, beginning with its founder, the pertise provided by members of the radiation Ayatollah Ruhollah Khomeini, have issued Perhaps the ugliest aspect of the por- protection profession has helped safeguard statements of hate against the United nography epidemic is child pornog- the public from the hazards of the use of ra- States, Israel, and Jewish peoples; raphy. Children as young as 5 years old diation while enabling the public to reap its Whereas certain leaders, including Ahmadi are being used for profit in this fast- benefits: Now, therefore, be it Nezhad, and the Supreme Leader, Ali

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.176 S16DEPT1 S13812 CONGRESSIONAL RECORD — SENATE December 16, 2005 Khamenei, have similarly called for the de- countries insist on saying that Hitler killed ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. struction of the United States, and the Is- millions of innocent Jews in furnaces . . . al- FEINSTEIN, Mr. FRIST, Mr. GRAHAM, Mr. lamic Republic of Iran has funded, armed, though we don’t accept this claim.’’; GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. trained, assisted, and sheltered leading ter- Whereas Mr. Ahmadinejad then stated, ‘‘If HARKIN, Mr. HATCH, Mrs. HUTCHISON, rorists, including terrorists in Iraq who use the Europeans are honest they should give Iranian support to kill military personnel of some of their provinces in Europe . . . to the Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, the United States; Zionists, and the Zionists can establish their Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- Whereas an estimated 6,000,000 Jews were state in Europe.’’; NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, killed in the Nazi Holocaust; Whereas on December 14, 2005, Mr. Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, Whereas the remarks of President Ahmadinejad said live on Iranian television, Mr. LIEBERMAN, Mrs. LINCOLN, Mr. Ahmadinejad have been denounced around ‘‘they have invented a myth that Jews were LOTT, Mr. LUGAR, Mr. MARTINEZ, Mr. the world and condemned by among others, massacred and place this above God, reli- MCCAIN, Mr. MCCONNELL, Ms. MIKUL- the political leaders of the United States, gions and the prophets.’’; SKI, Ms. MURKOWSKI, Mrs. MURRAY, Mr. Arab nations, Israel, Europe, and the United Whereas the leaders of the Islamic Repub- NELSON of Florida, Mr. NELSON of Ne- Nations; lic of Iran, beginning with its founder, the Whereas it is a crime in the Federal Repub- Ayatollah Ruhollah Khomeini, have issued braska, Mr. OBAMA, Mr. PRYOR, Mr. lic of Germany to deny the existence of the statements of hate against the United REED, Mr. REID, Mr. ROBERTS, Mr. Holocaust; and States, Israel, and Jewish peoples; ROCKEFELLER, Mr. SALAZAR, Mr. Whereas the United Nations, in General Whereas certain leaders, including Ahmadi SANTORUM, Mr. SARBANES, Mr. SCHU- Assembly Resolution 181 (1947), rec- Nezhad, and the Supreme Leader, Ali MER, Mr. SESSIONS, Mr. SHELBY, Mr. ommended the adoption of the Plan of Parti- Khamenei, have similarly called for the de- SMITH, Ms. SNOWE, Mr. SPECTER, Ms. tion with Economic Union for Palestine, struction of the United States, and the Is- STABENOW, Mr. STEVENS, Mr. SUNUNU, which called for an independent Jewish lamic Republic of Iran has funded, armed, Mr. TALENT, Mr. THOMAS, Mr. THUNE, State: Now, therefore, be it trained, assisted, and sheltered leading ter- Resolved, That the Senate— rorists, including terrorists in Iraq who use Mr. VITTER, Mr. VOINOVICH, Mr. WAR- (1) condemns recent statements by Presi- Iranian support to kill military personnel of NER, and Mr. WYDEN) submitted the fol- dent Ahmadinejad that denied the occur- the United States; lowing resolution; which was consid- rence of the Holocaust and supported moving Whereas an estimated 6,000,000 Jews were ered and agreed to: the State of Israel to Europe; killed in the Nazi Holocaust; S. RES. 338 (2) demands an official apology for these Whereas the remarks of President Whereas the basic liberties that all Ameri- damaging, anti-Semitic statements that ig- Ahmadinejad have been denounced around cans enjoy are secured through the valor and nore history, human suffering, and the loss the world and condemned by among others, dedication of the members of the Armed of life during the Holocaust; the political leaders of the United States, Forces of the United States; (4) supports efforts by the people of Iran to Arab nations, Israel, Europe, and the United Whereas over 1,000,000 members of the exercise self-determination over the form of Nations; Armed Forces are currently serving on ac- government of their country; Whereas it is a crime in the Federal Repub- tive duty in over 120 countries worldwide; (5) supports a national referendum in Iran lic of Germany to deny the existence of the Whereas the United States initiated Oper- with oversight by international observers Holocaust; and ation Enduring Freedom on October 19, 2001, and monitors to certify the integrity and Whereas the United Nations, in General and as of December 15, 2005, 322 members of fairness of the referendum; and Assembly Resolution 181 (1947), rec- the Armed Forces have died and 652 have (6) reaffirms the need for Iran to— ommended the adoption of the Plan of Parti- been wounded in that Operation; (A) end its support for international ter- tion with Economic Union for Palestine, Whereas the United States initiated Oper- rorism; and which called for an independent Jewish ation Iraqi Freedom on March 22, 2003, and as (B) join other Middle Eastern countries in State: Now, therefore, be it of December 15, 2005, 2,153 members of the seeking a successful outcome of the Middle Resolved, That the Senate— Armed Forces have died and 15,568 have been East peace process. (1) condemns the recent statement by wounded in that Operation; f President Ahmadinejad that denied the oc- Whereas, in the words of President Frank- currence of the Holocaust and supported SENATE RESOLUTION 337—TO CON- lin D. Roosevelt, each of America’s fallen moving the State of Israel to Europe; ‘‘stands in the unbroken line of patriots who DEMN THE HARMFUL, DESTRUC- (2) demands an official apology for these have dared to die that freedom might live, TIVE, AND ANTI-SEMITIC STATE- damaging, anti-Semitic statements that ig- and grow, and increase its blessings. Free- MENTS OF MAHMOUD nore history, human suffering, and the loss dom lives, and through it, he lives—in a way AHMADINEJAD, THE PRESIDENT of life during the Holocaust; and that humbles the undertakings of most OF IRAN, AND TO DEMAND AN (6) reaffirms the need for Iran to— men’’; APOLOGY FOR THOSE STATE- (A) end its support for international ter- Whereas all Americans owe the fallen, the rorism; and wounded, and their families a debt that can MENTS OF HATE AND ANIMOS- (B) join other Middle Eastern countries in ITY TOWARDS ALL JEWISH PEO- never be fully repaid; and seeking a successful outcome of the Middle Whereas the sacrifices of members of the PLE OF THE WORLD East peace process. Armed Forces are often invoked in general Mr. SANTORUM (for himself, Mr. f but the fallen are seldom recognized and BROWNBACK, Ms. MIKULSKI, Ms. honored individually: Now, therefore, be it SENATE RESOLUTION 338—HON- STABENOW, Mr. CHAMBLISS, Mr. NELSON Resolved, That the Senate— ORING THE MEMORY OF THE (1) honors the memory of Master Sergeant of Florida, Mr. COLEMAN, Mr. BOND, MEMBERS OF THE ARMED Evander E. Andrews, 36, of Solon, Maine, who Mrs. DOLE, Mr. LAUTENBERG, Mr. FORCES OF THE UNITED STATES died on October 10, 2001, in service to the LIEBERMAN, Mr. SMITH, Mr. NELSON of WHO HAVE GIVEN THEIR LIVES United States in Operation Enduring Free- Nebraska, Mr. DEWINE, Mr. VITTER, Mr. IN SERVICE TO THE UNITED dom; ISAKSON, Mr. TALENT, Mr. STEVENS, Mr. (2) honors the memory of Specialist John STATES IN OPERATION IRAQI MARTINEZ, Mr. VOINOVICH, Mr. ROCKE- J. Edmunds, 20, of Cheyenne, Wyoming, who FREEDOM AND OPERATION EN- FELLER, Mrs. FEINSTEIN, and Mr. died on October 19, 2001, in service to the DURING FREEDOM SALAZAR) submitted the following reso- United States in Operation Enduring Free- lution; which was considered and Mr. LAUTENBERG (for himself, Mr. dom; (3) honors the memory of Private First AKAKA, Mr. ALEXANDER, Mr. ALLARD, agreed to: Class Kristofor T. Stonesifer, 28, of Missoula, S. RES. 337 Mr. ALLEN, Mr. BAUCUS, Mr. BAYH, Mr. Montana, who died on October 19, 2001, in Whereas Mahmoud Ahmadinejad, the BENNETT, Mr. BIDEN, Mr. BINGAMAN, service to the United States in Operation En- President of Iran, declared in an October 26, Mr. BOND, Mrs. BOXER, Mr. BROWNBACK, during Freedom; 2005, address at the World Without Zionism Mr. BUNNING, Mr. BURNS, Mr. BURR, Mr. (4) honors the memory of Machinist’s Mate conference in Tehran that ‘‘the new wave BYRD, Ms. CANTWELL, Mr. CARPER, Mr. Fireman Apprentice Bryant L. Davis, 20, of that has started in Palestine, and we witness CHAFEE, Mr. CHAMBLISS, Mrs. CLINTON, Chicago, Illinois, who died on November 7, it in the Islamic World too, will eliminate Mr. COBURN, Mr. COCHRAN Mr. COLE- 2001, in service to the United States in Oper- this disgraceful stain from the Islamic ation Enduring Freedom; MAN, Ms. COLLINS, Mr. CONRAD, Mr. World’’ and that Israel ‘‘must be wiped off (5) honors the memory of Electronics Tech- the map.’’; CORNYN, Mr. CORZINE, Mr. CRAIG, Mr. nician Third Class Benjamin Johnson, 21, of Whereas the President of Iran told report- CRAPO, Mr. DAYTON, Mr. DEMINT, Mr. Rochester, New York, who died on November ers on December 8th at an Islamic conference Mr. DEWINE, Mr. DODD, Mrs. DOLE, Mr. 18, 2001, in service to the United States in in Mecca, Saudi Arabia, ‘‘Some European DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. Operation Enduring Freedom;

VerDate Aug 31 2005 07:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.168 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13813 (6) honors the memory of Engineman First February 13, 2002, in service to the United Florida, who died on March 27, 2002, in serv- Class Vincent Parker, 38, of Preston, Mis- States in Operation Enduring Freedom; ice to the United States in Operation Endur- sissippi, who died on November 18, 2001, in (24) honors the memory of Specialist ing Freedom; service to the United States in Operation En- Thomas F. Allison, 22, of Roy, Washington, (42) honors the memory of Staff Sergeant during Freedom; who died on February 21, 2002, in service to Brian T. Craig, 27, of Houston, Texas, who (7) honors the memory of CIA Officer John- the United States in Operation Enduring died on April 15, 2002, in service to the ny Michael Spann, 32, of Winfield, Alabama, Freedom; United States in Operation Enduring Free- (25) honors the memory of Staff Sergeant who died on November 25, 2001, in service to dom; James P. Dorrity, 32, of Goldsboro, North the United States in Operation Enduring (43) honors the memory of Staff Sergeant Carolina, who died on February 21, 2002, in Freedom; Justin J. Galewski, 28, of Olathe, Kansas, (8) honors the memory of Private Giovanny service to the United States in Operation En- during Freedom; who died on April 15, 2002, in service to the Maria, 19, of New York, New York, who died United States in Operation Enduring Free- on November 29, 2001, in service to the (26) honors the memory of Chief Warrant dom; United States in Operation Enduring Free- Officer Jody L. Egnor, 34, of Middletown, (44) honors the memory of Sergeant Jamie dom; Ohio, who died on February 21, 2002, in serv- O. Maugans, 27, of Wichita, Kansas, who died (9) honors the memory of Electrician’s ice to the United States in Operation Endur- on April 15, 2002, in service to the United Mate Fireman Apprentice Michael J. Jakes, ing Freedom; States in Operation Enduring Freedom; Jr., 20, of Brooklyn, New York, who died on (27) honors the memory of Major Curtis D. Feistner, 25, of White Bear Lake, Minnesota, (45) honors the memory of Sergeant First December 4, 2001, in service to the United who died on February 21, 2002, in service to States in Operation Enduring Freedom; Class Daniel A. Romero, 30, of Lafayette, the United States in Operation Enduring (10) honors the memory of Master Sergeant Colorado, who died on April 15, 2002, in serv- Freedom; Jefferson D. Davis, 39, of Clarksville, Ten- ice to the United States in Operation Endur- (28) honors the memory of Staff Sergeant nessee, who died on December 5, 2001, in serving Freedom; Kerry W. Frith, 37, of Las Vegas, Nevada, ice to the United States in Operation Endur- (46) honors the memory of Sergeant Gene who died on February 21, 2002, in service to ing Freedom; A. Vance Jr., 38, of Morgantown, West Vir- the United States in Operation Enduring (11) honors the memory of Sergeant First ginia, who died on May 19, 2002, in service to Freedom; the United States in Operation Enduring Class Daniel H. Petithory, 32, of Cheshire, (29) honors the memory of Master Sergeant Freedom; Massachusetts, who died on December 5, 2001, William L. McDaniel II, 36, of Greenville, (47) honors the memory of Technical Ser- in service to the United States in Operation Ohio, who died on February 21, 2002, in serv- Enduring Freedom; ice to the United States in Operation Endur- geant Sean M. Corlew, 37, of Thousand Oaks, (12) honors the memory of Staff Sergeant ing Freedom; California, who died on June 12, 2002, in serv- Brian C. Prosser, 28, of Frazier Park, Cali- (30) honors the memory of Captain Bartt D. ice to the United States in Operation Endur- fornia, who died on December 5, 2001, in serv- Owens, 29, of Middletown, Ohio, who died on ing Freedom; ice to the United States in Operation Endur- February 21, 2002, in service to the United (48) honors the memory of Staff Sergeant ing Freedom; States in Operation Enduring Freedom; Anissa A. Shero, 31, of Grafton, West Vir- (13) honors the memory of Sergeant First (31) honors the memory of Staff Sergeant ginia, who died on June 12, 2002, in service to Class Nathan R. Chapman, 31, of San Anto- Juan M. Ridout, 36, of Maple Tree, Wash- the United States in Operation Enduring nio, Texas, who died on January 4, 2002, in ington, who died on February 21, 2002, in Freedom; service to the United States in Operation En- service to the United States in Operation En- (49) honors the memory of Sergeant First during Freedom; during Freedom; Class Peter P. Tycz II, 32, of Tonawanda, (14) honors the memory of Captain Mat- (32) honors the memory of Specialist Curtis New York, who died on June 12, 2002, in serv- thew W. Bancroft, 29, of Shasta, California, A. Carter, 25, of Lafayette, Louisiana, who ice to the United States in Operation Endur- who died on January 9, 2002, in service to the died on February 27, 2002, in service to the ing Freedom; United States in Operation Enduring Free- United States in Operation Enduring Free- (50) honors the memory of Sergeant First dom; dom; Class Christopher J. Speer, 28, of Albu- (15) honors the memory of Lance Corporal (33) honors the memory of Chief Warrant querque, New Mexico, who died on August 7, Bryan P. Bertrand, 23, of Coos Bay, Oregon, Officer 2 Stanley L. Harriman, 34, of Wade, 2002, in service to the United States in Oper- who died on January 9, 2002, in service to the North Carolina, who died on March 2, 2002, in ation Enduring Freedom; United States in Operation Enduring Free- service to the United States in Operation En- (51) honors the memory of Sergeant Ryan dom; during Freedom; (16) honors the memory of Gunnery Ser- (34) honors the memory of Specialist Marc D. Foraker, 31, of Logan, Ohio, who died on geant Stephen L. Bryson, 35, of Montgomery, A. Anderson, 30, of Brandon, Florida, who September 24, 2002, in service to the United Alabama, who died on January 9, 2002, in died on March 4, 2002, in service to the States in Operation Enduring Freedom; service to the United States in Operation En- United States in Operation Enduring Free- (52) honors the memory of Lance Corporal during Freedom; dom; Antonio J. Sledd, 20, of Tampa, Florida, who (17) honors the memory of Staff Sergeant (35) honors the memory of Technical Ser- died on October 8, 2002, in service to the Scott N. Germosen, 37, of Queens, New York, geant John A. Chapman, 36, of Waco, Texas, United States in Operation Enduring Free- who died on January 9, 2002, in service to the who died on March 4, 2002, in service to the dom; United States in Operation Enduring Free- United States in Operation Enduring Free- (53) honors the memory of Private James dom; dom; H. Ebbers, 19, of Bridgeview, Illinois, who (18) honors the memory of Sergeant Na- (36) honors the memory of Private First died on October 14, 2002, in service to the than P. Hays, 21, of Lincoln, Washington, Class Matthew A. Commons, 21, of Boulder United States in Operation Enduring Free- who died on January 9, 2002, in service to the City, Nevada, who died on March 4, 2002, in dom; United States in Operation Enduring Free- service to the United States in Operation En- (54) honors the memory of Specialist Pedro dom; during Freedom; Pena, 35, of Florida, who died on November 7, (19) honors the memory of Captain Daniel (37) honors the memory of Sergeant Peter 2002, in service to the United States in Oper- G. McCollum, 29, of Richland, South Caro- P. Crose, 22, of Orange Park, Florida, who ation Enduring Freedom; lina, who died on January 9, 2002, in service died on March 4, 2002, in service to the (55) honors the memory of Sergeant Steven to the United States in Operation Enduring United States in Operation Enduring Free- Checo, 22, of New York, New York, who died Freedom; dom; on December 20, 2002, in service to the United (20) honors the memory of Sergeant (38) honors the memory of Senior Airman States in Operation Enduring Freedom; Jeannette L. Winters, 25, of Du Page, Illi- Jason D. Cunningham, 26, of Camarillo, Cali- (56) honors the memory of Sergeant Greg- nois, who died on January 9, 2002, in service fornia, who died on March 4, 2002, in service ory Michael Frampton, 37, of Fresno, Cali- to the United States in Operation Enduring to the United States in Operation Enduring fornia, who died on January 30, 2003, in serv- Freedom; Freedom; (21) honors the memory of Staff Sergeant (39) honors the memory of Aviation Boat- ice to the United States in Operation Endur- Walter F. Cohee III, 26, of Wicomico, Mary- swain’s Mate-Handling First Class Neil C. ing Freedom; land, who died on January 20, 2002, in service Roberts, 32, of Woodland, California, who (57) honors the memory of Chief Warrant to the United States in Operation Enduring died on March 4, 2002, in service to the Officer 2 Thomas J. Gibbons, 31, of Calvert Freedom; United States in Operation Enduring Free- County, Maryland, who died on January 30, (22) honors the memory of Staff Sergeant dom; 2003, in service to the United States in Oper- Dwight J. Morgan, 24, of Mendocino, Cali- (40) honors the memory of Sergeant Philip ation Enduring Freedom; fornia, who died on January 20, 2002, in serv- J. Svitak, 31, of Joplin, Missouri, who died (58) honors the memory of Staff Sergeant ice to the United States in Operation Endur- on March 4, 2002, in service to the United Daniel Leon Kisling, Jr., 31, of Neosho, Mis- ing Freedom; States in Operation Enduring Freedom; souri, who died on January 30, 2003, in serv- (23) honors the memory of Specialist Jason (41) honors the memory of Chief Petty Offi- ice to the United States in Operation Endur- A. Disney, 21, of Fallon, Nevada, who died on cer Matthew J. Bourgeois, 35, of Tallahassee, ing Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 S13814 CONGRESSIONAL RECORD — SENATE December 16, 2005 (59) honors the memory of Chief Warrant (77) honors the memory of Lieutenant (96) honors the memory of Sergeant Nico- Officer 3 Mark O’Steen, 43, of Ozark, Ala- Thomas Mullen Adams, 27, of La Mesa, Cali- las Michael Hodson, 22, of Smithville, Mis- bama, who died on January 30, 2003, in serv- fornia, who died on March 22, 2003, in service souri, who died on March 23, 2003, in service ice to the United States in Operation Endur- to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- ing Freedom; dom; dom; (60) honors the memory of Sergeant Mi- (78) honors the memory of Lance Corporal (97) honors the memory of Private Nolen chael C. Barry, 29, of Overland Park, Kansas, Eric James Orlowski, 26, of Buffalo, New Ryan Hutchings, 19, of Boiling Springs, who died on February 1, 2003, in service to York, who died on March 22, 2003, in service South Carolina, who died on March 23, 2003, the United States in Operation Enduring to the United States in Operation Iraqi Free- in service to the United States in Operation Freedom; dom; Iraqi Freedom; (61) honors the memory of Operations Offi- (79) honors the memory of Specialist Bran- (98) honors the memory of Private First cer Helge Boes, 32, of Virginia, who died on don Scott Tobler, 19, of Portland, Oregon, Class Howard Johnson II, 21, of Mobile, Ala- February 5, 2003, in service to the United who died on March 22, 2003, in service to the bama, who died on March 23, 2003, in service States in Operation Enduring Freedom; United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- (62) honors the memory of Specialist Brian (80) honors the memory of Specialist dom; Michael Clemens, 19, of Kokomo, Indiana, Jamaal Rashard Addison, 22, of Roswell, (99) honors the memory of Staff Sergeant who died on February 7, 2003, in service to Georgia, who died on March 23, 2003, in serv- Phillip Andrew Jordan, 42, of Brazoria, the United States in Operation Enduring ice to the United States in Operation Iraqi Texas, who died on March 23, 2003, in service Freedom; to the United States in Operation Iraqi Free- Freedom; (81) honors the memory of Specialist Ed- dom; (63) honors the memory of Specialist ward John Anguiano, 24, of Brownsville, (100) honors the memory of Specialist Rodrigo Gonzalez-Garza, 26, of San Antonio, Texas, who died on March 23, 2003, in service James Michael Kiehl, 22, of Comfort, Texas, Texas, who died on February 25, 2003, in serv- to the United States in Operation Iraqi Free- who died on March 23, 2003, in service to the ice to the United States in Operation Endur- dom; United States in Operation Iraqi Freedom; ing Freedom; (82) honors the memory of First Lieuten- (101) honors the memory of Master Ser- (64) honors the memory of Chief Warrant ant Tamara Long Archuleta, 23, of Belen, geant Michael Maltz, 42, of St. Petersburg, Officer Timothy Wayne Moehling, 35, of Pan- New Mexico, who died on March 23, 2003, in Florida, who died on March 23, 2003, in serv- ama City, Florida, who died on February 25, service to the United States in Operation En- ice to the United States in Operation Endur- 2003, in service to the United States in Oper- during Freedom; ing Freedom; ation Enduring Freedom; (83) honors the memory of Sergeant Mi- (102) honors the memory of Chief Warrant (65) honors the memory of Chief Warrant chael Edward Bitz, 31, of Ventura, California, Officer Johnny Villareal Mata, 35, of Ama- Officer John D. Smith, 32, of West Valley who died on March 23, 2003, in service to the rillo, Texas, who died on March 23, 2003, in City, Utah, who died on February 25, 2003, in United States in Operation Iraqi Freedom; service to the United States in Operation service to the United States in Operation En- (84) honors the memory of Lance Corporal Iraqi Freedom; during Freedom; Brian Rory Buesing, 20, of Cedar Key, Flor- (103) honors the memory of Lance Corporal (66) honors the memory of Sergeant Wil- ida, who died on March 23, 2003, in service to Patrick Ray Nixon, 21, of Nashville, Ten- liam John Tracy, Jr., 27, of Webster, New the United States in Operation Iraqi Free- nessee, who died on March 23, 2003, in service Hampshire, who died on February 25, 2003, in dom; to the United States in Operation Iraqi Free- service to the United States in Operation En- (85) honors the memory of Sergeant George dom; during Freedom; Edward Buggs, 31, of Barnwell, South Caro- (104) honors the memory of Private First (67) honors the memory of Petty Officer lina, who died on March 23, 2003, in service to Class Lori Ann Piestewa, 23, of Tuba City, Second Class Darrell Jones, 22, of Wellston, the United States in Operation Iraqi Free- Arizona, who died on March 23, 2003, in serv- Ohio, who died on March 8, 2003, in service to dom; ice to the United States in Operation Iraqi the United States in Operation Enduring (86) honors the memory of Private First Freedom; Freedom; Class Tamario Demetrice Burkett, 21, of Buf- (105) honors the memory of Senior Airman (68) honors the memory of Private First falo, New York, who died on March 23, 2003, Jason Thomas Plite, 21, of Lansing, Michi- Class Spence A. McNeil, 19, of Bennettsville, in service to the United States in Operation gan, who died on March 23, 2003, in service to South Carolina, who died on March 8, 2003, in Iraqi Freedom; the United States in Operation Enduring service to the United States in Operation En- (87) honors the memory of Corporal Freedom; during Freedom; Kemaphoom ‘‘Ahn’’ Chanawongse, 22, of Wa- (106) honors the memory of Second Lieu- (69) honors the memory of Private First terford, Connecticut, who died on March 23, tenant Frederick Eben Pokorney, Jr., 31, of Class James R. Dillon, Jr., 19, of Grove City, 2003, in service to the United States in Oper- Nye, Nevada, who died on March 23, 2003, in Pennsylvania, who died on March 13, 2003, in ation Iraqi Freedom; service to the United States in Operation service to the United States in Operation En- (88) honors the memory of Lance Corporal Iraqi Freedom; during Freedom; Donald John Cline, Jr., 21, of Sparks, Ne- (107) honors the memory of Sergeant (70) honors the memory of Navy Petty Offi- vada, who died on March 23, 2003, in service Brendon Curtis Reiss, 23, of Casper, Wyo- cer Third Class Jason Profitt, 23, of Charles- to the United States in Operation Iraqi Free- ming, who died on March 23, 2003, in service town, Indiana, who died on March 17, 2003, in dom; to the United States in Operation Iraqi Free- service to the United States in Operation En- (89) honors the memory of Master Sergeant dom; during Freedom; Robert John Dowdy, 38, of Cleveland, Ohio, (108) honors the memory of Corporal (71) honors the memory of Major Jay who died on March 23, 2003, in service to the Randal Kent Rosacker, 21, of San Diego, Thomas Aubin, 36, of Waterville, Maine, who United States in Operation Iraqi Freedom; California, who died on March 23, 2003, in died on March 21, 2003, in service to the (90) honors the memory of Private Ruben service to the United States in Operation United States in Operation Iraqi Freedom; Estrella-Soto, 18, of El Paso, Texas, who died Iraqi Freedom; (72) honors the memory of Captain Ryan on March 23, 2003, in service to the United (109) honors the memory of Captain Chris- Anthony Beaupre, 30, of Bloomington, Illi- States in Operation Iraqi Freedom; topher Scott Seifert, 27, of Easton, Pennsyl- nois, who died on March 21, 2003, in service to (91) honors the memory of Lance Corporal vania, who died on March 23, 2003, in service the United States in Operation Iraqi Free- David Keith Fribley, 26, of Lee, Florida, who to the United States in Operation Iraqi Free- dom; died on March 23, 2003, in service to the dom; (73) honors the memory of Second Lieuten- United States in Operation Iraqi Freedom; (110) honors the memory of Private Bran- ant Therrel Shane Childers, 30, of Harrison (92) honors the memory of Corporal Jose don Ulysses Sloan, 19, of Cleveland, Ohio, Co., Mississippi, who died on March 21, 2003, Angel Garibay, 21, of Orange, California, who who died on March 23, 2003, in service to the in service to the United States in Operation died on March 23, 2003, in service to the United States in Operation Iraqi Freedom; Iraqi Freedom; United States in Operation Iraqi Freedom; (111) honors the memory of Lance Corporal (74) honors the memory of Lance Corporal (93) honors the memory of Private Jona- Thomas Jonathan Slocum, 22, of Adams, Col- Jose Antonio Gutierrez, 22, of Guatemala than Lee Gifford, 30, of Macon, Illinois, who orado, who died on March 23, 2003, in service City, Guatemala, who died on March 21, 2003, died on March 23, 2003, in service to the to the United States in Operation Iraqi Free- in service to the United States in Operation United States in Operation Iraqi Freedom; dom; Iraqi Freedom; (94) honors the memory of Corporal Jorge (112) honors the memory of Lieutenant (75) honors the memory of Corporal Brian Alonso Gonzalez, 20, of Los Angeles, Cali- Colonel John Stein, 39, of Bardolph, Illinois, Matthew Kennedy, 25, of Houston, Texas, fornia, who died on March 23, 2003, in service who died on March 23, 2003, in service to the who died on March 21, 2003, in service to the to the United States in Operation Iraqi Free- United States in Operation Enduring Free- United States in Operation Iraqi Freedom; dom; dom; (76) honors the memory of Staff Sergeant (95) honors the memory of Staff Sergeant (113) honors the memory of Staff Sergeant Kendall Damon Waters-Bey, 29, of Baltimore, Jason Carlyle Hicks, 25, of Jefferson, South John ‘‘Mike’’ Teal, 29, of Dallas, Texas, who Maryland, who died on March 21, 2003, in Carolina, who died on March 23, 2003, in serv- died on March 23, 2003, in service to the service to the United States in Operation ice to the United States in Operation Endur- United States in Operation Enduring Free- Iraqi Freedom; ing Freedom; dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13815 (114) honors the memory of Sergeant Don- 2003, in service to the United States in Oper- (151) honors the memory of Chief Warrant ald Ralph Walters, 33, of Kansas City, Mis- ation Iraqi Freedom; Officer (CW4) Erik Anders Halvorsen, 40, of souri, who died on March 23, 2003, in service (133) honors the memory of Corporal Mi- Bennington, Vermont, who died on April 2, to the United States in Operation Iraqi Free- chael Edward Curtin, 23, of Howell, New Jer- 2003, in service to the United States in Oper- dom; sey, who died on March 29, 2003, in service to ation Iraqi Freedom; (115) honors the memory of Lance Corporal the United States in Operation Iraqi Free- (152) honors the memory of Chief Warrant Michael Jason Williams, 31, of Yuma, Ari- dom; Officer (CW2) Scott Jamar, 32, of Granbury, zona, who died on March 23, 2003, in service (134) honors the memory of Staff Sergeant Texas, who died on April 2, 2003, in service to to the United States in Operation Iraqi Free- Jacob L. Frazier, 24, of St. Charles, Illinois, the United States in Operation Iraqi Free- dom; who died on March 29, 2003, in service to the dom; (116) honors the memory of Lance Corporal United States in Operation Enduring Free- (153) honors the memory of Sergeant Mi- Thomas Alan Blair, 24, of Wagoner, Okla- dom; chael Francis Pedersen, 26, of Flint, Michi- homa, who died on March 24, 2003, in service (135) honors the memory of Sergeant Or- gan, who died on April 2, 2003, in service to to the United States in Operation Iraqi Free- lando Morales, 33, of Manati, Puerto Rico, the United States in Operation Iraqi Free- dom; who died on March 29, 2003, in service to the dom; (117) honors the memory of Corporal Evan United States in Operation Enduring Free- (154) honors the memory of Chief Warrant Tyler James, 20, of Hancock, Illinois, who dom; Officer (CW3) Eric Allen Smith, 41, of Roch- died on March 24, 2003, in service to the (136) honors the memory of Private First ester, New York, who died on April 2, 2003, in United States in Operation Iraqi Freedom; Class Diego Fernando Rincon, 19, of Conyers, service to the United States in Operation (118) honors the memory of Sergeant Brad- Georgia, who died on March 29, 2003, in serv- Iraqi Freedom; ley Steven Korthaus, 28, of Scott, Iowa, who ice to the United States in Operation Iraqi (155) honors the memory of Lieutenant Na- died on March 24, 2003, in service to the Freedom; than Dennis White, 30, of Mesa, Arizona, who United States in Operation Iraqi Freedom; (137) honors the memory of Lance Corporal died on April 2, 2003, in service to the United (119) honors the memory of Specialist William Wayne White, 24, of Brooklyn, New States in Operation Iraqi Freedom; Gregory Paul Sanders, 19, of Hobart, Indiana, York, who died on March 29, 2003, in service (156) honors the memory of Private First who died on March 24, 2003, in service to the to the United States in Operation Iraqi Free- Class Chad Eric Bales, 20, of Coahoma, United States in Operation Iraqi Freedom; dom; Texas, who died on April 3, 2003, in service to (120) honors the memory of Hospital Corps- (138) honors the memory of Sergeant Eu- the United States in Operation Iraqi Free- man Third Class Michael Vann Johnson, Jr., gene Williams, 24, of Highland, New York, dom; 25, of Little Rock, Arkansas, who died on who died on March 29, 2003, in service to the (157) honors the memory of Staff Sergeant March 25, 2003, in service to the United United States in Operation Iraqi Freedom; Wilbert Davis, 40, of Tampa, Florida, who States in Operation Iraqi Freedom; (139) honors the memory of Captain Aaron died on April 3, 2003, in service to the United (121) honors the memory of Major Gregory Joseph Contreras, 31, of Sherwood, Oregon, States in Operation Iraqi Freedom; Lewis Stone, 40, of Boise, Idaho, who died on who died on March 30, 2003, in service to the (158) honors the memory of Corporal Mark March 25, 2003, in service to the United United States in Operation Iraqi Freedom; Asher Evnin, 21, of Burlington, Vermont, States in Operation Iraqi Freedom; (140) honors the memory of Sergeant Mi- who died on April 3, 2003, in service to the (122) honors the memory of Major Kevin chael Vernon Lalush, 23, of Troutville, Vir- United States in Operation Iraqi Freedom; Gerard Nave, 36, of Union Lake, Michigan, ginia, who died on March 30, 2003, in service (159) honors the memory of Captain Ed- who died on March 26, 2003, in service to the to the United States in Operation Iraqi Free- ward Jason Korn, 31, of Savannah, Georgia, United States in Operation Iraqi Freedom; dom; who died on April 3, 2003, in service to the (123) honors the memory of Private First (141) honors the memory of Sergeant Brian United States in Operation Iraqi Freedom; Class Francisco Abraham Martinez-Flores, Daniel McGinnis, 23, of St. George, Delaware, (160) honors the memory of Staff Sergeant 21, of Los Angeles, California, who died on who died on March 30, 2003, in service to the Nino Dugue Livaudais, 23, of Syracuse, Utah, March 27, 2003, in service to the United United States in Operation Iraqi Freedom; who died on April 3, 2003, in service to the States in Operation Iraqi Freedom; (142) honors the memory of Specialist Wil- United States in Operation Iraqi Freedom; (124) honors the memory of Staff Sergeant liam Andrew Jeffries, 39, of Evansville, Indi- (161) honors the memory of Specialist Ryan Donald Charles May, Jr., 31, of Richmond, ana, who died on March 31, 2003, in service to Patrick Long, 21, of Seaford, Delaware, who Virginia, who died on March 27, 2003, in serv- the United States in Operation Iraqi Free- died on April 3, 2003, in service to the United ice to the United States in Operation Iraqi dom; States in Operation Iraqi Freedom; Freedom; (143) honors the memory of Specialist (162) honors the memory of Specialist Don- (125) honors the memory of Gunnery Ser- Brandon Jacob Rowe, 20, of Roscoe, Illinois, ald Samuel Oaks, Jr., 20, of Erie, Pennsyl- geant Joseph Menusa, 33, of San Jose, Cali- who died on March 31, 2003, in service to the vania, who died on April 3, 2003, in service to fornia, who died on March 27, 2003, in service United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- (144) honors the memory of Sergeant Jacob dom; dom; Lee Butler, 24, of Wellsville, Kansas, who (163) honors the memory of Sergeant First (126) honors the memory of Lance Corporal died on April 1, 2003, in service to the United Class Randall Scott Rehn, 36, of Longmont, Patrick Terence O’Day, 20, of Sonoma, Cali- States in Operation Iraqi Freedom; Colorado, who died on April 3, 2003, in service fornia, who died on March 27, 2003, in service (145) honors the memory of Lance Corporal to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Joseph Basil Maglione III, 22, of Lansdale, dom; dom; Pennsylvania, who died on April 1, 2003, in (164) honors the memory of Captain Russell (127) honors the memory of Corporal Rob- service to the United States in Operation Brian Rippetoe, 27, of Seaford, Delaware, ert Marcus Rodriguez, 21, of Queens, New Iraqi Freedom; who died on April 3, 2003, in service to the York, who died on March 27, 2003, in service (146) honors the memory of Captain James United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- Francis Adamouski, 29, of Springfield, Vir- (165) honors the memory of Sergeant Todd dom; ginia, who died on April 2, 2003, in service to James Robbins, 33, of Pentwater, Michigan, (128) honors the memory of Lance Corporal the United States in Operation Iraqi Free- who died on April 3, 2003, in service to the Jesus Alberto Suarez del Solar, 20, of Escon- dom; United States in Operation Iraqi Freedom; dido, California, who died on March 27, 2003, (147) honors the memory of Lance Corporal (166) honors the memory of Corporal Erik in service to the United States in Operation Brian Edward Anderson, 26, of Durham, Hernandez Silva, 22, of Chula Vista, Cali- Iraqi Freedom; North Carolina, who died on April 2, 2003, in fornia, who died on April 3, 2003, in service to (129) honors the memory of Sergeant Fer- service to the United States in Operation the United States in Operation Iraqi Free- nando Padilla-Ramirez, 26, of San Luis, Ari- Iraqi Freedom; dom; zona, who died on March 28, 2003, in service (148) honors the memory of Specialist Mat- (167) honors the memory of Captain Tris- to the United States in Operation Iraqi Free- thew George Boule, 22, of Dracut, Massachu- tan Neil Aitken, 31, of State College, Penn- dom; setts, who died on April 2, 2003, in service to sylvania, who died on April 4, 2003, in service (130) honors the memory of Sergeant the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Roderic Antoine Solomon, 32, of Fayette- dom; dom; ville, North Carolina, who died on March 28, (149) honors the memory of Master Ser- (168) honors the memory of Private First 2003, in service to the United States in Oper- geant George Andrew Fernandez, 36, of El Class Wilfred Davyrussell Bellard, 20, of ation Iraqi Freedom; Paso, Texas, who died on April 2, 2003, in Lake Charles, Louisiana, who died on April (131) honors the memory of Staff Sergeant service to the United States in Operation 4, 2003, in service to the United States in Op- James Wilford Cawley, 41, of Roy, Utah, who Iraqi Freedom; eration Iraqi Freedom; died on March 29, 2003, in service to the (150) honors the memory of Private First (169) honors the memory of Specialist Dan- United States in Operation Iraqi Freedom; Class Christian Daniel Gurtner, 19, of Ohio iel Francis Cunningham, Jr., 33, of Lewiston, (132) honors the memory of Private First City, Ohio, who died on April 2, 2003, in serv- Maine, who died on April 4, 2003, in service to Class Michael Russell Creighton-Weldon, 20, ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- of Palm Bay, Florida, who died on March 29, Freedom; dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 S13816 CONGRESSIONAL RECORD — SENATE December 16, 2005 (170) honors the memory of Captain Travis ice to the United States in Operation Iraqi Springs, Wyoming, who died on April 14, 2003, Allen Ford, 30, of Ogallala, Nebraska, who Freedom; in service to the United States in Operation died on April 4, 2003, in service to the United (189) honors the memory of Major William Iraqi Freedom; States in Operation Iraqi Freedom; Randolph Watkins III, 37, of Danville, Vir- (208) honors the memory of Corporal Jason (171) honors the memory of Corporal Ber- ginia, who died on April 7, 2003, in service to David Mileo, 20, of Centreville, Maryland, nard George Gooden, 22, of Mt. Vernon, New the United States in Operation Iraqi Free- who died on April 14, 2003, in service to the York, who died on April 4, 2003, in service to dom; United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (190) honors the memory of Corporal Henry (209) honors the memory of Corporal John dom; Levon Brown, 22, of Natchez, Mississippi, Travis Rivero, 23, of Tampa, Florida, who (172) honors the memory of Private Devon who died on April 8, 2003, in service to the died on April 17, 2003, in service to the Demilo Jones, 19, of San Diego, California, United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; who died on April 4, 2003, in service to the (191) honors the memory of Private First (210) honors the memory of Chief Warrant United States in Operation Iraqi Freedom; Class Juan Guadalupe Garza, Jr., 20, of Tem- Officer (CW2) Andrew Todd Arnold, 30, of (173) honors the memory of First Lieuten- perance, Michigan, who died on April 8, 2003, Spring, Texas, who died on April 22, 2003, in ant Brian Michael McPhillips, 25, of Pem- in service to the United States in Operation service to the United States in Operation broke, Massachusetts, who died on April 4, Iraqi Freedom; Iraqi Freedom; 2003, in service to the United States in Oper- (192) honors the memory of Sergeant First (211) honors the memory of Specialist Roy ation Iraqi Freedom; Class John Winston Marshall, 50, of Los An- Russell Buckley, 24, of Snow Camp, North geles, California, who died on April 8, 2003, in Carolina, who died on April 22, 2003, in serv- (174) honors the memory of Sergeant service to the United States in Operation ice to the United States in Operation Iraqi Duane Roy Rios, 25, of Hammond, Indiana, Iraqi Freedom; Freedom; who died on April 4, 2003, in service to the (193) honors the memory of Private First (212) honors the memory of Chief Warrant United States in Operation Iraqi Freedom; Class Jason Michael Meyer, 23, of Swartz Officer (CW2) Robert William Channell, Jr., (175) honors the memory of Captain Ben- Creek, Michigan, who died on April 8, 2003, in 36, of Tuscaloosa, Alabama, who died on jamin Wilson Sammis, 29, of Rehobeth, Mas- service to the United States in Operation April 22, 2003, in service to the United States sachusetts, who died on April 4, 2003, in serv- Iraqi Freedom; in Operation Iraqi Freedom; ice to the United States in Operation Iraqi (194) honors the memory of Staff Sergeant (213) honors the memory of Lance Corporal Freedom; Scott Douglas Sather, 29, of Clio, Michigan, Alan Dinh Lam, 19, of Snow Camp, North (176) honors the memory of Sergeant First who died on April 8, 2003, in service to the Carolina, who died on April 22, 2003, in serv- Class Paul Ray Smith, 33, of Tampa, Florida, United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi who died on April 4, 2003, in service to the (195) honors the memory of Staff Sergeant Freedom; United States in Operation Iraqi Freedom; Robert Anthony Stever, 36, of Pendleton, Or- (214) honors the memory of Sergeant Troy (177) honors the memory of Staff Sergeant egon, who died on April 8, 2003, in service to David Jenkins, 25, of Ridgecrest, California, Stevon Alexander Booker, 34, of Apollo, the United States in Operation Iraqi Free- who died on April 24, 2003, in service to the Pennsylvania, who died on April 5, 2003, in dom; United States in Operation Iraqi Freedom; service to the United States in Operation (196) honors the memory of Gunnery Ser- (215) honors the memory of Private Jerod Iraqi Freedom; geant Jeffrey Edward Bohr, Jr., 39, of Ossian, R. Dennis, 19, of Antlers, Oklahoma, who (178) honors the memory of Specialist Iowa, who died on April 10, 2003, in service to died on April 25, 2003, in service to the Larry Kenyatta Brown, 22, of Jackson, Mis- the United States in Operation Iraqi Free- United States in Operation Enduring Free- sissippi, who died on April 5, 2003, in service dom; dom; to the United States in Operation Iraqi Free- (197) honors the memory of Staff Sergeant (216) honors the memory of Airman First dom; Terry Wayne Hemingway, 39, of Willingboro, Class Raymond Losano, 24, of Del Rio, Texas, (179) honors the memory of First Sergeant New Jersey, who died on April 10, 2003, in who died on April 25, 2003, in service to the Edward Smith, 38, of Chicago, Illinois, who service to the United States in Operation United States in Operation Enduring Free- died on April 5, 2003, in service to the United Iraqi Freedom; dom; States in Operation Iraqi Freedom; (198) honors the memory of Staff Sergeant (217) honors the memory of First Lieuten- (180) honors the memory of Private First Riayan Augusto Tejeda, 26, of New York, ant Osbaldo Orozco, 26, of Delano, California, Class Gregory Paul Huxley, Jr., 19, of New York, who died on April 11, 2003, in serv- who died on April 25, 2003, in service to the Forestport, New York, who died on April 6, ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; 2003, in service to the United States in Oper- Freedom; (218) honors the memory of Specialist ation Iraqi Freedom; (199) honors the memory of Corporal Jesus Narson Bertil Sullivan, 21, of North Bruns- (181) honors the memory of Private Kelley Angel Gonzalez, 22, of Indio, California, who wick, New Jersey, who died on April 25, 2003, Stephen Prewitt, 24, of Birmingham, Ala- died on April 12, 2003, in service to the in service to the United States in Operation bama, who died on April 6, 2003, in service to United States in Operation Iraqi Freedom; Iraqi Freedom; the United States in Operation Iraqi Free- (200) honors the memory of Lance Corporal (219) honors the memory of First Sergeant dom; David Edward Owens, Jr., 20, of Winchester, Joe Jesus Garza, 43, of Robstown, Texas, who (182) honors the memory of Lance Corporal Virginia, who died on April 12, 2003, in serv- died on April 28, 2003, in service to the Andrew Julian Aviles, 18, of Palm Beach, ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Florida, who died on April 7, 2003, in service Freedom; (220) honors the memory of Private First to the United States in Operation Iraqi Free- (201) honors the memory of Commander Jo- Class Jesse Alan Givens, 34, of Springfield, dom; seph Acevedo, 46, of Bronx, New York, who Missouri, who died on May 1, 2003, in service (183) honors the memory of Captain Eric died on April 13, 2003, in service to the to the United States in Operation Iraqi Free- Bruce Das, 30, of Amarillo, Texas, who died United States in Operation Iraqi Freedom; dom; on April 7, 2003, in service to the United (202) honors the memory of Specialist Gil (221) honors the memory of Sergeant Sean States in Operation Iraqi Freedom; Mercado, 25, of Paterson, New Jersey, who C. Reynolds, 25, of East Lansing, Michigan, (184) honors the memory of Staff Sergeant died on April 13, 2003, in service to the who died on May 3, 2003, in service to the Lincoln Daniel Hollinsaid, 27, of Malden, Illi- United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; nois, who died on April 7, 2003, in service to (203) honors the memory of Private First (222) honors the memory of Private Jason the United States in Operation Iraqi Free- Class John Eli Brown, 21, of Troy, Alabama, L. Deibler, 20, of Coeburn, Virginia, who died dom; who died on April 14, 2003, in service to the on May 4, 2003, in service to the United (185) honors the memory of Second Lieu- United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; tenant Jeffrey Joseph Kaylor, 24, of Clifton, (204) honors the memory of Specialist (223) honors the memory of Private First Virginia, who died on April 7, 2003, in service Thomas Arthur Foley III, 23, of Dresden, Class Marlin T. Rockhold, 23, of Hamilton, to the United States in Operation Iraqi Free- Tennessee, who died on April 14, 2003, in serv- Ohio, who died on May 8, 2003, in service to dom; ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- (186) honors the memory of Corporal Jesus Freedom; dom; Martin Antonio Medellin, 21, of Fort Worth, (205) honors the memory of Corporal (224) honors the memory of Lance Corporal Texas, who died on April 7, 2003, in service to Armando Ariel Gonzalez, 25, of Hileah, Flor- Cedric E. Bruns, 22, of Vancouver, Wash- the United States in Operation Iraqi Free- ida, who died on April 14, 2003, in service to ington, who died on May 9, 2003, in service to dom; the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- (187) honors the memory of Private First dom; dom; Class Anthony Scott Miller, 19, of San Anto- (206) honors the memory of Specialist (225) honors the memory of Corporal Rich- nio, Texas, who died on April 7, 2003, in serv- Richard Allen Goward, 32, of Midland, Michi- ard P. Carl, 26, of King Hill, Idaho, who died ice to the United States in Operation Iraqi gan, who died on April 14, 2003, in service to on May 9, 2003, in service to the United Freedom; the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; (188) honors the memory of Specialist dom; (226) honors the memory of Chief Warrant George Arthur Mitchell, Jr., 35, of Rawlings, (207) honors the memory of Private First Officer Hans N. Gukeisen, 31, of Lead, South Maryland, who died on April 7, 2003, in serv- Class Joseph Patrick Mayek, 20, of Rock Dakota, who died on May 9, 2003, in service

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13817 to the United States in Operation Iraqi Free- (245) honors the memory of Private David died on June 7, 2003, in service to the United dom; Evans, Jr., 18, of Buffalo, New York, who States in Operation Iraqi Freedom; (227) honors the memory of Chief Warrant died on May 25, 2003, in service to the United (265) honors the memory of Sergeant Mi- Officer Brian K. Van Dusen, 39, of Columbus, States in Operation Iraqi Freedom; chael E. Dooley, 23, of Pulaski, Virginia, who Ohio, who died on May 9, 2003, in service to (246) honors the memory of Sergeant died on June 8, 2003, in service to the United the United States in Operation Iraqi Free- Keman L. Mitchell, 24, of Hilliard, Florida, States in Operation Iraqi Freedom; dom; who died on May 26, 2003, in service to the (266) honors the memory of Private First (228) honors the memory of Lance Corporal United States in Operation Iraqi Freedom; Class Gavin L. Neighbor, 20, of Somerset, Matthew R. Smith, 20, of Anderson, Indiana, (247) honors the memory of Private Ken- Ohio, who died on June 10, 2003, in service to who died on May 10, 2003, in service to the neth A. Nalley, 19, of Hamburg, Iowa, who the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; died on May 26, 2003, in service to the United dom; (229) honors the memory of Lance Corporal States in Operation Iraqi Freedom; (267) honors the memory of Specialist John Jakub Henryk Kowalik, 21, of Schaumburg, (248) honors the memory of Staff Sergeant K. Klinesmith, Jr., 25, of Stockbridge, Geor- Illinois, who died on May 12, 2003, in service Brett J. Petriken, 30, of Mundy Township, gia, who died on June 12, 2003, in service to to the United States in Operation Iraqi Free- Michigan, who died on May 26, 2003, in serv- the United States in Operation Iraqi Free- dom; ice to the United States in Operation Iraqi dom; (230) honors the memory of Private First Freedom; (268) honors the memory of Staff Sergeant Class Jose F. Gonzalez Rodriguez, 19, of Nor- (249) honors the memory of Major Matthew Andrew R. Pokorny, 30, of Naperville, Illi- walk, California, who died on May 12, 2003, in nois, who died on June 13, 2003, in service to E. Schram, 36, of Brookfield, Wisconsin, who service to the United States in Operation the United States in Operation Iraqi Free- died on May 26, 2003, in service to the United Iraqi Freedom; dom; States in Operation Iraqi Freedom; (231) honors the memory of Staff Sergeant (269) honors the memory of Private First (250) honors the memory of Private First Patrick Lee Griffin, Jr., 31, of Elgin, South Class Ryan R. Cox, 19, of Derby, Kansas, who Class Jeremiah D. Smith, 25, of Odessa, Mis- Carolina, who died on May 13, 2003, in service died on June 15, 2003, in service to the United souri, who died on May 26, 2003, in service to to the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- dom; (270) honors the memory of Private Shawn (232) honors the memory of Lance Corporal dom; D. Pahnke, 25, of Shelbyville, Indiana, who Nicholas Brian Kleiboeker, 19, of Irvington, (251) honors the memory of Sergeant died on June 16, 2003, in service to the United Illinois, who died on May 13, 2003, in service Thomas F. Broomhead, 34, of Cannon City, States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- Colorado, who died on May 27, 2003, in service (271) honors the memory of Specialist Jo- dom; to the United States in Operation Iraqi Free- seph D. Suell, 24, of Lufkin, Texas, who died (233) honors the memory of Specialist dom; on June 16, 2003, in service to the United David T. Nutt, 22, of Blackshear, Georgia, (252) honors the memory of Staff Sergeant States in Operation Iraqi Freedom; who died on May 14, 2003, in service to the Michael B. Quinn, 37, of Tampa, Florida, who (272) honors the memory of Private Robert United States in Operation Iraqi Freedom; died on May 27, 2003, in service to the United L. Frantz, 19, of San Antonio, Texas, who (234) honors the memory of Master Ser- States in Operation Iraqi Freedom; died on June 17, 2003, in service to the United geant William L. Payne, 46, of Otsego, Michi- (253) honors the memory of Staff Sergeant States in Operation Iraqi Freedom; gan, who died on May 16, 2003, in service to Kenneth R. Bradley, 39, of Utica, Mississippi, (273) honors the memory of Sergeant Mi- the United States in Operation Iraqi Free- who died on May 28, 2003, in service to the chael L. Tosto, 24, of Apex, North Carolina, dom; United States in Operation Iraqi Freedom; who died on June 17, 2003, in service to the (235) honors the memory of Sergeant First (254) honors the memory of Specialist Jose United States in Operation Iraqi Freedom; Class John E. Taylor, 31, of Wichita Falls, A. Perez III, 22, of San Diego, Texas, who (274) honors the memory of Private First Texas, who died on May 17, 2003, in service to died on May 28, 2003, in service to the United Class Michael R. Deuel, 21, of Nemo, South the United States in Operation Enduring States in Operation Iraqi Freedom; Dakota, who died on June 18, 2003, in service Freedom; (255) honors the memory of Specialist Mi- to the United States in Operation Iraqi Free- (236) honors the memory of Corporal Doug- chael T. Gleason, 25, of Warren, Pennsyl- dom; las Jose Marencoreyes, 28, of Chino, Cali- vania, who died on May 30, 2003, in service to (275) honors the memory of Staff Sergeant fornia, who died on May 18, 2003, in service to the United States in Operation Iraqi Free- William T. Latham, 29, of Kingman, Arizona, the United States in Operation Iraqi Free- dom; who died on June 18, 2003, in service to the dom; (256) honors the memory of Specialist Kyle United States in Operation Iraqi Freedom; (237) honors the memory of Specialist A. Griffin, 20, of Emerson, New Jersey, who (276) honors the memory of Specialist Paul Rasheed Sahib, 22, of Brooklyn, New York, died on May 30, 2003, in service to the United T. Nakamura, 21, of Santa Fe Springs, Cali- who died on May 18, 2003, in service to the States in Operation Iraqi Freedom; fornia, who died on June 19, 2003, in service United States in Operation Iraqi Freedom; (257) honors the memory of Specialist to the United States in Operation Iraqi Free- (238) honors the memory of Lieutenant Zachariah W. Long, 20, of Milton, Pennsyl- dom; Colonel Dominic Rocco Baragona, 42, of vania, who died on May 30, 2003, in service to (277) honors the memory of Captain Seth Niles, Ohio, who died on May 19, 2003, in serv- the United States in Operation Iraqi Free- R. Michaud, 27, of Hudson, Massachusetts, ice to the United States in Operation Iraqi dom; who died on June 22, 2003, in service to the Freedom; (258) honors the memory of Sergeant Jona- United States in Operation Enduring Free- (239) honors the memory of Captain An- than W. Lambert, 28, of Newsite, Mississippi, dom; drew David LaMont, 31, of Eureka, Cali- who died on June 1, 2003, in service to the (278) honors the memory of Specialist fornia, who died on May 19, 2003, in service to United States in Operation Iraqi Freedom; Orenthial Javon Smith, 21, of Allendale, the United States in Operation Iraqi Free- (259) honors the memory of Sergeant South Carolina, who died on June 22, 2003, in dom; Atanasio Haro Marin, Jr., 27, of Baldwin service to the United States in Operation (240) honors the memory of Lance Corporal Park, California, who died on June 3, 2003, in Iraqi Freedom; Jason William Moore, 21, of San Marcos, service to the United States in Operation (279) honors the memory of Specialist California, who died on May 19, 2003, in serv- Iraqi Freedom; Cedric Lamont Lennon, 32, of West Blocton, ice to the United States in Operation Iraqi (260) honors the memory of Private First Alabama, who died on June 24, 2003, in serv- Freedom; Class Branden F. Oberleitner, 20, of Wor- ice to the United States in Operation Iraqi (241) honors the memory of First Lieuten- thington, Ohio, who died on June 5, 2003, in Freedom; ant Timothy Louis Ryan, 30, of Aurora, Illi- service to the United States in Operation (280) honors the memory of Specialist An- nois, who died on May 19, 2003, in service to Iraqi Freedom; drew F. Chris, 25, of Huntsville, Alabama, the United States in Operation Iraqi Free- (261) honors the memory of Petty Officer who died on June 25, 2003, in service to the dom; Third Class Doyle W. Bollinger, Jr., 21, of United States in Operation Iraqi Freedom; (242) honors the memory of Sergeant Kirk Poteau, Oklahoma, who died on June 6, 2003, (281) honors the memory of Lance Corporal Allen Straseskie, 23, of Beaver Dam, Wis- in service to the United States in Operation Gregory E. MacDonald, 29, of Washington, consin, who died on May 19, 2003, in service Iraqi Freedom; District of Columbia, who died on June 25, to the United States in Operation Iraqi Free- (262) honors the memory of Sergeant Trav- 2003, in service to the United States in Oper- dom; is L. Burkhardt, 26, of Edina, Missouri, who ation Iraqi Freedom; (243) honors the memory of Staff Sergeant died on June 6, 2003, in service to the United (282) honors the memory of Private First Aaron Dean White, 27, of Shawnee, Okla- States in Operation Iraqi Freedom; Class Kevin C. Ott, 27, of Columbus, Ohio, homa, who died on May 19, 2003, in service to (263) honors the memory of Petty Officer who died on June 25, 2003, in service to the the United States in Operation Iraqi Free- Third Class David Sisung, 21, of Phoenix, Ar- United States in Operation Iraqi Freedom; dom; izona, who died on June 6, 2003, in service to (283) honors the memory of Sergeant First (244) honors the memory of Specialist Na- the United States in Operation Iraqi Free- Class Gladimir Philippe, 32, of Linden, New thaniel A. Caldwell, 27, of Omaha, Nebraska, dom; Jersey, who died on June 25, 2003, in service who died on May 21, 2003, in service to the (264) honors the memory of Private Jesse to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; M. Halling, 19, of Indianapolis, Indiana, who dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 S13818 CONGRESSIONAL RECORD — SENATE December 16, 2005 (284) honors the memory of First Class (303) honors the memory of Sergeant Chris- (322) honors the memory of Corporal Mark Petty Officer Thomas E. Retzer, 30, of San topher P. Geiger, 38, of Allentown, Pennsyl- Anthony Bibby, 25, of Watha, North Caro- Diego, California, who died on June 25, 2003, vania, who died on July 9, 2003, in service to lina, who died on July 21, 2003, in service to in service to the United States in Operation the United States in Operation Enduring the United States in Operation Iraqi Free- Enduring Freedom; Freedom; dom; (285) honors the memory of Specialist (304) honors the memory of Sergeant Roger (323) honors the memory of Specialist Jon Corey A. Hubbell, 20, of Urbana, Illinois, who Dale Rowe, 54, of Bon Aqua, Tennessee, who P. Fettig, 30, of Dickinson, North Dakota, died on June 26, 2003, in service to the United died on July 9, 2003, in service to the United who died on July 22, 2003, in service to the States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (286) honors the memory of Hospitalman (305) honors the memory of Lance Corporal (324) honors the memory of Captain Joshua Joshua McIntosh, 22, of Kingman, Arizona, Jason Tetrault, 20, of Moreno Valley, Cali- T. Byers, 29, of Mountville, South Carolina, who died on June 26, 2003, in service to the fornia, who died on July 9, 2003, in service to who died on July 23, 2003, in service to the United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; (287) honors the memory of Specialist dom; (325) honors the memory of Specialist Richard P. Orengo, 32, of Toa Alta, Puerto (306) honors the memory of Sergeant Me- Brett T. Christian, 27, of North Royalton, Rico, who died on June 26, 2003, in service to lissa Valles, 26, of Eagle Pass, Texas, who Ohio, who died on July 23, 2003, in service to the United States in Operation Iraqi Free- died on July 9, 2003, in service to the United the United States in Operation Iraqi Free- dom; States in Operation Iraqi Freedom; dom; (326) honors the memory of Corporal Evan (288) honors the memory of Corporal (307) honors the memory of Specialist Asa Ashcraft, 24, of West Hills, California, Tomas Sotelo, Jr., 20, of Houston, Texas, who Christian C. Schultz, 20, of Colleyville, who died on July 24, 2003, in service to the died on June 27, 2003, in service to the United Texas, who died on July 11, 2003, in service to United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (327) honors the memory of Private First (289) honors the memory of Sergeant Tim- dom; Class Raheen Tyson Heighter, 22, of Bay othy M. Conneway, 22, of Enterprise, Ala- (308) honors the memory of Specialist Shore, New York, who died on July 24, 2003, bama, who died on June 28, 2003, in service to Joshua M. Neusche, 20, of Montreal, Mis- in service to the United States in Operation the United States in Operation Iraqi Free- souri, who died on July 12, 2003, in service to Iraqi Freedom; dom; the United States in Operation Iraqi Free- (328) honors the memory of Staff Sergeant (290) honors the memory of Specialist Kel- dom; Hector R. Perez, 40, of Corpus Christi, Texas, vin Feliciano Gutierrez, 21, of Anasco, Puer- (309) honors the memory of Captain Paul J. who died on July 24, 2003, in service to the to Rico, who died on June 28, 2003, in service Cassidy, 36, of Laingsburg, Michigan, who United States in Operation Iraqi Freedom; to the United States in Operation Enduring died on July 13, 2003, in service to the United (329) honors the memory of Sergeant Juan Freedom; States in Operation Iraqi Freedom; M. Serrano, 31, of Manati, Puerto Rico, who (291) honors the memory of First Sergeant (310) honors the memory of Sergeant Jaror died on July 24, 2003, in service to the United Christopher D. Coffin, 51, of Bethlehem, C. Puello-Coronado, 36, of Pocono Summit, States in Operation Iraqi Freedom; Pennsylvania, who died on July 1, 2003, in Pennsylvania, who died on July 13, 2003, in (330) honors the memory of Specialist Jon- service to the United States in Operation service to the United States in Operation athan P. Barnes, 21, of Anderson, Missouri, Iraqi Freedom; Iraqi Freedom; who died on July 26, 2003, in service to the (292) honors the memory of Corporal Travis (311) honors the memory of Sergeant Mi- United States in Operation Iraqi Freedom; J. Bradachnall, 21, of Multnomah County, chael T. Crockett, 27, of Soperton, Georgia, (331) honors the memory of Private First Oregon, who died on July 2, 2003, in service who died on July 14, 2003, in service to the Class Jonathan M. Cheatham, 19, of Camden, to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Arkansas, who died on July 26, 2003, in serv- dom; (312) honors the memory of Lance Corporal ice to the United States in Operation Iraqi (293) honors the memory of Private First Cory Ryan Geurin, 18, of Santee, California, Freedom; Class Edward J. Herrgott, 20, of Shakopee, who died on July 15, 2003, in service to the (332) honors the memory of Sergeant Dan- Minnesota, who died on July 3, 2003, in serv- United States in Operation Iraqi Freedom; iel K. Methvin, 22, of Belton, Texas, who died ice to the United States in Operation Iraqi (313) honors the memory of Specialist on July 26, 2003, in service to the United Freedom; Ramon Reyes Torres, 29, of Caguas, Puerto States in Operation Iraqi Freedom; (294) honors the memory of Private First Rico, who died on July 16, 2003, in service to (333) honors the memory of Specialist Class Corey L. Small, 20, of East Berlin, the United States in Operation Iraqi Free- Wilfredo Perez, Jr., 24, of Norwalk, Con- Pennsylvania, who died on July 3, 2003, in dom; necticut, who died on July 26, 2003, in service service to the United States in Operation (314) honors the memory of Petty Officer to the United States in Operation Iraqi Free- Iraqi Freedom; Third Class David J. Moreno, 26, of Gering, dom; (295) honors the memory of Master Ser- Nebraska, who died on July 17, 2003, in serv- (334) honors the memory of Sergeant Heath geant James Curtis Coons, 35, of Conroe, ice to the United States in Operation Iraqi A. McMillin, 29, of Canandaigua, New York, Texas, who died on July 4, 2003, in service to Freedom; who died on July 27, 2003, in service to the the United States in Operation Iraqi Free- (315) honors the memory of Sergeant United States in Operation Iraqi Freedom; dom; Mason Douglas Whetstone, 30, of Anchorage, (335) honors the memory of Sergeant Na- (296) honors the memory of Sergeant David Alaska, who died on July 17, 2003, in service thaniel Hart, Jr., 29, of Valdosta, Georgia, B. Parson, 30, of Kannapolis, North Carolina, to the United States in Operation Iraqi Free- who died on July 28, 2003, in service to the who died on July 6, 2003, in service to the dom; United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (316) honors the memory of Specialist Joel (336) honors the memory of Specialist Wil- (297) honors the memory of Specialist Jef- L. Bertoldie, 20, of Independence, Missouri, liam J. Maher III, 35, of Yardley, Pennsyl- frey M. Wershow, 22, of Gainesville, Florida, who died on July 18, 2003, in service to the vania, who died on July 28, 2003, in service to who died on July 6, 2003, in service to the United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; (317) honors the memory of Second Lieu- dom; (298) honors the memory of Specialist Chad tenant Jonathan D. Rozier, 25, of Katy, (337) honors the memory of Captain Leif E. L. Keith, 21, of Batesville, Indiana, who died Texas, who died on July 19, 2003, in service to Nott, 24, of Cheyenne, Wyoming, who died on on July 7, 2003, in service to the United the United States in Operation Iraqi Free- July 30, 2003, in service to the United States States in Operation Iraqi Freedom; dom; in Operation Iraqi Freedom; (299) honors the memory of Staff Sergeant (318) honors the memory of Sergeant Jus- (338) honors the memory of Private Mi- Barry Sanford, Sr., 46, of Aurora, Colorado, tin W. Garvey, 23, of Townsend, Massachu- chael J. Deutsch, 21, of Dubuque, Iowa, who who died on July 7, 2003, in service to the setts, who died on July 20, 2003, in service to died on July 31, 2003, in service to the United United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; (300) honors the memory of Sergeant First dom; (339) honors the memory of Specialist Class Craig A. Boling, 38, of Elkhart, Indi- (319) honors the memory of Sergeant Jason James I. Lambert III, 22, of Raleigh, North ana, who died on July 8, 2003, in service to D. Jordan, 24, of Elba, Alabama, who died on Carolina, who died on July 31, 2003, in service the United States in Operation Iraqi Free- July 20, 2003, in service to the United States to the United States in Operation Iraqi Free- dom; in Operation Iraqi Freedom; dom; (301) honors the memory of Private Robert (320) honors the memory of Master Ser- (340) honors the memory of Specialist Jus- L. McKinley, 23, of Kokomo, Indiana, who geant David A. Scott, 51, of Union, Ohio, who tin W. Hebert, 20, of Arlington, Washington, died on July 8, 2003, in service to the United died on July 20, 2003, in service to the United who died on August 1, 2003, in service to the States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (302) honors the memory of Sergeant First (321) honors the memory of Sergeant First (341) honors the memory of Specialist Class Dan H. Gabrielson, 39, of Spooner, Wis- Class Christopher R. Willoughby, 29, of Farao K. Letufuga, 20, of Pago Pago, Amer- consin, who died on July 9, 2003, in service to Phenix City, Alabama, who died on July 20, ican Samoa, who died on August 5, 2003, in the United States in Operation Iraqi Free- 2003, in service to the United States in Oper- service to the United States in Operation dom; ation Iraqi Freedom; Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.178 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13819 (342) honors the memory of Staff Sergeant ice to the United States in Operation Iraqi (380) honors the memory of Staff Sergeant David L. Loyd, 44, of Jackson, Tennessee, Freedom; Joseph Camara, 40, of New Bedford, Massa- who died on August 5, 2003, in service to the (362) honors the memory of Specialist Ken- chusetts, who died on September 1, 2003, in United States in Operation Iraqi Freedom; neth W. Harris, Jr., 23, of Charlotte, Ten- service to the United States in Operation (343) honors the memory of Specialist nessee, who died on August 20, 2003, in serv- Iraqi Freedom; Zeferino E. Colunga, 20, of Bellville, Texas, ice to the United States in Operation Iraqi (381) honors the memory of Staff Sergeant who died on August 6, 2003, in service to the Freedom; Cameron B. Sarno, 43, of Waipahu, Hawaii, United States in Operation Iraqi Freedom; (363) honors the memory of Petty Officer who died on September 1, 2003, in service to (344) honors the memory of Private Kyle C. First Class David M. Tapper, 32, of Camden the United States in Operation Iraqi Free- Gilbert, 20, of Brattleboro, Vermont, who County, New Jersey, who died on August 20, dom; died on August 6, 2003, in service to the 2003, in service to the United States in Oper- (382) honors the memory of Private First United States in Operation Iraqi Freedom; ation Enduring Freedom; Class Christopher A. Sisson, 20, of Oak Park, (345) honors the memory of Staff Sergeant (364) honors the memory of Private First Illinois, who died on September 2, 2003, in Brian R. Hellerman, 35, of Freeport, Min- Class Michael S. Adams, 20, of Spartanburg, service to the United States in Operation nesota, who died on August 6, 2003, in service South Carolina, who died on August 21, 2003, Iraqi Freedom; to the United States in Operation Iraqi Free- in service to the United States in Operation (383) honors the memory of Technical Ser- dom; Iraqi Freedom; geant Bruce E. Brown, 32, of Coatopa, Ala- (346) honors the memory of Sergeant Leon- (365) honors the memory of Lieutenant bama, who died on September 4, 2003, in serv- ard D. Simmons, 33, of New Bern, North Kylan A. Jones-Huffman, 31, of Aptos, Cali- ice to the United States in Operation Iraqi Carolina, who died on August 6, 2003, in serv- fornia, who died on August 21, 2003, in service Freedom; ice to the United States in Operation Iraqi to the United States in Operation Iraqi Free- (384) honors the memory of Specialist Freedom; dom; Jarrett B. Thompson, 27, of Dover, Delaware, (347) honors the memory of Private First (366) honors the memory of Private First who died on September 7, 2003, in service to Class Duane E. Longstreth, 19, of Tacoma, Class Vorn J. Mack, 19, of Orangeburg, South the United States in Operation Iraqi Free- Washington, who died on August 7, 2003, in Carolina, who died on August 23, 2003, in dom; service to the United States in Operation service to the United States in Operation (385) honors the memory of Specialist Ryan Iraqi Freedom; Iraqi Freedom; G. Carlock, 25, of Macomb, Illinois, who died (348) honors the memory of Private Mat- (367) honors the memory of Specialist Ste- on September 9, 2003, in service to the United thew D. Bush, 20, of East Alton, Illinois, who phen M. Scott, 21, of Lawton, Oklahoma, who States in Operation Iraqi Freedom; died on August 8, 2003, in service to the died on August 23, 2003, in service to the (386) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Joseph E. Robsky, Jr., 31, of Elizaville, New (349) honors the memory of Private First (368) honors the memory of Specialist Ron- York, who died on September 10, 2003, in Class Brandon Ramsey, 21, of Calumet City, ald D. Allen, Jr., 22, of Mitchell, Indiana, service to the United States in Operation Illinois, who died on August 8, 2003, in serv- who died on August 25, 2003, in service to the Iraqi Freedom; ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; (387) honors the memory of Sergeant Henry Freedom; (369) honors the memory of Private First Ybarra III, 32, of Austin, Texas, who died on (350) honors the memory of Specialist Levi Class Pablo Manzano, 19, of Heber, Cali- September 11, 2003, in service to the United B. Kinchen, 21, of Tickfaw, Louisiana, who fornia, who died on August 25, 2003, in service States in Operation Iraqi Freedom; died on August 9, 2003, in service to the to the United States in Operation Iraqi Free- (388) honors the memory of Sergeant First United States in Operation Iraqi Freedom; dom; Class William M. Bennett, 35, of Seymour, (351) honors the memory of Sergeant Floyd (370) honors the memory of Specialist Tennessee, who died on September 12, 2003, in G. Knighten, Jr., 55, of Olla, Louisiana, who Darryl T. Dent, 21, of Washington, District of service to the United States in Operation died on August 9, 2003, in service to the Columbia, who died on August 26, 2003, in Iraqi Freedom; United States in Operation Iraqi Freedom; service to the United States in Operation (389) honors the memory of Master Ser- (352) honors the memory of Staff Sergeant Iraqi Freedom; geant Kevin N. Morehead, 33, of Little Rock, David S. Perry, 36, of Bakersfield, California, (371) honors the memory of Sergeant Greg- Arkansas, who died on September 12, 2003, in who died on August 10, 2003, in service to the ory A. Belanger, 24, of Narragansett, Rhode service to the United States in Operation United States in Operation Iraqi Freedom; Island, who died on August 27, 2003, in service Iraqi Freedom; (353) honors the memory of Private First to the United States in Operation Iraqi Free- (390) honors the memory of Sergeant Class Timmy R. Brown, Jr., 21, of Conway, dom; Trevor A. Blumberg, 22, of Canton, Michigan, Pennsylvania, who died on August 12, 2003, in (372) honors the memory of Specialist who died on September 14, 2003, in service to service to the United States in Operation Rafael L. Navea, 34, of Pittsburgh, Pennsyl- the United States in Operation Iraqi Free- Iraqi Freedom; vania, who died on August 27, 2003, in service dom; (354) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- (391) honors the memory of Staff Sergeant Richard S. Eaton, Jr., 37, of Guilford, Con- dom; Kevin C. Kimmerly, 31, of North Creek, New necticut, who died on August 12, 2003, in (373) honors the memory of Lieutenant York, who died on September 15, 2003, in service to the United States in Operation Colonel Anthony L. Sherman, 43, of Potts- service to the United States in Operation Iraqi Freedom; town, Pennsylvania, who died on August 27, Iraqi Freedom; (355) honors the memory of Private First 2003, in service to the United States in Oper- (392) honors the memory of Specialist Class Daniel R. Parker, 18, of Lake Elsinore, ation Iraqi Freedom; Alyssa R. Peterson, 27, of Flagstaff, Arizona, California, who died on August 12, 2003, in (374) honors the memory of Sergeant First who died on September 15, 2003, in service to service to the United States in Operation Class Mitchell A. Lane, 34, of Lompoc, Cali- the United States in Operation Iraqi Free- Iraqi Freedom; fornia, who died on August 29, 2003, in service dom; (356) honors the memory of Sergeant Taft to the United States in Operation Enduring (393) honors the memory of Sergeant Fos- V. Williams, 29, of New Orleans, Louisiana, Freedom; ter Pinkston, 47, of Warrenton, Georgia, who who died on August 12, 2003, in service to the (375) honors the memory of Staff Sergeant died on September 16, 2003, in service to the United States in Operation Iraqi Freedom; Mark A. Lawton, 41, of Hayden, Colorado, United States in Operation Iraqi Freedom; (357) honors the memory of Sergeant Ste- who died on August 29, 2003, in service to the (394) honors the memory of Specialist ven W. White, 29, of Lawton, Oklahoma, who United States in Operation Iraqi Freedom; Richard Arriaga, 20, of Ganado, Texas, who died on August 13, 2003, in service to the (376) honors the memory of Sergeant Sean died on September 18, 2003, in service to the United States in Operation Iraqi Freedom; K. Cataudella, 28, of Tucson, Arizona, who United States in Operation Iraqi Freedom; (358) honors the memory of Private First died on August 30, 2003, in service to the (395) honors the memory of Captain Brian Class David M. Kirchhoff, 31, of Anamosa, United States in Operation Iraqi Freedom; R. Faunce, 28, of Philadelphia, Pennsylvania, Iowa, who died on August 14, 2003, in service (377) honors the memory of Specialist Chad who died on September 18, 2003, in service to to the United States in Operation Iraqi Free- C. Fuller, 24, of Potsdam, New York, who the United States in Operation Iraqi Free- dom; died on August 31, 2003, in service to the dom; (359) honors the memory of Specialist United States in Operation Enduring Free- (396) honors the memory of Sergeant An- Craig S. Ivory, 26, of Port Matilda, Pennsyl- dom; thony O. Thompson, 26, of Orangeburg, South vania, who died on August 17, 2003, in service (378) honors the memory of Private First Carolina, who died on September 18, 2003, in to the United States in Operation Iraqi Free- Class Adam L. Thomas, 21, of Palos Hills, Il- service to the United States in Operation dom; linois, who died on August 31, 2003, in service Iraqi Freedom; (360) honors the memory of Specialist Eric to the United States in Operation Enduring (397) honors the memory of Specialist R. Hull, 23, of Uniontown, Pennsylvania, who Freedom; James C. Wright, 27, of Morgan, Texas, who died on August 18, 2003, in service to the (379) honors the memory of Sergeant died on September 18, 2003, in service to the United States in Operation Iraqi Freedom; Charles Todd Caldwell, 38, of North Provi- United States in Operation Iraqi Freedom; (361) honors the memory of Staff Sergeant dence, Rhode Island, who died on September (398) honors the memory of Specialist Bobby C. Franklin, 38, of Mineral Bluff, 1, 2003, in service to the United States in Op- Lunsford B. Brown II, 27, of Creedmore, Georgia, who died on August 20, 2003, in serv- eration Iraqi Freedom; North Carolina, who died on September 20,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.179 S16DEPT1 S13820 CONGRESSIONAL RECORD — SENATE December 16, 2005 2003, in service to the United States in Oper- (417) honors the memory of Specialist to the United States in Operation Iraqi Free- ation Iraqi Freedom; James H. Pirtle, 27, of La Mesa, New Mexico, dom; (399) honors the memory of Sergeant David who died on October 3, 2003, in service to the (437) honors the memory of Staff Sergeant Travis Friedrich, 26, of Hammond, New York, United States in Operation Iraqi Freedom; Paul J. Johnson, 29, of Calumet, Michigan, who died on September 20, 2003, in service to (418) honors the memory of Private First who died on October 20, 2003, in service to the the United States in Operation Iraqi Free- Class Charles M. Sims, 18, of Miami, Florida, United States in Operation Iraqi Freedom; dom; who died on October 3, 2003, in service to the (438) honors the memory of Private First (400) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; Class Paul J. Bueche, 19, of Daphne, Ala- Frederick L. Miller, Jr., 27, of Hagerstown, (419) honors the memory of Specialist bama, who died on October 21, 2003, in service Indiana, who died on September 20, 2003, in Spencer Timothy Karol, 20, of Woodruff, Ari- to the United States in Operation Iraqi Free- service to the United States in Operation zona, who died on October 6, 2003, in service dom; Iraqi Freedom; to the United States in Operation Iraqi Free- (439) honors the memory of Specialist John (401) honors the memory of Specialist Paul dom; P. Johnson, 24, of Houston, Texas, who died J. Sturino, 21, of Rice Lake, Wisconsin, who (420) honors the memory of Private First on October 22, 2003, in service to the United died on September 22, 2003, in service to the Class Kerry D. Scott, 21, of Mount Vernon, States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Washington, who died on October 6, 2003, in (440) honors the memory of Private Jason (402) honors the memory of Specialist Mi- service to the United States in Operation M. Ward, 25, of Tulsa, Oklahoma, who died chael Andrade, 28, of Bristol, Rhode Island, Iraqi Freedom; on October 22, 2003, in service to the United who died on September 24, 2003, in service to (421) honors the memory of Second Lieu- States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- tenant Richard Torres, 25, of Clarksville, (441) honors the memory of Captain John dom; Tennessee, who died on October 6, 2003, in R. Teal, 31, of Mechanicsville, Virginia, who (403) honors the memory of Captain Robert service to the United States in Operation died on October 23, 2003, in service to the L. Lucero, 34, of Casper, Wyoming, who died Iraqi Freedom; United States in Operation Iraqi Freedom; on September 25, 2003, in service to the (422) honors the memory of Specialist Jo- (442) honors the memory of Specialist United States in Operation Iraqi Freedom; seph C. Norquist, 26, of San Antonio, Texas, Artimus D. Brassfield, 22, of Flint, Michigan, (404) honors the memory of Sergeant First who died on October 9, 2003, in service to the who died on October 24, 2003, in service to the Class Robert E. Rooney, 43, of Nashua, New United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Hampshire, who died on September 25, 2003, (423) honors the memory of Private Sean A. (443) honors the memory of Sergeant Mi- in service to the United States in Operation Silva, 23, of Roseville, California, who died chael S. Hancock, 29, of Yreka, California, Iraqi Freedom; on October 9, 2003, in service to the United who died on October 24, 2003, in service to the (405) honors the memory of Specialist Kyle States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; G. Thomas, 23, of Topeka, Kansas, who died (424) honors the memory of Staff Sergeant (444) honors the memory of Specialist Jose on September 25, 2003, in service to the Christopher W. Swisher, 26, of Lincoln, Ne- L. Mora, 26, of Bell Gardens, California, who United States in Operation Iraqi Freedom; braska, who died on October 9, 2003, in serv- died on October 24, 2003, in service to the (406) honors the memory of Sergeant An- ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; drew Joseph Baddick, 26, of Jim Thorpe, Freedom; (445) honors the memory of Seaman Jakia Pennsylvania, who died on September 29, (425) honors the memory of Specialist Sheree Cannon, 20, of Baltimore, Maryland, 2003, in service to the United States in Oper- James E. Powell, 26, of Radcliff, Kentucky, who died on October 25, 2003, in service to the ation Iraqi Freedom; who died on October 12, 2003, in service to the United States in Operation Iraqi Freedom; (407) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; (446) honors the memory of Civilian con- Christopher E. Cutchall, 30, of (426) honors the memory of Private First tractor William Carlson, 43, of Southern McConnellsburg, Pennsylvania, who died on Class Jose Casanova, 23, of El Monte, Cali- Pines, North Carolina, who died on October September 29, 2003, in service to the United fornia, who died on October 13, 2003, in serv- 25, 2003, in service to the United States in States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Operation Enduring Freedom; (408) honors the memory of Private First Freedom; (447) honors the memory of Civilian con- Class Evan W. O’Neill, 19, of Haverhill, Mas- (427) honors the memory of Private Ben- tractor Christopher Glenn Mueller, 32, of San sachusetts, who died on September 29, 2003, jamin L. Freeman, 19, of Valdosta, Georgia, Diego, California, who died on October 25, in service to the United States in Operation who died on October 13, 2003, in service to the 2003, in service to the United States in Oper- Enduring Freedom; United States in Operation Iraqi Freedom; ation Enduring Freedom; (409) honors the memory of Private First (428) honors the memory of Specialist (448) honors the memory of Private First Class Kristian E. Parker, 23, of Slidell, Lou- Douglas J. Weismantle, 28, of Pittsburgh, Class Steven Acosta, 19, of Calexico, Cali- isiana, who died on September 29, 2003, in Pennsylvania, who died on October 13, 2003, fornia, who died on October 26, 2003, in serv- service to the United States in Operation En- in service to the United States in Operation ice to the United States in Operation Iraqi during Freedom; Iraqi Freedom; Freedom; (410) honors the memory of Sergeant (429) honors the memory of Specialist Don- (449) honors the memory of Private First Darrin K. Potter, 24, of Louisville, Kentucky, ald L. Wheeler, 22, of Concord, Michigan, who Class Rachel K. Bosveld, 19, of Waupun, Wis- who died on September 29, 2003, in service to died on October 13, 2003, in service to the consin, who died on October 26, 2003, in serv- the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi dom; (430) honors the memory of Private First Freedom; (411) honors the memory of Specialist Class Stephen E. Wyatt, 19, of Kilgore, (450) honors the memory of Lieutenant Dustin K. McGaugh, 20, of Derby, Kansas, Texas, who died on October 13, 2003, in serv- Colonel Charles H. Buehring, 40, of Fayette- who died on September 30, 2003, in service to ice to the United States in Operation Iraqi ville, North Carolina, who died on October the United States in Operation Iraqi Free- Freedom; 26, 2003, in service to the United States in dom; (431) honors the memory of Staff Sergeant Operation Iraqi Freedom; (412) honors the memory of Command Ser- Joseph P. Bellavia, 28, of Wakefield, Massa- (451) honors the memory of Private Joseph geant James D. Blankenbecler, 40, of Alexan- chusetts, who died on October 16, 2003, in R. Guerrera, 20, of Dunn, North Carolina, dria, Virginia, who died on October 1, 2003, in service to the United States in Operation who died on October 26, 2003, in service to the service to the United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Iraqi Freedom; (432) honors the memory of Corporal Sean (452) honors the memory of Staff Sergeant (413) honors the memory of Private First R. Grilley, 24, of San Bernardino, California, Jamie L. Huggins, 26, of Hume, Missouri, Class Analaura Esparza Gutierrez, 21, of who died on October 16, 2003, in service to the who died on October 26, 2003, in service to the Houston, Texas, who died on October 1, 2003, United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; in service to the United States in Operation (433) honors the memory of Lieutenant (453) honors the memory of Sergeant Au- Iraqi Freedom; Colonel Kim S. Orlando, 43, of Tennessee, brey D. Bell, 33, of Tuskegee, Alabama, who (414) honors the memory of Specialist who died on October 16, 2003, in service to the died on October 27, 2003, in service to the Simeon Hunte, 23, of Essex, New Jersey, who United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; died on October 1, 2003, in service to the (434) honors the memory of Specialist Mi- (454) honors the memory of Private Jona- United States in Operation Iraqi Freedom; chael L. Williams, 46, of Buffalo, New York, than I. Falaniko, 20, of Pago Pago, American (415) honors the memory of Specialist who died on October 17, 2003, in service to the Samoa, who died on October 27, 2003, in serv- Tamarra J. Ramos, 24, of Quakertown, Penn- United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi sylvania, who died on October 1, 2003, in serv- (435) honors the memory of First Lieuten- Freedom; ice to the United States in Operation Iraqi ant David R. Bernstein, 24, of Phoenixville, (455) honors the memory of Private Freedom; Pennsylvania, who died on October 18, 2003, Algernon Adams, 36, of Aiken, South Caro- (416) honors the memory of Lieutenant in service to the United States in Operation lina, who died on October 28, 2003, in service Colonel Paul W. Kimbrough, 44, of Little Iraqi Freedom; to the United States in Operation Iraqi Free- Rock, Arkansas, who died on October 3, 2003, (436) honors the memory of Private First dom; in service to the United States in Operation Class John D. Hart, 20, of Bedford, Massachu- (456) honors the memory of Sergeant Mi- Enduring Freedom; setts, who died on October 18, 2003, in service chael Paul Barrera, 26, of Von Ormy, Texas,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.179 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13821 who died on October 28, 2003, in service to the (475) honors the memory of Specialist (493) honors the memory of Private Kurt R. United States in Operation Iraqi Freedom; Frances M. Vega, 20, of Fort Buchanan, Frosheiser, 22, of Des Moines, Iowa, who died (457) honors the memory of Specialist Isaac Puerto Rico, who died on November 2, 2003, on November 8, 2003, in service to the United Campoy, 21, of Douglas, Arizona, who died on in service to the United States in Operation States in Operation Iraqi Freedom; October 28, 2003, in service to the United Iraqi Freedom; (494) honors the memory of Sergeant Linda States in Operation Iraqi Freedom; (476) honors the memory of Staff Sergeant C. Jimenez, 39, of Brooklyn, New York, who (458) honors the memory of Staff Sergeant Paul A. Velasquez, 29, of San Diego, Cali- died on November 8, 2003, in service to the Paul A. Sweeney, 32, of Lakeville, Pennsyl- fornia, who died on November 2, 2003, in serv- United States in Operation Iraqi Freedom; vania, who died on October 30, 2003, in service to the United States in Operation Iraqi (495) honors the memory of Staff Sergeant ice to the United States in Operation Endur- Freedom; Mark D. Vasquez, 35, of Port Huron, Michi- ing Freedom; (477) honors the memory of Staff Sergeant gan, who died on November 8, 2003, in service (459) honors the memory of Second Lieu- Joe Nathan Wilson, 30, of Crystal Springs, to the United States in Operation Iraqi Free- tenant Todd J. Bryant, 23, of Riverside, Cali- Mississippi, who died on November 2, 2003, in dom; fornia, who died on October 31, 2003, in serv- service to the United States in Operation (496) honors the memory of Sergeant Nich- ice to the United States in Operation Iraqi Iraqi Freedom; olas A. Tomko, 24, of Pittsburgh, Pennsyl- Freedom; (478) honors the memory of Private First vania, who died on November 9, 2003, in serv- (460) honors the memory of First Lieuten- Class Rayshawn S. Johnson, 20, of Brooklyn, ice to the United States in Operation Iraqi ant Joshua C. Hurley, 24, of Virginia, who New York, who died on November 3, 2003, in Freedom; died on November 1, 2003, in service to the service to the United States in Operation (497) honors the memory of Specialist United States in Operation Iraqi Freedom; Iraqi Freedom; Genaro Acosta, 26, of Fair Oaks, California, (461) honors the memory of Specialist Mau- (479) honors the memory of Specialist Rob- who died on November 11, 2003, in service to rice J. Johnson, 21, of Levittown, Pennsyl- ert T. Benson, 20, of Spokane, Washington, the United States in Operation Iraqi Free- vania, who died on November 1, 2003, in serv- who died on November 4, 2003, in service to dom; ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- (498) honors the memory of Specialist Freedom; dom; Marlon P. Jackson, 25, of Jersey City, New (462) honors the memory of Staff Sergeant (480) honors the memory of Sergeant Fran- Jersey, who died on November 11, 2003, in Daniel A. Bader, 28, of Colorado Springs, Col- cisco Martinez, 28, of Humacao, Puerto Rico, service to the United States in Operation orado, who died on November 2, 2003, in serv- who died on November 4, 2003, in service to Iraqi Freedom; ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- (499) honors the memory of Staff Sergeant Freedom; dom; Nathan J. Bailey, 46, of Nashville, Tennessee, (463) honors the memory of Sergeant Er- (481) honors the memory of Sergeant First who died on November 12, 2003, in service to nest G. Bucklew, 33, of Enon Valley, Penn- Class Jose A. Rivera, 34, of Bayamon, Puerto the United States in Operation Iraqi Free- sylvania, who died on November 2, 2003, in Rico, who died on November 5, 2003, in serv- dom; service to the United States in Operation ice to the United States in Operation Iraqi (500) honors the memory of Specialist Rob- Iraqi Freedom; Freedom; ert A. Wise, 21, of Tallahassee, Florida, who (464) honors the memory of First Lieuten- (482) honors the memory of Specialist died on November 12, 2003, in service to the ant Benjamin J. Colgan, 30, of Kent, Wash- James A. Chance III, 25, of Kokomo, Mis- United States in Operation Iraqi Freedom; ington, who died on November 2, 2003, in sissippi, who died on November 6, 2003, in (501) honors the memory of Private First service to the United States in Operation service to the United States in Operation Class Jacob S. Fletcher, 28, of Bay Shore, Iraqi Freedom; Iraqi Freedom; New York, who died on November 13, 2003, in (465) honors the memory of Specialist Ste- (483) honors the memory of Sergeant Paul service to the United States in Operation ven Daniel Conover, 21, of Wilmington, Ohio, F. Fisher, 39, of Cedar Rapids, Iowa, who died Iraqi Freedom; who died on November 2, 2003, in service to on November 6, 2003, in service to the United (502) honors the memory of Sergeant Jo- the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; seph Minucci II, 23, of Richeyville, Pennsyl- dom; (484) honors the memory of Specialist vania, who died on November 13, 2003, in (466) honors the memory of Private First James R. Wolf, 21, of Scottsbluff, Nebraska, service to the United States in Operation Class Anthony D. Dagostino, 20, of Water- who died on November 6, 2003, in service to Iraqi Freedom; bury, Connecticut, who died on November 2, the United States in Operation Iraqi Free- (503) honors the memory of Sergeant Jay 2003, in service to the United States in Oper- dom; A. Blessing, 23, of Tacoma, Washington, who ation Iraqi Freedom; (485) honors the memory of Command Ser- died on November 14, 2003, in service to the (467) honors the memory of Specialist geant Major Cornell W. Gilmore I, 45, of Bal- United States in Operation Enduring Free- Darius T. Jennings, 22, of Cordova, South timore, Maryland, who died on November 7, dom; Carolina, who died on November 2, 2003, in 2003, in service to the United States in Oper- (504) honors the memory of Specialist Ir- service to the United States in Operation ation Iraqi Freedom; ving Medina, 22, of Middletown, New York, Iraqi Freedom; (486) honors the memory of Chief Warrant who died on November 14, 2003, in service to (468) honors the memory of Private First Officer (CW3) Kyran E. Kennedy, 43, of Bos- the United States in Operation Iraqi Free- Class Karina S. Lau, 20, of Livingston, Cali- ton, Massachusetts, who died on November 7, dom; fornia, who died on November 2, 2003, in serv- 2003, in service to the United States in Oper- (505) honors the memory of Sergeant Mi- ice to the United States in Operation Iraqi ation Iraqi Freedom; chael D. Acklin II, 25, of Louisville, Ken- Freedom; (487) honors the memory of Staff Sergeant tucky, who died on November 15, 2003, in (469) honors the memory of Sergeant Morgan DeShawn Kennon, 23, of Memphis, service to the United States in Operation Keelan L. Moss, 23, of Houston, Texas, who Tennessee, who died on November 7, 2003, in Iraqi Freedom; died on November 2, 2003, in service to the service to the United States in Operation (506) honors the memory of Specialist Ryan United States in Operation Iraqi Freedom; Iraqi Freedom; T. Baker, 24, of Brown Mills, New Jersey, (470) honors the memory of Specialist (488) honors the memory of Staff Sergeant who died on November 15, 2003, in service to Brian H. Penisten, 28, of Fort Wayne, Indi- Paul M. Neff II, 30, of Fort Mill, South Caro- the United States in Operation Iraqi Free- ana, who died on November 2, 2003, in service lina, who died on November 7, 2003, in service dom; to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- (507) honors the memory of Sergeant First dom; dom; Class Kelly Bolor, 37, of Whittier, California, (471) honors the memory of Sergeant Ross (489) honors the memory of Sergeant Scott who died on November 15, 2003, in service to A. Pennanen, 36, of Shawnee, Oklahoma, who C. Rose, 30, of Fayetteville, Kentucky, who the United States in Operation Iraqi Free- died on November 2, 2003, in service to the died on November 7, 2003, in service to the dom; United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (508) honors the memory of Specialist Jere- (472) honors the memory of Sergeant Joel (490) honors the memory of Captain Bene- miah J. DiGiovanni, 21, of Tylertown, Mis- Perez, 25, of Rio Grande, Puerto Rico, who dict J. Smith, 29, of Monroe City, Missouri, sissippi, who died on November 15, 2003, in died on November 2, 2003, in service to the who died on November 7, 2003, in service to service to the United States in Operation United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Iraqi Freedom; (473) honors the memory of First Lieuten- dom; (509) honors the memory of Specialist Wil- ant Brian D. Slavenas, 30, of Genoa, Illinois, (491) honors the memory of Chief Warrant liam D. Dusenbery, 30, of Fairview Heights, who died on November 2, 2003, in service to Officer (CW5) Sharon T. Swartworth, 43, of Illinois, who died on November 15, 2003, in the United States in Operation Iraqi Free- Virginia, who died on November 7, 2003, in service to the United States in Operation dom; service to the United States in Operation Iraqi Freedom; (474) honors the memory of Chief Warrant Iraqi Freedom; (510) honors the memory of Private First Officer Bruce A. Smith, 41, of West Liberty, (492) honors the memory of Staff Sergeant Class Richard W. Hafer, 21, of Cross Lanes, Iowa, who died on November 2, 2003, in serv- Gary L. Collins, 32, of Hardin, Texas, who West Virginia, who died on November 15, ice to the United States in Operation Iraqi died on November 8, 2003, in service to the 2003, in service to the United States in Oper- Freedom; United States in Operation Iraqi Freedom; ation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.179 S16DEPT1 S13822 CONGRESSIONAL RECORD — SENATE December 16, 2005 (511) honors the memory of Sergeant War- died on November 20, 2003, in service to the (548) honors the memory of Specialist Uday ren S. Hansen, 36, of Clintonville, Wisconsin, United States in Operation Iraqi Freedom; Singh, 21, of Lake Forest, Illinois, who died who died on November 15, 2003, in service to (530) honors the memory of Corporal Gary on December 1, 2003, in service to the United the United States in Operation Iraqi Free- B. Coleman, 24, of Pikeville, Kentucky, who States in Operation Iraqi Freedom; dom; died on November 21, 2003, in service to the (549) honors the memory of Chief Warrant (512) honors the memory of Private First United States in Operation Iraqi Freedom; Officer Clarence E. Boone, 50, of Fort Worth, Class Sheldon R. Hawk Eagle, 21, of Grand (531) honors the memory of Private First Texas, who died on December 2, 2003, in serv- Forks, North Dakota, who died on November Class Damian S. Bushart, 22, of Waterford, ice to the United States in Operation Iraqi 15, 2003, in service to the United States in Michigan, who died on November 22, 2003, in Freedom; Operation Iraqi Freedom; service to the United States in Operation (550) honors the memory of Specialist (513) honors the memory of Sergeant Tim- Iraqi Freedom; Raphael S. Davis, 24, of Tutwiler, Mis- othy L. Hayslett, 26, of Newville, Pennsyl- (532) honors the memory of Specialist Rob- sissippi, who died on December 2, 2003, in vania, who died on November 15, 2003, in ert D. Roberts, 21, of Winter Park, Florida, service to the United States in Operation service to the United States in Operation who died on November 22, 2003, in service to Iraqi Freedom; Iraqi Freedom; the United States in Operation Iraqi Free- (551) honors the memory of Sergeant Ryan (514) honors the memory of Private First dom; C. Young, 21, of Corona, California, who died Class Damian L. Heidelberg, 21, of Batesville, (533) honors the memory of Sergeant Major on December 2, 2003, in service to the United Mississippi, who died on November 15, 2003, Phillip R. Albert, 41, of Terryville, Con- States in Operation Iraqi Freedom; in service to the United States in Operation necticut, who died on November 23, 2003, in (552) honors the memory of Specialist Iraqi Freedom; service to the United States in Operation En- Arron R. Clark, 20, of Chico, California, who (515) honors the memory of Chief Warrant during Freedom; died on December 5, 2003, in service to the Officer Erik C. Kesterson, 29, of Independ- (534) honors the memory of Technical Ser- United States in Operation Iraqi Freedom; ence, Oregon, who died on November 15, 2003, geant William J. Kerwood, 37, of Houston, (553) honors the memory of Private First in service to the United States in Operation Missouri, who died on November 23, 2003, in Class Ray J. Hutchinson, 20, of League City, Iraqi Freedom; service to the United States in Operation En- Texas, who died on December 7, 2003, in serv- (516) honors the memory of Captain Pierre during Freedom; ice to the United States in Operation Iraqi E. Piche, 29, of Starksboro, Vermont, who (535) honors the memory of Staff Sergeant Freedom; died on November 15, 2003, in service to the Eddie E. Menyweather, 35, of Los Angeles, United States in Operation Iraqi Freedom; California, who died on November 23, 2003, in (554) honors the memory of Specialist Jo- (517) honors the memory of Sergeant John service to the United States in Operation seph M. Blickenstaff, 23, of Corvallis, Oregon, W. Russell, 26, of Portland, Texas, who died Iraqi Freedom; who died on December 8, 2003, in service to on November 15, 2003, in service to the (536) honors the memory of Chief Warrant the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Officer (CW2) Christopher G. Nason, 39, of dom; (518) honors the memory of Chief Warrant Los Angeles area, California, who died on (555) honors the memory of Staff Sergeant Officer (CW2) Scott A. Saboe, 33, of Willow November 23, 2003, in service to the United Steven H. Bridges, 33, of Tracy, California, Lake, South Dakota, who died on November States in Operation Iraqi Freedom; who died on December 8, 2003, in service to 15, 2003, in service to the United States in (537) honors the memory of Major Steven the United States in Operation Iraqi Free- Operation Iraqi Freedom; Plumhoff, 33, of Neshanic Station, New Jer- dom; (519) honors the memory of Specialist John sey, who died on November 23, 2003, in serv- (556) honors the memory of Specialist R. Sullivan, 26, of Countryside, Illinois, who ice to the United States in Operation Endur- Christopher Jude Rivera Wesley, 26, of Port- died on November 15, 2003, in service to the ing Freedom; land, Oregon, who died on December 8, 2003, United States in Operation Iraqi Freedom; (538) honors the memory of Specialist Rel in service to the United States in Operation (520) honors the memory of Specialist Eu- A. Ravago IV, 21, of Glendale, California, Iraqi Freedom; gene A. Uhl III, 21, of Amherst, Wisconsin, who died on November 23, 2003, in service to (557) honors the memory of Private First who died on November 15, 2003, in service to the United States in Operation Iraqi Free- Class Jason G. Wright, 19, of Luzerne, Michi- the United States in Operation Iraqi Free- dom; gan, who died on December 8, 2003, in service dom; (539) honors the memory of Corporal Dar- to the United States in Operation Iraqi Free- (521) honors the memory of Private First rell L. Smith, 28, of Otwell, Indiana, who dom; Class Joey D. Whitener, 19, of Nebo, North died on November 23, 2003, in service to the (558) honors the memory of Specialist Todd Carolina, who died on November 15, 2003, in United States in Operation Iraqi Freedom; M. Bates, 20, of Bellaire, Ohio, who died on service to the United States in Operation (540) honors the memory of Staff Sergeant December 10, 2003, in service to the United Iraqi Freedom; Thomas A. Walkup, Jr., 25, of Millville, New States in Operation Iraqi Freedom; (522) honors the memory of Second Lieu- Jersey, who died on November 23, 2003, in (559) honors the memory of Staff Sergeant tenant Jeremy L. Wolfe, 27, of Menomonie, service to the United States in Operation En- Richard A. Burdick, 24, of National City, Wisconsin, who died on November 15, 2003, in during Freedom; California, who died on December 10, 2003, in service to the United States in Operation (541) honors the memory of Technical Ser- service to the United States in Operation Iraqi Freedom; geant Howard A. Walters, 33, of Port Huron, Iraqi Freedom; (523) honors the memory of Chief Warrant Michigan, who died on November 23, 2003, in (560) honors the memory of Private First Officer Alexander S. Coulter, 35, of Bristol, service to the United States in Operation En- Class Jerrick M. Petty, 25, of Idaho Falls, Tennessee, who died on November 17, 2003, in during Freedom; Idaho, who died on December 10, 2003, in service to the United States in Operation (542) honors the memory of Command Ser- service to the United States in Operation Iraqi Freedom; geant Major Jerry L. Wilson, 45, of Thomson, Iraqi Freedom; (524) honors the memory of Captain Nathan Georgia, who died on November 23, 2003, in (561) honors the memory of Staff Sergeant S. Dalley, 27, of Kaysville, Utah, who died on service to the United States in Operation Aaron T. Reese, 31, of Reynoldsburg, Ohio, November 17, 2003, in service to the United Iraqi Freedom; who died on December 10, 2003, in service to States in Operation Iraqi Freedom; (543) honors the memory of Specialist the United States in Operation Iraqi Free- (525) honors the memory of Staff Sergeant David J. Goldberg, 20, of Layton, Utah, who dom; Dale A. Panchot, 26, of Northome, Min- died on November 26, 2003, in service to the (562) honors the memory of Specialist Mar- nesota, who died on November 17, 2003, in United States in Operation Iraqi Freedom; service to the United States in Operation (544) honors the memory of Specialist shall L. Edgerton, 27, of Rocky Face, Geor- Iraqi Freedom; Thomas J. Sweet II, 23, of Bismarck, North gia, who died on December 11, 2003, in service (526) honors the memory of Captain James Dakota, who died on November 27, 2003, in to the United States in Operation Iraqi Free- A. Shull, 32, of Kirkland, Washington, who service to the United States in Operation dom; died on November 17, 2003, in service to the Iraqi Freedom; (563) honors the memory of Sergeant United States in Operation Iraqi Freedom; (545) honors the memory of Sergeant Ariel Jarrod W. Black, 26, of Peru, Indiana, who (527) honors the memory of Specialist Jo- Rico, 25, of El Paso, Texas, who died on No- died on December 12, 2003, in service to the seph L. Lister, 22, of Pleasanton, Kansas, vember 28, 2003, in service to the United United States in Operation Iraqi Freedom; who died on November 20, 2003, in service to States in Operation Iraqi Freedom; (564) honors the memory of Private First the United States in Operation Iraqi Free- (546) honors the memory of Staff Sergeant Class Jeffrey F. Braun, 19, of Stafford, Con- dom; Stephen A. Bertolino, 40, of Orange, Cali- necticut, who died on December 12, 2003, in (528) honors the memory of Private Scott fornia, who died on November 29, 2003, in service to the United States in Operation Matthew Tyrrell, 21, of Sterling, Illinois, service to the United States in Operation Iraqi Freedom; who died on November 20, 2003, in service to Iraqi Freedom; (565) honors the memory of Specialist Rian the United States in Operation Iraqi Free- (547) honors the memory of Specialist C. Ferguson, 22, of Taylors, South Carolina, dom; Aaron J. Sissel, 22, of Tipton, Iowa, who died who died on December 14, 2003, in service to (529) honors the memory of Captain George on November 29, 2003, in service to the the United States in Operation Iraqi Free- A. Wood, 33, of New York, New York, who United States in Operation Iraqi Freedom; dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.179 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13823 (566) honors the memory of Staff Sergeant (584) honors the memory of Staff Sergeant (603) honors the memory of Sergeant Jef- Kimberly A. Voelz, 27, of Carlisle, Pennsyl- Michael J. Sutter, 28, of Tinley Park, Illi- frey C. Walker, 33, of Havre de Grace, Mary- vania, who died on December 14, 2003, in serv- nois, who died on December 26, 2003, in serv- land, who died on January 8, 2004, in service ice to the United States in Operation Iraqi ice to the United States in Operation Iraqi to the United States in Operation Iraqi Free- Freedom; Freedom; dom; (567) honors the memory of Specialist Na- (585) honors the memory of Captain (604) honors the memory of Chief Warrant than W. Nakis, 19, of Sedro-Woolley, Wash- Ernesto M. Blanco, 28, of Texas, who died on Officer Aaron A. Weaver, 32, of Inverness, ington, who died on December 15, 2003, in December 28, 2003, in service to the United Florida, who died on January 8, 2004, in serv- service to the United States in Operation States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Iraqi Freedom; (586) honors the memory of Private Rey D. Freedom; (568) honors the memory of Private First Cuervo, 24, of Laguna Vista, Texas, who died (605) honors the memory of Sergeant Roy Class Kenneth C. Souslin, 21, of Mansfield, on December 28, 2003, in service to the United A. Wood, 47, of Alva, Florida, who died on Ohio, who died on December 15, 2003, in serv- States in Operation Iraqi Freedom; January 9, 2004, in service to the United ice to the United States in Operation Iraqi (587) honors the memory of Sergeant Curt States in Operation Enduring Freedom; Freedom; E. Jordan, Jr., 25, of Green Acres, Wash- (606) honors the memory of Staff Sergeant (569) honors the memory of Specialist ington, who died on December 28, 2003, in Ricky L. Crockett, 37, of Broxton, Georgia, Christopher J. Holland, 26, of Brunswick, service to the United States in Operation who died on January 12, 2004, in service to Georgia, who died on December 17, 2003, in Iraqi Freedom; the United States in Operation Iraqi Free- service to the United States in Operation (588) honors the memory of Specialist Jus- dom; Iraqi Freedom; tin W. Pollard, 21, of Foothill Ranch, Cali- (607) honors the memory of Sergeant (570) honors the memory of Sergeant Glenn fornia, who died on December 30, 2003, in Keicia M. Hines, 27, of Citrus Heights, Cali- R. Allison, 24, of Pittsfield, Massachusetts, service to the United States in Operation fornia, who died on January 13, 2004, in serv- who died on December 18, 2003, in service to Iraqi Freedom; ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- (589) honors the memory of Specialist Sol- Freedom; dom; (571) honors the memory of Private First omon C. ‘‘Kelly’’ Bangayan, 24, of Jay, (608) honors the memory of Staff Sergeant Class Charles E. Bush, Jr., 43, of Buffalo, New Vermont, who died on January 2, 2004, in Roland L. Castro, 26, of San Antonio, Texas, York, who died on December 19, 2003, in serv- service to the United States in Operation who died on January 16, 2004, in service to ice to the United States in Operation Iraqi Iraqi Freedom; the United States in Operation Iraqi Free- Freedom; (590) honors the memory of Sergeant Den- dom; (572) honors the memory of Private First nis A. Corral, 33, of Kearney, Nebraska, who (609) honors the memory of Private First Class Stuart W. Moore, 21, of Livingston, died on January 2, 2004, in service to the Class Cody J. Orr, 21, of Ruskin, Florida, who Texas, who died on December 22, 2003, in United States in Operation Iraqi Freedom; died on January 17, 2004, in service to the service to the United States in Operation (591) honors the memory of Captain Kim- United States in Operation Iraqi Freedom; Iraqi Freedom; berly N. Hampton, 27, of Easley, South Caro- (610) honors the memory of Specialist (573) honors the memory of First Lieuten- lina, who died on January 2, 2004, in service Larry E. Polley, Jr., 20, of Center, Texas, ant Edward M. Saltz, 27, of Bigfork, Mon- to the United States in Operation Iraqi Free- who died on January 17, 2004, in service to tana, who died on December 22, 2003, in serv- dom; the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi (592) honors the memory of Captain Eric dom; Freedom; Thomas Paliwoda, 28, of Farmington, Con- (611) honors the memory of Sergeant Ed- (574) honors the memory of Sergeant Theo- necticut, who died on January 2, 2004, in mond Lee Randle, Jr., 26, of Carol City, Flor- dore L. Perreault, 33, of Webster, Massachu- service to the United States in Operation ida, who died on January 17, 2004, in service setts, who died on December 23, 2003, in serv- Iraqi Freedom; to the United States in Operation Iraqi Free- ice to the United States in Operation Endur- (593) honors the memory of Specialist Marc dom; ing Freedom; S. Seiden, 26, of Brigantine, New Jersey, who (612) honors the memory of Master Ser- (575) honors the memory of Sergeant Ben- died on January 2, 2004, in service to the geant Kelly L. Hornbeck, 36, of Fort Worth, jamin W. Biskie, 27, of Vermilion, Ohio, who United States in Operation Iraqi Freedom; Texas, who died on January 18, 2004, in serv- died on December 24, 2003, in service to the (594) honors the memory of Specialist Luke ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; P. Frist, 20, of Brookston, Indiana, who died Freedom; (576) honors the memory of Command Ser- on January 5, 2004, in service to the United (613) honors the memory of Specialist Ga- geant Major Eric F. Cooke, 43, of Scottsdale, States in Operation Iraqi Freedom; briel T. Palacios, 22, of Lynn, Massachusetts, Arizona, who died on December 24, 2003, in (595) honors the memory of Private First who died on January 21, 2004, in service to service to the United States in Operation Class Jesse D. Mizener, 24, of Auburn, Cali- the United States in Operation Iraqi Free- Iraqi Freedom; fornia, who died on January 7, 2004, in serv- dom; (577) honors the memory of Captain Chris- ice to the United States in Operation Iraqi (614) honors the memory of Private First topher F. Soelzer, 26, of South Dakota, who Freedom; Class James D. Parker, 20, of Bryan, Texas, died on December 24, 2003, in service to the (596) honors the memory of Staff Sergeant who died on January 21, 2004, in service to United States in Operation Iraqi Freedom; Craig Davis, 37, of Opelousas, Louisiana, who the United States in Operation Iraqi Free- (578) honors the memory of Major Chris- died on January 8, 2004, in service to the dom; topher J. Splinter, 43, of Platteville, Wis- United States in Operation Iraqi Freedom; (615) honors the memory of Chief Warrant consin, who died on December 24, 2003, in (597) honors the memory of Specialist Mi- Officer (CW2) Michael T. Blaise, 29, of Ten- service to the United States in Operation chael A. Diraimondo, 22, of Simi Valley, nessee, who died on January 23, 2004, in serv- Iraqi Freedom; California, who died on January 8, 2004, in ice to the United States in Operation Iraqi (579) honors the memory of Sergeant Mi- service to the United States in Operation Freedom; chael E. Yashinski, 24, of Monument, Colo- Iraqi Freedom; (616) honors the memory of Chief Warrant rado, who died on December 24, 2003, in serv- (598) honors the memory of Specialist Officer (CW2) Brian D. Hazelgrove, 29, of Fort ice to the United States in Operation Iraqi Christopher A. Golby, 26, of Johnstown, Rucker, Alabama, who died on January 23, Freedom; Pennsylvania, who died on January 8, 2004, in 2004, in service to the United States in Oper- (580) honors the memory of Staff Sergeant service to the United States in Operation ation Iraqi Freedom; Thomas W. Christensen, 42, of Atlantic Mine, Iraqi Freedom; (617) honors the memory of Specialist Michigan, who died on December 25, 2003, in (599) honors the memory of Sergeant First Jason K. Chappell, 22, of Hemet, California, service to the United States in Operation Class Gregory B. Hicks, 35, of Duff, Ten- who died on January 24, 2004, in service to Iraqi Freedom; nessee, who died on January 8, 2004, in serv- the United States in Operation Iraqi Free- (581) honors the memory of Staff Sergeant ice to the United States in Operation Iraqi dom; Stephen C. Hattamer, 43, of Gwinn, Michi- Freedom; (618) honors the memory of Staff Sergeant gan, who died on December 25, 2003, in serv- (600) honors the memory of Specialist Na- Kenneth W. Hendrickson, 41, of Bismarck, ice to the United States in Operation Iraqi thaniel H. Johnson, 22, of Augusta, Georgia, North Dakota, who died on January 24, 2004, Freedom; who died on January 8, 2004, in service to the in service to the United States in Operation (582) honors the memory of Specialist United States in Operation Iraqi Freedom; Iraqi Freedom; Charles G. Haight, 23, of Jacksonville, Ala- (601) honors the memory of Chief Warrant (619) honors the memory of Sergeant bama, who died on December 26, 2003, in serv- Officer Philip A. Johnson, Jr., 31, of Ala- Randy S. Rosenberg, 23, of Berlin, New ice to the United States in Operation Iraqi bama, who died on January 8, 2004, in service Hampshire, who died on January 24, 2004, in Freedom; to the United States in Operation Iraqi Free- service to the United States in Operation (583) honors the memory of Specialist Mi- dom; Iraqi Freedom; chael G. Mihalakis, 18, of San Jose, Cali- (602) honors the memory of Chief Warrant (620) honors the memory of Sergeant Keith fornia, who died on December 26, 2003, in Officer Ian D. Manuel, 23, of Florida, who L. Smette, 25, of Makoti, North Dakota, who service to the United States in Operation died on January 8, 2004, in service to the died on January 24, 2004, in service to the Iraqi Freedom; United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.179 S16DEPT1 S13824 CONGRESSIONAL RECORD — SENATE December 16, 2005 (621) honors the memory of Specialist Wil- (639) honors the memory of Staff Sergeant (657) honors the memory of Private Bryan liam R. Sturges, Jr., 24, of Spring Church, James D. Mowris, 37, of Aurora, Missouri, N. Spry, 19, of Chestertown, Maryland, who Pennsylvania, who died on January 24, 2004, who died on January 29, 2004, in service to died on February 14, 2004, in service to the in service to the United States in Operation the United States in Operation Enduring United States in Operation Iraqi Freedom; Iraqi Freedom; Freedom; (658) honors the memory of Private First (622) honors the memory of Staff Sergeant (640) honors the memory of Specialist Jus- Class Nichole M. Frye, 19, of Lena, Wis- Christopher Bunda, 29, of Bremerton, Wash- tin A. Scott, 22, of Bellevue, Kentucky, who consin, who died on February 16, 2004, in ington, who died on January 25, 2004, in serv- died on January 29, 2004, in service to the service to the United States in Operation ice to the United States in Operation Iraqi United States in Operation Enduring Free- Iraqi Freedom; Freedom; dom; (659) honors the memory of Specialist Mi- (623) honors the memory of Private First (641) honors the memory of Sergeant Dan- chael M. Merila, 23, of Sierra Vista, Arizona, Class Ervin Dervishi, 21, of Fort Worth, ton K. Seitsinger, 29, of Oklahoma City, who died on February 16, 2004, in service to Texas, who died on January 25, 2004, in serv- Oklahoma, who died on January 29, 2004, in the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi service to the United States in Operation En- dom; Freedom; during Freedom; (660) honors the memory of Specialist (624) honors the memory of Chief Warrant (642) honors the memory of Corporal Juan Christopher M. Taylor, 25, of Daphne, Ala- Officer Patrick D. Dorff, 32, of Minnesota, C. Cabralbanuelos, 25, of Emporia, Kansas, bama, who died on February 16, 2004, in serv- who died on January 25, 2004, in service to who died on January 31, 2004, in service to ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- Freedom; dom; dom; (661) honors the memory of Second Lieu- (625) honors the memory of First Lieuten- (643) honors the memory of Private First tenant Jeffrey C. Graham, 24, of Elizabeth- ant Adam G. Mooney, 28, of Cambridge, Class Holly J. McGeogh, 19, of Taylor, Michi- town, Kentucky, who died on February 19, Maryland, who died on January 25, 2004, in gan, who died on January 31, 2004, in service 2004, in service to the United States in Oper- service to the United States in Operation to the United States in Operation Iraqi Free- ation Iraqi Freedom; Iraqi Freedom; dom; (662) honors the memory of Specialist (626) honors the memory of Captain Mat- (644) honors the memory of Sergeant Eliu Roger G. Ling, 20, of Douglaston, New York, thew J. August, 28, of North Kingstown, A. Miersandoval, 27, of San Clemente, Cali- who died on February 19, 2004, in service to Rhode Island, who died on January 27, 2004, fornia, who died on January 31, 2004, in serv- the United States in Operation Iraqi Free- in service to the United States in Operation ice to the United States in Operation Iraqi dom; Iraqi Freedom; Freedom; (663) honors the memory of Sergeant First (627) honors the memory of Sergeant First (645) honors the memory of Private First Class Henry A. Bacon, 45, of Wagram, North Class James T. Hoffman, 41, of Whitesburg, Class Armando Soriano, 20, of Houston, Carolina, who died on February 20, 2004, in Kentucky, who died on January 27, 2004, in Texas, who died on February 1, 2004, in serv- service to the United States in Operation service to the United States in Operation ice to the United States in Operation Iraqi Iraqi Freedom; Iraqi Freedom; Freedom; (664) honors the memory of Specialist (628) honors the memory of Second Lieu- (646) honors the memory of Staff Sergeant David E. Hall, 21, of Uniontown, Kansas, who tenant Luke S. James, 24, of Oklahoma, who Roger C. Turner, Jr., 37, of Parkersburg, died on February 25, 2004, in service to the died on January 27, 2004, in service to the West Virginia, who died on February 1, 2004, United States in Operation Enduring Free- United States in Operation Iraqi Freedom; in service to the United States in Operation dom; (629) honors the memory of Staff Sergeant Iraqi Freedom; (665) honors the memory of Chief Warrant Lester O. Kinney II, 27, of Zanesville, Ohio, (647) honors the memory of Second Lieu- Officer Matthew C. Laskowski, 32, of Phoe- who died on January 27, 2004, in service to tenant Seth J. Dvorin, 24, of New Jersey, nix, Arizona, who died on February 25, 2004, the United States in Operation Iraqi Free- who died on February 3, 2004, in service to in service to the United States in Operation dom; the United States in Operation Iraqi Free- Iraqi Freedom; (630) honors the memory of Sergeant Trav- dom; (666) honors the memory of Chief Warrant is A. Moothart, 23, of Brownsville, Oregon, (648) honors the memory of Specialist Officer Stephen M. Wells, 29, of Massachu- who died on January 27, 2004, in service to Joshua L. Knowles, 23, of Sheffield, Iowa, setts, who died on February 25, 2004, in serv- the United States in Operation Iraqi Free- who died on February 5, 2004, in service to ice to the United States in Operation Iraqi dom; the United States in Operation Iraqi Free- Freedom; (631) honors the memory of Sergeant Cory dom; (667) honors the memory of Specialist Mi- R. Mracek, 26, of Hay Springs, Nebraska, who (649) honors the memory of Staff Sergeant chael R. Woodliff, 22, of Port Charlotte, Flor- died on January 27, 2004, in service to the Richard P. Ramey, 27, of Canton, Ohio, who ida, who died on March 2, 2004, in service to United States in Operation Iraqi Freedom; died on February 8, 2004, in service to the the United States in Operation Iraqi Free- (632) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; dom; Shawn M. Clemens, 28, of Allegany, New (650) honors the memory of Sergeant (668) honors the memory of Petty Officer York, who died on January 29, 2004, in serv- Thomas D. Robbins, 27, of Schenectady, New Second Class Michael J. Gray, 32, of Rich- ice to the United States in Operation Endur- York, who died on February 9, 2004, in serv- mond, Virginia, who died on March 5, 2004, in ing Freedom; ice to the United States in Operation Iraqi service to the United States in Operation (633) honors the memory of Specialist Rob- Freedom; Iraqi Freedom; ert J. Cook, 24, of Sun Prairie, Wisconsin, (651) honors the memory of Sergeant Elijah (669) honors the memory of Captain Gussie who died on January 29, 2004, in service to Tai Wah Wong, 42, of Mesa, Arizona, who M. Jones, 41, of Louisiana, who died on the United States in Operation Enduring died on February 9, 2004, in service to the March 7, 2004, in service to the United States Freedom; United States in Operation Iraqi Freedom; in Operation Iraqi Freedom; (634) honors the memory of Sergeant Ben- (652) honors the memory of Master Ser- (670) honors the memory of Private First jamin L. Gilman, 28, of Meriden, Con- geant Jude C. Mariano, 39, of Vallejo, Cali- Class Matthew G. Milczark, 18, of Kettle necticut, who died on January 29, 2004, in fornia, who died on February 10, 2004, in serv- River, Minnesota, who died on March 8, 2004, service to the United States in Operation En- ice to the United States in Operation Iraqi in service to the United States in Operation during Freedom; Freedom; Iraqi Freedom; (635) honors the memory of Specialist (653) honors the memory of Private First (671) honors the memory of Specialist Ed- Adam G. Kinser, 21, of Sacramento, Cali- Class William C. Ramirez, 19, of Portland, ward W. Brabazon, 20, of Philadelphia, Penn- fornia, who died on January 29, 2004, in serv- Oregon, who died on February 11, 2004, in sylvania, who died on March 9, 2004, in service to the United States in Operation Endur- service to the United States in Operation ice to the United States in Operation Iraqi ing Freedom; Iraqi Freedom; Freedom; (636) honors the memory of Staff Sergeant (654) honors the memory of Sergeant Pat- (672) honors the memory of Sergeant First Sean G. Landrus, 31, of Thompson, Ohio, who rick S. Tainsh, 33, of Oceanside, California, Class Richard S. Gottfried, 42, of Lake died on January 29, 2004, in service to the who died on February 11, 2004, in service to Ozark, Missouri, who died on March 9, 2004, United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- in service to the United States in Operation (637) honors the memory of Sergeant First dom; Iraqi Freedom; Class Curtis Mancini, 43, of Fort Lauderdale, (655) honors the memory of Specialist Eric (673) honors the memory of Civilian Fern Florida, who died on January 29, 2004, in U. Ramirez, 31, of San Diego, California, who L. Holland, 33, of Miami, Oklahoma, who service to the United States in Operation En- died on February 12, 2004, in service to the died on March 9, 2004, in service to the during Freedom; United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (638) honors the memory of Private First (656) honors the memory of Sergeant (674) honors the memory of Civilian Robert Class Luis A. Moreno, 19, of Bronx, New Nicholes Darwin Golding, 24, of Addison, J. Zangas, 44, of Prince William County, Vir- York, who died on January 29, 2004, in serv- Maine, who died on February 13, 2004, in serv- ginia, who died on March 9, 2004, in service to ice to the United States in Operation Iraqi ice to the United States in Operation Endur- the United States in Operation Iraqi Free- Freedom; ing Freedom; dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.180 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13825 (675) honors the memory of Private First (694) honors the memory of Private First Carolina, who died on March 28, 2004, in serv- Class Bert Edward Hoyer, 23, of Ellsworth, Class Brandon C. Smith, 20, of Washington, ice to the United States in Operation Endur- Wisconsin, who died on March 10, 2004, in Arkansas, who died on March 18, 2004, in ing Freedom; service to the United States in Operation service to the United States in Operation (713) honors the memory of Specialist Jere- Iraqi Freedom; Iraqi Freedom; miah J. Holmes, 27, of North Berwick, Maine, (676) honors the memory of Staff Sergeant (695) honors the memory of Private First who died on March 29, 2004, in service to the Joe L. Dunigan, Jr., 37, of Belton, Texas, who Class Ernest Harold Sutphin, 21, of Parkers- United States in Operation Iraqi Freedom; died on March 11, 2004, in service to the burg, West Virginia, who died on March 18, (714) honors the memory of Private First United States in Operation Iraqi Freedom; 2004, in service to the United States in Oper- Class Sean M. Schneider, 22, of Janesville, (677) honors the memory of Specialist ation Iraqi Freedom; Wisconsin, who died on March 29, 2004, in Christopher K. Hill, 26, of Ventura, Cali- (696) honors the memory of Private First service to the United States in Operation fornia, who died on March 11, 2004, in service Class Jason C. Ludlam, 22, of Arlington, Iraqi Freedom; to the United States in Operation Iraqi Free- Texas, who died on March 19, 2004, in service (715) honors the memory of Master Ser- dom; to the United States in Operation Iraqi Free- geant Richard L. Ferguson, 45, of Conway, (678) honors the memory of Private First dom; New Hampshire, who died on March 30, 2004, Class Joel K. Brattain, 21, of Yorba Linda/ (697) honors the memory of Specialist Clint in service to the United States in Operation Brea, California, who died on March 13, 2004, Richard ‘‘Bones’’ Matthews, 31, of Bedford, Iraqi Freedom; in service to the United States in Operation Pennsylvania, who died on March 19, 2004, in (716) honors the memory of Lance Corporal Iraqi Freedom; service to the United States in Operation William J. Wiscowiche, 20, of Victorville, (679) honors the memory of Sergeant First Iraqi Freedom; California, who died on March 30, 2004, in Class Clint D. Ferrin, 31, of Picayune, Mis- (698) honors the memory of Corporal David service to the United States in Operation sissippi, who died on March 13, 2004, in serv- M. Vicente, 25, of Methuen, Massachusetts, Iraqi Freedom; ice to the United States in Operation Iraqi who died on March 19, 2004, in service to the (717) honors the memory of Private Bran- Freedom; United States in Operation Iraqi Freedom; don L. Davis, 20, of Cumberland, Maryland, (680) honors the memory of Specialist (699) honors the memory of Specialist Mat- who died on March 31, 2004, in service to the Jason C. Ford, 21, of Bowie, Maryland, who thew J. Sandri, 24, of Shamokin, Pennsyl- United States in Operation Iraqi Freedom; died on March 13, 2004, in service to the vania, who died on March 20, 2004, in service (718) honors the memory of First Lieuten- United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- ant Doyle M. Hufstedler, 25, of Abilene, (681) honors the memory of Captain John dom; Texas, who died on March 31, 2004, in service F. ‘‘Hans’’ Kurth, 31, of Columbus, Wis- (700) honors the memory of Major Mark D. to the United States in Operation Iraqi Free- consin, who died on March 13, 2004, in service Taylor, 41, of Stockton, California, who died dom; to the United States in Operation Iraqi Free- on March 20, 2004, in service to the United (719) honors the memory of Specialist Mi- dom; States in Operation Iraqi Freedom; chael G. Karr, Jr., 23, of San Antonio, Texas, (682) honors the memory of Sergeant Dan- (701) honors the memory of First Lieuten- who died on March 31, 2004, in service to the iel J. Londono, 22, of Boston, Massachusetts, ant Michael W. Vega, 41, of Lathrop, Cali- United States in Operation Iraqi Freedom; who died on March 13, 2004, in service to the fornia, who died on March 20, 2004, in service (720) honors the memory of Specialist Sean United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- R. Mitchell, 24, of Youngsville, Pennsyl- (683) honors the memory of Specialist dom; vania, who died on March 31, 2004, in service Jocelyn ‘‘Joce’’ L. Carrasquillo, 28, of (702) honors the memory of Private First to the United States in Operation Iraqi Free- Wrightsville Beach, North Carolina, who died Class Christopher E. Hudson, 21, of Carmel, dom; on March 14, 2004, in service to the United Indiana, who died on March 21, 2004, in serv- (721) honors the memory of Private First States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Class Cleston C. Raney, 20, of Rupert, Idaho, (684) honors the memory of Sergeant Wil- Freedom; who died on March 31, 2004, in service to the liam J. Normandy, 42, of East Barre, (703) honors the memory of Private Dustin United States in Operation Iraqi Freedom; Vermont, who died on March 14, 2004, in serv- L. Kreider, 19, of Riverton, Kansas, who died (722) honors the memory of Private First ice to the United States in Operation Iraqi on March 21, 2004, in service to the United Class Dustin M. Sekula, 18, of Edinburg, Freedom; States in Operation Iraqi Freedom; Texas, who died on April 1, 2004, in service to (685) honors the memory of First Lieuten- (704) honors the memory of Lance Corporal the United States in Operation Iraqi Free- ant Michael R. Adams, 24, of Seattle, Wash- Andrew S. Dang, 20, of Foster City, Cali- dom; ington, who died on March 16, 2004, in service fornia, who died on March 22, 2004, in service (723) honors the memory of Private First to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Class William R. Strange, 19, of Adrian, dom; dom; Georgia, who died on April 2, 2004, in service (686) honors the memory of Master Ser- (705) honors the memory of Private First to the United States in Operation Iraqi Free- geant Thomas R. Thigpen, Sr., 52, of Au- Class Bruce Miller, Jr., 23, of Orange, New dom; gusta, Georgia, who died on March 16, 2004, in Jersey, who died on March 22, 2004, in service (724) honors the memory of Private First service to the United States in Operation to the United States in Operation Iraqi Free- Class Geoffrey S. Morris, 19, of Gurnee, Illi- Iraqi Freedom; dom; nois, who died on April 3, 2004, in service to (687) honors the memory of Sergeant Jr. (706) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- Esposito, 22, of Brentwood, New York, who Wentz Jerome Henry Shanaberger III, 33, of dom; died on March 17, 2004, in service to the Naples, Florida, who died on March 24, 2004, (725) honors the memory of Private First United States in Operation Enduring Free- in service to the United States in Operation Class John D. Amos II, 20, of Valparaiso, In- dom; Iraqi Freedom; diana, who died on April 4, 2004, in service to (688) honors the memory of Staff Sergeant (707) honors the memory of Lance Corporal the United States in Operation Iraqi Free- Anthony S. Lagman, 26, of Yonkers, New Jeffrey C. Burgess, 20, of Plymouth, Massa- dom; York, who died on March 17, 2004, in service chusetts, who died on March 25, 2004, in serv- (726) honors the memory of Specialist Rob- to the United States in Operation Enduring ice to the United States in Operation Iraqi ert R. Arsiaga, 25, of Greenwood, Texas, who Freedom; Freedom; died on April 4, 2004, in service to the United (689) honors the memory of Specialist (708) honors the memory of Lance Corporal States in Operation Iraqi Freedom; Tracy L. Laramore, 30, of Okaloosa, Florida, James A. Casper, 20, of Coolidge, Texas, who (727) honors the memory of Lance Corporal who died on March 17, 2004, in service to the died on March 25, 2004, in service to the Aric J. Barr, 22, of Allegheny, Pennsylvania, United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; who died on April 4, 2004, in service to the (690) honors the memory of Sergeant Ivory (709) honors the memory of Specialist United States in Operation Iraqi Freedom; L. Phipps, 44, of Chicago, Illinois, who died Adam D. Froehlich, 21, of Pine Hill, New Jer- (728) honors the memory of Specialist on March 17, 2004, in service to the United sey, who died on March 25, 2004, in service to Ahmed Akil ‘‘Mel’’ Cason, 24, of McGehee, States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Arkansas, who died on April 4, 2004, in serv- (691) honors the memory of Corporal An- dom; ice to the United States in Operation Iraqi drew D. Brownfield, 24, of Akron, Ohio, who (710) honors the memory of Private First Freedom; died on March 18, 2004, in service to the Class Leroy Sandoval, Jr., 21, of Houston, (729) honors the memory of Sergeant United States in Operation Iraqi Freedom; Texas, who died on March 26, 2004, in service Yihiyh L. Chen, 31, of Saipan, Northern Mar- (692) honors the memory of Specialist to the United States in Operation Iraqi Free- iana Islands, who died on April 4, 2004, in Doron Chan, 20, of Highland, New York, who dom; service to the United States in Operation died on March 18, 2004, in service to the (711) honors the memory of Master Ser- Iraqi Freedom; United States in Operation Iraqi Freedom; geant Timothy Toney, 37, of Manhattan, New (730) honors the memory of Corporal Tyler (693) honors the memory of Private First York, who died on March 27, 2004, in service R. Fey, 22, of Eden Prairie, Minnesota, who Class Ricky A. Morris, Jr., 20, of Lubbock, to the United States in Operation Iraqi Free- died on April 4, 2004, in service to the United Texas, who died on March 18, 2004, in service dom; States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- (712) honors the memory of Command Ser- (731) honors the memory of Specialist dom; geant Jr. Jallah, 49, of Fayetteville, North Israel Garza, 25, of Lubbock, Texas, who died

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.180 S16DEPT1 S13826 CONGRESSIONAL RECORD — SENATE December 16, 2005 on April 4, 2004, in service to the United the United States in Operation Iraqi Free- (770) honors the memory of Lance Corporal States in Operation Iraqi Freedom; dom; Christopher B. Wasser, 21, of Ottawa, Kansas, (732) honors the memory of Specialist Ste- (751) honors the memory of Private First who died on April 8, 2004, in service to the phen D. ‘‘Dusty’’ Hiller, 25, of Opelika, Ala- Class Christopher D. Mabry, 19, of Chunky, United States in Operation Iraqi Freedom; bama, who died on April 4, 2004, in service to Mississippi, who died on April 6, 2004, in serv- (771) honors the memory of Private First the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi Class Eric A. Ayon, 26, of Arleta, California, dom; Freedom; who died on April 9, 2004, in service to the (733) honors the memory of Corporal Forest (752) honors the memory of Petty Officer United States in Operation Iraqi Freedom; Joseph Jostes, 22, of Albion, Illinois, who Third Class Fernando A. Mendez-Aceves, 27, (772) honors the memory of Sergeant Felix died on April 4, 2004, in service to the United of Ponce, Puerto Rico, who died on April 6, M. Delgreco, 22, of Simsbury, Connecticut, States in Operation Iraqi Freedom; 2004, in service to the United States in Oper- who died on April 9, 2004, in service to the (734) honors the memory of Sergeant Mi- ation Iraqi Freedom; United States in Operation Iraqi Freedom; chael W. Mitchell, 25, of Porterville, Cali- (753) honors the memory of Sergeant (773) honors the memory of Specialist fornia, who died on April 4, 2004, in service to Gerardo Moreno, 23, of Terrell, Texas, who Peter G. Enos, 24, of South Dartmouth, Mas- the United States in Operation Iraqi Free- died on April 6, 2004, in service to the United sachusetts, who died on April 9, 2004, in serv- dom; States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi (735) honors the memory of Specialist Phil- (754) honors the memory of Lance Corporal Freedom; ip G. Rogers, 23, of Gresham, Oregon, who Anthony P. Roberts, 18, of Bear, Delaware, (774) honors the memory of Private First died on April 4, 2004, in service to the United who died on April 6, 2004, in service to the Class Gregory R. Goodrich, 37, of States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Bartonville, Illinois, who died on April 9, (736) honors the memory of Specialist (755) honors the memory of Sergeant Lee 2004, in service to the United States in Oper- Casey Sheehan, 24, of Vacaville, California, Duane Todacheene, 29, of Farmington, New ation Iraqi Freedom; who died on April 4, 2004, in service to the Mexico, who died on April 6, 2004, in service (775) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- Raymond Edison Jones, Jr., 31, of Gaines- (737) honors the memory of Lance Corporal dom; ville, Florida, who died on April 9, 2004, in Shane Lee Goldman, 19, of Orange, Texas, (756) honors the memory of Staff Sergeant service to the United States in Operation who died on April 5, 2004, in service to the Allan K. Walker, 28, of Lancaster, California, Iraqi Freedom; United States in Operation Iraqi Freedom; who died on April 6, 2004, in service to the (776) honors the memory of Specialist Jon- (738) honors the memory of Private First United States in Operation Iraqi Freedom; athan Roy Kephart, 21, of Oil City, Pennsyl- Class Deryk L. Hallal, 24, of Indianapolis, In- (757) honors the memory of Specialist vania, who died on April 9, 2004, in service to diana, who died on April 5, 2004, in service to Tyanna S. Felder, 22, of Bridgeport, Con- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- necticut, who died on April 7, 2004, in service dom; dom; to the United States in Operation Iraqi Free- (777) honors the memory of Sergeant Elmer (739) honors the memory of Private First dom; C. Krause, 40, of Greensboro, North Carolina, Class Moises A. Langhorst, 19, of Moose (758) honors the memory of Sergeant First who died on April 9, 2004, in service to the Lake, Minnesota, who died on April 5, 2004, Class William W. Labadie, Jr., 45, of Bauxite, United States in Operation Iraqi Freedom; in service to the United States in Operation Arkansas, who died on April 7, 2004, in serv- (778) honors the memory of Staff Sergeant Iraqi Freedom; ice to the United States in Operation Iraqi Toby W. Mallet, 26, of Kaplan, Louisiana, (740) honors the memory of Specialist Freedom; who died on April 9, 2004, in service to the Scott Quentin Larson, Jr., 22, of Houston, (759) honors the memory of Sergeant First United States in Operation Iraqi Freedom; Texas, who died on April 5, 2004, in service to Class Marvin Lee Miller, 38, of Dunn, North (779) honors the memory of Corporal Mat- the United States in Operation Iraqi Free- Carolina, who died on April 7, 2004, in service thew E. Matula, 20, of Spicewood, Texas, who dom; to the United States in Operation Iraqi Free- died on April 9, 2004, in service to the United (741) honors the memory of Sergeant David dom; States in Operation Iraqi Freedom; M. McKeever, 25, of Buffalo, New York, who (760) honors the memory of Captain Brent (780) honors the memory of Staff Sergeant died on April 5, 2004, in service to the United L. Morel, 27, of Martin, Tennessee, who died Don Steven McMahan, 31, of Nashville, Ten- States in Operation Iraqi Freedom; on April 7, 2004, in service to the United nessee, who died on April 9, 2004, in service (742) honors the memory of Private First States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- Class Christopher Ramos, 26, of Albuquerque, (761) honors the memory of Staff Sergeant dom; New Mexico, who died on April 5, 2004, in George S. Rentschler, 31, of Louisville, Ken- (781) honors the memory of Private First service to the United States in Operation tucky, who died on April 7, 2004, in service to Class Chance R. Phelps, 19, of Clifton, Colo- Iraqi Freedom; the United States in Operation Iraqi Free- rado, who died on April 9, 2004, in service to (743) honors the memory of Lance Corporal dom; the United States in Operation Iraqi Free- Matthew K. Serio, 21, of North Providence, (762) honors the memory of Second Lieu- dom; Rhode Island, who died on April 5, 2004, in tenant John Thomas ‘‘J.T.’’ Wroblewski, 25, (782) honors the memory of Corporal Mi- service to the United States in Operation of Oak Ridge, New Jersey, who died on April chael Raymond Speer, 24, of Redfield, Kan- Iraqi Freedom; 7, 2004, in service to the United States in Op- sas, who died on April 9, 2004, in service to (744) honors the memory of Corporal Jesse eration Iraqi Freedom; the United States in Operation Iraqi Free- L. Thiry, 23, of Casco, Wisconsin, who died (763) honors the memory of Lance Corporal dom; on April 5, 2004, in service to the United Levi T. Angell, 20, of Cloquet, Minnesota, (783) honors the memory of Lance Corporal States in Operation Iraqi Freedom; who died on April 8, 2004, in service to the Elias Torrez III, 21, of Veribest, Texas, who (745) honors the memory of Private First United States in Operation Iraqi Freedom; died on April 9, 2004, in service to the United Class Benjamin R. Carman, 20, of Jefferson, (764) honors the memory of Corporal Nich- States in Operation Iraqi Freedom; Iowa, who died on April 6, 2004, in service to olas J. Dieruf, 21, of Versailles, Kentucky, (784) honors the memory of Specialist the United States in Operation Iraqi Free- who died on April 8, 2004, in service to the Allen Jeffrey ‘‘A.J.’’ Vandayburg, 20, of dom; United States in Operation Iraqi Freedom; Mansfield, Ohio, who died on April 9, 2004, in (746) honors the memory of Lance Corporal (765) honors the memory of Lance Corporal service to the United States in Operation Marcus M. Cherry, 18, of Imperial, California, Phillip E. Frank, 20, of Elk Grove, Illinois, Iraqi Freedom; who died on April 6, 2004, in service to the who died on April 8, 2004, in service to the (785) honors the memory of Specialist United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Michelle M. Witmer, 20, of New Berlin, Wis- (747) honors the memory of Private First (766) honors the memory of Staff Sergeant consin, who died on April 9, 2004, in service Class Christopher R. Cobb, 19, of Bradenton, William M. Harrell, 30, of Placentia, Cali- to the United States in Operation Iraqi Free- Florida, who died on April 6, 2004, in service fornia, who died on April 8, 2004, in service to dom; to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- (786) honors the memory of Specialist dom; dom; Adolf C. Carballo, 20, of Houston, Texas, who (748) honors the memory of Lance Corporal (767) honors the memory of Specialist Isaac died on April 10, 2004, in service to the Kyle D. Crowley, 18, of San Ramon, Cali- Michael Nieves, 20, of Unadilla, New York, United States in Operation Iraqi Freedom; fornia, who died on April 6, 2004, in service to who died on April 8, 2004, in service to the (787) honors the memory of Sergeant Wil- the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; liam C. Eckhart, 25, of Rocksprings, Texas, dom; (768) honors the memory of First Lieuten- who died on April 10, 2004, in service to the (749) honors the memory of Private First ant Joshua M. Palmer, 25, of Banning, Cali- United States in Operation Iraqi Freedom; Class Ryan M. Jerabek, 18, of Oneida, Wis- fornia, who died on April 8, 2004, in service to (788) honors the memory of Airman First consin, who died on April 6, 2004, in service the United States in Operation Iraqi Free- Class Antoine J. Holt, 20, of Kennesaw, Geor- to the United States in Operation Iraqi Free- dom; gia, who died on April 10, 2004, in service to dom; (769) honors the memory of Lance Corporal the United States in Operation Iraqi Free- (750) honors the memory of Lance Corporal Michael B. Wafford, 20, of Spring, Texas, who dom; Travis J. Layfield, 19, of Fremont, Cali- died on April 8, 2004, in service to the United (789) honors the memory of Specialist Jus- fornia, who died on April 6, 2004, in service to States in Operation Iraqi Freedom; tin W. Johnson, 22, of Rome, Georgia, who

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.180 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13827 died on April 10, 2004, in service to the (808) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Jimmy J. Arroyave, 30, of Woodland, Cali- dom; (790) honors the memory of Lance Corporal fornia, who died on April 15, 2004, in service (827) honors the memory of Specialist Pat- John T. Sims, Jr., 21, of Alexander City, Ala- to the United States in Operation Iraqi Free- rick D. Tillman, 27, of Chandler, Arizona, bama, who died on April 10, 2004, in service dom; who died on April 22, 2004, in service to the to the United States in Operation Iraqi Free- (809) honors the memory of Sergeant Brian United States in Operation Enduring Free- dom; M. Wood, 21, of Torrance, California, who dom; (791) honors the memory of Corporal Daniel died on April 16, 2004, in service to the (828) honors the memory of Private First R. Amaya, 22, of Odessa, Texas, who died on United States in Operation Iraqi Freedom; Class Shawn C. Edwards, 20, of Bensenville, April 11, 2004, in service to the United States (810) honors the memory of Specialist Illinois, who died on April 23, 2004, in service in Operation Iraqi Freedom; Marvin A. Camposiles, 25, of Austell, Geor- to the United States in Operation Iraqi Free- (792) honors the memory of Private First gia, who died on April 17, 2004, in service to dom; Class Nathan P. Brown, 21, of South Glens the United States in Operation Iraqi Free- (829) honors the memory of Staff Sergeant Falls, New York, who died on April 11, 2004, dom; Stacey C. Brandon, 35, of Hazen, Arkansas, in service to the United States in Operation (811) honors the memory of Staff Sergeant who died on April 24, 2004, in service to the Iraqi Freedom; Edward W. Carman, 27, of McKeesport, Penn- United States in Operation Iraqi Freedom; (793) honors the memory of Chief Warrant sylvania, who died on April 17, 2004, in serv- (830) honors the memory of Staff Sergeant Officer Lawrence S. Colton, 32, of Oklahoma ice to the United States in Operation Iraqi Cory W. Brooks, 32, of Philip, South Dakota, Freedom; who died on April 24, 2004, in service to the City, Oklahoma, who died on April 11, 2004, (812) honors the memory of Captain Rich- United States in Operation Iraqi Freedom; in service to the United States in Operation ard J. Gannon II, 31, of Escondido, Cali- (831) honors the memory of Captain Arthur Iraqi Freedom; fornia, who died on April 17, 2004, in service L. ‘‘Bo’’ Felder, 36, of Lewisville, Arkansas, (794) honors the memory of Chief Warrant to the United States in Operation Iraqi Free- who died on April 24, 2004, in service to the Officer Wesley C. Fortenberry, 38, of Wood- dom; United States in Operation Iraqi Freedom; ville, Texas, who died on April 11, 2004, in (813) honors the memory of Corporal Chris- (832) honors the memory of Chief Warrant service to the United States in Operation topher A. Gibson, 23, of Simi Valley, Cali- Officer Patrick W. Kordsmeier, 49, of North Iraqi Freedom; fornia, who died on April 17, 2004, in service Little Rock, Arkansas, who died on April 24, (795) honors the memory of Lance Corporal to the United States in Operation Iraqi Free- 2004, in service to the United States in Oper- Torrey L. Gray, 19, of Patoka, Illinois, who dom; ation Iraqi Freedom; died on April 11, 2004, in service to the (814) honors the memory of Sergeant Jona- (833) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; than N. Hartman, 27, of Jacksonville, Flor- Billy J. Orton, 41, of Humnoke, Arkansas, (796) honors the memory of First Lieuten- ida, who died on April 17, 2004, in service to who died on April 24, 2004, in service to the ant Oscar Jimenez, 34, of San Diego, Cali- the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; fornia, who died on April 11, 2004, in service dom; (834) honors the memory of Petty Officer to the United States in Operation Iraqi Free- (815) honors the memory of First Lieuten- First Class Michael J. Pernaselli, 27, of Mon- dom; ant Robert L. Henderson II, 33, of Alvaton, roe, New York, who died on April 24, 2004, in (797) honors the memory of Sergeant Major Kentucky, who died on April 17, 2004, in serv- service to the United States in Operation Michael Boyd Stack, 48, of Lake City, South ice to the United States in Operation Iraqi Iraqi Freedom; Carolina, who died on April 11, 2004, in serv- Freedom; (835) honors the memory of Petty Officer ice to the United States in Operation Iraqi (816) honors the memory of Private First Second Class Christopher E. Watts, 28, of Freedom; Class Clayton Welch Henson, 20, of Stanton, Knoxville, Tennessee, who died on April 24, (798) honors the memory of Private First Texas, who died on April 17, 2004, in service 2004, in service to the United States in Oper- Class George D. Torres, 23, of Long Beach, to the United States in Operation Iraqi Free- ation Iraqi Freedom; California, who died on April 11, 2004, in serv- dom; (836) honors the memory of Petty Officer ice to the United States in Operation Iraqi (817) honors the memory of Specialist Mi- Third Class Nathan B. Bruckenthal, 24, of Freedom; chael A. McGlothin, 21, of Milwaukee, Wis- Stony Brook (Long Island), New York, who (799) honors the memory of Lance Corporal consin, who died on April 17, 2004, in service died on April 25, 2004, in service to the Brad S. Shuder, 21, of El Dorado, California, to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; who died on April 12, 2004, in service to the dom; (837) honors the memory of Specialist Ken- United States in Operation Iraqi Freedom; (818) honors the memory of Specialist Den- neth A. Melton, 30, of Westplains, Missouri, (800) honors the memory of Commander nis B. Morgan, 22, of Valentine, Nebraska, who died on April 25, 2004, in service to the Adrian Basil Szwec, 43, of Chicago, Illinois, who died on April 17, 2004, in service to the United States in Operation Iraqi Freedom; who died on April 12, 2004, in service to the United States in Operation Iraqi Freedom; (838) honors the memory of Lance Corporal United States in Operation Enduring Free- (819) honors the memory of Lance Corporal Aaron C. Austin, 21, of Sunray, Texas, who dom; Michael J. Smith, Jr., 21, of Jefferson, Ohio, died on April 26, 2004, in service to the (801) honors the memory of Lance Corporal who died on April 17, 2004, in service to the United States in Operation Iraqi Freedom; Robert Paul Zurheide, Jr., 20, of Tucson, Ari- United States in Operation Iraqi Freedom; (839) honors the memory of Sergeant Sher- zona, who died on April 12, 2004, in service to (820) honors the memory of Lance Corporal wood R. Baker, 30, of Plymouth, Pennsyl- the United States in Operation Iraqi Free- Ruben Valdez, Jr., 21, of San Diego, Texas, vania, who died on April 26, 2004, in service dom; who died on April 17, 2004, in service to the to the United States in Operation Iraqi Free- (802) honors the memory of Private Noah United States in Operation Iraqi Freedom; dom; L. Boye, 21, of Grand Island, Nebraska, who (821) honors the memory of Lance Corporal (840) honors the memory of Sergeant Law- died on April 13, 2004, in service to the Gary F. Van Leuven, 20, of Klamath Falls, rence A. Roukey, 33, of Westbrook, Maine, United States in Operation Iraqi Freedom; Oregon, who died on April 17, 2004, in service who died on April 26, 2004, in service to the (803) honors the memory of Corporal Kevin to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; T. Kolm, 23, of Hicksville, New York, who dom; (841) honors the memory of Staff Sergeant died on April 13, 2004, in service to the (822) honors the memory of Master Ser- Abraham D. Penamedina, 32, of Los Angeles, United States in Operation Iraqi Freedom; geant Herbert R. Claunch, 58, of Wetumpka, California, who died on April 27, 2004, in serv- (804) honors the memory of Staff Sergeant Alabama, who died on April 18, 2004, in service to the United States in Operation Iraqi Victor A. Rosaleslomeli, 29, of Westminster, ice to the United States in Operation Endur- Freedom; California, who died on April 13, 2004, in serving Freedom; (842) honors the memory of Private First ice to the United States in Operation Iraqi (823) honors the memory of First Sergeant Class Marquis A. Whitaker, 20, of Columbus, Freedom; Bradley C. Fox, 34, of Adrian, Michigan, who Georgia, who died on April 27, 2004, in service (805) honors the memory of Sergeant Chris- died on April 20, 2004, in service to the to the United States in Operation Iraqi Free- topher Ramirez, 34, of Edinburg (McAllen), United States in Operation Iraqi Freedom; dom; Texas, who died on April 14, 2004, in service (824) honors the memory of Specialist (843) honors the memory of Specialist to the United States in Operation Iraqi Free- Christopher D. Gelineau, 23, of Portland, Jacob R. Herring, 21, of Kirkland, Wash- dom; Maine, who died on April 20, 2004, in service ington, who died on April 28, 2004, in service (806) honors the memory of Specialist to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Frank K. Rivers, Jr., 23, of Woodbridge, Vir- dom; dom; ginia, who died on April 14, 2004, in service to (825) honors the memory of Private First (844) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- Class Leroy Harris-Kelly, 20, of Azusa, Cali- Kendall Thomas, 36, of St. Thomas, Virgin dom; fornia, who died on April 20, 2004, in service Islands, who died on April 28, 2004, in service (807) honors the memory of Specialist to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Richard K. Trevithick, 20, of Gaines, Michi- dom; dom; gan, who died on April 14, 2004, in service to (826) honors the memory of Corporal Jason (845) honors the memory of Specialist the United States in Operation Iraqi Free- L. Dunham, 22, of Scio (Allegany Co.), New James L. Beckstrand, 27, of Escondido, Cali- dom; York, who died on April 22, 2004, in service to fornia, who died on April 29, 2004, in service

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.180 S16DEPT1 S13828 CONGRESSIONAL RECORD — SENATE December 16, 2005 to the United States in Operation Iraqi Free- (865) honors the memory of Petty Officer (884) honors the memory of Private First dom; Second Class Michael C. Anderson, 36, of Class Brandon James Wadman, 19, of West (846) honors the memory of Sergeant Ryan Daytona, Florida, who died on May 2, 2004, in Palm Beach, Florida, who died on May 5, M. Campbell, 25, of Kirksville, Missouri, who service to the United States in Operation 2004, in service to the United States in Oper- died on April 29, 2004, in service to the Iraqi Freedom; ation Enduring Freedom; United States in Operation Iraqi Freedom; (866) honors the memory of Specialist (885) honors the memory of Staff Sergeant (847) honors the memory of Private First Ervin Caradine, Jr., 33, of Memphis, Ten- Hesley Box, Jr., 24, of Nashville, Arkansas, Class Norman Darling, 29, of Middleboro, nessee, who died on May 2, 2004, in service to who died on May 6, 2004, in service to the Massachusetts, who died on April 29, 2004, in the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; service to the United States in Operation dom; (886) honors the memory of Corporal Iraqi Freedom; (867) honors the memory of Petty Officer Dustin H. Schrage, 20, of Brevard, Florida, (848) honors the memory of Staff Sergeant Second Class Trace W. Dossett, 37, of Or- who died on May 6, 2004, in service to the Jeffrey F. Dayton, 27, of Caledonia, Mis- lando, Florida, who died on May 2, 2004, in United States in Operation Iraqi Freedom; sissippi, who died on April 29, 2004, in service service to the United States in Operation (887) honors the memory of Corporal Ron- to the United States in Operation Iraqi Free- Iraqi Freedom; ald R. Payne, Jr., 23, of Lakeland, Florida, dom; (868) honors the memory of Private Jeremy who died on May 7, 2004, in service to the (849) honors the memory of Sergeant Adam L. Drexler, 23, of Topeka, Kansas, who died United States in Operation Enduring Free- W. Estep, 23, of Campbell, California, who on May 2, 2004, in service to the United dom; States in Operation Iraqi Freedom; (888) honors the memory of Specialist Phil- died on April 29, 2004, in service to the (869) honors the memory of Petty Officer ip D. Brown, 21, of Jamestown, North Da- United States in Operation Iraqi Freedom; Third Class Ronald A. Ginther, 37, of kota, who died on May 8, 2004, in service to (850) honors the memory of Private First Auburndale, Florida, who died on May 2, the United States in Operation Iraqi Free- Class Jeremy Ricardo Ewing, 22, of Miami, 2004, in service to the United States in Oper- dom; Florida, who died on April 29, 2004, in service ation Iraqi Freedom; (889) honors the memory of Specialist to the United States in Operation Iraqi Free- (870) honors the memory of Petty Officer James J. Holmes, 28, of East Grand Forks, dom; Second Class Robert B. Jenkins, 35, of Stu- Minnesota, who died on May 8, 2004, in serv- (851) honors the memory of Sergeant Lan- art, Florida, who died on May 2, 2004, in service to the United States in Operation Iraqi dis W. Garrison, 23, of Rapids City, Illinois, ice to the United States in Operation Iraqi Freedom; who died on April 29, 2004, in service to the Freedom; (890) honors the memory of Specialist Isela United States in Operation Iraqi Freedom; (871) honors the memory of Petty Officer Rubalcava, 25, of El Paso, Texas, who died on (852) honors the memory of Specialist Mar- Second Class Scott R. McHugh, 33, of Boca May 8, 2004, in service to the United States tin W. Kondor, 20, of York, Pennsylvania, Raton, Florida, who died on May 2, 2004, in in Operation Iraqi Freedom; who died on April 29, 2004, in service to the service to the United States in Operation (891) honors the memory of Specialist United States in Operation Iraqi Freedom; Iraqi Freedom; Chase R. Whitman, 21, of Oregon, who died (853) honors the memory of Staff Sergeant (872) honors the memory of Staff Sergeant on May 8, 2004, in service to the United Esau G. Patterson, Jr., 25, of Ridgeland, Todd E. Nunes, 29, of Chapel Hills, Ten- States in Operation Iraqi Freedom; South Carolina, who died on April 29, 2004, in nessee, who died on May 2, 2004, in service to (892) honors the memory of Sergeant Rod- service to the United States in Operation the United States in Operation Iraqi Free- ney A. Murray, 28, of Ayden, North Carolina, Iraqi Freedom; dom; who died on May 9, 2004, in service to the (854) honors the memory of Private First (873) honors the memory of Captain John United States in Operation Iraqi Freedom; Class Ryan E. Reed, 20, of Colorado Springs, E. Tipton, 32, of Fort Walton Beach, Florida, (893) honors the memory of Private First Colorado, who died on April 29, 2004, in serv- who died on May 2, 2004, in service to the Class Andrew L. Tuazon, 21, of Chesapeake, ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Virginia, who died on May 10, 2004, in service Freedom; (874) honors the memory of Gunnery Ser- to the United States in Operation Iraqi Free- (855) honors the memory of Specialist Jus- geant Ronald E. Baum, 38, of Hollidaysburg, dom; tin B. Schmidt, 23, of Bradenton, Florida, Pennsylvania, who died on May 3, 2004, in (894) honors the memory of Specialist Kyle who died on April 29, 2004, in service to the service to the United States in Operation A. Brinlee, 21, of Pryor, Oklahoma, who died United States in Operation Iraqi Freedom; Iraqi Freedom; on May 11, 2004, in service to the United (856) honors the memory of Petty Officer (875) honors the memory of First Lieuten- States in Operation Iraqi Freedom; Third Class Christopher M. Dickerson, 33, of ant Christopher J. Kenny, 32, of Miami, Flor- (895) honors the memory of Lance Corporal Eastman, Georgia, who died on April 30, 2004, ida, who died on May 3, 2004, in service to the Jeremiah E. Savage, 21, of Livingston, Ten- in service to the United States in Operation United States in Operation Iraqi Freedom; nessee, who died on May 12, 2004, in service Iraqi Freedom; (876) honors the memory of Private First to the United States in Operation Iraqi Free- (857) honors the memory of Petty Officer Class Lyndon A. Marcus, Jr., 21, of Long dom; Second Class Jason B. Dwelley, 31, of Beach, California, who died on May 3, 2004, in (896) honors the memory of Specialist Jef- Apopka, Florida, who died on April 30, 2004, service to the United States in Operation frey R. Shaver, 26, of Maple Valley, Wash- in service to the United States in Operation Iraqi Freedom; ington, who died on May 12, 2004, in service Iraqi Freedom; (877) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- (858) honors the memory of Corporal Scott Erickson H. Petty, 28, of Fort Gibson, Okla- dom; M. Vincent, 21, of Bokoshe, Oklahoma, who homa, who died on May 3, 2004, in service to (897) honors the memory of Private First died on April 30, 2004, in service to the the United States in Operation Iraqi Free- Class Brian K. Cutter, 19, of Riverside, Cali- United States in Operation Iraqi Freedom; dom; fornia, who died on May 13, 2004, in service to (859) honors the memory of Corporal Josh- (878) honors the memory of Sergeant the United States in Operation Iraqi Free- ua S. Wilfong, 22, of Walker, West Virginia, Marvin R. Sprayberry III, 24, of Tehachapi, dom; who died on April 30, 2004, in service to the California, who died on May 3, 2004, in serv- (898) honors the memory of Private First United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Class Brandon C. Sturdy, 19, of Urbandale, (860) honors the memory of Sergeant Josh- Freedom; Iowa, who died on May 13, 2004, in service to ua S. Ladd, 20, of Port Gibson, Mississippi, (879) honors the memory of Sergeant Greg- the United States in Operation Iraqi Free- who died on May 1, 2004, in service to the ory L. Wahl, 30, of Salisbury, North Carolina, dom; United States in Operation Iraqi Freedom; who died on May 3, 2004, in service to the (899) honors the memory of Command Ser- (861) honors the memory of Specialist United States in Operation Iraqi Freedom; geant Major Edward C. Barnhill, 50, of Ramon C. Ojeda, 22, of Ramona, California, (880) honors the memory of Private First Shreveport, Louisiana, who died on May 14, who died on May 1, 2004, in service to the Class Jesse R. Buryj, 21, of Canton, Ohio, 2004, in service to the United States in Oper- United States in Operation Iraqi Freedom; who died on May 5, 2004, in service to the ation Iraqi Freedom; (862) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; (900) honors the memory of Sergeant Brud Oscar D. Vargas-Medina, 32, of Chicago, Illi- (881) honors the memory of Corporal Jef- J. Cronkrite, 22, of Spring Valley, California, nois, who died on May 1, 2004, in service to frey G. Green, 20, of Dallas, Texas, who died who died on May 14, 2004, in service to the the United States in Operation Iraqi Free- on May 5, 2004, in service to the United United States in Operation Iraqi Freedom; dom; States in Operation Iraqi Freedom; (901) honors the memory of Sergeant (863) honors the memory of Specialist (882) honors the memory of Private First James William Harlan, 44, of Owensboro, Trevor A. Wine, 22, of Orange, California, Class Bradley G. Kritzer, 18, of Irvona, Penn- Kentucky, who died on May 14, 2004, in serv- who died on May 1, 2004, in service to the sylvania, who died on May 5, 2004, in service ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- Freedom; (864) honors the memory of Specialist Phil- dom; (902) honors the memory of Private First lip L. Witkowski, 24, of Fredonia, New York, (883) honors the memory of Specialist Class Michael A. Mora, 19, of Arroyo Grande, who died on May 1, 2004, in service to the James E. Marshall, 19, of Tulsa, Oklahoma, California, who died on May 14, 2004, in serv- United States in Operation Enduring Free- who died on May 5, 2004, in service to the ice to the United States in Operation Iraqi dom; United States in Operation Iraqi Freedom; Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.180 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13829 (903) honors the memory of Specialist Phil- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- ip I. Spakosky, 25, of Browns Mill, New Jer- dom; dom; sey, who died on May 14, 2004, in service to (922) honors the memory of Specialist Jer- (941) honors the memory of First Lieuten- the United States in Operation Iraqi Free- emy L. Ridlen, 23, of Paris, Illinois, who died ant Kenneth Michael Ballard, 26, of Moun- dom; on May 23, 2004, in service to the United tain View, California, who died on May 30, (904) honors the memory of Senior Airman States in Operation Iraqi Freedom; 2004, in service to the United States in Oper- Pedro I. Espaillat, Jr., 20, of Columbia, Ten- (923) honors the memory of Specialist Beau ation Iraqi Freedom; nessee, who died on May 15, 2004, in service R. Beaulieu, 20, of Lisbon, Maine, who died (942) honors the memory of Private Bradli to the United States in Operation Iraqi Free- on May 24, 2004, in service to the United N. Coleman, 19, of Ford City, Pennsylvania, dom; States in Operation Iraqi Freedom; who died on May 30, 2004, in service to the (905) honors the memory of Staff Sergeant (924) honors the memory of Private First United States in Operation Iraqi Freedom; Rene Ledesma, 34, of Abilene, Texas, who Class Owen D. Witt, 20, of Sand Springs, (943) honors the memory of Sergeant Aaron died on May 15, 2004, in service to the United Montana, who died on May 24, 2004, in service C. Elandt, 23, of Lowell, Michigan, who died States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- on May 30, 2004, in service to the United (906) honors the memory of Chief Warrant dom; States in Operation Iraqi Freedom; Officer Bruce E. Price, 37, of Maryland, who (925) honors the memory of Specialist Alan (944) honors the memory of Specialist died on May 15, 2004, in service to the United N. Bean, Jr., 22, of Bridport, Vermont, who Charles E. Odums II, 22, of Sandusky, Ohio, States in Operation Enduring Freedom; died on May 25, 2004, in service to the United who died on May 30, 2004, in service to the States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (907) honors the memory of Second Lieu- (926) honors the memory of Private First (945) honors the memory of Private First tenant Leonard M. Cowherd, Jr., 22, of Class James P. Lambert, 23, of New Orleans, Class Nicholaus E. Zimmer, 20, of Columbus, Culpeper, Virginia, who died on May 16, 2004, Louisiana, who died on May 25, 2004, in serv- Ohio, who died on May 30, 2004, in service to in service to the United States in Operation ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- Iraqi Freedom; Freedom; dom; (908) honors the memory of Specialist Carl (927) honors the memory of Private First (946) honors the memory of Captain Robert F. Curran, 22, of Union City, Pennsylvania, Class Richard H. Rosas, 21, of Saint Louis, C. Scheetz, Jr., 31, of Dothan, Alabama, who who died on May 17, 2004, in service to the Michigan, who died on May 25, 2004, in serv- died on May 31, 2004, in service to the United United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi States in Operation Iraqi Freedom; (909) honors the memory of Specialist Freedom; (947) honors the memory of Lance Corporal Mark Joseph Kasecky, 20, of McKees Rocks, (928) honors the memory of Sergeant Kevin Dustin L. Sides, 22, of Yakima, Washington, Pennsylvania, who died on May 17, 2004, in F. Sheehan, 36, of Milton, Vermont, who died who died on May 31, 2004, in service to the service to the United States in Operation on May 25, 2004, in service to the United United States in Operation Iraqi Freedom; Iraqi Freedom; States in Operation Iraqi Freedom; (948) honors the memory of Private First (910) honors the memory of Lance Corporal (929) honors the memory of Private First Class Markus J. Johnson, 20, of Springfield, Bob W. Roberts, 30, of Newport, Oregon, who Class Daniel Paul Unger, 19, of Exeter, Cali- Massachusetts, who died on June 1, 2004, in died on May 17, 2004, in service to the United fornia, who died on May 25, 2004, in service to service to the United States in Operation States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Iraqi Freedom; (911) honors the memory of Private First dom; (949) honors the memory of Corporal Class Michael M. Carey, 20, of Prince George, (930) honors the memory of Lance Corporal Bumrok Lee, 21, of Sunnyvale, California, Virginia, who died on May 18, 2004, in service Kyle W. Codner, 19, of Wood River, Nebraska, who died on June 2, 2004, in service to the to the United States in Operation Iraqi Free- who died on May 26, 2004, in service to the United States in Operation Iraqi Freedom; dom; United States in Operation Iraqi Freedom; (950) honors the memory of Lance Corporal (912) honors the memory of Staff Sergeant (931) honors the memory of Corporal Mat- Todd J. Bolding, 23, of Manvel, Texas, who William D. Chaney, 59, of Schaumburg, Illi- thew C. Henderson, 25, of Lincoln, Nebraska, died on June 3, 2004, in service to the United nois, who died on May 18, 2004, in service to who died on May 26, 2004, in service to the States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; (951) honors the memory of Sergeant Frank dom; (932) honors the memory of Corporal T. Carvill, 51, of Carlstadt, New Jersey, who (913) honors the memory of Staff Sergeant Dominique J. Nicolas, 25, of Maricopa, Ari- died on June 4, 2004, in service to the United Joseph P. Garyantes, 34, of Rehoboth, Dela- zona, who died on May 26, 2004, in service to States in Operation Iraqi Freedom; ware, who died on May 18, 2004, in service to the United States in Operation Iraqi Free- (952) honors the memory of Specialist the United States in Operation Iraqi Free- dom; Christopher M. Duffy, 26, of Brick, New Jer- dom; (933) honors the memory of Specialist Mi- sey, who died on June 4, 2004, in service to (914) honors the memory of Specialist chael J. Wiesemann, 20, of North Judson, In- the United States in Operation Iraqi Free- Marcos O. Nolasco, 34, of Chino, California, diana, who died on May 28, 2004, in service to dom; who died on May 18, 2004, in service to the the United States in Operation Iraqi Free- (953) honors the memory of Sergeant Jus- United States in Operation Iraqi Freedom; dom; tin L. Eyerly, 23, of Salem, Oregon, who died (915) honors the memory of Specialist Mi- (934) honors the memory of Private First on June 4, 2004, in service to the United chael C. Campbell, 34, of Marshfield, Mis- Class Cody S. Calavan, 19, of Lake Stevens, States in Operation Iraqi Freedom; souri, who died on May 19, 2004, in service to Washington, who died on May 29, 2004, in (954) honors the memory of Specialist Jus- the United States in Operation Iraqi Free- service to the United States in Operation tin W. Linden, 22, of Portland, Oregon, who dom; Iraqi Freedom; died on June 4, 2004, in service to the United (916) honors the memory of Private First (935) honors the memory of Captain Daniel States in Operation Iraqi Freedom; Class Leslie D. Jackson, 18, of Richmond, W. Eggers, 28, of Cape Coral, Florida, who (955) honors the memory of First Lieuten- Virginia, who died on May 20, 2004, in service died on May 29, 2004, in service to the United ant Erik S. McCrae, 25, of Portland, Oregon, to the United States in Operation Iraqi Free- States in Operation Enduring Freedom; who died on June 4, 2004, in service to the dom; (936) honors the memory of Lance Corporal United States in Operation Iraqi Freedom; (917) honors the memory of Sergeant First Benjamin R. Gonzalez, 23, of Los Angeles, (956) honors the memory of Specialist Ryan Class Troy ‘‘Leon’’ Miranda, 44, of DeQueen, California, who died on May 29, 2004, in serv- E. Doltz, 26, of Mine Hill, New Jersey, who Arkansas, who died on May 20, 2004, in service to the United States in Operation Iraqi died on June 5, 2004, in service to the United ice to the United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; Freedom; (937) honors the memory of Private First (957) honors the memory of Sergeant (918) honors the memory of Corporal Rudy Class Joseph A. Jeffries, 21, of Beaverton, Or- Humberto F. Timoteo, 25, of Newark, New Salas, 20, of Baldwin Park, California, who egon, who died on May 29, 2004, in service to Jersey, who died on June 5, 2004, in service to died on May 20, 2004, in service to the United the United States in Operation Enduring the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; Freedom; dom; (919) honors the memory of Staff Sergeant (938) honors the memory of Staff Sergeant (958) honors the memory of Private First Jeremy R. Horton, 24, of Carneys Point, Robert J. Mogensen, 26, of Leesville, Lou- Class Melissa J. Hobart, 22, of Ladson, South Pennsylvania, who died on May 21, 2004, in isiana, who died on May 29, 2004, in service to Carolina, who died on June 6, 2004, in service service to the United States in Operation the United States in Operation Enduring to the United States in Operation Iraqi Free- Iraqi Freedom; Freedom; dom; (920) honors the memory of Lance Corporal (939) honors the memory of Petty Officer (959) honors the memory of Sergeant Mel- Andrew J. Zabierek, 25, of Chelmsford, Mas- First Class Brian J. Ouellette, 37, of Need- vin Y. Mora Lopez, 27, of Arecibo, Puerto sachusetts, who died on May 21, 2004, in serv- ham, Massachusetts, who died on May 29, Rico, who died on June 6, 2004, in service to ice to the United States in Operation Iraqi 2004, in service to the United States in Oper- the United States in Operation Iraqi Free- Freedom; ation Enduring Freedom; dom; (921) honors the memory of Staff Sergeant (940) honors the memory of Lance Corporal (960) honors the memory of Lance Corporal Jorge A. Molina Bautista, 37, of Rialto, Cali- Rafael Reynosasuarez, 28, of Santa Ana, Cali- Jeremy L. Bohlman, 21, of Sioux Falls, fornia, who died on May 23, 2004, in service to fornia, who died on May 29, 2004, in service to South Dakota, who died on June 7, 2004, in

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 S13830 CONGRESSIONAL RECORD — SENATE December 16, 2005 service to the United States in Operation (980) honors the memory of Sergeant Pat- the United States in Operation Iraqi Free- Iraqi Freedom; rick R. McCaffrey, Sr., 34, of Tracy, Cali- dom; (961) honors the memory of Corporal David fornia, who died on June 22, 2004, in service (999) honors the memory of Staff Sergeant M. Fraise, 24, of New Orleans, Louisiana, who to the United States in Operation Iraqi Free- Stephen G. Martin, 39, of Wausau/ died on June 7, 2004, in service to the United dom; Rhinelander, Wisconsin, who died on July 2, States in Operation Enduring Freedom; (981) honors the memory of First Lieuten- 2004, in service to the United States in Oper- (962) honors the memory of Sergeant Jamie ant Andre D. Tyson, 33, of Riverside, Cali- ation Iraqi Freedom; A. Gray, 29, of Montpelier, Vermont, who fornia, who died on June 22, 2004, in service (1000) honors the memory of Second Lieu- died on June 7, 2004, in service to the United to the United States in Operation Iraqi Free- tenant Brian D. Smith, 30, of McKinney, States in Operation Iraqi Freedom; dom; Texas, who died on July 2, 2004, in service to (963) honors the memory of Captain (982) honors the memory of Captain Chris- the United States in Operation Iraqi Free- Humayun S. M. Khan, 27, of Bristow, Vir- topher S. Cash, 36, of Winterville, North dom; ginia, who died on June 8, 2004, in service to Carolina, who died on June 24, 2004, in serv- (1001) honors the memory of Specialist the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi Julie R. Hickey, 20, of Galloway, Ohio, who dom; Freedom; died on July 4, 2004, in service to the United (964) honors the memory of Private First (983) honors the memory of Specialist Dan- States in Operation Enduring Freedom; Class Thomas D. Caughman, 20, of Lex- iel A. Desens, 20, of Jacksonville, North (1002) honors the memory of Corporal Dal- ington, South Carolina, who died on June 9, Carolina, who died on June 24, 2004, in serv- las L. Kerns, 21, of Mountain Grove, Mis- souri, who died on July 5, 2004, in service to 2004, in service to the United States in Oper- ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- ation Iraqi Freedom; Freedom; dom; (965) honors the memory of Specialist Eric (984) honors the memory of Staff Sergeant (1003) honors the memory of Lance Cor- S. McKinley, 24, of Corvallis, Oregon, who Charles A. Kiser, 37, of Cleveland, Wisconsin, poral Michael S. Torres, 21, of El Paso, died on June 13, 2004, in service to the United who died on June 24, 2004, in service to the Texas, who died on July 5, 2004, in service to States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (966) honors the memory of Private First (985) honors the memory of Private First dom; Class Shawn M. Atkins, 20, of Parker, Colo- Class Daniel B. McClenney, 19, of Shelby- (1004) honors the memory of Lance Cor- rado, who died on June 14, 2004, in service to ville, Tennessee, who died on June 24, 2004, in poral John J. Vangyzen IV, 21, of Bristol, the United States in Operation Iraqi Free- service to the United States in Operation En- Massachusetts, who died on July 5, 2004, in dom; during Freedom; service to the United States in Operation (967) honors the memory of Specialist Jer- (986) honors the memory of Lance Corporal Iraqi Freedom; emy M. Dimaranan, 29, of Virginia Beach, Juston Tyler Thacker, 21, of Bluefield, West (1005) honors the memory of Lance Cor- Virginia, who died on June 16, 2004, in service Virginia, who died on June 24, 2004, in service poral Scott Eugene Dougherty, 20, of Bra- to the United States in Operation Iraqi Free- to the United States in Operation Enduring denton, Florida, who died on July 6, 2004, in dom; Freedom; service to the United States in Operation (968) honors the memory of Sergeant Ar- (987) honors the memory of Lance Corporal Iraqi Freedom; thur S. (Stacey) Mastrapa, 35, of Apopka, Manuel A. Ceniceros, 23, of Santa Ana, Cali- (1006) honors the memory of Lance Cor- Florida, who died on June 16, 2004, in service fornia, who died on June 26, 2004, in service poral Justin T. Hunt, 22, of Riverside, Cali- to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- fornia, who died on July 6, 2004, in service to dom; dom; the United States in Operation Iraqi Free- (969) honors the memory of Major Paul R. (988) honors the memory of Specialist Jer- dom; Syverson III, 32, of Lake Zurich, Illinois, who emy M. Heines, 25, of New Orleans, Lou- (1007) honors the memory of Corporal Jef- died on June 16, 2004, in service to the United isiana, who died on June 26, 2004, in service frey D. Lawrence, 22, of Tucson, Arizona, States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- who died on July 6, 2004, in service to the (970) honors the memory of Private First dom; United States in Operation Iraqi Freedom; Class Jason N. Lynch, 21, of St. Croix, Virgin (989) honors the memory of First Sergeant (1008) honors the memory of Private First Islands, who died on June 18, 2004, in service Ernest E. Utt, 38, of Hammond, Illinois, who Class Rodricka Antwan Youmans, 22, of to the United States in Operation Iraqi Free- died on June 27, 2004, in service to the United Allendale, South Carolina, who died on July dom; States in Operation Iraqi Freedom; 6, 2004, in service to the United States in Op- (971) honors the memory of Specialist Thai (990) honors the memory of Lance Corporal eration Iraqi Freedom; Vue, 22, of Willows, California, who died on Patrick R. Adle, 21, of Bel Air, Maryland, (1009) honors the memory of Sergeant Mi- June 18, 2004, in service to the United States who died on June 29, 2004, in service to the chael C. Barkey, 22, of Canal Fulton, Ohio, in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; who died on July 7, 2004, in service to the (972) honors the memory of Private First (991) honors the memory of Sergeant Alan United States in Operation Iraqi Freedom; Class Sean Horn, 19, of Irvine, California, David Sherman, 36, of Wanamassa, New Jer- (1010) honors the memory of Private First who died on June 19, 2004, in service to the sey, who died on June 29, 2004, in service to Class Samuel R. Bowen, 38, of Cleveland, United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Ohio, who died on July 7, 2004, in service to (973) honors the memory of Staff Sergeant dom; the United States in Operation Iraqi Free- Marvin Best, 33, of Prosser, Washington, who (992) honors the memory of Corporal John dom; died on June 20, 2004, in service to the United H. Todd III, 24, of Bridgeport, Pennsylvania, (1011) honors the memory of Private First States in Operation Iraqi Freedom; who died on June 29, 2004, in service to the Class Collier Edwin Barcus, 21, of McHenry, (974) honors the memory of Lance Corporal United States in Operation Iraqi Freedom; Illinois, who died on July 8, 2004, in service Russell P. White, 19, of Dagsboro, Delaware, (993) honors the memory of Specialist Rob- to the United States in Operation Iraqi Free- who died on June 20, 2004, in service to the ert L. DuSang, 24, of Mandeville, Louisiana, dom; United States in Operation Enduring Free- who died on June 30, 2004, in service to the (1012) honors the memory of Sergeant Rob- dom; United States in Operation Iraqi Freedom; ert E. Colvill, Jr., 31, of Anderson, Indiana, (975) honors the memory of Lance Corporal (994) honors the memory of Staff Sergeant who died on July 8, 2004, in service to the Pedro Contreras, 27, of Harris, Texas, who Robert K. McGee, 38, of Martinsville, Vir- United States in Operation Iraqi Freedom; died on June 21, 2004, in service to the United ginia, who died on June 30, 2004, in service to (1013) honors the memory of Specialist States in Operation Iraqi Freedom; the United States in Operation Enduring Shawn M. Davies, 22, of Aliquippa/Hopewell, (976) honors the memory of Lance Corporal Freedom; Pennsylvania, who died on July 8, 2004, in Juan Lopez, 22, of Whitfield, Georgia, who (995) honors the memory of Sergeant Ken- service to the United States in Operation died on June 21, 2004, in service to the United neth Conde, Jr., 23, of Orlando, Florida, who Iraqi Freedom; States in Operation Iraqi Freedom; died on July 1, 2004, in service to the United (1014) honors the memory of Specialist Wil- (977) honors the memory of Lance Corporal States in Operation Iraqi Freedom; liam River Emanuel IV, 19, of Stockton, Deshon E. Otey, 24, of Hardin, Kentucky, (996) honors the memory of Lance Corporal California, who died on July 8, 2004, in serv- who died on June 21, 2004, in service to the Timothy R. Creager, 21, of Millington, Ten- ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; nessee, who died on July 1, 2004, in service to Freedom; (978) honors the memory of Corporal the United States in Operation Iraqi Free- (1015) honors the memory of Specialist Jo- Tommy L. Parker, Jr., 21, of Cleburne, Ar- dom; seph M. Garmback, Jr., 24, of Cleveland, kansas, who died on June 21, 2004, in service (997) honors the memory of Sergeant Chris- Ohio, who died on July 8, 2004, in service to to the United States in Operation Iraqi Free- topher A. Wagener, 24, of Fairview Heights, the United States in Operation Iraqi Free- dom; Illinois, who died on July 1, 2004, in service dom; (979) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- (1016) honors the memory of Specialist Gregory V. Pennington, 36, of Glade Spring, dom; Sonny Gene Sampler, 23, of Oklahoma City, Virginia, who died on June 21, 2004, in service (998) honors the memory of Lance Corporal Oklahoma, who died on July 8, 2004, in serv- to the United States in Operation Iraqi Free- James B. Huston, Jr., 22, of Umatilla, Or- ice to the United States in Operation Iraqi dom; egon, who died on July 2, 2004, in service to Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13831 (1017) honors the memory of Specialist (1036) honors the memory of Private First (1054) honors the memory of Specialist Jus- Jeremiah W. Schmunk, 21, of Richland/ Class Charles C. ‘‘C.C.’’ Persing, 20, of Al- tin B. Onwordi, 28, of Chandler, Arizona, who Kennewick, Washington, who died on July 8, bany, Louisiana, who died on July 19, 2004, in died on August 2, 2004, in service to the 2004, in service to the United States in Oper- service to the United States in Operation United States in Operation Iraqi Freedom; ation Iraqi Freedom; Iraqi Freedom; (1055) honors the memory of Corporal Dean (1018) honors the memory of Corporal (1037) honors the memory of Staff Sergeant P. Pratt, 22, of Stevensville, Montana, who Terry Holmes Ordo´ n˜ ez, 22, of Hollywood, Michael J. Clark, 29, of Leesburg Lake, Flor- died on August 2, 2004, in service to the Florida, who died on July 10, 2004, in service ida, who died on July 20, 2004, in service to United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- (1056) honors the memory of Sergeant dom; dom; Tommy L. Gray, 34, of Roswell, New Mexico, (1019) honors the memory of Sergeant (1038) honors the memory of Specialist who died on August 3, 2004, in service to the Krisna Nachampassak, 27, of Burke, Vir- Danny B. Daniels II, 23, of Varney, West Vir- United States in Operation Iraqi Freedom; ginia, who died on July 10, 2004, in service to ginia, who died on July 20, 2004, in service to (1057) honors the memory of Captain Greg- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- ory A. Ratzlaff, 36, of Olympia, Washington, dom; dom; who died on August 3, 2004, in service to the (1020) honors the memory of Private First (1039) honors the memory of Corporal Todd United States in Operation Iraqi Freedom; Class Christopher J. Reed, 20, of Craigmont, J. Godwin, 21, of Muskingum County, Ohio, (1058) honors the memory of Private First Idaho, who died on July 10, 2004, in service to who died on July 20, 2004, in service to the Class Harry N. Shondee, Jr., 19, of Ganado, the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Arizona, who died on August 3, 2004, in serv- dom; (1040) honors the memory of Private First ice to the United States in Operation Iraqi (1021) honors the memory of Staff Sergeant Class Nicholas H. Blodgett, 21, of Wyoming, Freedom; Trevor Spink, 36, of Farmington, Missouri, Michigan, who died on July 21, 2004, in serv- (1059) honors the memory of Gunnery Ser- who died on July 10, 2004, in service to the ice to the United States in Operation Iraqi geant Elia P. Fontecchio, 30, of Milford, Mas- United States in Operation Iraqi Freedom; Freedom; sachusetts, who died on August 4, 2004, in (1022) honors the memory of Sergeant Jer- emy J. Fischer, 26, of Lincoln, Nebraska, (1041) honors the memory of Lance Cor- service to the United States in Operation who died on July 11, 2004, in service to the poral Mark E. Engel, 21, of Grand Junction, Iraqi Freedom; United States in Operation Iraqi Freedom; Colorado, who died on July 21, 2004, in serv- (1060) honors the memory of Lance Cor- (1023) honors the memory of Staff Sergeant ice to the United States in Operation Iraqi poral Joseph L. Nice, 19, of Nicoma Park, Dustin W. Peters, 25, of El Dorado, Kansas, Freedom; Oklahoma, who died on August 4, 2004, in who died on July 11, 2004, in service to the (1042) honors the memory of Private First service to the United States in Operation United States in Operation Iraqi Freedom; Class Torey J. Dantzler, 22, of Columbia, Iraqi Freedom; (1024) honors the memory of Sergeant First Louisiana, who died on July 22, 2004, in serv- (1061) honors the memory of Private First Class Linda Ann Tarango-Griess, 33, of Sut- ice to the United States in Operation Iraqi Class Raymond J. Faulstich, Jr., 24, of ton, Nebraska, who died on July 11, 2004, in Freedom; Leonardtown, Maryland, who died on August service to the United States in Operation (1043) honors the memory of Sergeant 5, 2004, in service to the United States in Op- Iraqi Freedom; Tatjana Reed, 34, of Fort Campbell, Ken- eration Iraqi Freedom; (1025) honors the memory of Sergeant tucky, who died on July 22, 2004, in service to (1062) honors the memory of Specialist James G. West, 34, of Watertown, New York, the United States in Operation Iraqi Free- Donald R. McCune, 20, of Ypsilanti, Michi- who died on July 11, 2004, in service to the dom; gan, who died on August 5, 2004, in service to United States in Operation Iraqi Freedom; (1044) honors the memory of Lance Cor- the United States in Operation Iraqi Free- (1026) honors the memory of Specialist poral Vincent M. Sullivan, 23, of Chatham, dom; Dana N. Wilson, 26, of Fountain, Colorado, New Jersey, who died on July 24, 2004, in (1063) honors the memory of Sergeant who died on July 11, 2004, in service to the service to the United States in Operation Yadir G. Reynoso, 27, of Wapato, Wash- United States in Operation Iraqi Freedom; Iraqi Freedom; ington, who died on August 5, 2004, in service (1027) honors the memory of Specialist (1045) honors the memory of Specialist to the United States in Operation Iraqi Free- Juan Manuel Torres, 25, of Houston, Texas, Nicholas J. Zangara, 21, of Philadelphia, dom; who died on July 12, 2004, in service to the Pennsylvania, who died on July 24, 2004, in (1064) honors the memory of Sergeant United States in Operation Enduring Free- service to the United States in Operation Moses Daniel Rocha, 33, of Roswell, New dom; Iraqi Freedom; Mexico, who died on August 5, 2004, in serv- (1028) honors the memory of Private First (1046) honors the memory of Sergeant De- ice to the United States in Operation Iraqi Class Torry D. Harris, 21, of Chicago, Illinois, Forest L. ‘‘Dee’’ Talbert, 24, of Charleston, Freedom; who died on July 13, 2004, in service to the West Virginia, who died on July 27, 2004, in (1065) honors the memory of Corporal Ro- United States in Operation Iraqi Freedom; service to the United States in Operation berto Abad, 22, of Los Angeles, California, (1029) honors the memory of Private First Iraqi Freedom; who died on August 6, 2004, in service to the Class Jesse J. Martinez, 20, of Tracy, Cali- (1047) honors the memory of Lieutenant United States in Operation Iraqi Freedom; fornia, who died on July 14, 2004, in service to Colonel David S. Greene, 39, of Raleigh, (1066) honors the memory of Specialist the United States in Operation Iraqi Free- North Carolina, who died on July 28, 2004, in Joshua I. Bunch, 23, of Hattiesburg, Mis- dom; service to the United States in Operation sissippi, who died on August 6, 2004, in serv- (1030) honors the memory of Corporal De- Iraqi Freedom; ice to the United States in Operation Iraqi metrius Lamont Rice, 24, of Ortonville, Min- (1048) honors the memory of Gunnery Ser- Freedom; nesota, who died on July 14, 2004, in service geant Shawn A. Lane, 33, of Corning, New (1067) honors the memory of Lance Cor- to the United States in Operation Iraqi Free- York, who died on July 28, 2004, in service to poral Larry L. Wells, 22, of Mount Hermon, dom; the United States in Operation Iraqi Free- Louisiana, who died on August 6, 2004, in (1031) honors the memory of Staff Sergeant dom; service to the United States in Operation Paul C. Mardis, Jr., 25, of Palmetto, Florida, (1049) honors the memory of Private First Iraqi Freedom; who died on July 15, 2004, in service to the Class Ken W. Leisten, 20, of Warrenton/ (1068) honors the memory of Sergeant United States in Operation Iraqi Freedom; Cornelius, Oregon, who died on July 28, 2004, Bobby E. Beasley, 36, of Inwood, West Vir- (1032) honors the memory of Lance Cor- in service to the United States in Operation ginia, who died on August 7, 2004, in service poral Bryan P. Kelly, 21, of Klamath Falls, Iraqi Freedom; to the United States in Operation Enduring Oregon, who died on July 16, 2004, in service (1050) honors the memory of Specialist Jo- Freedom; to the United States in Operation Iraqi Free- seph F. Herndon II, 21, of Derby, Kansas, who (1069) honors the memory of Staff Sergeant dom; died on July 29, 2004, in service to the United Craig W. Cherry, 39, of Winchester, Virginia, (1033) honors the memory of Specialist States in Operation Iraqi Freedom; who died on August 7, 2004, in service to the Craig S. Frank, 24, of Lincoln Park, Michi- (1051) honors the memory of Specialist An- United States in Operation Enduring Free- gan, who died on July 17, 2004, in service to thony J. Dixon, 20, of Lindenwold, New Jer- dom; the United States in Operation Iraqi Free- sey, who died on August 1, 2004, in service to (1070) honors the memory of Private First dom; the United States in Operation Iraqi Free- Class David L. Potter, 22, of Johnson City, (1034) honors the memory of Sergeant First dom; Tennessee, who died on August 7, 2004, in Class David A. Hartman, 41, of Akron, (1052) honors the memory of Specialist service to the United States in Operation Tuscola Co., Michigan, who died on July 17, Armando Hernandez, 22, of Hesperia, Cali- Iraqi Freedom; 2004, in service to the United States in Oper- fornia, who died on August 1, 2004, in service (1071) honors the memory of Lance Cor- ation Iraqi Freedom; to the United States in Operation Iraqi Free- poral Jonathan W. Collins, 19, of Crystal (1035) honors the memory of Sergeant Dale dom; Lake, Illinois, who died on August 8, 2004, in Thomas Lloyd, 22, of Watsontown, Pennsyl- (1053) honors the memory of Sergeant Juan service to the United States in Operation vania, who died on July 19, 2004, in service to Calderon, Jr., 26, of Weslaco, Texas, who died Iraqi Freedom; the United States in Operation Iraqi Free- on August 2, 2004, in service to the United (1072) honors the memory of Civilian Rick dom; States in Operation Iraqi Freedom; A. Ulbright, 49, of Waldorf, Maryland, who

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 S13832 CONGRESSIONAL RECORD — SENATE December 16, 2005 died on August 8, 2004, in service to the (1091) honors the memory of Sergeant 2004, in service to the United States in Oper- United States in Operation Iraqi Freedom; Richard M. Lord, 24, of Jacksonville, Florida, ation Iraqi Freedom; (1073) honors the memory of Captain An- who died on August 18, 2004, in service to the (1110) honors the memory of Specialist drew R. Houghton, 25, of Houston, Texas, United States in Operation Iraqi Freedom; Charles L. Neeley, 19, of Mattoon, Illinois, who died on August 9, 2004, in service to the (1092) honors the memory of Specialist who died on August 25, 2004, in service to the United States in Operation Iraqi Freedom; Jacob D. Martir, 21, of Norwich, Connecticut, United States in Operation Iraqi Freedom; (1074) honors the memory of Staff Sergeant who died on August 18, 2004, in service to the (1111) honors the memory of Specialist John R. Howard, 26, of Covington, Virginia, United States in Operation Iraqi Freedom; Marco D. Ross, 20, of Memphis, Tennessee, who died on August 11, 2004, in service to the (1093) honors the memory of Sergeant Har- who died on August 25, 2004, in service to the United States in Operation Iraqi Freedom; vey Emmett Parkerson III, 27, of Yuba City, United States in Operation Iraqi Freedom; (1075) honors the memory of Lance Cor- California, who died on August 18, 2004, in (1112) honors the memory of Corporal Bar- poral Tavon L. Hubbard, 24, of Reston, Vir- service to the United States in Operation ton R. Humlhanz, 23, of Hellertown, Pennsyl- ginia, who died on August 11, 2004, in service Iraqi Freedom; vania, who died on August 26, 2004, in service to the United States in Operation Iraqi Free- (1094) honors the memory of Private First to the United States in Operation Iraqi Free- dom; Class Henry C. Risner, 26, of Golden, Colo- dom; (1076) honors the memory of Sergeant Dan- rado, who died on August 18, 2004, in service (1113) honors the memory of Private First iel Lee Galvan, 30, of Moore, Oklahoma, who to the United States in Operation Iraqi Free- Class Nicholas M. Skinner, 20, of Davenport, died on August 12, 2004, in service to the dom; Iowa, who died on August 26, 2004, in service United States in Operation Enduring Free- (1095) honors the memory of Corporal Brad to the United States in Operation Iraqi Free- dom; Preston McCormick, 23, of Overton, Ten- dom; (1077) honors the memory of Captain Mi- nessee, who died on August 19, 2004, in serv- (1114) honors the memory of Lance Cor- chael Yury Tarlavsky, 30, of Passaic, New ice to the United States in Operation Iraqi poral Nickalous N. Aldrich, 21, of Austin, Jersey, who died on August 12, 2004, in serv- Freedom; Texas, who died on August 27, 2004, in service ice to the United States in Operation Iraqi (1096) honors the memory of Private First to the United States in Operation Iraqi Free- Freedom; Class Ryan A. Martin, 22, of Mount Vernon, dom; (1078) honors the memory of Lance Cor- Ohio, who died on August 20, 2004, in service (1115) honors the memory of Private First poral Kane M. Funke, 20, of Vancouver, to the United States in Operation Iraqi Free- Class Luis A. Perez, 19, of Theresa, New Washington, who died on August 13, 2004, in dom; York, who died on August 27, 2004, in service service to the United States in Operation (1097) honors the memory of First Lieuten- to the United States in Operation Iraqi Free- Iraqi Freedom; ant Charles L. Wilkins III, 38, of Columbus, dom; (1079) honors the memory of Lance Cor- Ohio, who died on August 20, 2004, in service (1116) honors the memory of Specialist poral Nicholas B. Morrison, 23, of Carlisle, to the United States in Operation Iraqi Free- Omead H. Razani, 19, of Los Angeles, Cali- Pennsylvania, who died on August 13, 2004, in dom; fornia, who died on August 27, 2004, in service service to the United States in Operation (1098) honors the memory of Corporal to the United States in Operation Iraqi Free- Iraqi Freedom; Nicanor Alvarez, 22, of San Bernardino, Cali- dom; (1080) honors the memory of First Lieuten- fornia, who died on August 21, 2004, in service (1117) honors the memory of Sergeant ant Neil Anthony Santoriello, 24, of Verona, to the United States in Operation Iraqi Free- Edgar E. Lopez, 27, of Los Angeles, Cali- Pennsylvania, who died on August 13, 2004, in dom; fornia, who died on August 28, 2004, in service service to the United States in Operation (1099) honors the memory of Sergeant to the United States in Operation Iraqi Free- Iraqi Freedom; Jason Cook, 25, of Okanogan, Washington, dom; (1081) honors the memory of Second Lieu- who died on August 21, 2004, in service to the (1118) honors the memory of Airman First tenant James Michael Goins, 23, of Bonner United States in Operation Iraqi Freedom; Class Carl L. Anderson, Jr., 21, of George- Springs, Kansas, who died on August 15, 2004, (1100) honors the memory of Private First town, South Carolina, who died on August 29, in service to the United States in Operation Class Kevin A. Cuming, 22, of North White 2004, in service to the United States in Oper- Iraqi Freedom; Plains, New York, who died on August 21, ation Iraqi Freedom; (1082) honors the memory of Private First 2004, in service to the United States in Oper- (1119) honors the memory of Staff Sergeant Class Fernando B. Hannon, 19, of Wildomar, ation Iraqi Freedom; Aaron N. Holleyman, 26, of Glasgow, Mon- California, who died on August 15, 2004, in (1101) honors the memory of Lance Cor- tana, who died on August 30, 2004, in service service to the United States in Operation poral Seth Huston, 19, of Perryton, Texas, to the United States in Operation Iraqi Free- Iraqi Freedom; who died on August 21, 2004, in service to the dom; (1083) honors the memory of Private First United States in Operation Iraqi Freedom; (1120) honors the memory of Specialist Jo- Class Geoffrey Perez, 24, of Los Angeles, (1102) honors the memory of Gunnery Ser- seph C. Thibodeaux III, 24, of Lafayette, Lou- California, who died on August 15, 2004, in geant Edward T. Reeder, 32, of Camp Verde, isiana, who died on September 1, 2004, in service to the United States in Operation Arizona, who died on August 21, 2004, in serv- service to the United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Iraqi Freedom; (1084) honors the memory of Private First Freedom; (1121) honors the memory of Lance Cor- Class Brandon R. Sapp, 21, of Lake Worth, (1103) honors the memory of Private First poral Nicholas Perez, 19, of Austin, Texas, Florida, who died on August 15, 2004, in serv- Class Nachez Washalanta, 21, of Bryan, Okla- who died on September 3, 2004, in service to ice to the United States in Operation Iraqi homa, who died on August 21, 2004, in service the United States in Operation Iraqi Free- Freedom; to the United States in Operation Iraqi Free- dom; (1085) honors the memory of Sergeant Dan- dom; (1122) honors the memory of Captain Alan iel Michael Shepherd, 23, of Elyria, Ohio, (1104) honors the memory of Corporal Rowe, 35, of Hagerman, Idaho, who died on who died on August 15, 2004, in service to the Christopher Belchik, 30, of Jersey, Illinois, September 3, 2004, in service to the United United States in Operation Iraqi Freedom; who died on August 22, 2004, in service to the States in Operation Iraqi Freedom; (1086) honors the memory of Specialist United States in Operation Iraqi Freedom; (1123) honors the memory of Lance Cor- Mark Anthony Zapata, 27, of Edinburg, (1105) honors the memory of Second Lieu- poral Nicholas Wilt, 23, of Tampa, Florida, Texas, who died on August 15, 2004, in service tenant Matthew R. Stovall, 25, of Horn Lake, who died on September 3, 2004, in service to to the United States in Operation Iraqi Free- Mississippi, who died on August 22, 2004, in the United States in Operation Iraqi Free- dom; service to the United States in Operation dom; (1087) honors the memory of Sergeant Iraqi Freedom; (1124) honors the memory of First Lieuten- David M. Heath, 30, of LaPorte, Indiana, who (1106) honors the memory of Staff Sergeant ant Ronald Winchester, 25, of Rockville Cen- died on August 16, 2004, in service to the Robert C. Thornton, Jr., 35, of Rainbow City, ter, New York, who died on September 3, United States in Operation Iraqi Freedom; Alabama, who died on August 23, 2004, in 2004, in service to the United States in Oper- (1088) honors the memory of Lance Cor- service to the United States in Operation ation Iraqi Freedom; poral Caleb J. Powers, 21, of Manfield, Wash- Iraqi Freedom; (1125) honors the memory of Petty Officer ington, who died on August 17, 2004, in serv- (1107) honors the memory of Staff Sergeant Third Class Eric L. Knott, 21, of Grand Is- ice to the United States in Operation Iraqi Donald N. Davis, 42, of Saginaw, Michigan, land, Nebraska, who died on September 4, Freedom; who died on August 24, 2004, in service to the 2004, in service to the United States in Oper- (1089) honors the memory of Specialist United States in Operation Iraqi Freedom; ation Iraqi Freedom; Brandon T. Titus, 20, of Boise, Idaho, who (1108) honors the memory of Lance Cor- (1126) honors the memory of Specialist died on August 17, 2004, in service to the poral Jacob R. Lugo, 21, of Flower Mound, Charles R. Lamb, 23, of Martinsville/Casey, United States in Operation Iraqi Freedom; Texas, who died on August 24, 2004, in service Illinois, who died on September 5, 2004, in (1090) honors the memory of Lance Cor- to the United States in Operation Iraqi Free- service to the United States in Operation poral Dustin R. Fitzgerald, 22, of Huber dom; Iraqi Freedom; Heights, Ohio, who died on August 18, 2004, in (1109) honors the memory of Lance Cor- (1127) honors the memory of Private First service to the United States in Operation poral Alexander S. Arredondo, 20, of Ran- Class Ryan Michael McCauley, 20, of Iraqi Freedom; dolph, Massachusetts, who died on August 25, Lewisville, Texas, who died on September 5,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13833 2004, in service to the United States in Oper- (1146) honors the memory of Specialist the United States in Operation Iraqi Free- ation Iraqi Freedom; Lauro G. DeLeon, Jr., 20, of Floresville, dom; (1128) honors the memory of Sergeant Texas, who died on September 8, 2004, in (1164) honors the memory of First Lieuten- Shawna M. Morrison, 26, of Paris/Champaign, service to the United States in Operation ant Tyler Hall Brown, 26, of Atlanta, Geor- Illinois, who died on September 5, 2004, in Iraqi Freedom; gia, who died on September 14, 2004, in serv- service to the United States in Operation (1147) honors the memory of Sergeant ice to the United States in Operation Iraqi Iraqi Freedom; James Daniel Faulkner, 23, of Clarksville, Freedom; (1129) honors the memory of Staff Sergeant Indiana, who died on September 8, 2004, in (1165) honors the memory of Sergeant Gary A. Vaillant, 41, of Trujillo, Puerto service to the United States in Operation Jacob H. Demand, 29, of Palouse, Wash- Rico, who died on September 5, 2004, in serv- Iraqi Freedom; ington, who died on September 14, 2004, in ice to the United States in Operation Iraqi (1148) honors the memory of Specialist Mi- service to the United States in Operation Freedom; chael A. Martinez, 29, of Juana Diaz, Puerto Iraqi Freedom; (1130) honors the memory of Lance Cor- Rico, who died on September 8, 2004, in serv- (1166) honors the memory of Major Kevin poral Michael J. Allred, 22, of Hyde Park, ice to the United States in Operation Iraqi M. Shea, 38, of Washington, District of Co- Utah, who died on September 6, 2004, in serv- Freedom; lumbia, who died on September 14, 2004, in ice to the United States in Operation Iraqi (1149) honors the memory of Private First service to the United States in Operation Freedom; Class Jason L. Sparks, 19, of Monroeville, Iraqi Freedom; (1131) honors the memory of Captain John Ohio, who died on September 8, 2004, in serv- (1167) honors the memory of Lance Cor- J. Boria, 29, of Broken Arrow, Oklahoma, ice to the United States in Operation Iraqi poral Gregory C. Howman, 28, of Charlotte, who died on September 6, 2004, in service to Freedom; North Carolina, who died on September 15, the United States in Operation Iraqi Free- (1150) honors the memory of Specialist 2004, in service to the United States in Oper- dom; Edgar P. Daclan, Jr., 24, of Cypress, Cali- ation Iraqi Freedom; (1132) honors the memory of Staff Sergeant fornia, who died on September 10, 2004, in (1168) honors the memory of Lance Cor- Elvis Bourdon, 36, of Youngstown, Ohio, who service to the United States in Operation poral Drew M. Uhles, 20, of Du Quoin, Illi- died on September 6, 2004, in service to the United States in Operation Iraqi Freedom; Iraqi Freedom; nois, who died on September 15, 2004, in serv- (1133) honors the memory of Private First (1151) honors the memory of Petty Officer ice to the United States in Operation Iraqi Class David Paul Burridge, 19, of Lafayette, Third Class David A. Cedergren, 25, of South Freedom; Louisiana, who died on September 6, 2004, in St. Paul, Minnesota, who died on September (1169) honors the memory of Corporal Ste- service to the United States in Operation 11, 2004, in service to the United States in ven A. Rintamaki, 21, of Lynnwood, Wash- Iraqi Freedom; Operation Iraqi Freedom; ington, who died on September 16, 2004, in (1134) honors the memory of Specialist (1152) honors the memory of Private First service to the United States in Operation Tomas Garces, 19, of Weslaco, Texas, who Class Jason T. Poindexter, 20, of San Angelo, Iraqi Freedom; died on September 6, 2004, in service to the Texas, who died on September 12, 2004, in (1170) honors the memory of First Lieuten- United States in Operation Iraqi Freedom; service to the United States in Operation ant Andrew K. Stern, 24, of Germantown, (1135) honors the memory of Lance Cor- Iraqi Freedom; Tennessee, who died on September 16, 2004, in poral Derek L. Gardner, 20, of San Juan (1153) honors the memory of First Lieuten- service to the United States in Operation Capistrano, California, who died on Sep- ant Alexander E. Wetherbee, 27, of Fairfax, Iraqi Freedom; tember 6, 2004, in service to the United Virginia, who died on September 12, 2004, in (1171) honors the memory of Corporal States in Operation Iraqi Freedom; service to the United States in Operation Christopher S. Ebert, 21, of Mooresboro, (1136) honors the memory of Private First Iraqi Freedom; North Carolina, who died on September 17, Class Devin J. Grella, 21, of Medina, Ohio, (1154) honors the memory of Lance Cor- 2004, in service to the United States in Oper- who died on September 6, 2004, in service to poral Dominic C. Brown, 19, of Austin, Texas, ation Iraqi Freedom; the United States in Operation Iraqi Free- who died on September 13, 2004, in service to (1172) honors the memory of Private First dom; the United States in Operation Iraqi Free- Class James W. Price, 22, of Cleveland, Ten- (1137) honors the memory of Lance Cor- dom; nessee, who died on September 18, 2004, in poral Quinn A. Keith, 21, of Page, Arizona, (1155) honors the memory of Staff Sergeant service to the United States in Operation who died on September 6, 2004, in service to Guy Stanley Hagy, Jr., 31, of Lodi, Cali- Iraqi Freedom; the United States in Operation Iraqi Free- fornia, who died on September 13, 2004, in (1173) honors the memory of Sergeant dom; service to the United States in Operation Thomas Chad Rosenbaum, 25, of Hope, Ar- (1138) honors the memory of Lance Cor- Iraqi Freedom; kansas, who died on September 18, 2004, in poral Joseph C. McCarthy, 21, of Concho, (1156) honors the memory of Lance Cor- service to the United States in Operation California, who died on September 6, 2004, in poral Michael J. Halal, 22, of Glendale, Ari- Iraqi Freedom; service to the United States in Operation zona, who died on September 13, 2004, in serv- (1174) honors the memory of Sergeant Iraqi Freedom; ice to the United States in Operation Iraqi Brandon E. Adams, 22, of Hollidaysburg, (1139) honors the memory of Corporal Mick Freedom; Pennsylvania, who died on September 19, R. Nygardbekowsky, 21, of Concord, Cali- (1157) honors the memory of Specialist 2004, in service to the United States in Oper- fornia, who died on September 6, 2004, in Benjamin W. Isenberg, 27, of Sheridan, Or- ation Iraqi Freedom; service to the United States in Operation egon, who died on September 13, 2004, in serv- (1175) honors the memory of Lance Cor- Iraqi Freedom; ice to the United States in Operation Iraqi poral Steven C.T. Cates, 22, of Mount Juliet, (1140) honors the memory of Specialist Freedom; Tennessee, who died on September 20, 2004, in Brandon Michael Read, 21, of Greeneville, (1158) honors the memory of Lance Cor- service to the United States in Operation Tennessee, who died on September 6, 2004, in poral Cesar F. Machado-Olmos, 20, of Spanish Iraqi Freedom; service to the United States in Operation Fork, Utah, who died on September 13, 2004, (1176) honors the memory of Staff Sergeant Iraqi Freedom; in service to the United States in Operation Robert S. Goodwin, 35, of Albany, Georgia, (1141) honors the memory of Lance Cor- Iraqi Freedom; who died on September 20, 2004, in service to poral Lamont N. Wilson, 20, of Lawton, Okla- (1159) honors the memory of Corporal the United States in Operation Enduring homa, who died on September 6, 2004, in serv- Jaygee Ngirmidol Meluat, 24, of Tamuning, Freedom; ice to the United States in Operation Iraqi Guam, who died on September 13, 2004, in (1177) honors the memory of Sergeant Fos- Freedom; service to the United States in Operation ter L. Harrington, 31, of Fort Worth, Texas, (1142) honors the memory of Specialist Iraqi Freedom; who died on September 20, 2004, in service to Clarence Adams III, 28, of Richmond, Vir- (1160) honors the memory of Lance Cor- the United States in Operation Iraqi Free- ginia, who died on September 7, 2004, in serv- poral Mathew D. Puckett, 19, of Mason, dom; ice to the United States in Operation Iraqi Texas, who died on September 13, 2004, in (1178) honors the memory of Specialist Freedom; service to the United States in Operation Joshua J. Henry, 21, of Avonmore, Pennsyl- (1143) honors the memory of Specialist Yoe Iraqi Freedom; vania, who died on September 20, 2004, in M. Aneiros, 20, of Newark, New Jersey, who (1161) honors the memory of Corporal Adri- service to the United States in Operation died on September 7, 2004, in service to the an V. Soltau, 21, of Milwaukee, Wisconsin, Iraqi Freedom; United States in Operation Iraqi Freedom; who died on September 13, 2004, in service to (1179) honors the memory of Staff Sergeant (1144) honors the memory of Specialist the United States in Operation Iraqi Free- Tony B. Olaes, 30, of Walhalla, South Caro- Chad H. Drake, 23, of Garland, Texas, who dom; lina, who died on September 20, 2004, in serv- died on September 7, 2004, in service to the (1162) honors the memory of Sergeant Carl ice to the United States in Operation Endur- United States in Operation Iraqi Freedom; Thomas, 29, of Phoenix, Arizona, who died on ing Freedom; (1145) honors the memory of First Lieuten- September 13, 2004, in service to the United (1180) honors the memory of Specialist ant Timothy E. Price, 25, of Midlothian, Vir- States in Operation Iraqi Freedom; Wesley R. Wells, 21, of Libertyville, Illinois, ginia, who died on September 7, 2004, in serv- (1163) honors the memory of Staff Sergeant who died on September 20, 2004, in service to ice to the United States in Operation Iraqi David J. Weisenburg, 26, of Portland, Oregon, the United States in Operation Enduring Freedom; who died on September 13, 2004, in service to Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 S13834 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1181) honors the memory of Private First (1199) honors the memory of Staff Sergeant who died on October 10, 2004, in service to the Class Nathan E. Stahl, 20, of Highland, Indi- Alan L. Rogers, 49, of Kearns, Utah, who died United States in Operation Iraqi Freedom; ana, who died on September 21, 2004, in serv- on September 29, 2004, in service to the (1218) honors the memory of Staff Sergeant ice to the United States in Operation Iraqi United States in Operation Enduring Free- Michael Lee Burbank, 34, of Bremerton, Freedom; dom; Washington, who died on October 11, 2004, in (1182) honors the memory of Private First (1200) honors the memory of Private First service to the United States in Operation Class Adam J. Harris, 21, of Abilene, Texas, Class Joshua K. Titcomb, 20, of Somerset, Iraqi Freedom; who died on September 22, 2004, in service to Kentucky, who died on September 29, 2004, in (1219) honors the memory of Private First the United States in Operation Iraqi Free- service to the United States in Operation Class Anthony W. Monroe, 20, of Bismarck, dom; Iraqi Freedom; North Dakota, who died on October 11, 2004, (1183) honors the memory of Staff Sergeant (1201) honors the memory of Staff Sergeant in service to the United States in Operation Lance J. Koenig, 33, of Fargo, North Dakota, Darren J. Cunningham, 40, of Groton, Massa- Iraqi Freedom; who died on September 22, 2004, in service to chusetts, who died on September 30, 2004, in (1220) honors the memory of Sergeant Pam- the United States in Operation Iraqi Free- service to the United States in Operation ela G. Osbourne, 38, of Hollywood, Florida, dom; Iraqi Freedom; who died on October 11, 2004, in service to the (1184) honors the memory of Sergeant Ben- (1202) honors the memory of Specialist United States in Operation Iraqi Freedom; jamin K. Smith, 24, of Carterville, Illinois, Rodney A. Jones, 21, of Philadelphia, Penn- (1221) honors the memory of Private First who died on September 22, 2004, in service to sylvania, who died on September 30, 2004, in Class Aaron J. Rusin, 19, of Johnstown, Pennsylvania, who died on October 11, 2004, the United States in Operation Iraqi Free- service to the United States in Operation in service to the United States in Operation dom; Iraqi Freedom; Iraqi Freedom; (1185) honors the memory of Sergeant (1203) honors the memory of Specialist (1222) honors the memory of Private First Skipper Soram, 23, of Kolonia Pohnpei, Fed. Allen Nolan, 38, of Marietta, Ohio, who died Class Oscar A. Martinez, 19, of North Lauder- Sts. of Micronesia, who died on September on September 30, 2004, in service to the dale, Florida, who died on October 12, 2004, in 22, 2004, in service to the United States in United States in Operation Iraqi Freedom; service to the United States in Operation Operation Iraqi Freedom; (1204) honors the memory of Sergeant Jack Iraqi Freedom; (1186) honors the memory of Lance Cor- Taft Hennessy, 21, of Naperville, Illinois, who (1223) honors the memory of Specialist poral Aaron Boyles, 24, of Alameda, Cali- died on October 1, 2004, in service to the Christopher A. Merville, 26, of Albuquerque, fornia, who died on September 24, 2004, in United States in Operation Iraqi Freedom; New Mexico, who died on October 12, 2004, in service to the United States in Operation (1205) honors the memory of Sergeant Mi- service to the United States in Operation Iraqi Freedom; chael A. Uvanni, 27, of Rome, New York, who Iraqi Freedom; (1187) honors the memory of Sergeant Tim- died on October 1, 2004, in service to the (1224) honors the memory of Captain Den- othy Folmar, 21, of Sonora, Texas, who died United States in Operation Iraqi Freedom; nis L. Pintor, 30, of Lima, Ohio, who died on on September 24, 2004, in service to the (1206) honors the memory of Sergeant Rus- October 12, 2004, in service to the United United States in Operation Iraqi Freedom; sell L. Collier, 48, of Harrison, Arkansas, who States in Operation Iraqi Freedom; (1188) honors the memory of Second Lieu- died on October 3, 2004, in service to the (1225) honors the memory of Specialist Mi- tenant Ryan Leduc, 28, of Pana, Illinois, who United States in Operation Iraqi Freedom; chael S. Weger, 30, of Houston, Texas, who died on September 24, 2004, in service to the (1207) honors the memory of Staff Sergeant died on October 12, 2004, in service to the United States in Operation Iraqi Freedom; James L. Pettaway, Jr., 37, of Baltimore, United States in Operation Iraqi Freedom; (1189) honors the memory of Lance Cor- Maryland, who died on October 3, 2004, in (1226) honors the memory of Lance Cor- poral Ramon Mateo, 20, of Suffolk, New service to the United States in Operation poral Daniel R. Wyatt, 22, of Calendonia, York, who died on September 24, 2004, in Iraqi Freedom; Wisconsin, who died on October 12, 2004, in service to the United States in Operation (1208) honors the memory of Sergeant service to the United States in Operation Iraqi Freedom; Christopher S. Potts, 38, of Tiverton, Rhode Iraqi Freedom; (1190) honors the memory of Specialist Island, who died on October 3, 2004, in service (1227) honors the memory of Corporal Ian David W. Johnson, 37, of Portland, Oregon, to the United States in Operation Iraqi Free- T. Zook, 24, of Port St. Lucie, Florida, who who died on September 25, 2004, in service to dom; died on October 12, 2004, in service to the the United States in Operation Iraqi Free- (1209) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; dom; Richard L. Morgan, Jr., 38, of Maynard/St. (1228) honors the memory of Specialist (1191) honors the memory of Specialist Clairsville, Ohio, who died on October 5, 2004, Ronald W. Baker, 34, of Cabot, Arkansas, Clifford L. Moxley, Jr., 51, of New Castle, in service to the United States in Operation who died on October 13, 2004, in service to the Pennsylvania, who died on September 25, Iraqi Freedom; United States in Operation Iraqi Freedom; 2004, in service to the United States in Oper- (1210) honors the memory of Specialist Jes- (1229) honors the memory of Second Lieu- ation Iraqi Freedom; sica L. Cawvey, 21, of Normal, Illinois, who tenant Paul M. Felsberg, 27, of West Palm (1192) honors the memory of Specialist died on October 6, 2004, in service to the Beach, Florida, who died on October 13, 2004, Robert Oliver Unruh, 25, of Tucson, Arizona, United States in Operation Iraqi Freedom; in service to the United States in Operation who died on September 25, 2004, in service to (1211) honors the memory of Private Iraqi Freedom; the United States in Operation Iraqi Free- Jeungjin Na ‘‘Nikky’’ Kim, 23, of Honolulu, (1230) honors the memory of Lance Cor- dom; Hawaii, who died on October 6, 2004, in serv- poral Victor A. Gonzalez, 19, of Watsonville, (1193) honors the memory of Captain Eric ice to the United States in Operation Iraqi California, who died on October 13, 2004, in L. Allton, 34, of Houston, Texas, who died on Freedom; service to the United States in Operation September 26, 2004, in service to the United (1212) honors the memory of Specialist Iraqi Freedom; States in Operation Iraqi Freedom; Morgen N. Jacobs, 20, of Santa Cruz, Cali- (1231) honors the memory of Specialist (1194) honors the memory of Specialist fornia, who died on October 7, 2004, in service Jaime Moreno, 28, of Round Lake Beach, Illi- Gregory A. Cox, 21, of Carmichaels, Pennsyl- to the United States in Operation Iraqi Free- nois, who died on October 13, 2004, in service vania, who died on September 27, 2004, in dom; to the United States in Operation Iraqi Free- service to the United States in Operation (1213) honors the memory of Sergeant An- dom; Iraqi Freedom; drew W. Brown, 22, of Pleasant Mount, Penn- (1232) honors the memory of Lieutenant (1195) honors the memory of Private First sylvania, who died on October 8, 2004, in serv- Colonel Mark P. Phelan, 44, of Green Lane, Class Kenneth L. Sickels, 20, of Apple Valley, ice to the United States in Operation Iraqi Pennsylvania, who died on October 13, 2004, California, who died on September 27, 2004, in Freedom; in service to the United States in Operation service to the United States in Operation (1214) honors the memory of Staff Sergeant Iraqi Freedom; Iraqi Freedom; Michael S. Voss, 35, of Aberdeen, North Caro- (1233) honors the memory of Specialist Jer- (1196) honors the memory of Sergeant First lina, who died on October 8, 2004, in service emy F. Regnier, 22, of Littleton, New Hamp- Class Joselito O. Villanueva, 36, of Los Ange- to the United States in Operation Iraqi Free- shire, who died on October 13, 2004, in service les, California, who died on September 27, dom; to the United States in Operation Iraqi Free- 2004, in service to the United States in Oper- (1215) honors the memory of Private First dom; ation Iraqi Freedom; Class Andrew Halverson, 19, of Grant, Wis- (1234) honors the memory of Major Charles (1197) honors the memory of Sergeant consin, who died on October 9, 2004, in serv- R. Soltes, Jr., 36, of Irvine, California, who Tyler D. Prewitt, 22, of Phoenix, Arizona, ice to the United States in Operation Iraqi died on October 13, 2004, in service to the who died on September 28, 2004, in service to Freedom; United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (1216) honors the memory of Private First (1235) honors the memory of Private First dom; Class James E. Prevete, 22, of Whitestone, Class Mark A. Barbret, 22, of Shelby Town- (1198) honors the memory of Staff Sergeant New York, who died on October 10, 2004, in ship, Michigan, who died on October 14, 2004, Mike A. Dennie, 31, of Fayetteville, North service to the United States in Operation in service to the United States in Operation Carolina, who died on September 29, 2004, in Iraqi Freedom; Iraqi Freedom; service to the United States in Operation (1217) honors the memory of Private Car- (1236) honors the memory of Specialist Iraqi Freedom; son J. Ramsey, 22, of Winkelman, Arizona, Bradley S. Beard, 22, of Chapel Hill, North

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.181 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13835 Carolina, who died on October 14, 2004, in (1255) honors the memory of Lance Cor- the United States in Operation Iraqi Free- service to the United States in Operation poral Richard Patrick Slocum, 19, of Saugus, dom; Iraqi Freedom; California, who died on October 24, 2004, in (1274) honors the memory of Corporal Jere- (1237) honors the memory of Specialist service to the United States in Operation miah A. Baro, 21, of Fresno, California, who Kyle Ka Eo Fernandez, 26, of Waipahu, Ha- Iraqi Freedom; died on November 4, 2004, in service to the waii, who died on October 14, 2004, in service (1256) honors the memory of Corporal Brian United States in Operation Iraqi Freedom; to the United States in Operation Enduring Oliveira, 22, of Raynham, Massachusetts, (1275) honors the memory of Lance Cor- Freedom; who died on October 25, 2004, in service to the poral Jared P. Hubbard, 22, of Clovis, Cali- (1238) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; fornia, who died on November 4, 2004, in serv- Omer T. Hawkins II, 31, of Cherry Fork, (1257) honors the memory of Corporal Billy ice to the United States in Operation Iraqi Ohio, who died on October 14, 2004, in service Gomez, 25, of Perris, California, who died on Freedom; to the United States in Operation Iraqi Free- October 27, 2004, in service to the United (1276) honors the memory of Specialist dom; States in Operation Enduring Freedom; Cody L. Wentz, 21, of Williston, North Da- (1239) honors the memory of Staff Sergeant (1258) honors the memory of Staff Sergeant kota, who died on November 4, 2004, in serv- Brian S. Hobbs, 28, of Mesa, Arizona, who Jerome Lemon, 42, of North Charleston, ice to the United States in Operation Iraqi died on October 14, 2004, in service to the South Carolina, who died on October 27, 2004, Freedom; United States in Operation Enduring Free- in service to the United States in Operation (1277) honors the memory of Sergeant Car- dom; Iraqi Freedom; los M. Camacho-Rivera, 24, of Carolina, Puer- (1259) honors the memory of Specialist to Rico, who died on November 5, 2004, in (1240) honors the memory of Specialist Jo- Segun Frederick Akintade, 34, of Brooklyn, service to the United States in Operation siah H. Vandertulip, 21, of Irving, Texas, who New York, who died on October 28, 2004, in Iraqi Freedom; died on October 14, 2004, in service to the service to the United States in Operation (1278) honors the memory of Private Justin United States in Operation Iraqi Freedom; Iraqi Freedom; R. Yoemans, 20, of Eufaula, Alabama, who (1241) honors the memory of Private David (1260) honors the memory of Sergeant First died on November 6, 2004, in service to the L. Waters, 19, of Auburn, California, who Class Michael Battles, Sr., 38, of San Anto- United States in Operation Iraqi Freedom; died on October 14, 2004, in service to the nio, Texas, who died on October 28, 2004, in (1279) honors the memory of Specialist United States in Operation Iraqi Freedom; service to the United States in Operation Brian K. Baker, 27, of West Seneca, New (1242) honors the memory of Specialist Iraqi Freedom; York, who died on November 7, 2004, in serv- Alan J. Burgess, 24, of Landaff, New Hamp- (1261) honors the memory of Private First ice to the United States in Operation Iraqi shire, who died on October 15, 2004, in service Class Stephen P. Downing II, 30, of Freedom; to the United States in Operation Iraqi Free- Burkesville, Kentucky, who died on October (1280) honors the memory of Lance Cor- dom; 28, 2004, in service to the United States in poral Sean M. Langley, 20, of Lexington, (1243) honors the memory of Sergeant Mi- Operation Iraqi Freedom; Kentucky, who died on November 7, 2004, in chael G. Owen, 31, of Phoenix, Arizona, who (1262) honors the memory of Sergeant Mau- service to the United States in Operation died on October 15, 2004, in service to the rice Keith Fortune, 25, of Forestville, Mary- Iraqi Freedom; United States in Operation Iraqi Freedom; land, who died on October 29, 2004, in service (1281) honors the memory of Sergeant First (1244) honors the memory of Corporal Wil- to the United States in Operation Iraqi Free- Class Otie Joseph McVey, 53, of Oak Hill, liam I. Salazar, 26, of Las Vegas, Nevada, dom; West Virginia, who died on November 7, 2004, who died on October 15, 2004, in service to the (1263) honors the memory of Lance Cor- in service to the United States in Operation United States in Operation Iraqi Freedom; poral Jeremy D. Bow, 20, of Lemoore, Cali- Iraqi Freedom; (1245) honors the memory of Specialist fornia, who died on October 30, 2004, in serv- (1282) honors the memory of Specialist Jonathan J. Santos, 22, of Bellingham, Wash- ice to the United States in Operation Iraqi Quoc Binh Tran, 26, of Mission Viejo, Cali- ington, who died on October 15, 2004, in serv- Freedom; fornia, who died on November 7, 2004, in service to the United States in Operation Iraqi (1264) honors the memory of Lance Cor- ice to the United States in Operation Iraqi Freedom; poral John T. Byrd II, 23, of Fairview, West Freedom; (1246) honors the memory of Lance Cor- Virginia, who died on October 30, 2004, in (1283) honors the memory of Specialist Don poral Brian K. Schramm, 22, of Rochester, service to the United States in Operation Allen Clary, 21, of Troy, Kansas, who died on New York, who died on October 15, 2004, in Iraqi Freedom; November 8, 2004, in service to the United service to the United States in Operation (1265) honors the memory of Sergeant States in Operation Iraqi Freedom; Iraqi Freedom; Kelley L. Courtney, 28, of Macon, Georgia, (1284) honors the memory of Specialist (1247) honors the memory of Chief Warrant who died on October 30, 2004, in service to the Bryan L. Freeman, 31, of Lumberton, New Officer William I. Brennan, 36, of Bethlehem, United States in Operation Iraqi Freedom; Jersey, who died on November 8, 2004, in Connecticut, who died on October 16, 2004, in (1266) honors the memory of Lance Cor- service to the United States in Operation service to the United States in Operation poral Travis A. Fox, 25, of Cowpens, South Iraqi Freedom; Iraqi Freedom; Carolina, who died on October 30, 2004, in (1285) honors the memory of Corporal Na- (1248) honors the memory of Captain Chris- service to the United States in Operation thaniel T. Hammond, 24, of Tulsa, Oklahoma, topher B. Johnson, 29, of Excelsior Springs, Iraqi Freedom; who died on November 8, 2004, in service to Missouri, who died on October 16, 2004, in (1267) honors the memory of Corporal the United States in Operation Iraqi Free- service to the United States in Operation Christopher J. Lapka, 22, of Peoria, Arizona, dom; Iraqi Freedom; who died on October 30, 2004, in service to the (1286) honors the memory of Lance Cor- (1249) honors the memory of Specialist An- United States in Operation Iraqi Freedom; poral Jeffrey Lam, 22, of Queens, New York, drew C. Ehrlich, 21, of Mesa, Arizona, who (1268) honors the memory of Private First who died on November 8, 2004, in service to died on October 18, 2004, in service to the Class John Lukac, 19, of Las Vegas, Nevada, the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; who died on October 30, 2004, in service to the dom; (1250) honors the memory of Corporal Wil- United States in Operation Iraqi Freedom; (1287) honors the memory of Lance Cor- liam M. Amundson, Jr., 21, of The Wood- (1269) honors the memory of Private First poral Shane K. O’Donnell, 24, of DeForest, lands, Texas, who died on October 19, 2004, in Class Andrew G. Riedel, 19, of Northglenn, Wisconsin, who died on November 8, 2004, in service to the United States in Operation En- Colorado, who died on October 30, 2004, in service to the United States in Operation during Freedom; service to the United States in Operation Iraqi Freedom; (1251) honors the memory of Sergeant Iraqi Freedom; (1288) honors the memory of Corporal Josh- Douglas E. Bascom, 25, of Colorado Springs, (1270) honors the memory of Lance Cor- ua D. Palmer, 24, of Blandinsville, Illinois, Colorado, who died on October 20, 2004, in poral Michael P. Scarborough, 28, of Wash- who died on November 8, 2004, in service to service to the United States in Operation ington, Georgia, who died on October 30, 2004, the United States in Operation Iraqi Free- Iraqi Freedom; in service to the United States in Operation dom; (1252) honors the memory of Airman First Iraqi Freedom; (1289) honors the memory of Lance Cor- Class Jesse M. Samek, 21, of Rogers, Arkan- (1271) honors the memory of First Lieuten- poral Branden P. Ramey, 22, of Boone, Illi- sas, who died on October 21, 2004, in service ant Matthew D. Lynch, 25, of Jericho, New nois, who died on November 8, 2004, in service to the United States in Operation Enduring York, who died on October 31, 2004, in service to the United States in Operation Iraqi Free- Freedom; to the United States in Operation Iraqi Free- dom; (1253) honors the memory of Lance Cor- dom; (1290) honors the memory of Staff Sergeant poral Jonathan E. Gadsden, 21, of Charleston, (1272) honors the memory of Specialist David G. Ries, 29, of Clark, Washington, who South Carolina, who died on October 22, 2004, James C. Kearney III, 22, of Emerson, Iowa, died on November 8, 2004, in service to the in service to the United States in Operation who died on November 1, 2004, in service to United States in Operation Iraqi Freedom; Iraqi Freedom; the United States in Operation Enduring (1291) honors the memory of Corporal Rob- (1254) honors the memory of Sergeant Den- Freedom; ert P. Warns II, 23, of Waukesha, Wisconsin, nis J. Boles, 46, of Homosassa, Florida, who (1273) honors the memory of Sergeant who died on November 8, 2004, in service to died on October 24, 2004, in service to the Charles Joseph Webb, 22, of Hamilton, Ohio, the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; who died on November 3, 2004, in service to dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.182 S16DEPT1 S13836 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1292) honors the memory of Staff Sergeant (1310) honors the memory of Corporal service to the United States in Operation Clinton Lee Wisdom, 39, of Atchison, Kansas, Romulo J. Jimenez II, 21, of Miami, Florida, Iraqi Freedom; who died on November 8, 2004, in service to who died on November 10, 2004, in service to (1328) honors the memory of First Lieuten- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- ant Edward D. Iwan, 28, of Albion, Nebraska, dom; dom; who died on November 12, 2004, in service to (1293) honors the memory of Lance Cor- (1311) honors the memory of First Lieuten- the United States in Operation Iraqi Free- poral Thomas J. Zapp, 20, of Houston, Texas, ant Dan T. Malcom, Jr., 25, of Brinson, Geor- dom; who died on November 8, 2004, in service to gia, who died on November 10, 2004, in service (1329) honors the memory of Corporal the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Jarrod L. Maher, 21, of Imogene, Iowa, who dom; dom; died on November 12, 2004, in service to the (1294) honors the memory of Master Ser- (1312) honors the memory of Private First United States in Operation Iraqi Freedom; geant Steven E. Auchman, 37, of Waterloo, Class Dennis J. Miller, Jr., 21, of La Salle, (1330) honors the memory of Sergeant New York, who died on November 9, 2004, in Michigan, who died on November 10, 2004, in James C. ‘‘J.C.’’ Matteson, 23, of Jamestown/ service to the United States in Operation service to the United States in Operation Celoron, New York, who died on November Iraqi Freedom; Iraqi Freedom; 12, 2004, in service to the United States in (1295) honors the memory of Specialist (1313) honors the memory of Staff Sergeant Operation Iraqi Freedom; Travis A. Babbitt, 24, of Uvalde, Texas, who Michael C. Ottolini, 45, of Sebastopol, Cali- (1331) honors the memory of Lance Cor- died on November 9, 2004, in service to the fornia, who died on November 10, 2004, in poral Brian A. Medina, 20, of Woodbridge, United States in Operation Iraqi Freedom; Virginia, who died on November 12, 2004, in service to the United States in Operation (1296) honors the memory of Sergeant service to the United States in Operation Iraqi Freedom; David M. Caruso, 25, of Naperville, Illinois, Iraqi Freedom; (1314) honors the memory of Lance Cor- who died on November 9, 2004, in service to (1332) honors the memory of Corporal Brian poral Aaron C. Pickering, 20, of Marion, Illi- the United States in Operation Iraqi Free- P. Prening, 24, of Sheboygan, Wisconsin, who nois, who died on November 10, 2004, in serv- dom; died on November 12, 2004, in service to the ice to the United States in Operation Iraqi (1297) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; Freedom; Todd R. Cornell, 38, of West Bend, Wisconsin, (1333) honors the memory of Sergeant Jon- who died on November 9, 2004, in service to (1315) honors the memory of Staff Sergeant athan B. Shields, 25, of Atlanta, Georgia, the United States in Operation Iraqi Free- Gene Ramirez, 28, of San Antonio, Texas, who died on November 12, 2004, in service to dom; who died on November 10, 2004, in service to the United States in Operation Iraqi Free- (1298) honors the memory of Command Ser- the United States in Operation Iraqi Free- dom; geant Major Steven W. Faulkenburg, 45, of dom; (1334) honors the memory of Sergeant Mor- Huntingburg, Indiana, who died on November (1316) honors the memory of Petty Officer gan W. Strader, 23, of Croosville, Indiana, 9, 2004, in service to the United States in Op- Third Class Julian Woods, 22, of Jackson- who died on November 12, 2004, in service to eration Iraqi Freedom; ville, Florida, who died on November 10, 2004, the United States in Operation Iraqi Free- (1299) honors the memory of Corporal Wil- in service to the United States in Operation dom; liam C. James, 24, of Huntington Beach, Cali- Iraqi Freedom; (1335) honors the memory of Specialist fornia, who died on November 9, 2004, in serv- (1317) honors the memory of Second Lieu- Raymond L. White, 22, of Elwood, Indiana, ice to the United States in Operation Iraqi tenant James P. ‘‘JP’’ Blecksmith, 24, of San who died on November 12, 2004, in service to Freedom; Marino, California, who died on November 11, the United States in Operation Iraqi Free- (1300) honors the memory of Lance Cor- 2004, in service to the United States in Oper- dom; poral Nicholas D. Larson, 19, of Wheaton, Il- ation Iraqi Freedom; (1336) honors the memory of Lance Cor- linois, who died on November 9, 2004, in serv- (1318) honors the memory of Corporal poral Benjamin S. Bryan, 23, of Lumberton, ice to the United States in Operation Iraqi Theodore A. Bowling, 25, of Casselberry, North Carolina, who died on November 13, Freedom; Florida, who died on November 11, 2004, in 2004, in service to the United States in Oper- (1301) honors the memory of Major Horst service to the United States in Operation ation Iraqi Freedom; Gerhard ‘‘Gary’’ Moore, 38, of Los Fresnos/ Iraqi Freedom; (1337) honors the memory of Corporal San Antonio, Texas, who died on November (1319) honors the memory of Lance Cor- Kevin J. Dempsey, 23, of Monroe, Con- 9, 2004, in service to the United States in Op- poral Kyle W. Burns, 20, of Laramie, Wyo- necticut, who died on November 13, 2004, in eration Iraqi Freedom; ming, who died on November 11, 2004, in serv- service to the United States in Operation (1302) honors the memory of Lance Cor- ice to the United States in Operation Iraqi Iraqi Freedom; poral Juan E. Segura, 26, of Homestead, Flor- Freedom; (1338) honors the memory of Sergeant ida, who died on November 9, 2004, in service (1320) honors the memory of Specialist Catalin D. Dima, 36, of White Lake, New to the United States in Operation Iraqi Free- Thomas K. Doerflinger, 20, of Silver Spring, York, who died on November 13, 2004, in serv- dom; Maryland, who died on November 11, 2004, in ice to the United States in Operation Iraqi (1303) honors the memory of Lance Cor- service to the United States in Operation Freedom; poral Abraham Simpson, 19, of Chino, Cali- Iraqi Freedom; (1339) honors the memory of Lance Cor- fornia, who died on November 9, 2004, in serv- (1321) honors the memory of Corporal Peter poral Justin M. Ellsworth, 20, of Mount ice to the United States in Operation Iraqi J. Giannopoulos, 22, of Inverness, Illinois, Pleasant, Michigan, who died on November Freedom; who died on November 11, 2004, in service to 13, 2004, in service to the United States in (1304) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- Operation Iraqi Freedom; Russell L. Slay, 28, of Humble, Texas, who dom; (1340) honors the memory of Private First died on November 9, 2004, in service to the (1322) honors the memory of Staff Sergeant Class Cole W. Larsen, 19, of Canyon Country, United States in Operation Iraqi Freedom; Theodore S. ‘‘Sam’’ Holder II, 27, of Little- California, who died on November 13, 2004, in (1305) honors the memory of Sergeant John ton, Colorado, who died on November 11, service to the United States in Operation Byron Trotter, 25, of Marble Falls, Texas, 2004, in service to the United States in Oper- Iraqi Freedom; who died on November 9, 2004, in service to ation Iraqi Freedom; (1341) honors the memory of Lance Cor- the United States in Operation Iraqi Free- (1323) honors the memory of Staff Sergeant poral Victor R. Lu, 22, of Los Angeles, Cali- dom; Sean P. Huey, 28, of Fredericktown, Pennsyl- fornia, who died on November 13, 2004, in (1306) honors the memory of Sergeant vania, who died on November 11, 2004, in service to the United States in Operation Lonny D. Wells, 29, of Vandergrift, Pennsyl- service to the United States in Operation Iraqi Freedom; vania, who died on November 9, 2004, in serv- Iraqi Freedom; (1342) honors the memory of Lance Cor- ice to the United States in Operation Iraqi (1324) honors the memory of Lance Cor- poral Justin D. McLeese, 19, of Covington, Freedom; poral Justin D. Reppuhn, 20, of Hemlock, Louisiana, who died on November 13, 2004, in (1307) honors the memory of Lance Cor- Michigan, who died on November 11, 2004, in service to the United States in Operation poral Nathan R. Wood, 19, of Kirkland, Wash- service to the United States in Operation Iraqi Freedom; ington, who died on November 9, 2004, in Iraqi Freedom; (1343) honors the memory of Sergeant service to the United States in Operation (1325) honors the memory of Lance Cor- Byron W. Norwood, 25, of Pflugerville, Texas, Iraqi Freedom; poral Nicholas H. Anderson, 19, of Las Vegas, who died on November 13, 2004, in service to (1308) honors the memory of Lance Cor- Nevada, who died on November 12, 2004, in the United States in Operation Iraqi Free- poral Wesley J. Canning, 21, of Friendswood, service to the United States in Operation dom; Texas, who died on November 10, 2004, in Iraqi Freedom; (1344) honors the memory of Captain Sean service to the United States in Operation (1326) honors the memory of Corporal Na- P. Sims, 32, of El Paso, Texas, who died on Iraqi Freedom; than R. Anderson, 22, of Howard, Ohio, who November 13, 2004, in service to the United (1309) honors the memory of Lance Cor- died on November 12, 2004, in service to the States in Operation Iraqi Freedom; poral Erick J. Hodges, 21, of Bay Point, Cali- United States in Operation Iraqi Freedom; (1345) honors the memory of Specialist fornia, who died on November 10, 2004, in (1327) honors the memory of Lance Cor- Jose A. Velez, 23, of Lubbock, Texas, who service to the United States in Operation poral David M. Branning, 21, of Cockeysville, died on November 13, 2004, in service to the Iraqi Freedom; Maryland, who died on November 12, 2004, in United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.182 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13837 (1346) honors the memory of Corporal Dale 2004, in service to the United States in Oper- who died on November 22, 2004, in service to A. Burger, Jr., 21, of Port Deposit, Maryland, ation Iraqi Freedom; the United States in Operation Iraqi Free- who died on November 14, 2004, in service to (1364) honors the memory of Sergeant dom; the United States in Operation Iraqi Free- Christopher T. Heflin, 26, of Paducah, Ken- (1382) honors the memory of Specialist dom; tucky, who died on November 16, 2004, in Blain M. Ebert, 22, of Washtucna, Wash- (1347) honors the memory of Lance Cor- service to the United States in Operation ington, who died on November 22, 2004, in poral George J. Payton, 20, of Culver City, Iraqi Freedom; service to the United States in Operation California, who died on November 14, 2004, in (1365) honors the memory of Specialist Iraqi Freedom; service to the United States in Operation Daniel James McConnell, 27, of Duluth, Min- (1383) honors the memory of Sergeant Ben- Iraqi Freedom; nesota, who died on November 16, 2004, in jamin C. Edinger, 24, of Green Bay, Wis- (1348) honors the memory of Corporal An- service to the United States in Operation consin, who died on November 23, 2004, in dres H. Perez, 21, of Santa Cruz, California, Iraqi Freedom; who died on November 14, 2004, in service to (1366) honors the memory of Lance Cor- service to the United States in Operation the United States in Operation Iraqi Free- poral Louis W. Qualls, 20, of Temple, Texas, Iraqi Freedom; dom; who died on November 16, 2004, in service to (1384) honors the memory of Specialist Ser- (1349) honors the memory of Corporal Nich- the United States in Operation Iraqi Free- gio R. Diaz Varela, 21, of Lomita, California, olas L. Ziolkowski, 22, of Towson, Maryland, dom; who died on November 24, 2004, in service to who died on November 14, 2004, in service to (1367) honors the memory of First Lieuten- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- ant Luke C. Wullenwaber, 24, of Lewiston, dom; dom; Idaho, who died on November 16, 2004, in (1385) honors the memory of Corporal (1350) honors the memory of Lance Cor- service to the United States in Operation Jacob R. Fleischer, 25, of St. Louis, Missouri, poral Jeramy A. Ailes, 22, of Gilroy, Cali- Iraqi Freedom; who died on November 24, 2004, in service to fornia, who died on November 15, 2004, in (1368) honors the memory of Lance Cor- the United States in Operation Enduring service to the United States in Operation poral Michael Wayne Hanks, 22, of Gregory, Freedom; Iraqi Freedom; Michigan, who died on November 17, 2004, in (1386) honors the memory of Corporal Dale (1351) honors the memory of Lance Cor- service to the United States in Operation E. Fracker, Jr., 23, of Apple Valley, Cali- poral Travis R. Desiato, 19, of Bedford, Mas- Iraqi Freedom; fornia, who died on November 24, 2004, in sachusetts, who died on November 15, 2004, in (1369) honors the memory of Lance Cor- service to the United States in Operation En- service to the United States in Operation poral Luis A. Figueroa, 21, of Los Angeles, during Freedom; Iraqi Freedom; California, who died on November 18, 2004, in (1387) honors the memory of Sergeant (1352) honors the memory of Private First service to the United States in Operation Nicholas S. Nolte, 25, of Falls City, Ne- Class Isaiah R. Hunt, 20, of Suamico (Green Iraqi Freedom; braska, who died on November 24, 2004, in Bay), Wisconsin, who died on November 15, (1370) honors the memory of Sergeant Jo- service to the United States in Operation 2004, in service to the United States in Oper- seph M. Nolan, 27, of Philadelphia, Pennsyl- Iraqi Freedom; ation Iraqi Freedom; vania, who died on November 18, 2004, in (1388) honors the memory of Private First (1353) honors the memory of Lance Cor- service to the United States in Operation Class Ryan J. Cantafio, 22, of Beaver Dam, poral Shane E. Kielion, 23, of La Vista, Ne- Iraqi Freedom; Wisconsin, who died on November 25, 2004, in braska, who died on November 15, 2004, in (1371) honors the memory of Corporal Brad- service to the United States in Operation service to the United States in Operation ley Thomas Arms, 20, of Charlottesville, Vir- Iraqi Freedom; ginia, who died on November 19, 2004, in serv- Iraqi Freedom; (1354) honors the memory of Lance Cor- ice to the United States in Operation Iraqi (1389) honors the memory of Lance Cor- poral William L. Miller, 22, of Pearland, Freedom; poral Jeffery Scott Holmes, 20, of Hartford/ Texas, who died on November 15, 2004, in (1372) honors the memory of Lance Cor- White River Jct., Vermont, who died on No- service to the United States in Operation poral Demarkus D. Brown, 22, of vember 25, 2004, in service to the United Iraqi Freedom; Martinsville, Virginia, who died on Novem- States in Operation Iraqi Freedom; (1355) honors the memory of Lance Cor- ber 19, 2004, in service to the United States in (1390) honors the memory of Corporal Gen- poral Bradley L. Parker, 19, of Marion, West Operation Iraqi Freedom; tian Marku, 22, of Warren, Michigan, who Virginia, who died on November 15, 2004, in (1373) honors the memory of Lance Cor- died on November 25, 2004, in service to the service to the United States in Operation poral Michael A. Downey, 21, of Phoenix, Ar- United States in Operation Iraqi Freedom; Iraqi Freedom; izona, who died on November 19, 2004, in serv- (1391) honors the memory of Lance Cor- (1356) honors the memory of Sergeant ice to the United States in Operation Iraqi poral Bradley M. Faircloth, 20, of Mobile, Rafael Peralta, 25, of San Diego, California, Freedom; Alabama, who died on November 26, 2004, in who died on November 15, 2004, in service to (1374) honors the memory of Lance Cor- service to the United States in Operation the United States in Operation Iraqi Free- poral Dimitrios Gavriel, 29, of New York, Iraqi Freedom; dom; New York, who died on November 19, 2004, in (1392) honors the memory of Private Brian (1357) honors the memory of Captain Pat- service to the United States in Operation K. Grant, 31, of Dallas, Texas, who died on rick Marc M. Rapicault, 34, of St. Augustine, Iraqi Freedom; November 26, 2004, in service to the United Florida, who died on November 15, 2004, in (1375) honors the memory of Lance Cor- States in Operation Iraqi Freedom; service to the United States in Operation poral Phillip G. West, 19, of American Can- (1393) honors the memory of Lance Cor- Iraqi Freedom; yon, California, who died on November 19, poral David B. Houck, 25, of Winston Salem, (1358) honors the memory of Corporal Marc 2004, in service to the United States in Oper- North Carolina, who died on November 26, T. Ryan, 25, of Gloucester City, New Jersey, ation Iraqi Freedom; 2004, in service to the United States in Oper- who died on November 15, 2004, in service to (1376) honors the memory of Sergeant Jack ation Iraqi Freedom; the United States in Operation Iraqi Free- Bryant, Jr., 23, of Dale City, Virginia, who (1394) honors the memory of Private First dom; died on November 20, 2004, in service to the Class Harrison J. Meyer, 20, of Worthington, (1359) honors the memory of Lance Cor- United States in Operation Iraqi Freedom; Ohio, who died on November 26, 2004, in serv- poral Antoine D. Smith, 22, of Orlando, Flor- (1377) honors the memory of Corporal Jo- ice to the United States in Operation Iraqi ida, who died on November 15, 2004, in service seph J. Heredia, 22, of Santa Maria, Cali- Freedom; to the United States in Operation Iraqi Free- fornia, who died on November 20, 2004, in (1395) honors the memory of Lance Cor- dom; service to the United States in Operation (1360) honors the memory of Lance Cor- Iraqi Freedom; poral Jordan D. Winkler, 19, of Tulsa, Okla- poral James E. Swain, 20, of Kokomo, Indi- (1378) honors the memory of Specialist homa, who died on November 26, 2004, in ana, who died on November 15, 2004, in serv- David L. Roustum, 22, of Orchard Park/W. service to the United States in Operation ice to the United States in Operation Iraqi Seneca, New York, who died on November 20, Iraqi Freedom; Freedom; 2004, in service to the United States in Oper- (1396) honors the memory of Corporal Kirk (1361) honors the memory of Corporal ation Iraqi Freedom; J. Bosselmann, 21, of Napa, California, who Lance M. Thompson, 21, of Marion/Upland, (1379) honors the memory of Lance Cor- died on November 27, 2004, in service to the Indiana, who died on November 15, 2004, in poral Joseph T. Welke, 20, of Rapid City, United States in Operation Iraqi Freedom; service to the United States in Operation South Dakota, who died on November 20, (1397) honors the memory of Specialist Jer- Iraqi Freedom; 2004, in service to the United States in Oper- emy E. Christensen, 27, of Albuquerque, New (1362) honors the memory of Staff Sergeant ation Iraqi Freedom; Mexico, who died on November 27, 2004, in Marshall H. Caddy, 27, of Nags Head, North (1380) honors the memory of Sergeant Mi- service to the United States in Operation Carolina, who died on November 16, 2004, in chael C. O’Neill, 22, of Mansfield, Ohio, who Iraqi Freedom; service to the United States in Operation died on November 21, 2004, in service to the (1398) honors the memory of Chief Warrant Iraqi Freedom; United States in Operation Enduring Free- Officer Travis W. Grogan, 31, of Virginia (1363) honors the memory of Private First dom; Beach, Virginia, who died on November 27, Class Jose Ricardo Flores-Mejia, 21, of Santa (1381) honors the memory of Corporal Mi- 2004, in service to the United States in Oper- Clarita, California, who died on November 16, chael R. Cohen, 23, of Jacobus, Pennsylvania, ation Enduring Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.182 S16DEPT1 S13838 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1399) honors the memory of Lance Cor- 2004, in service to the United States in Oper- (1435) honors the memory of Sergeant First poral Joshua E. Lucero, 19, of Tucson, Ari- ation Iraqi Freedom; Class Todd Clayton Gibbs, 37, of Lufkin, zona, who died on November 27, 2004, in serv- (1417) honors the memory of Corporal Texas, who died on December 7, 2004, in service to the United States in Operation Iraqi Zachary A. Kolda, 23, of Corpus Christi, ice to the United States in Operation Iraqi Freedom; Texas, who died on December 1, 2004, in serv- Freedom; (1400) honors the memory of Lieutenant ice to the United States in Operation Iraqi (1436) honors the memory of Corporal In C. Colonel Michael J. McMahon, 41, of West Freedom; Kim, 23, of Warren, Michigan, who died on Hartford, Connecticut, who died on Novem- (1418) honors the memory of Gunnery Ser- December 7, 2004, in service to the United ber 27, 2004, in service to the United States in geant Javier Obleas-Prado Pena, 36, of Falls States in Operation Iraqi Freedom; Operation Enduring Freedom; Church, Virginia, who died on December 1, (1437) honors the memory of Captain Mark (1401) honors the memory of Specialist 2004, in service to the United States in Oper- N. Stubenhofer, 30, of Springfield, Virginia, Harley D.R. Miller, 21, of Spokane, Wash- ation Iraqi Freedom; who died on December 7, 2004, in service to ington, who died on November 27, 2004, in (1419) honors the memory of Corporal the United States in Operation Iraqi Free- service to the United States in Operation En- Bryan S. Wilson, 22, of Otterbein, Indiana, dom; during Freedom; who died on December 1, 2004, in service to (1438) honors the memory of Sergeant Ar- (1402) honors the memory of Sergeant Mi- the United States in Operation Iraqi Free- thur C. Williams IV, 31, of Edgewater, Flor- chael A. Smith, 24, of Camden, Arkansas, dom; ida, who died on December 8, 2004, in service who died on November 27, 2004, in service to (1420) honors the memory of Specialist to the United States in Operation Iraqi Free- Isaac E. Diaz, 26, of Rio Hondo, Texas, who dom; the United States in Operation Iraqi Free- died on December 2, 2004, in service to the (1439) honors the memory of Private First dom; United States in Operation Enduring Free- Class Christopher S. Adlesperger, 20, of Albu- (1403) honors the memory of Private First dom; querque, New Mexico, who died on December Class Stephen C. Benish, 20, of Clark, New (1421) honors the memory of Private First 9, 2004, in service to the United States in Op- Jersey, who died on November 28, 2004, in Class George Daniel Harrison, 22, of Knox- eration Iraqi Freedom; service to the United States in Operation ville, Tennessee, who died on December 2, (1440) honors the memory of Chief Warrant Iraqi Freedom; 2004, in service to the United States in Oper- Officer Patrick D. Leach, 39, of Rock Hill, (1404) honors the memory of Lance Cor- ation Iraqi Freedom; South Carolina, who died on December 9, poral Adam R. Brooks, 20, of Manchester, (1422) honors the memory of Staff Sergeant 2004, in service to the United States in Oper- New Hampshire, who died on November 28, Henry E. Irizarry, 38, of Bronx, New York, ation Iraqi Freedom; 2004, in service to the United States in Oper- who died on December 3, 2004, in service to (1441) honors the memory of Corporal Kyle ation Iraqi Freedom; the United States in Operation Iraqi Free- J. Renehan, 21, of Oxford, Pennsylvania, who (1405) honors the memory of Lance Cor- dom; died on December 9, 2004, in service to the poral Charles A. Hanson, Jr., 22, of Panacea, (1423) honors the memory of Corporal Binh United States in Operation Iraqi Freedom; Florida, who died on November 28, 2004, in N. Le, 20, of Alexandria, Virginia, who died (1442) honors the memory of First Lieuten- service to the United States in Operation on December 3, 2004, in service to the United ant Andrew C. Shields, 25, of Campobello, Iraqi Freedom; States in Operation Iraqi Freedom; South Carolina, who died on December 9, (1406) honors the memory of Sergeant Carl (1424) honors the memory of Specialist 2004, in service to the United States in Oper- W. Lee, 23, of Oklahoma City, Oklahoma, David P. Mahlenbrock, 20, of Maple Shade, ation Iraqi Freedom; who died on November 28, 2004, in service to New Jersey, who died on December 3, 2004, in (1443) honors the memory of Specialist the United States in Operation Iraqi Free- service to the United States in Operation Robert W. Hoyt, 21, of Ashford, Connecticut, dom; Iraqi Freedom; who died on December 11, 2004, in service to (1407) honors the memory of Sergeant Trin- (1425) honors the memory of Corporal Mat- the United States in Operation Iraqi Free- idad R. Martinezluis, 22, of Los Angeles, Cali- thew A. Wyatt, 21, of Millstadt, Illinois, who dom; fornia, who died on November 28, 2004, in died on December 3, 2004, in service to the (1444) honors the memory of Lance Cor- service to the United States in Operation United States in Operation Iraqi Freedom; poral Gregory P. Rund, 21, of Littleton, Colo- Iraqi Freedom; (1426) honors the memory of Corporal Jo- rado, who died on December 11, 2004, in serv- (1408) honors the memory of Staff Sergeant seph O. Behnke, 45, of Brooklyn, New York, ice to the United States in Operation Iraqi Michael B. Shackelford, 25, of Grand Junc- who died on December 4, 2004, in service to Freedom; tion, Colorado, who died on November 28, the United States in Operation Iraqi Free- (1445) honors the memory of Lance Cor- 2004, in service to the United States in Oper- dom; poral Jeffery S. Blanton, 23, of Fayetteville, ation Iraqi Freedom; (1427) honors the memory of Sergeant Mi- Georgia, who died on December 12, 2004, in (1409) honors the memory of Specialist chael L. Boatright, 24, of Whitesboro, Texas, service to the United States in Operation Daryl A. Davis, 20, of Orlando, Florida, who who died on December 4, 2004, in service to Iraqi Freedom; died on November 29, 2004, in service to the the United States in Operation Iraqi Free- (1446) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; dom; Melvin L. Blazer, 38, of Moore, Oklahoma, (1410) honors the memory of Sergeant (1428) honors the memory of Sergeant Cari who died on December 12, 2004, in service to Christian P. Engeldrum, 39, of Bronx, New Anne Gasiewicz, 28, of Depew/Cheektowaga, the United States in Operation Iraqi Free- York, who died on November 29, 2004, in serv- New York, who died on December 4, 2004, in dom; ice to the United States in Operation Iraqi service to the United States in Operation (1447) honors the memory of Corporal Freedom; Iraqi Freedom; Jason S. Clairday, 21, of Camp Fulton, Ar- (1411) honors the memory of Specialist (1429) honors the memory of Sergeant kansas, who died on December 12, 2004, in Erik W. Hayes, 24, of Harney/Cascade, Mary- David A. Mitts, 24, of Hammond, Oregon, who service to the United States in Operation land, who died on November 29, 2004, in serv- died on December 4, 2004, in service to the Iraqi Freedom; ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; (1448) honors the memory of Lance Cor- Freedom; (1430) honors the memory of Staff Sergeant poral Joshua W. Dickinson, 25, of Pasco, (1412) honors the memory of Lance Cor- Salamo J. Tuialuuluu, 23, of Pago Pago, Florida, who died on December 12, 2004, in poral Blake A. Magaoay, 20, of Pearl City, American Samoa, who died on December 4, service to the United States in Operation Hawaii, who died on November 29, 2004, in 2004, in service to the United States in Oper- Iraqi Freedom; service to the United States in Operation ation Iraqi Freedom; (1449) honors the memory of Sergeant Jef- Iraqi Freedom; (1431) honors the memory of Staff Sergeant frey L. Kirk, 24, of Baton Rouge, Louisiana, (1413) honors the memory of Private First Kyle A. Eggers, 27, of Euless, Texas, who died who died on December 12, 2004, in service to Class Wilfredo F. Urbina, 29, of Baldwin, New on December 5, 2004, in service to the United the United States in Operation Iraqi Free- York, who died on November 29, 2004, in serv- States in Operation Iraqi Freedom; dom; ice to the United States in Operation Iraqi (1432) honors the memory of Specialist (1450) honors the memory of Lance Cor- Freedom; Edwin William Roodhouse, 36, of San Jose, poral Hilario F. Lopez, 22, of Ingleside, (1414) honors the memory of Sergeant California, who died on December 5, 2004, in Texas, who died on December 12, 2004, in Pablo A. Calderon, 26, of Brooklyn, New service to the United States in Operation service to the United States in Operation York, who died on November 30, 2004, in serv- Iraqi Freedom; Iraqi Freedom; ice to the United States in Operation Iraqi (1433) honors the memory of Staff Sergeant (1451) honors the memory of Private First Freedom; Marvin Lee Trost III, 28, of Goshen, Indiana, Class Joshua A. Ramsey, 19, of Defiance, (1415) honors the memory of Sergeant Jose who died on December 5, 2004, in service to Ohio, who died on December 12, 2004, in serv- Guereca, Jr., 24, of Stafford/Missouri City, the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi Texas, who died on November 30, 2004, in dom; Freedom; service to the United States in Operation (1434) honors the memory of Private First (1452) honors the memory of Corporal Ian Iraqi Freedom; Class Andrew M. Ward, 25, of Kirkland, W. Stewart, 21, of Lake Hughes, California, (1416) honors the memory of Specialist Washington, who died on December 5, 2004, in who died on December 12, 2004, in service to David M. Fisher, 21, of Watervliet/Green Is- service to the United States in Operation the United States in Operation Iraqi Free- land, New York, who died on December 1, Iraqi Freedom; dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.182 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13839 (1453) honors the memory of Sergeant Tina (1471) honors the memory of Sergeant ice to the United States in Operation Iraqi Safaira Time, 22, of Tucson, Arizona, who Major Robert D. O’Dell, 38, of Manassas, Vir- Freedom; died on December 13, 2004, in service to the ginia, who died on December 21, 2004, in serv- (1489) honors the memory of Specialist Jeff United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi LeBrun, 21, of Buffalo, New York, who died (1454) honors the memory of Private First Freedom; on January 1, 2005, in service to the United Class Brent T. Vroman, 21, of Oshkosh, Wis- (1472) honors the memory of Lance Cor- States in Operation Iraqi Freedom; consin, who died on December 13, 2004, in poral Neil D. Petsche, 21, of Lena, Illinois, (1490) honors the memory of Lance Cor- service to the United States in Operation who died on December 21, 2004, in service to poral Brian P. Parrello, 19, of West Milford, Iraqi Freedom; the United States in Operation Iraqi Free- New Jersey, who died on January 1, 2005, in (1455) honors the memory of Lance Cor- dom; service to the United States in Operation poral Richard D. Warner, 22, of Waukesha, (1473) honors the memory of Sergeant Lynn Iraqi Freedom; Wisconsin, who died on December 13, 2004, in Robert Poulin, Sr., 47, of Freedom, Maine, (1491) honors the memory of Sergeant First service to the United States in Operation who died on December 21, 2004, in service to Class Pedro A. Munoz, 47, of Aquada, Puerto Iraqi Freedom; the United States in Operation Iraqi Free- Rico, who died on January 2, 2005, in service (1456) honors the memory of Corporal Mi- dom; to the United States in Operation Enduring chael D. Anderson, 21, of Modesto, California, (1474) honors the memory of Sergeant Freedom; who died on December 14, 2004, in service to David A. Ruhren, 20, of North Stafford, Vir- (1492) honors the memory of Sergeant the United States in Operation Iraqi Free- ginia, who died on December 21, 2004, in serv- Thomas E. Houser, 22, of Council Bluffs, Iowa, who died on January 3, 2005, in service dom; ice to the United States in Operation Iraqi to the United States in Operation Iraqi Free- (1457) honors the memory of Specialist Vic- Freedom; dom; tor A. Martinez, 21, of Bronx, New York, who (1475) honors the memory of Staff Sergeant (1493) honors the memory of Sergeant Jer- died on December 14, 2004, in service to the Darren D. VanKomen, 33, of Bluefield, West emy R. Wright, 31, of Shelbyville, Indiana, United States in Operation Iraqi Freedom; Virginia, who died on December 21, 2004, in who died on January 3, 2005, in service to the (1458) honors the memory of Lance Cor- service to the United States in Operation United States in Operation Enduring Free- poral Franklin A. Sweger, 24, of San Anto- Iraqi Freedom; dom; nio, Texas, who died on December 16, 2004, in (1476) honors the memory of First Lieuten- (1494) honors the memory of Specialist service to the United States in Operation ant Christopher W. Barnett, 32, of Baton Jimmy D. Buie, 44, of Floral, Arkansas, who Iraqi Freedom; Rouge, Louisiana, who died on December 23, died on January 4, 2005, in service to the (1459) honors the memory of Staff Sergeant 2004, in service to the United States in Oper- United States in Operation Iraqi Freedom; Donald B. Farmer, 33, of Zion, Illinois, who ation Iraqi Freedom; (1495) honors the memory of Private Cory died on December 19, 2004, in service to the (1477) honors the memory of Lance Cor- R. Depew, 21, of Beech Grove, Indiana, who United States in Operation Iraqi Freedom; poral Eric Hillenburg, 21, of Indianapolis, In- died on January 4, 2005, in service to the (1460) honors the memory of Sergeant diana, who died on December 23, 2004, in serv- United States in Operation Iraqi Freedom; Barry K. Meza, 23, of League City, Texas, ice to the United States in Operation Iraqi (1496) honors the memory of Specialist who died on December 19, 2004, in service to Freedom; Joshua S. Marcum, 33, of Evening Shade, Ar- the United States in Operation Iraqi Free- (1478) honors the memory of Lance Cor- kansas, who died on January 4, 2005, in serv- dom; poral James R. Phillips, 21, of Hillsboro, ice to the United States in Operation Iraqi (1461) honors the memory of Private First Florida, who died on December 23, 2004, in Freedom; Class Lionel Ayro, 22, of Jeanerette, Lou- service to the United States in Operation (1497) honors the memory of Specialist Jer- isiana, who died on December 21, 2004, in Iraqi Freedom; emy W. McHalffey, 28, of Mabelvale, Arkan- service to the United States in Operation (1479) honors the memory of Corporal Ra- sas, who died on January 4, 2005, in service to Iraqi Freedom; leigh C. Smith, 21, of Troy, Lincoln County, the United States in Operation Iraqi Free- (1462) honors the memory of Chief Petty Montana, who died on December 23, 2004, in dom; Officer Joel Egan Baldwin, 37, of Arlington, service to the United States in Operation (1498) honors the memory of Sergeant Virginia, who died on December 21, 2004, in Iraqi Freedom; Bennie J. Washington, 25, of Atlanta, Geor- service to the United States in Operation (1480) honors the memory of Staff Sergeant gia, who died on January 4, 2005, in service to Iraqi Freedom; Todd D. Olson, 36, of Loyal, Wisconsin, who the United States in Operation Iraqi Free- (1463) honors the memory of Specialist died on December 27, 2004, in service to the dom; Jonathan Castro, 21, of Corona, California, United States in Operation Iraqi Freedom; (1499) honors the memory of Private First who died on December 21, 2004, in service to (1481) honors the memory of Specialist Class Curtis L. Wooten III, 20, of Spanaway, the United States in Operation Iraqi Free- Jose A. Rivera-Serrano, 26, of Mayaguez, Washington, who died on January 4, 2005, in dom; Puerto Rico, who died on December 27, 2004, service to the United States in Operation (1464) honors the memory of Specialist in service to the United States in Operation Iraqi Freedom; Thomas John Dostie, 20, of Somerville, Iraqi Freedom; (1500) honors the memory of Sergeant Maine, who died on December 21, 2004, in (1482) honors the memory of Seaman Christopher J. Babin, 27, of Houma, Lou- service to the United States in Operation Pablito Pena Briones, Jr., 22, of Anaheim, isiana, who died on January 6, 2005, in serv- Iraqi Freedom; California, who died on December 28, 2004, in ice to the United States in Operation Iraqi (1465) honors the memory of Specialist service to the United States in Operation Freedom; Cory Michael Hewitt, 26, of Stewart, Ten- Iraqi Freedom; (1501) honors the memory of Specialist nessee, who died on December 21, 2004, in (1483) honors the memory of Staff Sergeant Bradley J. Bergeron, 25, of Houma, Lou- service to the United States in Operation Jason A. Lehto, 31, of Mount Clemens, Michi- isiana, who died on January 6, 2005, in serv- Iraqi Freedom; gan, who died on December 28, 2004, in service to the United States in Operation Iraqi (1466) honors the memory of Captain Wil- ice to the United States in Operation Iraqi Freedom; liam W. Jacobsen, Jr., 31, of Charlotte, North Freedom; (1502) honors the memory of Lance Cor- Carolina, who died on December 21, 2004, in (1484) honors the memory of Staff Sergeant poral Julio C. Cisneros-Alvarez, 22, of Pharr, service to the United States in Operation Nathaniel J. Nyren, 31, of Reston, Virginia, Texas, who died on January 6, 2005, in service Iraqi Freedom; who died on December 28, 2004, in service to to the United States in Operation Iraqi Free- (1467) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- dom; Robert S. Johnson, 23, of Castro Valley, Cali- dom; (1503) honors the memory of Sergeant First fornia, who died on December 21, 2004, in (1485) honors the memory of Specialist Class Kurt J. Comeaux, 34, of Raceland, Lou- service to the United States in Operation Craig L. Nelson, 21, of Bossier City, Lou- isiana, who died on January 6, 2005, in serv- Iraqi Freedom; isiana, who died on December 29, 2004, in ice to the United States in Operation Iraqi (1468) honors the memory of Sergeant First service to the United States in Operation Freedom; Class Paul D. Karpowich, 30, of Bridgeport, Iraqi Freedom; (1504) honors the memory of Sergeant Pennsylvania, who died on December 21, 2004, (1486) honors the memory of Private First Zachariah Scott Davis, 25, of Spiro, Okla- in service to the United States in Operation Class Oscar Sanchez, 19, of Modesto, Cali- homa, who died on January 6, 2005, in service Iraqi Freedom; fornia, who died on December 29, 2004, in to the United States in Operation Iraqi Free- (1469) honors the memory of Specialist service to the United States in Operation dom; Nicholas C. ‘‘Nick’’ Mason, 20, of King Iraqi Freedom; (1505) honors the memory of Specialist George, Virginia, who died on December 21, (1487) honors the memory of Sergeant Huey P.L. Fassbender, 24, of LaPlace, Lou- 2004, in service to the United States in Oper- Damien T. Ficek, 26, of Pullman, Wash- isiana, who died on January 6, 2005, in servation Iraqi Freedom; ington, who died on December 30, 2004, in ice to the United States in Operation Iraqi (1470) honors the memory of Staff Sergeant service to the United States in Operation Freedom; Julian S. Melo, 47, of Brooklyn, New York, Iraqi Freedom; (1506) honors the memory of Specialist Ar- who died on December 21, 2004, in service to (1488) honors the memory of Lance Cor- mand L. Frickey, 20, of Houma, Louisiana, the United States in Operation Iraqi Free- poral Jason E. Smith, 21, of Phoenix, Ari- who died on January 6, 2005, in service to the dom; zona, who died on December 31, 2004, in serv- United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.182 S16DEPT1 S13840 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1507) honors the memory of Specialist the United States in Operation Iraqi Free- (1543) honors the memory of Lance Cor- Warren A. Murphy, 29, of Marrero, Lou- dom; poral Jonathan Edward Etterling, 22, of isiana, who died on January 6, 2005, in serv- (1525) honors the memory of Private First Wheelersburg, Ohio, who died on January 26, ice to the United States in Operation Iraqi Class Francis C. Obaji, 21, of Queens Village, 2005, in service to the United States in Oper- Freedom; New York, who died on January 17, 2005, in ation Iraqi Freedom; (1508) honors the memory of Private First service to the United States in Operation (1544) honors the memory of Sergeant Mi- Class Kenneth G. Vonronn, 20, of Iraqi Freedom; chael W. Finke, Jr., 28, of Wadsworth/Huron, Bloomingburg, New York, who died on Janu- (1526) honors the memory of Staff Sergeant Ohio, who died on January 26, 2005, in service ary 6, 2005, in service to the United States in Thomas E. Vitagliano, 33, of New Haven, to the United States in Operation Iraqi Free- Operation Iraqi Freedom; Connecticut, who died on January 17, 2005, in dom; (1509) honors the memory of Private First service to the United States in Operation (1545) honors the memory of First Lieuten- Class Daniel F. Guastaferro, 27, of Las Vegas, Iraqi Freedom; ant Travis J. Fuller, 26, of Granville, Massa- Nevada, who died on January 7, 2005, in serv- (1527) honors the memory of Captain Chris- chusetts, who died on January 26, 2005, in ice to the United States in Operation Iraqi topher J. Sullivan, 29, of Princeton, Massa- service to the United States in Operation Freedom; chusetts, who died on January 18, 2005, in Iraqi Freedom; (1510) honors the memory of Corporal Jo- service to the United States in Operation (1546) honors the memory of Corporal Tim- seph E. Fite, 23, of Round Rock, Texas, who Iraqi Freedom; othy M. Gibson, 23, of Merrimack/ died on January 9, 2005, in service to the (1528) honors the memory of Sergeant Kyle Hillsborough, New Hampshire, who died on United States in Operation Iraqi Freedom; William Childress, 29, of Terre Haute, Indi- January 26, 2005, in service to the United (1511) honors the memory of Specialist ana, who died on January 21, 2005, in service States in Operation Iraqi Freedom; Dwayne James McFarlane, Jr., 20, of Cass to the United States in Operation Iraqi Free- (1547) honors the memory of Corporal Rich- Lake, Minnesota, who died on January 9, dom; ard A. Gilbert, Jr., 26, of Dayton/Mont- 2005, in service to the United States in Oper- (1529) honors the memory of Captain Joe gomery, Ohio, who died on January 26, 2005, ation Iraqi Freedom; Fenton Lusk II, 25, of Reedley, California, in service to the United States in Operation (1512) honors the memory of Staff Sergeant who died on January 21, 2005, in service to Iraqi Freedom; William F. Manuel, 34, of Kinder, Louisiana, the United States in Operation Iraqi Free- (1548) honors the memory of Captain Lyle who died on January 10, 2005, in service to dom; L. Gordon, 30, of Midlothian, Texas, who died the United States in Operation Iraqi Free- (1530) honors the memory of First Lieuten- on January 26, 2005, in service to the United dom; ant Nainoa K. Hoe, 27, of Kailua, Hawaii, who States in Operation Iraqi Freedom; (1513) honors the memory of Sergeant Rob- died on January 22, 2005, in service to the (1549) honors the memory of Corporal Kyle ert Wesley Sweeney III, 22, of Pineville, Lou- United States in Operation Iraqi Freedom; J. Grimes, 21, of Northampton, Pennsyl- isiana, who died on January 10, 2005, in serv- (1531) honors the memory of Staff Sergeant vania, who died on January 26, 2005, in service to the United States in Operation Iraqi Jose C. Rangel, 43, of Fresno, California, who ice to the United States in Operation Iraqi Freedom; died on January 23, 2005, in service to the Freedom; (1514) honors the memory of Specialist Mi- United States in Operation Iraqi Freedom; (1550) honors the memory of Lance Cor- chael J. Smith, 24, of Media, Pennsylvania, (1532) honors the memory of Sergeant poral Tony L. Hernandez, 22, of Canyon who died on January 11, 2005, in service to Leonard W. Adams, 42, of Mooresville, North Lake, Texas, who died on January 26, 2005, in the United States in Operation Iraqi Free- Carolina, who died on January 24, 2005, in service to the United States in Operation dom; service to the United States in Operation Iraqi Freedom; (1515) honors the memory of Private First Iraqi Freedom; (1551) honors the memory of Lance Cor- Class Gunnar D. Becker, 19, of Forestburg, (1533) honors the memory of Sergeant Mi- poral Brian C. Hopper, 21, of Wynne, Arkan- South Dakota, who died on January 13, 2005, chael C. Carlson, 22, of St. Paul, Minnesota, sas, who died on January 26, 2005, in service in service to the United States in Operation who died on January 24, 2005, in service to to the United States in Operation Iraqi Free- Iraqi Freedom; the United States in Operation Iraqi Free- dom; (1516) honors the memory of Lance Cor- dom; (1552) honors the memory of Petty Officer poral Matthew W. Holloway, 21, of Fulton, (1534) honors the memory of Private First Third Class John Daniel House, 28, of Ven- Texas, who died on January 13, 2005, in serv- Class Jesus A. Leon-Perez, 20, of Houston, tura, California, who died on January 26, ice to the United States in Operation Iraqi Texas, who died on January 24, 2005, in serv- 2005, in service to the United States in Oper- Freedom; ice to the United States in Operation Iraqi ation Iraqi Freedom; (1517) honors the memory of Sergeant First Freedom; (1553) honors the memory of Lance Cor- Class Brian A. Mack, 36, of Phoenix, Arizona, (1535) honors the memory of Sergeant poral Saeed Jafarkhani-Torshizi, Jr., 24, of who died on January 13, 2005, in service to Javier Marin, Jr., 29, of Mission, Texas, who Fort Worth, Texas, who died on January 26, the United States in Operation Iraqi Free- died on January 24, 2005, in service to the 2005, in service to the United States in Oper- dom; United States in Operation Iraqi Freedom; ation Iraqi Freedom; (1518) honors the memory of Lance Cor- (1536) honors the memory of Staff Sergeant (1554) honors the memory of Corporal Ste- poral Juan Rodrigo Rodriguez Velasco, 23, of Joseph W. Stevens, 26, of Sacramento, Cali- phen P. Johnson, 24, of Covina, California, Laredo/El Cenizo, Texas, who died on Janu- fornia, who died on January 24, 2005, in serv- who died on January 26, 2005, in service to ary 13, 2005, in service to the United States ice to the United States in Operation Iraqi the United States in Operation Iraqi Free- in Operation Iraqi Freedom; Freedom; dom; (1519) honors the memory of Corporal Paul (1537) honors the memory of Sergeant (1555) honors the memory of Corporal Sean C. Holter III, 21, of Corpus Christi, Texas, Brett D. Swank, 21, of Northumberland Co., P. Kelly, 23, of Pitman/Gloucester, New Jer- who died on January 14, 2005, in service to Pennsylvania, who died on January 24, 2005, sey, who died on January 26, 2005, in service the United States in Operation Iraqi Free- in service to the United States in Operation to the United States in Operation Iraqi Free- dom; Iraqi Freedom; dom; (1520) honors the memory of Sergeant (1538) honors the memory of Specialist (1556) honors the memory of Staff Sergeant Jayton D. Patterson, 26, of Wakefield/Sedley, Viktar V. Yolkin, 24, of Spring Branch, Dexter S. Kimble, 30, of Houston, Texas, who Virginia, who died on January 15, 2005, in Texas, who died on January 24, 2005, in serv- died on January 26, 2005, in service to the service to the United States in Operation ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Iraqi Freedom; Freedom; (1557) honors the memory of Sergeant Wil- (1521) honors the memory of Sergeant Na- (1539) honors the memory of Captain Paul liam S. Kinzer, Jr., 27, of Hendersonville, thaniel T. Swindell, 24, of Bronx, New York, C. Alaniz, 32, of Corpus Christi, Texas, who North Carolina, who died on January 26, 2005, who died on January 15, 2005, in service to died on January 26, 2005, in service to the in service to the United States in Operation the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Iraqi Freedom; dom; (1540) honors the memory of Staff Sergeant (1558) honors the memory of Lance Cor- (1522) honors the memory of Specialist Brian D. Bland, 26, of Newcastle/Weston, Wy- poral Allan Klein, 34, of Clinton Township, Alain L. Kamolvathin, 21, of Blairstown, New oming, who died on January 26, 2005, in serv- Michigan, who died on January 26, 2005, in Jersey, who died on January 16, 2005, in service to the United States in Operation Iraqi service to the United States in Operation ice to the United States in Operation Iraqi Freedom; Iraqi Freedom; Freedom; (1541) honors the memory of Corporal Jona- (1559) honors the memory of Corporal Tim- (1523) honors the memory of Private First than W. Bowling, 23, of Patrick, Virginia, othy A. Knight, 22, of Brooklyn, Ohio, who Class Jesus Fonseca, 19, of Marietta, Geor- who died on January 26, 2005, in service to died on January 26, 2005, in service to the gia, who died on January 17, 2005, in service the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- dom; (1560) honors the memory of Lance Cor- dom; (1542) honors the memory of Specialist poral Karl R. Linn, 20, of Chesterfield, Vir- (1524) honors the memory of Private First Taylor J. Burk, 21, of Amarillo, Texas, who ginia, who died on January 26, 2005, in serv- Class George R. Geer, 27, of Cortez, Colorado, died on January 26, 2005, in service to the ice to the United States in Operation Iraqi who died on January 17, 2005, in service to United States in Operation Iraqi Freedom; Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13841 (1561) honors the memory of Lance Cor- Beach, California, who died on January 28, (1597) honors the memory of Corporal poral Fred L. Maciel, 20, of Spring, Texas, 2005, in service to the United States in Oper- Christopher E. Zimny, 27, of Cook, Illinois, who died on January 26, 2005, in service to ation Iraqi Freedom; who died on January 31, 2005, in service to the United States in Operation Iraqi Free- (1580) honors the memory of Specialist Mi- the United States in Operation Iraqi Free- dom; chael S. Evans II, 22, of Marrero, Louisiana, dom; (1562) honors the memory of Corporal Na- who died on January 28, 2005, in service to (1598) honors the memory of Specialist thaniel K. Moore, 22, of Champaign, Illinois, the United States in Operation Iraqi Free- Robert T. Hendrickson, 24, of Broken Bow, who died on January 26, 2005, in service to dom; Oklahoma, who died on February 1, 2005, in the United States in Operation Iraqi Free- (1581) honors the memory of Sergeant An- service to the United States in Operation dom; drew K. Farrar, Jr., 31, of Weymouth, Massa- Iraqi Freedom; (1563) honors the memory of Corporal chusetts, who died on January 28, 2005, in (1599) honors the memory of Captain Sean James Lee Moore, 24, of Roseburg, Oregon, service to the United States in Operation Lee Brock, 29, of Redondo Beach, California, who died on January 26, 2005, in service to Iraqi Freedom; who died on February 2, 2005, in service to the United States in Operation Iraqi Free- (1582) honors the memory of Chief Warrant the United States in Operation Iraqi Free- dom; Officer Charles S. Jones, 34, of Lawtey, Flor- dom; (1564) honors the memory of Lance Cor- ida, who died on January 28, 2005, in service (1600) honors the memory of Lance Cor- poral Mourad Ragimov, 20, of San Diego, to the United States in Operation Iraqi Free- poral Sean P. Maher, 19, of Grayslake, Illi- California, who died on January 26, 2005, in dom; nois, who died on February 2, 2005, in service service to the United States in Operation (1583) honors the memory of Specialist to the United States in Operation Iraqi Free- Iraqi Freedom; Christopher J. Ramsey, 20, of Batchelor, dom; (1565) honors the memory of Lance Cor- Louisiana, who died on January 28, 2005, in (1601) honors the memory of Lance Cor- poral Rhonald Dain Rairdan, 20, of service to the United States in Operation poral Richard C. Clifton, 19, of Milford, Dela- Castroville/San Antonio, Texas, who died on Iraqi Freedom; ware, who died on February 3, 2005, in service January 26, 2005, in service to the United (1584) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; Jonathan Ray Reed, 25, of Krotz Springs/ dom; (1566) honors the memory of Lance Cor- Opelousa, Louisiana, who died on January 28, (1602) honors the memory of Sergeant First poral Hector Ramos, 20, of Aurora, Illinois, 2005, in service to the United States in Oper- Class Sean Michael Cooley, 35, of Ocean who died on January 26, 2005, in service to ation Iraqi Freedom; Springs, Mississippi, who died on February 3, the United States in Operation Iraqi Free- (1585) honors the memory of Staff Sergeant 2005, in service to the United States in Oper- dom; Joseph E. Rodriguez, 25, of Las Cruces, New ation Iraqi Freedom; (1567) honors the memory of Lance Cor- Mexico, who died on January 28, 2005, in (1603) honors the memory of Sergeant Ste- poral Gael Saintvil, 24, of Orlando/Orange, service to the United States in Operation phen R. Sherman, 27, of Neptune, New Jer- Florida, who died on January 26, 2005, in Iraqi Freedom; sey, who died on February 3, 2005, in service service to the United States in Operation (1586) honors the memory of Specialist to the United States in Operation Iraqi Free- Iraqi Freedom; Lyle W. Rymer II, 24, of Fort Smith, Arkan- dom; (1568) honors the memory of Corporal Na- sas, who died on January 28, 2005, in service (1604) honors the memory of Staff Sergeant than A. Schubert, 22, of Cherokee, Iowa, who to the United States in Operation Iraqi Free- Steven G. Bayow, 42, of Colonia Yap, Fed. died on January 26, 2005, in service to the dom; Sts. of Micronesia, who died on February 4, United States in Operation Iraqi Freedom; (1587) honors the memory of Sergeant First 2005, in service to the United States in Oper- (1569) honors the memory of Lance Cor- Class Mickey E. Zaun, 27, of Brooklyn Park, ation Iraqi Freedom; poral Darrell J. Schumann, 25, of Hampton, Minnesota, who died on January 28, 2005, in (1605) honors the memory of Sergeant Dan- Virginia, who died on January 26, 2005, in service to the United States in Operation iel Torres, 23, of Fort Worth, Texas, who died service to the United States in Operation Iraqi Freedom; on February 4, 2005, in service to the United Iraqi Freedom; (1588) honors the memory of Civilian Bar- States in Operation Iraqi Freedom; (1570) honors the memory of First Lieuten- bara Heald, 60, of Stamford, Connecticut, (1606) honors the memory of Lance Cor- ant Dustin M. Shumney, 30, of Benicia/ who died on January 29, 2005, in service to poral Travis M. Wichlacz, 22, of West Bend, Vallejo, California, who died on January 26, the United States in Operation Iraqi Free- Wisconsin, who died on February 5, 2005, in 2005, in service to the United States in Oper- dom; service to the United States in Operation ation Iraqi Freedom; (1589) honors the memory of Lieutenant Iraqi Freedom; (1571) honors the memory of Corporal Mat- Commander Edward E. Jack, 51, of Detroit, (1607) honors the memory of Specialist Jer- thew R. Smith, 24, of West Valley City, Utah, Michigan, who died on January 29, 2005, in emy O. Allmon, 22, of Cleburne, Texas, who who died on January 26, 2005, in service to service to the United States in Operation died on February 6, 2005, in service to the the United States in Operation Iraqi Free- Iraqi Freedom; United States in Operation Iraqi Freedom; dom; (1590) honors the memory of Sergeant (1608) honors the memory of Staff Sergeant (1572) honors the memory of Lance Cor- Lindsey T. James, 23, of Urbana, Missouri, Zachary Ryan Wobler, 24, of Ottawa, Ohio, poral Joseph B. Spence, 24, of Scotts Valley, who died on January 29, 2005, in service to who died on February 6, 2005, in service to California, who died on January 26, 2005, in the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- service to the United States in Operation dom; dom; Iraqi Freedom; (1591) honors the memory of Lieutenant (1609) honors the memory of Specialist (1573) honors the memory of Lance Cor- Commander Keith Edward Taylor, 47, of Richard M. Crane, 25, of Independence, Mis- poral Michael L. Starr, Jr., 21, of Baltimore, Irvine, California, who died on January 29, souri, who died on February 8, 2005, in serv- Maryland, who died on January 26, 2005, in 2005, in service to the United States in Oper- ice to the United States in Operation Endur- service to the United States in Operation ation Iraqi Freedom; ing Freedom; Iraqi Freedom; (1592) honors the memory of Private First (1610) honors the memory of Specialist Jef- (1574) honors the memory of Sergeant Jesse Class James H. Miller IV, 22, of Cincinnati, frey S. Henthorn, 25, of Choctaw, Oklahoma, W. Strong, 24, of Irasburg, Vermont, who Ohio, who died on January 30, 2005, in service who died on February 8, 2005, in service to died on January 26, 2005, in service to the to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; dom; dom; (1575) honors the memory of Corporal (1593) honors the memory of Lance Cor- (1611) honors the memory of Sergeant Jes- Christopher L. Weaver, 24, of Fredericksburg, poral Nazario Serrano, 20, of Irving, Texas, sica M. Housby, 23, of Rock Island, Illinois, Virginia, who died on January 26, 2005, in who died on January 30, 2005, in service to who died on February 9, 2005, in service to service to the United States in Operation the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- Iraqi Freedom; dom; dom; (1576) honors the memory of Corporal Jona- (1594) honors the memory of Lance Cor- (1612) honors the memory of Lance Cor- than S. Beatty, 22, of Streator, Illinois, who poral Jason C. Redifer, 19, of Stuarts Draft, poral Richard A. Perez, Jr., 19, of Las Vegas, died on January 27, 2005, in service to the Virginia, who died on January 31, 2005, in Nevada, who died on February 10, 2005, in United States in Operation Iraqi Freedom; service to the United States in Operation service to the United States in Operation (1577) honors the memory of Private First Iraqi Freedom; Iraqi Freedom; Class Kevin M. Luna, 26, of Oxnard, Cali- (1595) honors the memory of Lance Cor- (1613) honors the memory of Staff Sergeant fornia, who died on January 27, 2005, in serv- poral Harry R. Swain IV, 21, of Cumberland, William T. Robbins, 31, of North Little Rock, ice to the United States in Operation Iraqi New Jersey, who died on January 31, 2005, in Arkansas, who died on February 10, 2005, in Freedom; service to the United States in Operation service to the United States in Operation (1578) honors the memory of Captain Or- Iraqi Freedom; Iraqi Freedom; lando A. Bonilla, 27, of Killeen, Texas, who (1596) honors the memory of Sergeant First (1614) honors the memory of Specialist died on January 28, 2005, in service to the Class Mark C. Warren, 44, of La Grande, Or- Robert A. McNail, 30, of Meridian, Mis- United States in Operation Iraqi Freedom; egon, who died on January 31, 2005, in service sissippi, who died on February 11, 2005, in (1579) honors the memory of Private First to the United States in Operation Iraqi Free- service to the United States in Operation Class Stephen A. Castellano, 21, of Long dom; Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 S13842 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1615) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- service to the United States in Operation Kristopher L. Shepherd, 26, of Lynchburg, dom; Iraqi Freedom; Virginia, who died on February 11, 2005, in (1634) honors the memory of First Lieuten- (1652) honors the memory of Private service to the United States in Operation ant Adam Malson, 23, of Rochester Hills, Landon S. Giles, 19, of Indiana, Pennsyl- Iraqi Freedom; Michigan, who died on February 19, 2005, in vania, who died on February 26, 2005, in serv- (1616) honors the memory of Private First service to the United States in Operation ice to the United States in Operation Iraqi Class David J. Brangman, 20, of Lake Worth, Iraqi Freedom; Freedom; Florida, who died on February 13, 2005, in (1635) honors the memory of Specialist (1653) honors the memory of Lance Cor- service to the United States in Operation Seth R. Trahan, 20, of Crowley, Louisiana, poral Andrew W. Nowacki, 24, of South Eu- Iraqi Freedom; who died on February 19, 2005, in service to clid, Ohio, who died on February 26, 2005, in (1617) honors the memory of Specialist the United States in Operation Iraqi Free- service to the United States in Operation Dakotah L. Gooding, 21, of Des Moines, Iowa, dom; Iraqi Freedom; who died on February 13, 2005, in service to (1636) honors the memory of Staff Sergeant (1654) honors the memory of Private First the United States in Operation Iraqi Free- David F. Day, 25, of Saint Louis Park, Min- Class Danny L. Anderson, 29, of Corpus dom; nesota, who died on February 21, 2005, in Christi, Texas, who died on February 27, 2005, (1618) honors the memory of Sergeant Rene service to the United States in Operation in service to the United States in Operation Knox, Jr., 22, of New Orleans, Louisiana, who Iraqi Freedom; Iraqi Freedom; died on February 13, 2005, in service to the (1637) honors the memory of Sergeant Jesse (1655) honors the memory of Second Lieu- United States in Operation Iraqi Freedom; M. Lhotka, 24, of Alexandria, Minnesota, tenant Richard Brian Gienau, 29, of Long- (1619) honors the memory of Sergeant Chad who died on February 21, 2005, in service to view, Iowa, who died on February 27, 2005, in W. Lake, 26, of Ocala, Florida, who died on the United States in Operation Iraqi Free- service to the United States in Operation February 13, 2005, in service to the United dom; Iraqi Freedom; States in Operation Iraqi Freedom; (1638) honors the memory of Corporal John (1656) honors the memory of Sergeant Julio (1620) honors the memory of Staff Sergeant T. Olson, 21, of Elk Grove Village, Illinois, E. Negron, 28, of Pompano Beach, Florida, Ray Rangel, 29, of San Antonio, Texas, who who died on February 21, 2005, in service to who died on February 28, 2005, in service to died on February 13, 2005, in service to the the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; dom; dom; (1621) honors the memory of Sergeant First (1639) honors the memory of First Lieuten- (1657) honors the memory of Specialist Class David J. Salie, 34, of Columbus, Geor- ant Jason G. Timmerman, 24, of Cottonwood/ Lizbeth Robles, 31, of Vega Baja, Puerto gia, who died on February 14, 2005, in service Tracy, Minnesota, who died on February 21, Rico, who died on March 1, 2005, in service to to the United States in Operation Iraqi Free- 2005, in service to the United States in Oper- the United States in Operation Iraqi Free- dom; ation Iraqi Freedom; dom; (1622) honors the memory of Private First (1640) honors the memory of Lance Cor- (1658) honors the memory of Specialist Class Michael A. Arciola, 20, of Elmsford, poral Trevor D. Aston, 32, of Austin, Texas, Azhar Ali, 27, of Flushing, New York, who New York, who died on February 15, 2005, in who died on February 22, 2005, in service to died on March 2, 2005, in service to the service to the United States in Operation the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Iraqi Freedom; dom; (1659) honors the memory of Specialist Wai (1623) honors the memory of Specialist (1641) honors the memory of Sergeant Pyoe Lwin, 27, of Queens, New York, who Katrina Lani Bell-Johnson, 32, of Orange- Nicholas J. Olivier, 26, of Ruston, Louisiana, died on March 2, 2005, in service to the burg, South Carolina, who died on February who died on February 23, 2005, in service to United States in Operation Iraqi Freedom; 16, 2005, in service to the United States in the United States in Operation Iraqi Free- (1660) honors the memory of Specialist Operation Iraqi Freedom; dom; Robert Shane Pugh, 25, of Meridian, Mis- (1624) honors the memory of Specialist Jus- (1642) honors the memory of Staff Sergeant sissippi, who died on March 2, 2005, in service tin B. Carter, 21, of Mansfield, Missouri, who Eric M. Steffeney, 28, of Waterloo, Iowa, who to the United States in Operation Iraqi Free- died on February 16, 2005, in service to the died on February 23, 2005, in service to the dom; United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; (1661) honors the memory of Sergeant First (1625) honors the memory of Staff Sergeant (1643) honors the memory of Staff Sergeant Class Michael D. Jones, 43, of Unity, Maine, Jason R. Hendrix, 28, of Freedom, California, Alexander B. Crackel, 31, of Wilstead, nr. who died on March 3, 2005, in service to the who died on February 16, 2005, in service to Bedford, England, who died on February 24, United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- 2005, in service to the United States in Oper- (1662) honors the memory of Sergeant First dom; ation Iraqi Freedom; Class Donald W. Eacho, 38, of Black Creek, (1626) honors the memory of Sergeant Tim- (1644) honors the memory of Specialist Mi- Wisconsin, who died on March 4, 2005, in othy R. Osbey, 34, of Magnolia, Mississippi, chael S. Deem, 35, of Rockledge, Florida, who service to the United States in Operation who died on February 16, 2005, in service to died on February 24, 2005, in service to the Iraqi Freedom; the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; (1663) honors the memory of Sergeant Seth dom; (1645) honors the memory of Staff Sergeant K. Garceau, 27, of Oelwein, Iowa, who died on (1627) honors the memory of Sergeant Daniel G. Gresham, 23, of Lincoln, Illinois, March 4, 2005, in service to the United States Adam J. Plumondore, 22, of Gresham, Or- who died on February 24, 2005, in service to in Operation Iraqi Freedom; egon, who died on February 16, 2005, in serv- the United States in Operation Iraqi Free- (1664) honors the memory of Captain Sean ice to the United States in Operation Iraqi dom; Grimes, 31, of Southfield, Michigan, who died Freedom; (1646) honors the memory of Specialist on March 4, 2005, in service to the United (1628) honors the memory of Sergeant Jacob C. Palmatier, 29, of Springfield, Illi- States in Operation Iraqi Freedom; Christopher M. Pusateri, 21, of Corning, New nois, who died on February 24, 2005, in serv- (1665) honors the memory of Corporal Ste- York, who died on February 16, 2005, in service to the United States in Operation Iraqi phen M. McGowan, 26, of Newark, Delaware, ice to the United States in Operation Iraqi Freedom; who died on March 4, 2005, in service to the Freedom; (1647) honors the memory of Specialist United States in Operation Iraqi Freedom; (1629) honors the memory of Specialist Jo- Adam Noel Brewer, 22, of Dewey/Bartlesville, (1666) honors the memory of Specialist seph A. Rahaim, 22, of Laurel, Mississippi, Oklahoma, who died on February 25, 2005, in Adriana N. Salem, 21, of Elk Grove Village, who died on February 16, 2005, in service to service to the United States in Operation Illinois, who died on March 4, 2005, in service the United States in Operation Iraqi Free- Iraqi Freedom; to the United States in Operation Iraqi Free- dom; (1648) honors the memory of Private First dom; (1630) honors the memory of Sergeant Class Colby M. Farnan, 22, of Weston, Mis- (1667) honors the memory of Staff Sergeant Frank B. Hernandez, 21, of Phoenix, Arizona, souri, who died on February 25, 2005, in serv- Juan M. Solorio, 32, of Dallas, Texas, who who died on February 17, 2005, in service to ice to the United States in Operation Iraqi died on March 4, 2005, in service to the the United States in Operation Iraqi Free- Freedom; United States in Operation Iraqi Freedom; dom; (1649) honors the memory of Private First (1668) honors the memory of Specialist (1631) honors the memory of Sergeant Car- Class Chassan S. Henry, 20, of West Palm Wade Michael Twyman, 27, of Vista, Cali- los J. Gil, 30, of Orlando, Florida, who died Beach, Florida, who died on February 25, fornia, who died on March 4, 2005, in service on February 18, 2005, in service to the United 2005, in service to the United States in Oper- to the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; ation Iraqi Freedom; dom; (1632) honors the memory of Corporal (1650) honors the memory of Specialist (1669) honors the memory of Sergeant An- Kevin Michael Clarke, 21, of Tinley Park, Il- Jason L. Moski, 24, of Blackville/Wagener, drew L. Bossert, 24, of Fountain City, Wis- linois, who died on February 19, 2005, in serv- South Carolina, who died on February 25, consin, who died on March 7, 2005, in service ice to the United States in Operation Iraqi 2005, in service to the United States in Oper- to the United States in Operation Iraqi Free- Freedom; ation Iraqi Freedom; dom; (1633) honors the memory of Specialist (1651) honors the memory of Private First (1670) honors the memory of Private First Clinton R. Gertson, 26, of Houston, Texas, Class Min-su Choi, 21, of River Vale, New Class Michael W. Franklin, 22, of who died on February 19, 2005, in service to Jersey, who died on February 26, 2005, in Coudersport, Pennsylvania, who died on

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13843 March 7, 2005, in service to the United States (1689) honors the memory of Specialist ida, who died on April 5, 2005, in service to in Operation Iraqi Freedom; Brett M. Hershey, 23, of State College, Penn- the United States in Operation Iraqi Free- (1671) honors the memory of Specialist sylvania, who died on March 26, 2005, in serv- dom; Matthew A. Koch, 23, of West Henrietta, New ice to the United States in Operation Endur- (1708) honors the memory of Specialist York, who died on March 9, 2005, in service to ing Freedom; Glenn J. Watkins, 42, of Carlsbad, California, the United States in Operation Iraqi Free- (1690) honors the memory of Master Ser- who died on April 5, 2005, in service to the dom; geant Michael T. Hiester, 33, of Bluffton, In- United States in Operation Iraqi Freedom; (1672) honors the memory of Petty Officer diana, who died on March 26, 2005, in service (1709) honors the memory of Chief Warrant First Class Alec Mazur, 35, of Vernon, New to the United States in Operation Enduring Officer David Ayala, 24, of New York, New York, who died on March 9, 2005, in service to Freedom; York, who died on April 6, 2005, in service to the United States in Operation Enduring (1691) honors the memory of Sergeant Isiah the United States in Operation Enduring Freedom; J. Sinclair, 31, of Natchitoches, Louisiana, Freedom; (1673) honors the memory of Staff Sergeant who died on March 26, 2005, in service to the (1710) honors the memory of Sergeant Donald D. Griffith, Jr., 29, of Mechanicsville, United States in Operation Iraqi Freedom; Major Barbaralien Banks, 41, of Harvey, Lou- Iowa, who died on March 11, 2005, in service (1692) honors the memory of Private First isiana, who died on April 6, 2005, in service to to the United States in Operation Iraqi Free- Class Norman K. Snyder, 21, of Carlisle, Indi- the United States in Operation Enduring dom; ana, who died on March 26, 2005, in service to Freedom; (1674) honors the memory of Specialist the United States in Operation Enduring (1711) honors the memory of Captain David Freedom; Nicholas E. Wilson, 21, of Glendale, Arizona, S. Connolly, 37, of Boston, Massachusetts, (1693) honors the memory of Private First who died on March 11, 2005, in service to the who died on April 6, 2005, in service to the Class Samuel S. Lee, 19, of Anaheim, Cali- United States in Operation Iraqi Freedom; United States in Operation Enduring Free- fornia, who died on March 28, 2005, in service (1675) honors the memory of Lance Cor- dom; to the United States in Operation Iraqi Free- poral Joshua L. Torrence, 20, of Lexington, (1712) honors the memory of Specialist dom; South Carolina, who died on March 14, 2005, Daniel J. Freeman, 20, of Cincinnati, Ohio, (1694) honors the memory of Sergeant in service to the United States in Operation Kelly S. Morris, 24, of Boise, Idaho, who died who died on April 6, 2005, in service to the Iraqi Freedom; on March 30, 2005, in service to the United United States in Operation Enduring Free- (1676) honors the memory of Specialist States in Operation Iraqi Freedom; dom; Paul M. Heltzel, 39, of Baton Rouge, Lou- (1695) honors the memory of Sergeant Ken- (1713) honors the memory of Sergeant Ste- isiana, who died on March 15, 2005, in service neth L. Ridgley, 30, of Olney, Illinois, who phen C. High, 45, of Spartanburg, South to the United States in Operation Iraqi Free- died on March 30, 2005, in service to the Carolina, who died on April 6, 2005, in service dom; United States in Operation Iraqi Freedom; to the United States in Operation Enduring (1677) honors the memory of Staff Sergeant (1696) honors the memory of Specialist Eric Freedom; Ricky A. Kieffer, 36, of Ovid, Michigan, who L. Toth, 21, of Edmonton, Kentucky, who (1714) honors the memory of Sergeant died on March 15, 2005, in service to the died on March 30, 2005, in service to the James Shawn Lee, 26, of Mount Vernon, Indi- United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; ana, who died on April 6, 2005, in service to (1678) honors the memory of Staff Sergeant (1697) honors the memory of Warrant Offi- the United States in Operation Enduring Shane M. Koele, 25, of Wayne, Nebraska, who cer Charles G. Wells, Jr., 32, of Montgomery, Freedom; died on March 16, 2005, in service to the Alabama, who died on March 30, 2005, in serv- (1715) honors the memory of Master Ser- United States in Operation Enduring Free- ice to the United States in Operation Iraqi geant Edwin A. Matoscolon, 42, of Juana dom; Freedom; Diaz, Puerto Rico, who died on April 6, 2005, (1679) honors the memory of Specialist (1698) honors the memory of Sergeant First in service to the United States in Operation Rocky D. Payne, 26, of Howell, Utah, who Class Robbie D. McNary, 42, of Lewistown, Enduring Freedom; died on March 16, 2005, in service to the Montana, who died on March 31, 2005, in serv- (1716) honors the memory of Major Edward United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi J. Murphy, 36, of Mount Pleasant, South (1680) honors the memory of Private First Freedom; Carolina, who died on April 6, 2005, in service Class Lee A. Lewis, Jr., 28, of Norfolk, Vir- (1699) honors the memory of Corporal to the United States in Operation Enduring ginia, who died on March 18, 2005, in service Garrywesley Tan Rimes, 30, of Santa Maria, Freedom; to the United States in Operation Iraqi Free- California, who died on April 1, 2005, in serv- (1717) honors the memory of Chief Warrant dom; ice to the United States in Operation Iraqi Officer Clint J. Prather, 32, of Cheney, Wash- (1681) honors the memory of Specialist Freedom; ington, who died on April 6, 2005, in service Jonathan A. Hughes, 21, of Lebanon, Ken- (1700) honors the memory of Lance Cor- to the United States in Operation Enduring tucky, who died on March 19, 2005, in service poral Tenzin Dengkhim, 19, of Falls Church, Freedom; to the United States in Operation Iraqi Free- Virginia, who died on April 2, 2005, in service (1718) honors the memory of Staff Sergeant dom; to the United States in Operation Iraqi Free- Charles R. Sanders, Jr., 29, of Charleston, (1682) honors the memory of Specialist dom; Missouri, who died on April 6, 2005, in service Francisco G. Martinez, 20, of Fort Worth, (1701) honors the memory of Staff Sergeant to the United States in Operation Enduring Texas, who died on March 20, 2005, in service Ioasa F. Tavae, Jr., 29, of Pago Pago, Amer- Freedom; to the United States in Operation Iraqi Free- ican Samoa, who died on April 2, 2005, in (1719) honors the memory of Specialist Mi- dom; service to the United States in Operation chael K. Spivey, 21, of Fayetteville, North (1683) honors the memory of Sergeant Paul Iraqi Freedom; Carolina, who died on April 6, 2005, in service W. Thomason III, 37, of Talbot, Tennessee, (1702) honors the memory of Corporal Wil- to the United States in Operation Enduring who died on March 20, 2005, in service to the liam D. Richardson, 23, of Moreno Valley, Freedom; United States in Operation Iraqi Freedom; California, who died on April 3, 2005, in serv- (1720) honors the memory of Specialist (1684) honors the memory of Lance Cor- ice to the United States in Operation Iraqi Chrystal Gaye Stout, 23, of Travelers Rest, poral Kevin S. Smith, 20, of Springfield, Freedom; South Carolina, who died on April 6, 2005, in Ohio, who died on March 21, 2005, in service (1703) honors the memory of Sergeant service to the United States in Operation En- to the United States in Operation Iraqi Free- James Alexander Sherrill, 27, of Ekron, Ken- during Freedom; dom; tucky, who died on April 3, 2005, in service to (1721) honors the memory of Specialist (1685) honors the memory of Specialist the United States in Operation Iraqi Free- Sascha Struble, 20, of Philadelphia, New Travis R. Bruce, 22, of Rochester/Byron, Min- dom; York, who died on April 6, 2005, in service to nesota, who died on March 23, 2005, in service (1704) honors the memory of Staff Sergeant the United States in Operation Enduring to the United States in Operation Iraqi Free- Christopher W. Dill, 32, of Tonawanda, New Freedom; dom; York, who died on April 4, 2005, in service to (1722) honors the memory of Private First (1686) honors the memory of Corporal the United States in Operation Iraqi Free- Class Pendelton L. Sykes II, 25, of Chesa- Bryan J. Richardson, 23, of Summersville, dom; peake, Virginia, who died on April 6, 2005, in West Virginia, who died on March 25, 2005, in (1705) honors the memory of Sergeant First service to the United States in Operation En- service to the United States in Operation Class Stephen C. Kennedy, 35, of Oak Ridge, during Freedom; Iraqi Freedom; Tennessee, who died on April 4, 2005, in serv- (1723) honors the memory of Staff Sergeant (1687) honors the memory of Captain Mi- ice to the United States in Operation Iraqi Romanes L. Woodard, 30, of Hertford, North chael T. Fiscus, 36, of Milford, Indiana, who Freedom; Carolina, who died on April 6, 2005, in service died on March 26, 2005, in service to the (1706) honors the memory of Lance Cor- to the United States in Operation Enduring United States in Operation Enduring Free- poral Jeremiah C. Kinchen, 22, of Salcha, Freedom; dom; Alaska, who died on April 4, 2005, in service (1724) honors the memory of Lance Cor- (1688) honors the memory of Sergeant Lee to the United States in Operation Iraqi Free- poral Juan C. Venegas, 21, of Simi Valley, M. Godbolt, 23, of New Orleans, Louisiana, dom; California, who died on April 7, 2005, in serv- who died on March 26, 2005, in service to the (1707) honors the memory of Sergeant ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Javier J. Garcia, 25, of Crawfordville, Flor- Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 S13844 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1725) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Kevin Dewayne Davis, 41, of Lebanon, Or- dom; dom; egon, who died on April 8, 2005, in service to (1745) honors the memory of Private First (1764) honors the memory of Captain Ste- the United States in Operation Iraqi Free- Class Robert A. ‘‘Bobby’’ Guy, 26, of Wil- phen W. Frank, 29, of Lansing, Michigan, dom; lards, Maryland, who died on April 21, 2005, who died on April 29, 2005, in service to the (1726) honors the memory of Private First in service to the United States in Operation United States in Operation Iraqi Freedom; Class Casey M. LaWare, 19, of Redding, Cali- Iraqi Freedom; (1765) honors the memory of Second Lieu- fornia, who died on April 9, 2005, in service to (1746) honors the memory of Private First tenant Clifford V. ‘‘CC’’ Gadsden, 25, of Red the United States in Operation Iraqi Free- Class Gavin J. Colburn, 20, of Frankfort, Top, South Carolina, who died on April 29, dom; Ohio, who died on April 22, 2005, in service to 2005, in service to the United States in Oper- (1727) honors the memory of Corporal Tyler the United States in Operation Iraqi Free- ation Iraqi Freedom; J. Dickens, 20, of Columbus, Georgia, who dom; (1766) honors the memory of Captain Ralph died on April 12, 2005, in service to the (1747) honors the memory of Sergeant An- J. ‘‘Jay’’ Harting III, 28, of Union Lake, United States in Operation Iraqi Freedom; thony J. Davis, Jr., 22, of Long Beach, Cali- Michigan, who died on April 29, 2005, in serv- (1728) honors the memory of Specialist fornia, who died on April 23, 2005, in service ice to the United States in Operation Iraqi Manuel Lopez III, 20, of Cape Coral, Florida, to the United States in Operation Iraqi Free- Freedom; who died on April 12, 2005, in service to the dom; (1767) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; (1748) honors the memory of Seaman Aaron Juan de Dios Garcia-Arana, 27, of Los Ange- (1729) honors the memory of Specialist A. Kent, 28, of Portland, Oregon, who died on les, California, who died on April 30, 2005, in John W. Miller, 21, of West Burlington, Iowa, April 23, 2005, in service to the United States service to the United States in Operation who died on April 12, 2005, in service to the in Operation Iraqi Freedom; Iraqi Freedom; United States in Operation Iraqi Freedom; (1749) honors the memory of Corporal (1768) honors the memory of Sergeant (1730) honors the memory of Corporal Mi- Kevin William Prince, 22, of Plain City, Ohio, Kenya A. Parker, 26, of Fairfield, Alabama, chael B. Lindemuth, 27, of Petoskey, Michi- who died on April 23, 2005, in service to the who died on April 30, 2005, in service to the gan, who died on April 13, 2005, in service to United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (1750) honors the memory of Private Rob- (1769) honors the memory of Specialist Der- dom; ert C. White III, 21, of Camden, New Jersey, rick Joseph Lutters, 24, of Burlington, Colo- (1731) honors the memory of Captain James who died on April 23, 2005, in service to the rado, who died on May 1, 2005, in service to C. Edge, 31, of Virginia Beach, Virginia, who United States in Operation Enduring Free- the United States in Operation Iraqi Free- died on April 14, 2005, in service to the dom; dom; United States in Operation Iraqi Freedom; (1751) honors the memory of Specialist (1770) honors the memory of Captain Kelly (1732) honors the memory of Specialist Robert W. Defazio, 21, of West Babylon, New C. Hinz, 30, of Woodbury, Minnesota, who Aleina Ramirezgonzalez, 33, of Hormigueros, York, who died on April 24, 2005, in service to died on May 2, 2005, in service to the United Puerto Rico, who died on April 15, 2005, in the United States in Operation Enduring States in Operation Iraqi Freedom; service to the United States in Operation Freedom; (1771) honors the memory of Staff Sergeant Iraqi Freedom; (1752) honors the memory of Specialist Tommy S. Little, 47, of Aliceville, Alabama, (1733) honors the memory of Private Aaron Gary W. Walters, Jr., 31, of Victoria, Texas, who died on May 2, 2005, in service to the M. Hudson, 20, of Highland Village, Texas, who died on April 24, 2005, in service to the United States in Operation Iraqi Freedom; who died on April 16, 2005, in service to the United States in Operation Iraqi Freedom; (1772) honors the memory of Sergeant John United States in Operation Iraqi Freedom; (1753) honors the memory of First Sergeant E. McGee, 36, of Columbus, Georgia, who died (1734) honors the memory of Sergeant An- Timmy J. Millsap, 39, of Wichita, Kansas, on May 2, 2005, in service to the United gelo L. Lozada, Jr., 36, of Brooklyn, New who died on April 25, 2005, in service to the States in Operation Iraqi Freedom; York, who died on April 16, 2005, in service to United States in Operation Iraqi Freedom; (1773) honors the memory of Major John C. the United States in Operation Iraqi Free- (1754) honors the memory of Sergeant First Spahr, 42, of Cherry Hill, New Jersey, who dom; Class Allen C. Johnson, 31, of Los Molinos, died on May 2, 2005, in service to the United (1735) honors the memory of Specialist California, who died on April 26, 2005, in serv- States in Operation Iraqi Freedom; Randy Lee Stevens, 21, of Swartz Creek, ice to the United States in Operation Endur- (1774) honors the memory of Staff Sergeant Michigan, who died on April 16, 2005, in serving Freedom; William J. Brooks, 30, of Birmingham, Ala- ice to the United States in Operation Iraqi (1755) honors the memory of Specialist bama, who died on May 3, 2005, in service to Freedom; David L. Rice, 22, of Sioux City, Iowa, who the United States in Operation Iraqi Free- (1736) honors the memory of Sergeant died on April 26, 2005, in service to the dom; Tromaine K. Toy, Sr., 24, of Eastville, Vir- United States in Operation Iraqi Freedom; (1775) honors the memory of Sergeant Ste- ginia, who died on April 16, 2005, in service to (1756) honors the memory of Corporal Jo- phen P. Saxton, 24, of Temecula, California, the United States in Operation Iraqi Free- seph S. Tremblay, 23, of New Windsor, New who died on May 3, 2005, in service to the dom; York, who died on April 27, 2005, in service to United States in Operation Iraqi Freedom; (1737) honors the memory of Private Jo- the United States in Operation Iraqi Free- (1776) honors the memory of Sergeant seph L. Knott, 21, of Yuma, Arizona, who dom; Aaron N. Cepeda, Sr., 22, of San Antonio, died on April 17, 2005, in service to the (1757) honors the memory of First Lieuten- Texas, who died on May 7, 2005, in service to United States in Operation Iraqi Freedom; ant William A. Edens, 29, of Columbia, Mis- the United States in Operation Iraqi Free- (1738) honors the memory of Private First souri, who died on April 28, 2005, in service to dom; Class Steven F. Sirko, 20, of Portage, Indi- the United States in Operation Iraqi Free- (1777) honors the memory of Lance Cor- ana, who died on April 17, 2005, in service to dom; poral Lance Tanner Graham, 26, of San Anto- the United States in Operation Iraqi Free- (1758) honors the memory of Sergeant Tim- nio, Texas, who died on May 7, 2005, in serv- dom; othy Craig Kiser, 37, of Tehama, California, ice to the United States in Operation Iraqi (1739) honors the memory of Private First who died on April 28, 2005, in service to the Freedom; Class Sam W. Huff, 18, of Tucson, Arizona, United States in Operation Iraqi Freedom; (1778) honors the memory of Sergeant Mi- who died on April 18, 2005, in service to the (1759) honors the memory of Sergeant Eric chael A. Marzano, 28, of Greenville, Pennsyl- United States in Operation Iraqi Freedom; Wayne Morris, 31, of Sparks, Nevada, who vania, who died on May 7, 2005, in service to (1740) honors the memory of Major Steven died on April 28, 2005, in service to the the United States in Operation Iraqi Free- W. Thornton, 46, of Eugene, Oregon, who died United States in Operation Iraqi Freedom; dom; on April 18, 2005, in service to the United (1760) honors the memory of Private First (1779) honors the memory of Lance Cor- States in Operation Iraqi Freedom; Class Robert W. Murray, Jr., 21, of Westfield, poral Michael V. Postal, 21, of Glen Oaks, (1741) honors the memory of Specialist Indiana, who died on April 28, 2005, in service New York, who died on May 7, 2005, in service Jacob M. Pfister, 27, of Buffalo, New York, to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- who died on April 19, 2005, in service to the dom; dom; United States in Operation Iraqi Freedom; (1761) honors the memory of Specialist (1780) honors the memory of Petty Officer (1742) honors the memory of Private First Ricky W. Rockholt, Jr., 28, of Winston, Or- Third Class Jeffery L. Wiener, 32, of Louis- Class Kevin S.K. Wessel, 20, of Newport, Or- egon, who died on April 28, 2005, in service to ville, Kentucky, who died on May 7, 2005, in egon, who died on April 19, 2005, in service to the United States in Operation Iraqi Free- service to the United States in Operation the United States in Operation Iraqi Free- dom; Iraqi Freedom; dom; (1762) honors the memory of Private (1781) honors the memory of Corporal (1743) honors the memory of Corporal Kelly Charles S. Cooper, Jr., 19, of Jamestown, New Dustin A. Derga, 24, of Columbus, Ohio, who M. Cannan, 21, of Lowville, New York, who York, who died on April 29, 2005, in service to died on May 8, 2005, in service to the United died on April 20, 2005, in service to the the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; dom; (1782) honors the memory of Sergeant Gary (1744) honors the memory of Lance Cor- (1763) honors the memory of Private First A. ‘‘Andy’’ Eckert, Jr., 24, of Sylvania, Ohio, poral Marty G. Mortenson, 22, of Flagstaff, Class Darren A. Deblanc, 20, of Evansville, who died on May 8, 2005, in service to the Arizona, who died on April 20, 2005, in service Indiana, who died on April 29, 2005, in service United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13845 (1783) honors the memory of Specialist Ste- Connecticut, who died on May 11, 2005, in died on May 22, 2005, in service to the United ven Ray Givens, 26, of Mobile, Alabama, who service to the United States in Operation States in Operation Iraqi Freedom; died on May 8, 2005, in service to the United Iraqi Freedom; (1821) honors the memory of First Lieuten- States in Operation Iraqi Freedom; (1802) honors the memory of Sergeant An- ant Aaron N. Seesan, 25, of Massillon, Ohio, (1784) honors the memory of Staff Sergeant drew R. Jodon, 27, of Karthaus, Pennsyl- who died on May 22, 2005, in service to the Thor H. Ingraham, 24, of Murrysville, Penn- vania, who died on May 12, 2005, in service to United States in Operation Iraqi Freedom; sylvania, who died on May 8, 2005, in service the United States in Operation Iraqi Free- (1822) honors the memory of Sergeant to the United States in Operation Iraqi Free- dom; Charles T. Wilkerson, 30, of Kansas City, dom; (1803) honors the memory of Sergeant John Missouri, who died on May 22, 2005, in service (1785) honors the memory of Lance Cor- M. Smith, 22, of Wilmington, North Carolina, to the United States in Operation Iraqi Free- poral Nicholas C. Kirven, 21, of Fairfax/Rich- who died on May 12, 2005, in service to the dom; mond, Virginia, who died on May 8, 2005, in United States in Operation Iraqi Freedom; (1823) honors the memory of Specialist service to the United States in Operation En- (1804) honors the memory of Private First Bryan Edward Barron, 26, of Biloxi, Mis- during Freedom; Class Kenneth E. Zeigler II, 22, of Dillsburg, sissippi, who died on May 23, 2005, in service (1786) honors the memory of Private First Pennsylvania, who died on May 12, 2005, in to the United States in Operation Iraqi Free- Class Nicolas E. Messmer, 20, of Gahanna/ service to the United States in Operation dom; Franklin, Ohio, who died on May 8, 2005, in Iraqi Freedom; (1824) honors the memory of Specialist service to the United States in Operation (1805) honors the memory of Private First Joshua T. Brazee, 25, of Sand Creek, Michi- Iraqi Freedom; Class Travis W. Anderson, 28, of Hooper, Col- gan, who died on May 23, 2005, in service to (1787) honors the memory of Lance Cor- orado, who died on May 13, 2005, in service to the United States in Operation Iraqi Free- poral Lawrence R. Philippon, 22, of Hartford, the United States in Operation Iraqi Free- dom; Connecticut, who died on May 8, 2005, in dom; (1825) honors the memory of Private First service to the United States in Operation (1806) honors the memory of Sergeant Class Kyle M. Hemauer, 21, of Chilton, Wis- Iraqi Freedom; Charles C. Gillican III, 35, of Brunswick, consin, who died on May 23, 2005, in service (1788) honors the memory of Corporal Rich- ard P. Schoener, 22, of Hayes, Louisiana, who Georgia, who died on May 14, 2005, in service to the United States in Operation Enduring died on May 8, 2005, in service to the United to the United States in Operation Iraqi Free- Freedom; States in Operation Enduring Freedom; dom; (1826) honors the memory of Specialist Au- (1789) honors the memory of Private First (1807) honors the memory of Sergeant drey Daron Lunsford, 29, of Sardis, Mis- Class Stephen P. Baldwyn, 19, of Saltillo, Jacob M. Simpson, 24, of Hood River/Ash- sissippi, who died on May 23, 2005, in service Mississippi, who died on May 9, 2005, in serv- land, Oregon, who died on May 16, 2005, in to the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi service to the United States in Operation dom; Freedom; Iraqi Freedom; (1827) honors the memory of Staff Sergeant (1790) honors the memory of Staff Sergeant (1808) honors the memory of Private First Saburant ‘‘Sabe’’ Parker, 43, of Foxworth, Anthony L. Goodwin, 33, of Mount Holly, Class Wesley R. Riggs, 19, of Baytown, Texas, Mississippi, who died on May 23, 2005, in serv- New Jersey, who died on May 9, 2005, in serv- who died on May 17, 2005, in service to the ice to the United States in Operation Iraqi ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Freedom; Freedom; (1809) honors the memory of Sergeant (1828) honors the memory of Sergeant (1791) honors the memory of Lance Cor- Antwan L. ‘‘Twan’’ Walker, 22, of Tampa, Christopher S. Perez, 30, of Hutchinson, Kan- poral Marcus Mahdee, 20, of Fort Walton Florida, who died on May 18, 2005, in service sas, who died on May 23, 2005, in service to Beach, Florida, who died on May 9, 2005, in to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- service to the United States in Operation dom; dom; Iraqi Freedom; (1810) honors the memory of Private First (1829) honors the memory of Sergeant Dan- (1792) honors the memory of Lance Cor- Class Wyatt D. Eisenhauer, 26, of iel Ryan Varnado, 23, of Saucier, Mississippi, poral Taylor B. Prazynski, 20, of Fairfield, Pinckneyville, Illinois, who died on May 19, who died on May 23, 2005, in service to the Ohio, who died on May 9, 2005, in service to 2005, in service to the United States in Oper- United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- ation Iraqi Freedom; (1830) honors the memory of Staff Sergeant dom; (1811) honors the memory of Sergeant Russell J. Verdugo, 34, of Phoenix, Arizona, (1793) honors the memory of First Sergeant Robin V. Fell, 22, of Shreveport, Louisiana, who died on May 23, 2005, in service to the Michael J. Bordelon, 37, of Morgan City, who died on May 19, 2005, in service to the United States in Operation Iraqi Freedom; Louisiana, who died on May 10, 2005, in serv- United States in Operation Iraqi Freedom; (1831) honors the memory of Sergeant First ice to the United States in Operation Iraqi (1812) honors the memory of Specialist Ber- Class Randy D. Collins, 36, of Long Beach, Freedom; nard L. Sembly, 25, of Bossier City, Lou- California, who died on May 24, 2005, in serv- (1794) honors the memory of Staff Sergeant isiana, who died on May 19, 2005, in service to ice to the United States in Operation Iraqi Samuel Tyrone Castle, 26, of Naples, Texas, the United States in Operation Iraqi Free- Freedom; who died on May 11, 2005, in service to the dom; (1832) honors the memory of Sergeant United States in Operation Iraqi Freedom; (1813) honors the memory of Sergeant Kurt Charles A. ‘‘Chuck’’ Drier, 28, of Tuscola (1795) honors the memory of Lance Cor- D. Schamberg, 26, of Euclid, Ohio, who died County, Michigan, who died on May 24, 2005, poral Wesley G. Davids, 20, of Dublin, Ohio, on May 20, 2005, in service to the United in service to the United States in Operation who died on May 11, 2005, in service to the States in Operation Iraqi Freedom; Iraqi Freedom; United States in Operation Iraqi Freedom; (1814) honors the memory of Sergeant Brad (1833) honors the memory of Specialist (1796) honors the memory of Private First A. Wentz, 21, of Gladwin, Michigan, who died Dustin C. Fisher, 22, of Fort Smith, Arkan- Class Christopher R. Dixon, 18, of Columbus, on May 20, 2005, in service to the United sas, who died on May 24, 2005, in service to Ohio, who died on May 11, 2005, in service to States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- (1815) honors the memory of Corporal Ste- dom; dom; ven Charles Tucker, 19, of Grapevine, Texas, (1834) honors the memory of Sergeant First (1797) honors the memory of Lance Cor- who died on May 21, 2005, in service to the Class Peter J. Hahn, 31, of Metairie, Lou- poral Nicholas B. Erdy, 21, of Williamsburg, United States in Operation Enduring Free- isiana, who died on May 24, 2005, in service to Ohio, who died on May 11, 2005, in service to dom; the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- (1816) honors the memory of Specialist dom; dom; Tyler L. Creamean, 21, of Jacksonville, Ar- (1835) honors the memory of Private First (1798) honors the memory of Lance Cor- kansas, who died on May 22, 2005, in service Class Jeffrey R. Wallace, 20, of Hoopeston, Il- poral Jonathan Walter Grant, 23, of Santa to the United States in Operation Iraqi Free- linois, who died on May 24, 2005, in service to Fe, New Mexico, who died on May 11, 2005, in dom; the United States in Operation Iraqi Free- service to the United States in Operation (1817) honors the memory of Sergeant Carl dom; Iraqi Freedom; J. Morgain, 40, of Butler, Pennsylvania, who (1836) honors the memory of Sergeant Al- (1799) honors the memory of Lance Cor- died on May 22, 2005, in service to the United fred Barton Siler, 33, of Duff, Tennessee, who poral Jourdan L. Grez, 24, of Harrisonburg, States in Operation Iraqi Freedom; died on May 25, 2005, in service to the United Virginia, who died on May 11, 2005, in service (1818) honors the memory of Sergeant Ben- States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- jamin C. Morton, 24, of Wright, Kansas, who (1837) honors the memory of Sergeant dom; died on May 22, 2005, in service to the United David Neil Wimberg, 24, of Louisville, Ken- (1800) honors the memory of Staff Sergeant States in Operation Iraqi Freedom; tucky, who died on May 25, 2005, in service to Kendall H. Ivy II, 28, of Galion/Crawford, (1819) honors the memory of Sergeant John the United States in Operation Iraqi Free- Ohio, who died on May 11, 2005, in service to B. Ogburn III, 45, of Fruitland, Idaho, who dom; the United States in Operation Iraqi Free- died on May 22, 2005, in service to the United (1838) honors the memory of Major Ricardo dom; States in Operation Iraqi Freedom; A. Crocker, 39, of Mission Viejo, California, (1801) honors the memory of Lance Cor- (1820) honors the memory of Sergeant Ken- who died on May 26, 2005, in service to the poral John T. Schmidt III, 21, of Brookfield, neth J. Schall, 22, of Peoria, Arizona, who United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.183 S16DEPT1 S13846 CONGRESSIONAL RECORD — SENATE December 16, 2005 (1839) honors the memory of Chief Warrant (1858) honors the memory of Captain (1877) honors the memory of Lance Cor- Officer (CW4) Matthew Scott Lourey, 40, of Charles D. Robinson, 29, of Haddon Heights, poral Marc Lucas Tucker, 24, of Pontotoc, East Bethel, Minnesota, who died on May 27, New Jersey, who died on June 3, 2005, in serv- Mississippi, who died on June 8, 2005, in serv- 2005, in service to the United States in Oper- ice to the United States in Operation Endur- ice to the United States in Operation Iraqi ation Iraqi Freedom; ing Freedom; Freedom; (1840) honors the memory of Sergeant (1859) honors the memory of Civilian Linda (1878) honors the memory of Lance Cor- Mark A. Maida, 22, of Madison, Wisconsin, J. Villar, 41, of Franklinton, Louisiana, who poral Dustin V. Birch, 22, of Saint Anthony, who died on May 27, 2005, in service to the died on June 3, 2005, in service to the United Idaho, who died on June 9, 2005, in service to United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- (1841) honors the memory of Chief Warrant (1860) honors the memory of Specialist dom; Officer (CW2) Joshua Michael Scott, 28, of Carrie L. French, 19, of Caldwell, Idaho, who (1879) honors the memory of Lance Cor- Sun Prairie, Wisconsin, who died on May 27, died on June 5, 2005, in service to the United poral Daniel Chavez, 20, of Seattle, Wash- 2005, in service to the United States in Oper- States in Operation Iraqi Freedom; ington, who died on June 9, 2005, in service to ation Iraqi Freedom; (1861) honors the memory of Specialist Eric the United States in Operation Iraqi Free- (1842) honors the memory of First Sergeant J. Poelman, 21, of Racine, Wisconsin, who dom; Michael S. Barnhill, 39, of Folsom, Cali- died on June 5, 2005, in service to the United (1880) honors the memory of Staff Sergeant fornia, who died on May 28, 2005, in service to States in Operation Iraqi Freedom; Mark O. Edwards, 40, of Unicoi, Tennessee, the United States in Operation Iraqi Free- (1862) honors the memory of Private First who died on June 9, 2005, in service to the dom; Class Brian Scott ‘‘Scotty’’ Ulbrich, 23, of United States in Operation Iraqi Freedom; (1843) honors the memory of Specialist Chapmanville, West Virginia, who died on (1881) honors the memory of Lance Cor- Phillip N. Sayles, 26, of Jacksonville, Arkan- June 5, 2005, in service to the United States poral Thomas O. Keeling, 23, of Strongsville, sas, who died on May 28, 2005, in service to in Operation Iraqi Freedom; Ohio, who died on June 9, 2005, in service to the United States in Operation Iraqi Free- (1863) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- dom; Justin L. Vasquez, 26, of Manzanola, Colo- dom; (1844) honors the memory of Lieutenant rado, who died on June 5, 2005, in service to (1882) honors the memory of Sergeant Colonel Albert E. Smart, 41, of San Antonio, the United States in Operation Iraqi Free- David Joseph Murray, 23, of Felixville/Clin- Texas, who died on May 28, 2005, in service to dom; ton, Louisiana, who died on June 9, 2005, in the United States in Operation Iraqi Free- (1864) honors the memory of Colonel Theo- service to the United States in Operation dom; dore S. Westhusing, 44, of Dallas, Texas, who Iraqi Freedom; (1845) honors the memory of Staff Sergeant died on June 5, 2005, in service to the United (1883) honors the memory of Lance Cor- Victor M. Cortes III, 29, of Erie, Pennsyl- States in Operation Iraqi Freedom; poral Devon Paul Seymour, 21, of St. Louis- vania, who died on May 29, 2005, in service to (1865) honors the memory of Lance Cor- ville, Ohio, who died on June 9, 2005, in serv- the United States in Operation Iraqi Free- poral Robert T. Mininger, 21, of Sellersville, ice to the United States in Operation Iraqi dom; Pennsylvania, who died on June 6, 2005, in Freedom; (1846) honors the memory of Captain Derek service to the United States in Operation (1884) honors the memory of Corporal Brad Argel, 28, of Lompoc, California, who died on Iraqi Freedom; D. Squires, 26, of Middleburg Heights, Ohio, May 30, 2005, in service to the United States (1866) honors the memory of Specialist who died on June 9, 2005, in service to the in Operation Iraqi Freedom; Brian M. Romines, 20, of Simpson, Illinois, United States in Operation Iraqi Freedom; (1847) honors the memory of Staff Sergeant who died on June 6, 2005, in service to the (1885) honors the memory of Lance Cor- Casey Crate, 26, of Spanaway, Washington, United States in Operation Iraqi Freedom; poral Mario Alberto Castillo, 20, of Brown- who died on May 30, 2005, in service to the (1867) honors the memory of Lance Cor- wood, Texas, who died on June 10, 2005, in United States in Operation Iraqi Freedom; poral Jonathan L. Smith, 22, of Eva, Ala- service to the United States in Operation (1848) honors the memory of Major William bama, who died on June 6, 2005, in service to Iraqi Freedom; Downs, 40, of Winchester, Virginia, who died the United States in Operation Iraqi Free- (1886) honors the memory of Sergeant First on May 30, 2005, in service to the United dom; Class Victor H. Cervantes, 27, of Stockton, States in Operation Iraqi Freedom; (1868) honors the memory of Specialist Eric California, who died on June 10, 2005, in serv- (1849) honors the memory of Captain Jer- T. Burri, 21, of Wyoming, Michigan, who died ice to the United States in Operation Endur- emy Fresques, 26, of Clarkdale, Arizona, who on June 7, 2005, in service to the United ing Freedom; died on May 30, 2005, in service to the United States in Operation Iraqi Freedom; (1887) honors the memory of Lance Cor- States in Operation Iraqi Freedom; (1869) honors the memory of Lieutenant poral Andrew J. Kilpela, 22, of Fowlerville, (1850) honors the memory of Corporal Jef- Colonel Terrence K. Crowe, 44, of New York, Michigan, who died on June 10, 2005, in serv- frey B. Starr, 22, of Snohomish, Washington, New York, who died on June 7, 2005, in service to the United States in Operation Iraqi who died on May 30, 2005, in service to the ice to the United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Freedom; (1888) honors the memory of Sergeant (1851) honors the memory of Sergeant First (1870) honors the memory of First Lieuten- Larry R. Arnold, Sr., 46, of Carriere, Mis- Class Steven M. Langmack, 33, of Seattle, ant Louis E. Allen, 34, of Milford, Pennsyl- sissippi, who died on June 11, 2005, in service Washington, who died on May 31, 2005, in vania, who died on June 8, 2005, in service to to the United States in Operation Iraqi Free- service to the United States in Operation the United States in Operation Iraqi Free- dom; Iraqi Freedom; dom; (1889) honors the memory of Specialist (1852) honors the memory of Sergeant (1871) honors the memory of Sergeant Ro- Casey Byers, 22, of Schleswig, Iowa, who died Miguel A. Ramos, 39, of Mayaguez, Puerto berto Arizola, Jr., 31, of Laredo, Texas, who on June 11, 2005, in service to the United Rico, who died on May 31, 2005, in service to died on June 8, 2005, in service to the United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; (1890) honors the memory of Corporal Stan- dom; (1872) honors the memory of Captain Phil- ley J. Lapinski, 35, of Las Vegas, Nevada, (1853) honors the memory of Staff Sergeant lip T. Esposito, 30, of Suffern, New York, who who died on June 11, 2005, in service to the Virgil R. Case, 37, of Mountain Home, Idaho, died on June 8, 2005, in service to the United United States in Operation Iraqi Freedom; who died on June 1, 2005, in service to the States in Operation Iraqi Freedom; (1891) honors the memory of Specialist United States in Operation Iraqi Freedom; (1873) honors the memory of First Lieuten- Terrance D. Lee, Sr., 25, of Moss Point, Mis- (1854) honors the memory of Specialist ant Michael J. Fasnacht, 25, of Mankato, sissippi, who died on June 11, 2005, in service Phillip C. Edmundson, 22, of Wilson, North Minnesota, who died on June 8, 2005, in serv- to the United States in Operation Iraqi Free- Carolina, who died on June 1, 2005, in service ice to the United States in Operation Iraqi dom; to the United States in Operation Iraqi Free- Freedom; (1892) honors the memory of Sergeant First dom; (1874) honors the memory of Private First Class Neil A. Prince, 35, of Baltimore, Mary- (1855) honors the memory of Private First Class Emmanuel Hernandez, 22, of Yauco, land, who died on June 11, 2005, in service to Class Louis E. Niedermeier, 20, of Largo, Puerto Rico, who died on June 8, 2005, in the United States in Operation Iraqi Free- Florida, who died on June 1, 2005, in service service to the United States in Operation En- dom; to the United States in Operation Iraqi Free- during Freedom; (1893) honors the memory of Specialist An- dom; (1875) honors the memory of Private First thony D. Kinslow, 21, of Westerville, Ohio, (1856) honors the memory of Staff Sergeant Class Douglas E. Kashmer, 27, of Sharon, who died on June 13, 2005, in service to the Leroy E. Alexander, 27, of Dale City, Vir- Pennsylvania, who died on June 8, 2005, in United States in Operation Iraqi Freedom; ginia, who died on June 3, 2005, in service to service to the United States in Operation (1894) honors the memory of Sergeant the United States in Operation Enduring Iraqi Freedom; Larry R. Kuhns, Jr., 24, of Austintown, Ohio, Freedom; (1876) honors the memory of Sergeant Mi- who died on June 13, 2005, in service to the (1857) honors the memory of Corporal An- chael J. Kelley, 26, of Scituate, Massachu- United States in Operation Iraqi Freedom; tonio Mendoza, 21, of Santa Ana, California, setts, who died on June 8, 2005, in service to (1895) honors the memory of Lance Cor- who died on June 3, 2005, in service to the the United States in Operation Enduring poral John J. Mattek, Jr., 24, of Stevens United States in Operation Iraqi Freedom; Freedom; Point, Wisconsin, who died on June 13, 2005,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.184 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13847 in service to the United States in Operation (1914) honors the memory of Corporal Wil- 27, 2005, in service to the United States in Iraqi Freedom; liam A. Long, 26, of Lilburn, Georgia, who Operation Iraqi Freedom; (1896) honors the memory of Private First died on June 18, 2005, in service to the United (1933) honors the memory of Chief Warrant Class Nathan B. Clemons, 20, of Winchester, States in Operation Iraqi Freedom; Officer Keith R. Mariotti, 39, of Elkton, Tennessee, who died on June 14, 2005, in serv- (1915) honors the memory of Private First Maryland, who died on June 27, 2005, in service to the United States in Operation Iraqi Class Christopher R. Kilpatrick, 18, of Co- ice to the United States in Operation Iraqi Freedom; lumbus, Texas, who died on June 20, 2005, in Freedom; (1897) honors the memory of Private First service to the United States in Operation (1934) honors the memory of Chief Warrant Class Michael Ray Hayes, 29, of Morgantown, Iraqi Freedom; Officer Steven E. Shepard, 30, of Purcell, Kentucky, who died on June 14, 2005, in serv- (1916) honors the memory of Specialist Oklahoma, who died on June 27, 2005, in service to the United States in Operation Iraqi Christopher L. Hoskins, 21, of Danielson, ice to the United States in Operation Iraqi Freedom; Connecticut, who died on June 21, 2005, in Freedom; (1898) honors the memory of Sergeant An- service to the United States in Operation (1935) honors the memory of Petty Officer thony G. Jones, 25, of Greenville, South Iraqi Freedom; Second Class Matthew G. Axelson, 29, of Carolina, who died on June 14, 2005, in serv- (1917) honors the memory of Specialist Cupertino, California, who died on June 28, ice to the United States in Operation Iraqi Nicholas R. Idalski, 23, of Crown Point, Indi- 2005, in service to the United States in Oper- Freedom; ana, who died on June 21, 2005, in service to ation Enduring Freedom; (1899) honors the memory of Private First the United States in Operation Iraqi Free- (1936) honors the memory of Specialist dom; Rafael A. ‘‘T.J.’’ Carrillo, Jr., 21, of Boys Class Joshua P. Klinger, 21, of Easton, Penn- (1918) honors the memory of Sergeant Ranch, Texas, who died on June 28, 2005, in sylvania, who died on June 14, 2005, in serv- James D. Stewart, 29, of Chattanooga, Ten- service to the United States in Operation ice to the United States in Operation Iraqi nessee, who died on June 21, 2005, in service Iraqi Freedom; Freedom; to the United States in Operation Iraqi Free- (1937) honors the memory of Petty Officer (1900) honors the memory of Petty Officer dom; Second Class Danny P. Dietz, 25, of Little- Second Class Cesar O. Baez, 37, of Pomona, (1919) honors the memory of Specialist ton, Colorado, who died on June 28, 2005, in California, who died on June 15, 2005, in serv- Brian A. Vaughn, 23, of Pell City, Alabama, service to the United States in Operation En- ice to the United States in Operation Iraqi who died on June 21, 2005, in service to the during Freedom; Freedom; United States in Operation Iraqi Freedom; (1938) honors the memory of Chief Petty (1901) honors the memory of Lance Cor- (1920) honors the memory of Major Duane Officer Jacques J. Fontan, 36, of New Orle- poral Jonathan R. Flores, 18, of San Antonio, W. Dively, 43, of Rancho California, Cali- ans, Louisiana, who died on June 28, 2005, in Texas, who died on June 15, 2005, in service fornia, who died on June 22, 2005, in service service to the United States in Operation En- to the United States in Operation Iraqi Free- to the United States in Operation Enduring during Freedom; dom; Freedom; (1939) honors the memory of Staff Sergeant (1902) honors the memory of Corporal Jesse (1921) honors the memory of Sergeant Ar- Shamus O. Goare, 29, of Danville, Ohio, who Jaime, 22, of Henderson, Nevada, who died on nold Duplantier II, 26, of Sacramento, Cali- died on June 28, 2005, in service to the United June 15, 2005, in service to the United States fornia, who died on June 22, 2005, in service States in Operation Enduring Freedom; in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- (1940) honors the memory of Chief Warrant (1903) honors the memory of Lance Cor- dom; Officer Corey J. Goodnature, 35, of Clarks poral Chad B. Maynard, 19, of Montrose, Col- (1922) honors the memory of Lance Cor- Grove, Minnesota, who died on June 28, 2005, orado, who died on June 15, 2005, in service to poral Holly A. Charette, 21, of Cranston, in service to the United States in Operation the United States in Operation Iraqi Free- Rhode Island, who died on June 23, 2005, in Enduring Freedom; dom; service to the United States in Operation (1941) honors the memory of Specialist (1904) honors the memory of Corporal Tyler Iraqi Freedom; Robert E. Hall, Jr., 30, of Pittsburgh, Penn- S. Trovillion, 23, of Richardson, Texas, who (1923) honors the memory of Petty Officer sylvania, who died on June 28, 2005, in serv- died on June 15, 2005, in service to the United First Class Regina R. Clark, 43, of Centralia, ice to the United States in Operation Iraqi States in Operation Iraqi Freedom; Washington, who died on June 23, 2005, in Freedom; (1905) honors the memory of Lance Cor- service to the United States in Operation (1942) honors the memory of Senior Chief poral Dion M. Whitley, 21, of Los Angeles, Iraqi Freedom; Petty Officer Daniel R. Healy, 36, of Exeter, California, who died on June 15, 2005, in serv- (1924) honors the memory of Lance Cor- New Hampshire, who died on June 28, 2005, in ice to the United States in Operation Iraqi poral Veashna Muy, 20, of Los Angeles, Cali- service to the United States in Operation En- Freedom; fornia, who died on June 23, 2005, in service during Freedom; (1906) honors the memory of Specialist An- to the United States in Operation Iraqi Free- (1943) honors the memory of Sergeant thony S. Cometa, 21, of Las Vegas, Nevada, dom; Manny Hornedo, 27, of Brooklyn, New York, who died on June 16, 2005, in service to the (1925) honors the memory of Sergeant First who died on June 28, 2005, in service to the United States in Operation Iraqi Freedom; Class Christopher W. Phelps, 39, of Louis- United States in Operation Iraqi Freedom; (1907) honors the memory of Lance Cor- ville, Kentucky, who died on June 23, 2005, in (1944) honors the memory of Sergeant Kip poral Erik R. Heldt, 26, of Hermann, Mis- service to the United States in Operation A. Jacoby, 21, of Pompano Beach, Florida, souri, who died on June 16, 2005, in service to Iraqi Freedom; who died on June 28, 2005, in service to the the United States in Operation Iraqi Free- (1926) honors the memory of Corporal Chad United States in Operation Enduring Free- dom; W. Powell, 22, of West Monroe, Louisiana, dom; (1908) honors the memory of Captain John who died on June 23, 2005, in service to the (1945) honors the memory of Lieutenant W. Maloney, 36, of Chicopee, Massachusetts, United States in Operation Iraqi Freedom; Commander Erik S. Kristensen, 33, of San who died on June 16, 2005, in service to the (1927) honors the memory of Sergeant Jo- Diego, California, who died on June 28, 2005, United States in Operation Iraqi Freedom; seph M. Tackett, 22, of Whitehouse, Ken- in service to the United States in Operation (1909) honors the memory of Staff Sergeant tucky, who died on June 23, 2005, in service Enduring Freedom; Christopher N. Piper, 43, of Marblehead, Mas- to the United States in Operation Iraqi Free- (1946) honors the memory of Petty Officer sachusetts, who died on June 16, 2005, in serv- dom; First Class Jeffery A. Lucas, 33, of Corbett, ice to the United States in Operation Endur- (1928) honors the memory of Corporal Ra- Oregon, who died on June 28, 2005, in service ing Freedom; mona M. Valdez, 20, of Bronx, New York, who to the United States in Operation Enduring (1910) honors the memory of Master Ser- died on June 23, 2005, in service to the United Freedom; geant Robert M. Horrigan, 40, of Austin, States in Operation Iraqi Freedom; (1947) honors the memory of Lieutenant Texas, who died on June 17, 2005, in service (1929) honors the memory of Corporal Car- Michael M. McGreevy, Jr., 30, of Portville, to the United States in Operation Iraqi Free- los Pineda, 23, of Los Angeles, California, New York, who died on June 28, 2005, in serv- dom; who died on June 24, 2005, in service to the ice to the United States in Operation Endur- (1911) honors the memory of Master Ser- United States in Operation Iraqi Freedom; ing Freedom; geant Michael L. McNulty, 36, of Knoxville, (1930) honors the memory of Lance Cor- (1948) honors the memory of Sergeant First Tennessee, who died on June 17, 2005, in serv- poral Kevin B. Joyce, 19, of Ganado, Arizona, Class Marcus V. Muralles, 33, of Shelbyville, ice to the United States in Operation Iraqi who died on June 25, 2005, in service to the Indiana, who died on June 28, 2005, in service Freedom; United States in Operation Enduring Free- to the United States in Operation Enduring (1912) honors the memory of Lance Cor- dom; Freedom; poral Adam J. Crumpler, 19, of Charleston, (1931) honors the memory of Specialist (1949) honors the memory of Lieutenant West Virginia, who died on June 18, 2005, in Charles A. Kaufman, 20, of Fairchild, Wis- Michael P. Murphy, 29, of Patchogue, New service to the United States in Operation consin, who died on June 26, 2005, in service York, who died on June 28, 2005, in service to Iraqi Freedom; to the United States in Operation Iraqi Free- the United States in Operation Enduring (1913) honors the memory of First Lieuten- dom; Freedom; ant Noah Harris, 23, of Ellijay, Georgia, who (1932) honors the memory of Second Lieu- (1950) honors the memory of Petty Officer died on June 18, 2005, in service to the United tenant Matthew S. Coutu, 23, of North Second Class Eric Shane Patton, 22, of Boul- States in Operation Iraqi Freedom; Kingstown, Rhode Island, who died on June der City, Nevada, who died on June 28, 2005,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.184 S16DEPT1 S13848 CONGRESSIONAL RECORD — SENATE December 16, 2005 in service to the United States in Operation service to the United States in Operation nesota, who died on July 23, 2005, in service Enduring Freedom; Iraqi Freedom; to the United States in Operation Iraqi Free- (1951) honors the memory of Master Ser- (1969) honors the memory of Sergeant Tim- dom; geant James W. ‘‘Tre´’’ Ponder III, 36, of othy J. Sutton, 22, of Springfield, Missouri, (1988) honors the memory of Sergeant Franklin, Tennessee, who died on June 28, who died on July 11, 2005, in service to the Jason T. Palmerton, 25, of Auburn, Ne- 2005, in service to the United States in Oper- United States in Operation Iraqi Freedom; braska, who died on July 23, 2005, in service ation Enduring Freedom; (1970) honors the memory of Specialist to the United States in Operation Enduring (1952) honors the memory of Major Stephen Benyahmin B. Yahudah, 24, of Bogart, Geor- Freedom; C. Reich, 34, of Washington Depot, Con- gia, who died on July 13, 2005, in service to (1989) honors the memory of Specialist necticut, who died on June 28, 2005, in service the United States in Operation Iraqi Free- Jacques Earl ‘‘Gus’’ Brunson, 30, of Amer- to the United States in Operation Enduring dom; icus, Georgia, who died on July 24, 2005, in Freedom; (1971) honors the memory of Private First service to the United States in Operation Class Timothy J. Hines, Jr., 21, of Deer Park/ (1953) honors the memory of Sergeant First Iraqi Freedom; Fairfield, Ohio, who died on July 14, 2005, in Class Michael L. Russell, 31, of Stafford, Vir- (1990) honors the memory of Specialist Er- service to the United States in Operation ginia, who died on June 28, 2005, in service to nest W. Dallas, Jr., 21, of Denton, Texas, who the United States in Operation Enduring Iraqi Freedom; (1972) honors the memory of Staff Sergeant died on July 24, 2005, in service to the United Freedom; States in Operation Iraqi Freedom; (1954) honors the memory of Chief Warrant Tricia L. Jameson, 34, of Omaha, Nebraska, who died on July 14, 2005, in service to the (1991) honors the memory of Staff Sergeant Officer Chris J. Scherkenbach, 40, of Jack- United States in Operation Iraqi Freedom; Carl Ray Fuller, 44, of Covington, Georgia, sonville, Florida, who died on June 28, 2005, (1973) honors the memory of Corporal Clif- who died on July 24, 2005, in service to the in service to the United States in Operation ton Blake Mounce, 22, of Pontotoc, Mis- United States in Operation Iraqi Freedom; Enduring Freedom; sissippi, who died on July 14, 2005, in service (1992) honors the memory of Sergeant (1955) honors the memory of Petty Officer to the United States in Operation Iraqi Free- James Ondra Kinlow, 35, of Thompson, Geor- Second Class James Suh, 28, of Deerfield dom; gia, who died on July 24, 2005, in service to Beach, Florida, who died on June 28, 2005, in (1974) honors the memory of Corporal the United States in Operation Iraqi Free- service to the United States in Operation En- Christopher D. Winchester, 23, of Flomaton, dom; during Freedom; Alabama, who died on July 14, 2005, in serv- (1993) honors the memory of Staff Sergeant (1956) honors the memory of Petty Officer ice to the United States in Operation Iraqi Jason W. Montefering, 27, of Parkston, South First Class Jeffrey S. Taylor, 30, of Midway, Freedom; Dakota, who died on July 24, 2005, in service West Virginia, who died on June 28, 2005, in (1975) honors the memory of Specialist to the United States in Operation Iraqi Free- service to the United States in Operation En- Jared D. Hartley, 22, of Newkirk, Oklahoma, dom; during Freedom; who died on July 15, 2005, in service to the (1994) honors the memory of Sergeant Mil- (1957) honors the memory of Sergeant Chad United States in Operation Iraqi Freedom; ton M. Monzon, Jr., 21, of Los Angeles, Cali- M. Mercer, 25, of Waycross, Georgia, who (1976) honors the memory of Sergeant fornia, who died on July 24, 2005, in service to died on June 30, 2005, in service to the United Travis S. Cooper, 24, of Macon, Mississippi, the United States in Operation Iraqi Free- States in Operation Iraqi Freedom; who died on July 16, 2005, in service to the dom; (1958) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; (1995) honors the memory of Sergeant Jeremy A. Brown, 26, of Mabscott, West Vir- (1977) honors the memory of Staff Sergeant Christopher J. Taylor, 22, of Opelika, Ala- ginia, who died on July 3, 2005, in service to Jorge Luis Pena-Romero, 29, of Fallbrook, bama, who died on July 24, 2005, in service to the United States in Operation Iraqi Free- California, who died on July 16, 2005, in serv- the United States in Operation Iraqi Free- dom; ice to the United States in Operation Iraqi dom; (1959) honors the memory of Specialist Freedom; (1996) honors the memory of Sergeant John Ryan J. Montgomery, 22, of Greensburg, Ken- (1978) honors the memory of Sergeant First Frank Thomas, 33, of Valdosta, Georgia, who tucky, who died on July 3, 2005, in service to Class Ronald T. Wood, 28, of Cedar City, died on July 24, 2005, in service to the United the United States in Operation Iraqi Free- Utah, who died on July 16, 2005, in service to States in Operation Iraqi Freedom; dom; the United States in Operation Iraqi Free- (1997) honors the memory of Private First (1960) honors the memory of Staff Sergeant dom; Class Ramon A. Villatoro, Jr., 19, of Bakers- Scottie L. Bright, 36, of Montgomery, Ala- (1979) honors the memory of Lance Cor- field, California, who died on July 24, 2005, in bama, who died on July 5, 2005, in service to poral Efrain Sanchez, Jr., 26, of Port Chester, service to the United States in Operation the United States in Operation Iraqi Free- New York, who died on July 17, 2005, in serv- Iraqi Freedom; dom; ice to the United States in Operation Iraqi (1998) honors the memory of Specialist (1961) honors the memory of Corporal Lyle Freedom; Adam J. Harting, 21, of Portage, Indiana, J. Cambridge, 23, of Shiprock, New Mexico, (1980) honors the memory of Staff Sergeant who died on July 25, 2005, in service to the who died on July 5, 2005, in service to the Frank F. Tiai, 45, of Pago Pago, American United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Samoa, who died on July 17, 2005, in service (1962) honors the memory of Specialist to the United States in Operation Iraqi Free- (1999) honors the memory of Staff Sergeant Christopher W. Dickison, 26, of Seattle, dom; Michael W. Schafer, 25, of Spring Hill, Flor- Washington, who died on July 5, 2005, in serv- (1981) honors the memory of Specialist ida, who died on July 25, 2005, in service to ice to the United States in Operation Iraqi Ronnie D. Williams, 26, of Erlanger, Ken- the United States in Operation Enduring Freedom; tucky, who died on July 17, 2005, in service to Freedom; (1963) honors the memory of Private An- the United States in Operation Iraqi Free- (2000) honors the memory of Specialist thony M. Mazzarella, 22, of Blue Springs, dom; Adrian J. Butler, 28, of East Lansing, Michi- Missouri, who died on July 5, 2005, in service (1982) honors the memory of Staff Sergeant gan, who died on July 27, 2005, in service to to the United States in Operation Iraqi Free- Jefferey J. Farrow, 28, of Birmingham, Ala- the United States in Operation Iraqi Free- dom; bama, who died on July 19, 2005, in service to dom; (1964) honors the memory of Sergeant the United States in Operation Iraqi Free- (2001) honors the memory of Captain Ben- Deyson K. Cariaga, 20, of Honolulu, Hawaii, dom; jamin D. Jansky, 28, of Oshkosh, Wisconsin, who died on July 8, 2005, in service to the (1983) honors the memory of Private who died on July 27, 2005, in service to the United States in Operation Iraqi Freedom; Lavena L. Johnson, 19, of Florissant, Mis- United States in Operation Iraqi Freedom; (1965) honors the memory of Specialist souri, who died on July 19, 2005, in service to (2002) honors the memory of Specialist Ed- Hoby F. Bradfield, Jr., 22, of The Woodlands, the United States in Operation Iraqi Free- ward L. Myers, 21, of St. Joseph, Missouri, Texas, who died on July 9, 2005, in service to dom; who died on July 27, 2005, in service to the the United States in Operation Iraqi Free- (1984) honors the memory of Sergeant Ar- United States in Operation Iraqi Freedom; dom; thur R. McGill, 25, of Gravette, Arkansas, (2003) honors the memory of Specialist (1966) honors the memory of Private First who died on July 19, 2005, in service to the John O. Tollefson, 22, of Fond du Lac, Wis- Class Eric Paul Woods, 26, of Omaha, Ne- United States in Operation Iraqi Freedom; consin, who died on July 27, 2005, in service braska, who died on July 9, 2005, in service to (1985) honors the memory of Corporal Ste- to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- ven P. Gill, 24, of Round Rock, Texas, who dom; dom; died on July 21, 2005, in service to the United (2004) honors the memory of Lance Cor- (1967) honors the memory of Staff Sergeant States in Operation Iraqi Freedom; poral Christopher P. Lyons, 24, of Mansfield/ Joseph P. Goodrich, 32, of Allegheny, Penn- (1986) honors the memory of Petty Officer Shelby, Ohio, who died on July 28, 2005, in sylvania, who died on July 10, 2005, in service Third Class Travis L. Youngblood, 26, of service to the United States in Operation to the United States in Operation Iraqi Free- Surrency, Georgia, who died on July 21, 2005, Iraqi Freedom; dom; in service to the United States in Operation (2005) honors the memory of Corporal (1968) honors the memory of Lance Cor- Iraqi Freedom; Andre L. Williams, 23, of Galloway, Ohio, poral Ryan J. Kovacicek, 22, of Washington, (1987) honors the memory of Sergeant who died on July 28, 2005, in service to the Pennsylvania, who died on July 10, 2005, in Bryan James Opskar, 32, of Princeton, Min- United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.184 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13849 (2006) honors the memory of Private (2024) honors the memory of Lance Cor- United States in Operation Enduring Free- Ernesto R. Guerra, 20, of Long Beach, Cali- poral Eric J. Bernholtz, 23, of Grove City, dom; fornia, who died on July 29, 2005, in service to Ohio, who died on August 3, 2005, in service (2043) honors the memory of Private John the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- M. Henderson, Jr., 21, of Columbus, Georgia, dom; dom; who died on August 4, 2005, in service to the (2007) honors the memory of Sergeant First (2025) honors the memory of Lance Cor- United States in Operation Enduring Free- Class Victor A. Anderson, 39, of Ellaville, poral Nicholas William B. Bloem, 20, of Bel- dom; Georgia, who died on July 30, 2005, in service grade, Montana, who died on August 3, 2005, (2044) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- in service to the United States in Operation Chad J. Simon, 32, of Monona/Madison, Wis- dom; Iraqi Freedom; consin, who died on August 4, 2005, in service (2008) honors the memory of Sergeant (2026) honors the memory of Lance Cor- to the United States in Operation Iraqi Free- Jonathon C. Haggin, 26, of Kingsland, Geor- poral Michael J. Cifuentes, 25, of Fairfield, dom; gia, who died on July 30, 2005, in service to Ohio, who died on August 3, 2005, in service (2045) honors the memory of Private First the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- Class Nils George Thompson, 19, of Con- dom; dom; fluence, Pennsylvania, who died on August 4, (2009) honors the memory of Staff Sergeant (2027) honors the memory of Lance Cor- 2005, in service to the United States in Oper- David R. Jones, Sr., 45, of Augusta, Georgia, poral Christopher Jenkins Dyer, 19, of Cin- ation Iraqi Freedom; who died on July 30, 2005, in service to the cinnati, Ohio, who died on August 3, 2005, in (2046) honors the memory of Gunnery Ser- service to the United States in Operation United States in Operation Iraqi Freedom; geant Terry W. Ball, Jr., 36, of East Peoria, Iraqi Freedom; (2010) honors the memory of Private First Illinois, who died on August 5, 2005, in serv- (2028) honors the memory of Lance Cor- Class Jason D. Scheuerman, 20, of Lynch- ice to the United States in Operation Iraqi poral Grant B. Fraser, 22, of Anchorage, burg, Virginia, who died on July 30, 2005, in Freedom; Alaska, who died on August 3, 2005, in service service to the United States in Operation (2047) honors the memory of Sergeant First to the United States in Operation Iraqi Free- Iraqi Freedom; Class Robert V. Derenda, 42, of Ledbetter, dom; (2011) honors the memory of Sergeant Ron- (2029) honors the memory of Specialist Kentucky, who died on August 5, 2005, in nie L. ‘‘Rod’’ Shelley, Sr., 34, of Valdosta, Jerry Lewis Ganey, Jr., 29, of Folkston, service to the United States in Operation Georgia, who died on July 30, 2005, in service Georgia, who died on August 3, 2005, in serv- Iraqi Freedom; to the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi (2048) honors the memory of Sergeant First dom; Freedom; Class Brett Eugene Walden, 40, of Fort Wal- (2012) honors the memory of Private First (2030) honors the memory of Specialist ton Beach, Florida, who died on August 5, Class Robert A. Swaney, 21, of West Jeffer- Mathew V. Gibbs, 21, of Ambrose, Georgia, 2005, in service to the United States in Oper- son, Ohio, who died on July 30, 2005, in serv- who died on August 3, 2005, in service to the ation Iraqi Freedom; ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; (2049) honors the memory of Lance Cor- Freedom; (2031) honors the memory of Sergeant poral Chase Johnson Comley, 21, of Lex- (2013) honors the memory of Specialist Bradley J. Harper, 25, of Dresden, Ohio, who ington, Kentucky, who died on August 6, James D. Carroll, 23, of McKenzie, Ten- died on August 3, 2005, in service to the 2005, in service to the United States in Oper- nessee, who died on July 31, 2005, in service United States in Operation Iraqi Freedom; ation Iraqi Freedom; to the United States in Operation Iraqi Free- (2032) honors the memory of Sergeant Jus- (2050) honors the memory of Sergeant dom; tin F. Hoffman, 27, of Delaware, Ohio, who Brahim J. Jeffcoat, 25, of Philadelphia, (2014) honors the memory of Corporal Jef- died on August 3, 2005, in service to the Pennsylvania, who died on August 6, 2005, in frey A. Boskovitch, 25, of Seven Hills, Ohio, United States in Operation Iraqi Freedom; service to the United States in Operation who died on August 1, 2005, in service to the (2033) honors the memory of Corporal Iraqi Freedom; United States in Operation Iraqi Freedom; David Kenneth J. Kreuter, 26, of Cincinnati, (2051) honors the memory of Specialist (2015) honors the memory of Lance Cor- Ohio, who died on August 3, 2005, in service Kurt E. Krout, 43, of Spinnerstown, Pennsyl- poral Roger D. Castleberry, Jr., 26, of Austin, to the United States in Operation Iraqi Free- vania, who died on August 6, 2005, in service Texas, who died on August 1, 2005, in service dom; to the United States in Operation Iraqi Free- to the United States in Operation Iraqi Free- (2034) honors the memory of Lance Cor- dom; dom; poral Aaron H. Reed, 21, of Chillicothe, Ohio, (2052) honors the memory of Private First (2016) honors the memory of Sergeant who died on August 3, 2005, in service to the Class Seferino J. Reyna, 20, of Phoenix, Ari- David J. Coullard, 32, of Glastonbury, Con- United States in Operation Iraqi Freedom; zona, who died on August 7, 2005, in service necticut, who died on August 1, 2005, in serv- (2035) honors the memory of Lance Cor- to the United States in Operation Iraqi Free- ice to the United States in Operation Iraqi poral Edward August Schroeder II, 23, of Co- dom; Freedom; lumbus, Ohio, who died on August 3, 2005, in (2053) honors the memory of Staff Sergeant (2017) honors the memory of Lance Cor- service to the United States in Operation Christopher M. Falkel, 22, of Highlands poral Daniel Nathan Deyarmin, Jr., 22, of Iraqi Freedom; Ranch, Colorado, who died on August 8, 2005, Tallmadge, Ohio, who died on August 1, 2005, (2036) honors the memory of Corporal in service to the United States in Operation in service to the United States in Operation David S. Stewart, 24, of Bogalusa, Louisiana, Enduring Freedom; Iraqi Freedom; who died on August 3, 2005, in service to the (2054) honors the memory of Staff Sergeant (2018) honors the memory of Sergeant United States in Operation Iraqi Freedom; Ramon E. Gonzales Cordova, 30, of Davie, James R. Graham III, 25, of Coweta, Okla- (2037) honors the memory of Lance Cor- Florida, who died on August 8, 2005, in serv- homa, who died on August 1, 2005, in service poral Adam J. Strain, 20, of Smartville, Cali- ice to the United States in Operation Iraqi to the United States in Operation Iraqi Free- fornia, who died on August 3, 2005, in service Freedom; dom; to the United States in Operation Iraqi Free- (2055) honors the memory of Specialist An- (2019) honors the memory of Lance Cor- dom; thony N. Kalladeen, 26, of Purchase, New poral Brian P. Montgomery, 26, of (2038) honors the memory of Sergeant First York, who died on August 8, 2005, in service Willoughby, Ohio, who died on August 1, 2005, Class Charles Houghton Warren, 36, of Du- to the United States in Operation Iraqi Free- in service to the United States in Operation luth, Georgia, who died on August 3, 2005, in dom; Iraqi Freedom; service to the United States in Operation (2056) honors the memory of Private First (2020) honors the memory of Sergeant Na- Iraqi Freedom; Class Hernando Rios, 29, of Queens, New thaniel S. Rock, 26, of Toronto, Ohio, who (2039) honors the memory of Lance Cor- York, who died on August 8, 2005, in service died on August 1, 2005, in service to the poral Kevin G. Waruinge, 22, of Tampa, Flor- to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; ida, who died on August 3, 2005, in service to dom; (2021) honors the memory of Petty Officer the United States in Operation Iraqi Free- (2057) honors the memory of Specialist First Class Thomas C. Hull, 41, of Princeton, dom; Miguel Carrasquillo, 25, of River Grove, Illi- Illinois, who died on August 2, 2005, in serv- (2040) honors the memory of Lance Cor- nois, who died on August 9, 2005, in service to ice to the United States in Operation Iraqi poral William Brett Wightman, 22, of Sabina, the United States in Operation Iraqi Free- Freedom; Ohio, who died on August 3, 2005, in service dom; (2022) honors the memory of Staff Sergeant to the United States in Operation Iraqi Free- (2058) honors the memory of Private First James D. McNaughton, 27, of Middle Village, dom; Class Nathaniel E. ‘‘Nate’’ Detample, 19, of New York, who died on August 2, 2005, in (2041) honors the memory of Gunnery Ser- Morrisville, Pennsylvania, who died on Au- service to the United States in Operation geant Theodore Clark, Jr., 31, of Emporia, gust 9, 2005, in service to the United States Iraqi Freedom; Virginia, who died on August 4, 2005, in serv- in Operation Iraqi Freedom; (2023) honors the memory of Lance Cor- ice to the United States in Operation Endur- (2059) honors the memory of Specialist poral Timothy Michael Bell, Jr., 22, of West ing Freedom; Christopher M. Katzenberger, 25, of St. Chester, Ohio, who died on August 3, 2005, in (2042) honors the memory of Private First Louis, Missouri, who died on August 9, 2005, service to the United States in Operation Class Damian J. Garza, 19, of Odessa, Texas, in service to the United States in Operation Iraqi Freedom; who died on August 4, 2005, in service to the Enduring Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.184 S16DEPT1 S13850 CONGRESSIONAL RECORD — SENATE December 16, 2005 (2060) honors the memory of Specialist ice to the United States in Operation Iraqi (2097) honors the memory of Specialist John Kulick, 35, of Harleysville, Pennsyl- Freedom; Hatim S. Kathiria, 23, of Fort Worth, Texas, vania, who died on August 9, 2005, in service (2079) honors the memory of Specialist Mi- who died on August 22, 2005, in service to the to the United States in Operation Iraqi Free- chael J. Stokely, 23, of Sharpsburg, Georgia, United States in Operation Iraqi Freedom; dom; who died on August 16, 2005, in service to the (2098) honors the memory of Staff Sergeant (2061) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; Victoir P. Lieurance, 34, of Seymour, Ten- Ryan S. Ostrom, 25, of Liberty, Pennsyl- (2080) honors the memory of Sergeant Na- nessee, who died on August 22, 2005, in serv- vania, who died on August 9, 2005, in service than K. Bouchard, 24, of Wildomar, Cali- ice to the United States in Operation Iraqi to the United States in Operation Iraqi Free- fornia, who died on August 18, 2005, in service Freedom; dom; to the United States in Operation Iraqi Free- (2099) honors the memory of Private First (2062) honors the memory of Specialist dom; Class Ramon Romero, 19, of Huntington Gennaro Pellegrini, Jr., 31, of Philadelphia, (2081) honors the memory of Sergeant Rob- Park, California, who died on August 22, 2005, Pennsylvania, who died on August 9, 2005, in ert G. Davis, 23, of Jackson, Missouri, who in service to the United States in Operation service to the United States in Operation died on August 18, 2005, in service to the Iraqi Freedom; Iraqi Freedom; United States in Operation Enduring Free- (2100) honors the memory of Master Ser- (2063) honors the memory of Sergeant dom; geant Chris S. Chapin, 39, of Proctor, Francis J. Straub, Jr., 24, of Philadelphia, (2082) honors the memory of Staff Sergeant Vermont, who died on August 23, 2005, in Pennsylvania, who died on August 9, 2005, in Jeremy W. Doyle, 24, of Chesterton, Mary- service to the United States in Operation Iraqi Freedom; service to the United States in Operation land, who died on August 18, 2005, in service (2101) honors the memory of First Lieuten- Iraqi Freedom; to the United States in Operation Iraqi Free- ant Carlos J. Diaz, 27, of Juana Diaz, Puerto (2064) honors the memory of Sergeant First dom; Rico, who died on August 23, 2005, in service Class Michael A. Benson, 40, of Winona, Min- (2083) honors the memory of Specialist Ray to the United States in Operation Iraqi Free- nesota, who died on August 10, 2005, in serv- M. Fuhrmann II, 28, of Novato, California, dom; ice to the United States in Operation Iraqi who died on August 18, 2005, in service to the (2102) honors the memory of Sergeant First Freedom; United States in Operation Iraqi Freedom; Class Trevor J. Diesing, 30, of Plum City, (2065) honors the memory of Lance Cor- (2084) honors the memory of Lance Cor- Wisconsin, who died on August 25, 2005, in poral Evenor C. Herrera, 22, of Gypsum, Colo- poral Phillip C. George, 22, of Houston, service to the United States in Operation rado, who died on August 10, 2005, in service Texas, who died on August 18, 2005, in service Iraqi Freedom; to the United States in Operation Iraqi Free- to the United States in Operation Enduring (2103) honors the memory of Master Ser- dom; Freedom; geant Ivica Jerak, 42, of Houston, Texas, who (2066) honors the memory of Captain Jer- (2085) honors the memory of Private First died on August 25, 2005, in service to the emy A. Chandler, 30, of Clarksville, Ten- Class Timothy J. Seamans, 20, of Jackson- United States in Operation Iraqi Freedom; nessee, who died on August 11, 2005, in serv- ville, Florida, who died on August 18, 2005, in (2104) honors the memory of Corporal Tim- ice to the United States in Operation Endur- service to the United States in Operation othy M. Shea, 22, of Sonoma, California, who ing Freedom; Iraqi Freedom; died on August 25, 2005, in service to the (2067) honors the memory of Sergeant Ed- (2086) honors the memory of First Lieuten- United States in Operation Iraqi Freedom; ward R. Heselton, 23, of Easley, South Caro- ant Laura M. Walker, 24, of Texas, who died (2105) honors the memory of Staff Sergeant lina, who died on August 11, 2005, in service on August 18, 2005, in service to the United Damion G. Campbell, 23, of Baltimore, Mary- to the United States in Operation Enduring States in Operation Enduring Freedom; land, who died on August 26, 2005, in service Freedom; (2087) honors the memory of Sergeant Wil- to the United States in Operation Enduring (2068) honors the memory of Specialist lard Todd Partridge, 35, of Ferriday, Lou- Freedom; Rusty W. Bell, 21, of Pocahontas, Arkansas, isiana, who died on August 20, 2005, in service (2106) honors the memory of Specialist Jo- who died on August 12, 2005, in service to the to the United States in Operation Iraqi Free- seph L. Martinez, 21, of Las Vegas, Nevada, United States in Operation Iraqi Freedom; dom; who died on August 27, 2005, in service to the (2069) honors the memory of First Lieuten- (2088) honors the memory of Private First United States in Operation Iraqi Freedom; ant David L. Giaimo, 24, of Waukegan, Illi- Class Elden D. Arcand, 22, of White Bear (2107) honors the memory of Sergeant First nois, who died on August 12, 2005, in service Lake, Minnesota, who died on August 21, Class Obediah J. Kolath, 32, of Louisburg, to the United States in Operation Iraqi Free- 2005, in service to the United States in Oper- Missouri, who died on August 28, 2005, in dom; ation Iraqi Freedom; service to the United States in Operation (2070) honors the memory of Specialist (2089) honors the memory of Second Lieu- Iraqi Freedom; Brian K. Derks, 21, of White Cloud, Michigan, tenant James J. Cathey, 24, of Reno, Nevada, (2108) honors the memory of Chief Warrant who died on August 13, 2005, in service to the who died on August 21, 2005, in service to the Officer Dennis P. Hay, 32, of Valdosta, Geor- United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; gia, who died on August 29, 2005, in service to (2071) honors the memory of Specialist (2090) honors the memory of Specialist the United States in Operation Iraqi Free- Toccara R. Green, 23, of Rosedale, Maryland, Blake W. Hall, 20, of East Prairie, Missouri, dom; who died on August 14, 2005, in service to the who died on August 21, 2005, in service to the (2109) honors the memory of Second Lieu- United States in Operation Iraqi Freedom; United States in Operation Enduring Free- tenant Charles R. Rubado, 23, of Clearwater, (2072) honors the memory of Staff Sergeant dom; Florida, who died on August 29, 2005, in serv- Asbury F. Hawn II, 35, of Lebanon, Ten- (2091) honors the memory of First Lieuten- ice to the United States in Operation Iraqi nessee, who died on August 14, 2005, in servant Joshua M. Hyland, 31, of Missoula, Mon- Freedom; ice to the United States in Operation Iraqi tana, who died on August 21, 2005, in service (2110) honors the memory of Major Gregory Freedom; to the United States in Operation Enduring J. Fester, 41, of Grand Rapids, Michigan, who (2073) honors the memory of Specialist Freedom; died on August 30, 2005, in service to the Gary L. Reese, Jr., 22, of Ashland City, Ten- (2092) honors the memory of Sergeant Mi- United States in Operation Iraqi Freedom; nessee, who died on August 14, 2005, in serv- chael R. Lehmiller, 23, of Anderson, South (2111) honors the memory of Specialist ice to the United States in Operation Iraqi Carolina, who died on August 21, 2005, in Jason E. Ames, 21, of Cerulean, Kentucky, Freedom; service to the United States in Operation En- who died on August 31, 2005, in service to the (2074) honors the memory of Sergeant during Freedom; United States in Operation Iraqi Freedom; Shannon D. Taylor, 30, of Smithville, Ten- (2093) honors the memory of Staff Sergeant (2112) honors the memory of Captain Low- nessee, who died on August 14, 2005, in serv- Brian Lee Morris, 38, of Centreville, Michi- ell T. Miller II, 35, of Flint, Michigan, who ice to the United States in Operation Iraqi gan, who died on August 21, 2005, in service died on August 31, 2005, in service to the Freedom; to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; (2075) honors the memory of Specialist dom; (2113) honors the memory of Sergeant Joshua P. Dingler, 19, of Hiram, Georgia, (2094) honors the memory of Specialist Jo- Monta S. Ruth, 26, of Winston-Salem, North who died on August 15, 2005, in service to the seph C. Nurre, 22, of Wilton, California, who Carolina, who died on August 31, 2005, in United States in Operation Iraqi Freedom; died on August 21, 2005, in service to the service to the United States in Operation (2076) honors the memory of Specialist United States in Operation Iraqi Freedom; Iraqi Freedom; Jose L. Ruiz, 28, of Brentwood, New York, (2095) honors the memory of Private Chris- (2114) honors the memory of Sergeant who died on August 15, 2005, in service to the topher L. Palmer, 22, of Sacramento, Cali- George Ray Draughn, Jr., 29, of Decatur, United States in Operation Iraqi Freedom; fornia, who died on August 21, 2005, in service Georgia, who died on September 1, 2005, in (2077) honors the memory of Sergeant Paul to the United States in Operation Enduring service to the United States in Operation A. Saylor, 21, of Norcross, Georgia, who died Freedom; Iraqi Freedom; on August 15, 2005, in service to the United (2096) honors the memory of Sergeant Jo- (2115) honors the memory of First Lieuten- States in Operation Iraqi Freedom; seph Daniel Hunt, 27, of Sweetwater, Ten- ant Derek S. Hines, 25, of Newburyport, Mas- (2078) honors the memory of Sergeant nessee, who died on August 22, 2005, in serv- sachusetts, who died on September 1, 2005, in Thomas J. Strickland, 27, of Douglasville, ice to the United States in Operation Iraqi service to the United States in Operation En- Georgia, who died on August 15, 2005, in serv- Freedom; during Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.184 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13851 (2116) honors the memory of Staff Sergeant (2134) honors the memory of Staff Sergeant the United States in Operation Enduring Robert Lee Hollar, Jr., 35, of Griffin, Geor- Regilio E. Nelom, 45, of Queens, New York, Freedom; gia, who died on September 1, 2005, in service who died on September 17, 2005, in service to (2152) honors the memory of Sergeant to the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- Shawn A. Graham, 34, of Red Oak, Texas, dom; dom; who died on September 25, 2005, in service to (2117) honors the memory of Sergeant First (2135) honors the memory of First Lieuten- the United States in Operation Iraqi Free- Class Lonnie J. Parson, 39, of Norcross, Geor- ant Mark H. Dooley, 27, of Wallkill, New dom; gia, who died on September 2, 2005, in service York, who died on September 19, 2005, in (2153) honors the memory of Sergeant Ken- to the United States in Operation Iraqi Free- service to the United States in Operation neth G. Ross, 24, of Peoria, Arizona, who died dom; Iraqi Freedom; on September 25, 2005, in service to the (2118) honors the memory of Lance Cor- (2136) honors the memory of Sergeant Mi- United States in Operation Enduring Free- poral Ryan J. Nass, 21, of Franklin, Wis- chael Egan, 36, of Pennsauken, New Jersey, dom; consin, who died on September 3, 2005, in who died on September 19, 2005, in service to (2154) honors the memory of Sergeant Pat- service to the United States in Operation En- the United States in Operation Iraqi Free- rick D. Stewart, 35, of Fernley, Nevada, who during Freedom; dom; died on September 25, 2005, in service to the (2119) honors the memory of Sergeant Mat- (2137) honors the memory of Specialist Wil- United States in Operation Enduring Free- thew Charles Bohling, 22, of Eagle River, liam L. Evans, 22, of Hallstead, Pennsyl- dom; Alaska, who died on September 5, 2005, in vania, who died on September 19, 2005, in (2155) honors the memory of Warrant Offi- service to the United States in Operation cer Adrian B. Stump, 22, of Pendleton, Or- service to the United States in Operation Iraqi Freedom; egon, who died on September 25, 2005, in serv- Iraqi Freedom; (2120) honors the memory of Specialist ice to the United States in Operation Endur- (2138) honors the memory of Specialist Wil- Luke C. Williams, 35, of Knoxville, Ten- ing Freedom; liam V. Fernandez, 37, of Reading, Pennsyl- nessee, who died on September 5, 2005, in (2156) honors the memory of Sergeant How- vania, who died on September 19, 2005, in service to the United States in Operation ard P. Allen, 31, of Mesa, Arizona, who died service to the United States in Operation Iraqi Freedom; on September 26, 2005, in service to the Iraqi Freedom; (2121) honors the memory of Specialist Jef- United States in Operation Iraqi Freedom; frey A. Williams, 20, of Warrenville, Illinois, (2139) honors the memory of Sergeant First (2157) honors the memory of Sergeant First who died on September 5, 2005, in service to Class Lawrence E. Morrison, 45, of Yakima, Class Casey E. Howe, 32, of Philadelphia, the United States in Operation Iraqi Free- Washington, who died on September 19, 2005, New York, who died on September 26, 2005, in dom; in service to the United States in Operation service to the United States in Operation (2122) honors the memory of Staff Sergeant Iraqi Freedom; Iraqi Freedom; Jude R. Jonaus, 27, of Miami, Florida, who (2140) honors the memory of Staff Sergeant (2158) honors the memory of Private Elijah died on September 6, 2005, in service to the William Alvin Allers III, 28, of Leitchfield, M. Ortega, 19, of Oxnard, California, who died United States in Operation Iraqi Freedom; Kentucky, who died on September 20, 2005, in on September 26, 2005, in service to the (2123) honors the memory of Hospitalman service to the United States in Operation United States in Operation Iraqi Freedom; Robert N. Martens, 20, of Queen Creek, Ari- Iraqi Freedom; (2159) honors the memory of Master Ser- zona, who died on September 6, 2005, in serv- (2141) honors the memory of Sergeant geant Tulsa T. Tuliau, 33, of Watertown, New ice to the United States in Operation Iraqi Pierre A. Raymond, 28, of Lawrence, Massa- York, who died on September 26, 2005, in Freedom; chusetts, who died on September 20, 2005, in service to the United States in Operation (2124) honors the memory of Sergeant service to the United States in Operation Iraqi Freedom; Franklin R. Vilorio, 26, of Miami, Florida, Iraqi Freedom; (2160) honors the memory of Lance Cor- who died on September 6, 2005, in service to (2142) honors the memory of Sergeant poral Steven A. Valdez, 20, of McRea, Arkan- the United States in Operation Iraqi Free- Travis M. Arndt, 23, of Bozeman, Montana, sas, who died on September 26, 2005, in serv- dom; who died on September 21, 2005, in service to ice to the United States in Operation Endur- (2125) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- ing Freedom; Christopher L. Everett, 23, of Huntsville, dom; (2161) honors the memory of Sergeant An- Texas, who died on September 7, 2005, in (2143) honors the memory of Specialist drew P. Wallace, 25, of Oshkosh, Wisconsin, service to the United States in Operation Kevin M. Jones, 21, of Washington, North who died on September 26, 2005, in service to Iraqi Freedom; Carolina, who died on September 22, 2005, in the United States in Operation Iraqi Free- (2126) honors the memory of Sergeant service to the United States in Operation dom; Kurtis Dean K. Arcala, 22, of Palmer, Alaska, Iraqi Freedom; (2162) honors the memory of Specialist Mi- who died on September 11, 2005, in service to (2144) honors the memory of Specialist chael J. Wendling, 20, of Mayville, Wis- the United States in Operation Iraqi Free- Scott P. McLaughlin, 29, of Hardwick, consin, who died on September 26, 2005, in dom; Vermont, who died on September 22, 2005, in service to the United States in Operation (2127) honors the memory of Specialist Jer- service to the United States in Operation Iraqi Freedom; emy M. Campbell, 21, of Middlebury, Penn- Iraqi Freedom; (2163) honors the memory of Staff Sergeant sylvania, who died on September 11, 2005, in (2145) honors the memory of Specialist Robert F. White, 34, of Cross Lanes, West service to the United States in Operation Mike T. Sonoda, Jr., 34, of Fallbrook, Cali- Virginia, who died on September 26, 2005, in Iraqi Freedom; fornia, who died on September 22, 2005, in service to the United States in Operation En- (2128) honors the memory of Seaman Ap- service to the United States in Operation during Freedom; prentice Robert D. Macrum, 22, of Sugarland, Iraqi Freedom; (2164) honors the memory of Staff Sergeant Texas, who died on September 12, 2005, in (2146) honors the memory of Sergeant An- Jason A. Benford, 30, of Toledo, Ohio, who service to the United States in Operation drew Joseph Derrick, 25, of Columbia, South died on September 27, 2005, in service to the Iraqi Freedom; Carolina, who died on September 23, 2005, in United States in Operation Iraqi Freedom; (2129) honors the memory of Sergeant service to the United States in Operation (2165) honors the memory of Staff Sergeant Alfredo B. Silva, 35, of Calexico, California, Iraqi Freedom; Daniel L. Arnold, 27, of Montrose, Pennsyl- who died on September 15, 2005, in service to (2147) honors the memory of Sergeant Paul vania, who died on September 28, 2005, in the United States in Operation Iraqi Free- C. Neubauer, 40, of Oceanside, California, service to the United States in Operation dom; who died on September 23, 2005, in service to Iraqi Freedom; (2130) honors the memory of Lance Cor- the United States in Operation Iraqi Free- (2166) honors the memory of Private First poral Shane C. Swanberg, 24, of Kirkland, dom; Class Oliver J. Brown, 19, of Carbondale, Washington, who died on September 15, 2005, (2148) honors the memory of Sergeant Pennsylvania, who died on September 28, in service to the United States in Operation Brian E. Dunlap, 34, of Vista, California, who 2005, in service to the United States in Oper- Iraqi Freedom; died on September 24, 2005, in service to the ation Iraqi Freedom; (2131) honors the memory of Sergeant Mat- United States in Operation Iraqi Freedom; (2167) honors the memory of Airman First thew L. Deckard, 29, of Elizabethtown, Ken- (2149) honors the memory of Staff Sergeant Class Elizabeth Nicole Jacobson, 21, of Riv- tucky, who died on September 16, 2005, in Daniel R. Schelle, 37, of Antioch, California, iera Beach, Florida, who died on September service to the United States in Operation who died on September 24, 2005, in service to 28, 2005, in service to the United States in Iraqi Freedom; the United States in Operation Iraqi Free- Operation Iraqi Freedom; (2132) honors the memory of Specialist dom; (2168) honors the memory of Sergeant David H. Ford IV, 20, of Ironton, Ohio, who (2150) honors the memory of Sergeant Tane Steve Morin, Jr., 34, of Arlington, Texas, who died on September 16, 2005, in service to the T. Baum, 30, of Pendleton, Oregon, who died died on September 28, 2005, in service to the United States in Operation Iraqi Freedom; on September 25, 2005, in service to the United States in Operation Iraqi Freedom; (2133) honors the memory of First Sergeant United States in Operation Enduring Free- (2169) honors the memory of Staff Sergeant Alan Nye Gifford, 39, of Tallahassee, Florida, dom; George A. Pugliese, 39, of Carbondale, Penn- who died on September 16, 2005, in service to (2151) honors the memory of Chief Warrant sylvania, who died on September 28, 2005, in the United States in Operation Iraqi Free- Officer John M. Flynn, 36, of Sparks, Nevada, service to the United States in Operation dom; who died on September 25, 2005, in service to Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 S13852 CONGRESSIONAL RECORD — SENATE December 16, 2005 (2170) honors the memory of Sergeant Eric who died on October 6, 2005, in service to the who died on October 12, 2005, in service to the W. Slebodnik, 21, of Greenfield Township, United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; Pennsylvania, who died on September 28, (2189) honors the memory of Private First (2208) honors the memory of Master Ser- 2005, in service to the United States in Oper- Class Jason L. Frye, 19, of Landisburg, Penn- geant Kenneth E. Hunt, Jr., 40, of Tucson, ation Iraqi Freedom; sylvania, who died on October 6, 2005, in serv- Arizona, who died on October 12, 2005, in (2171) honors the memory of Specialist Lee ice to the United States in Operation Iraqi service to the United States in Operation A. Wiegand, 20, of Hallstead, Pennsylvania, Freedom; Iraqi Freedom; who died on September 28, 2005, in service to (2190) honors the memory of Lance Cor- (2209) honors the memory of Sergeant the United States in Operation Iraqi Free- poral Patrick Brian Kenny, 20, of Pittsburgh, Lorenzo Ponce Ruiz, 26, of El Paso, Texas, dom; Pennsylvania, who died on October 6, 2005, in who died on October 12, 2005, in service to the (2172) honors the memory of Staff Sergeant service to the United States in Operation United States in Operation Iraqi Freedom; John G. Doles, 29, of Claremore, Oklahoma, Iraqi Freedom; (2210) honors the memory of Specialist (2191) honors the memory of Lance Cor- who died on September 30, 2005, in service to Robert W. Tucker, 20, of Hilham, Tennessee, poral Daniel M. McVicker, 20, of Alliance, the United States in Operation Enduring who died on October 13, 2005, in service to the Ohio, who died on October 6, 2005, in service Freedom; United States in Operation Iraqi Freedom; (2173) honors the memory of Sergeant First to the United States in Operation Iraqi Free- dom; (2211) honors the memory of Petty Officer Class James J. Stoddard, Jr., 29, of Crofton, First Class Howard E. Babcock IV, 33, of Maryland, who died on September 30, 2005, in (2192) honors the memory of Lance Cor- poral Carl L. Raines II, 20, of Coffee, Ala- Houston, Texas, who died on October 13, 2005, service to the United States in Operation En- bama, who died on October 6, 2005, in service in service to the United States in Operation during Freedom; to the United States in Operation Iraqi Free- Iraqi Freedom; (2174) honors the memory of Specialist dom; (2212) honors the memory of Specialist Joshua J. Kynoch, 23, of Santa Rosa, Cali- (2193) honors the memory of Specialist Samuel M. Boswell, 20, of Elkridge, Mary- fornia, who died on October 1, 2005, in service Jeremiah W. Robinson, 20, of Mesa, Arizona, land, who died on October 14, 2005, in service to the United States in Operation Iraqi Free- who died on October 6, 2005, in service to the to the United States in Operation Iraqi Free- dom; United States in Operation Iraqi Freedom; dom; (2175) honors the memory of Staff Sergeant (2194) honors the memory of Sergeant Eric (2213) honors the memory of Specialist Ber- Jens E. Schelbert, 31, of New Orleans, Lou- A. Fifer, 22, of Knoxville, Tennessee, who nard L. Ceo, 23, of Baltimore, Maryland, who isiana, who died on October 1, 2005, in service died on October 7, 2005, in service to the died on October 14, 2005, in service to the to the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; dom; (2195) honors the memory of Private First (2214) honors the memory of Sergeant (2176) honors the memory of Sergeant Mar- Class Benny S. Franklin, 19, of Hammond, Brian R. Conner, 36, of Baltimore, Maryland, shall A. Westbrook, 43, of Farmington, New Louisiana, who died on October 7, 2005, in who died on October 14, 2005, in service to the Mexico, who died on October 1, 2005, in serv- service to the United States in Operation En- United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi during Freedom; (2215) honors the memory of Petty Officer Freedom; (2196) honors the memory of Private First Third Class Fabricio Moreno, 26, of Brook- (2177) honors the memory of Staff Sergeant Class Nicholas J. Greer, 21, of Monroe, Michi- lyn, New York, who died on October 14, 2005, Timothy J. Roark, 29, of Houston, Texas, gan, who died on October 7, 2005, in service to in service to the United States in Operation who died on October 2, 2005, in service to the the United States in Operation Iraqi Free- Enduring Freedom; United States in Operation Iraqi Freedom; dom; (2216) honors the memory of Specialist (2178) honors the memory of Private First (2197) honors the memory of Lance Cor- Scott J. Mullen, 22, of Tucson, Arizona, who Class Roberto C. Baez, 19, of Tampa, Florida, poral Sergio H. Escobar, 18, of Pasadena, died on October 14, 2005, in service to the who died on October 3, 2005, in service to the California, who died on October 8, 2005, in United States in Operation Enduring Free- United States in Operation Iraqi Freedom; service to the United States in Operation dom; (2179) honors the memory of Sergeant Sean Iraqi Freedom; (2217) honors the memory of Sergeant B. Berry, 26, of Mansfield, Texas, who died on (2198) honors the memory of Staff Sergeant Mark P. Adams, 24, of Morrisville, North October 3, 2005, in service to the United Troy S. Ezernack, 39, of Lancaster, Pennsyl- Carolina, who died on October 15, 2005, in States in Operation Iraqi Freedom; vania, who died on October 9, 2005, in service service to the United States in Operation (2180) honors the memory of Sergeant to the United States in Operation Enduring Iraqi Freedom; Bryan W. Large, 31, of Cuyahoga Falls, Ohio, Freedom; (2218) honors the memory of Specialist who died on October 3, 2005, in service to the (2199) honors the memory of Staff Sergeant Thomas H. Byrd, 21, of Tucson, Arizona, who United States in Operation Iraqi Freedom; Gary R. Harper, Jr., 29, of Virden, Illinois, died on October 15, 2005, in service to the (2181) honors the memory of Sergeant who died on October 9, 2005, in service to the United States in Operation Iraqi Freedom; Larry Wayne Pankey, Jr., 34, of Morrison, United States in Operation Iraqi Freedom; (2219) honors the memory of Specialist Jef- Colorado, who died on October 3, 2005, in (2200) honors the memory of Staff Sergeant frey Corban, 28, of Elkhart, Indiana, who service to the United States in Operation Jerry L. Bonifacio, Jr., 28, of Vacaville, Cali- died on October 15, 2005, in service to the Iraqi Freedom; fornia, who died on October 10, 2005, in serv- (2182) honors the memory of Corporal John ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; R. Stalvey, 22, of Conroe, Texas, who died on Freedom; (2220) honors the memory of Specialist October 3, 2005, in service to the United (2201) honors the memory of Specialist Jer- Richard Allen Hardy, 24, of Bolivar, Ohio, States in Operation Iraqi Freedom; emy M. Hodge, 20, of Ridgeway, Ohio, who who died on October 15, 2005, in service to the (2183) honors the memory of Specialist died on October 10, 2005, in service to the United States in Operation Iraqi Freedom; Jacob T. Vanderbosch, 21, of Vadnais United States in Operation Iraqi Freedom; (2221) honors the memory of Staff Sergeant Heights, Minnesota, who died on October 3, (2202) honors the memory of Lieutenant Vincent Summers, 38, of Detroit, Michigan, 2005, in service to the United States in Oper- Colonel Leon G. James II, 46, of Sackets Har- who died on October 15, 2005, in service to the ation Iraqi Freedom; bor, New York, who died on October 10, 2005, United States in Operation Iraqi Freedom; (2184) honors the memory of Private First in service to the United States in Operation (2222) honors the memory of Specialist Class Andrew D. Bedard, 19, of Missoula, Iraqi Freedom; Timothy D. Watkins, 24, of San Bernardino, Montana, who died on October 4, 2005, in (2203) honors the memory of Sergeant Leon California, who died on October 15, 2005, in service to the United States in Operation M. Johnson, 28, of Jacksonville, Florida, who service to the United States in Operation Iraqi Freedom; died on October 10, 2005, in service to the Iraqi Freedom; (2185) honors the memory of Petty Officer United States in Operation Iraqi Freedom; (2223) honors the memory of Private First Second Class Brian K. Joplin, 32, of Hugo, (2204) honors the memory of Sergeant First Class Joseph Cruz, 22, of Whittier, California, Oklahoma, who died on October 4, 2005, in Class Brandon K. Sneed, 33, of Norman, Okla- who died on October 16, 2005, in service to the service to the United States in Operation homa, who died on October 10, 2005, in serv- United States in Operation Enduring Free- Iraqi Freedom; ice to the United States in Operation Iraqi dom; (2186) honors the memory of Sergeant First Freedom; (2224) honors the memory of Lance Cor- Class Moses E. Armstead, 44, of Rochester, (2205) honors the memory of Staff Sergeant poral Daniel Scott R. Bubb, 19, of Grottoes, New York, who died on October 6, 2005, in Matthew A. Kimmell, 30, of Paxton, Indiana, Virginia, who died on October 17, 2005, in service to the United States in Operation En- who died on October 11, 2005, in service to the service to the United States in Operation during Freedom; United States in Operation Iraqi Freedom; Iraqi Freedom; (2187) honors the memory of Lance Cor- (2206) honors the memory of Sergeant Don- (2225) honors the memory of Lance Cor- poral Shayne M. Cabino, 19, of Canton, Mas- ald D. Furman, 30, of Burton, South Caro- poral Chad R. Hildebrandt, 22, of Springer, sachusetts, who died on October 6, 2005, in lina, who died on October 12, 2005, in service New Mexico, who died on October 17, 2005, in service to the United States in Operation to the United States in Operation Iraqi Free- service to the United States in Operation Iraqi Freedom; dom; Iraqi Freedom; (2188) honors the memory of Corporal Nich- (2207) honors the memory of Specialist (2226) honors the memory of Chief Warrant olas O. Cherava, 21, of Ontonagon, Michigan, James T. Grijalva, 26, of Burbank, Illinois, Officer Paul J. Pillen, 28, of Keystone, South

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13853 Dakota, who died on October 17, 2005, in serv- North Wilkesboro, North Carolina, who died who died on October 29, 2005, in service to the ice to the United States in Operation Iraqi on October 21, 2005, in service to the United United States in Operation Iraqi Freedom; Freedom; States in Operation Iraqi Freedom; (2265) honors the memory of Staff Sergeant (2227) honors the memory of Lance Cor- (2246) honors the memory of Staff Sergeant Travis W. Nixon, 24, of St. John, Washington, poral Christopher M. Poston, 20, of Glendale, George T. Alexander, Jr., 34, of Killeen, who died on October 29, 2005, in service to the Arizona, who died on October 17, 2005, in Texas, who died on October 22, 2005, in serv- United States in Operation Enduring Free- service to the United States in Operation ice to the United States in Operation Iraqi dom; Iraqi Freedom; Freedom; (2266) honors the memory of Private First (2228) honors the memory of Specialist (2247) honors the memory of Lance Cor- Class Kenny D. Rojas, 21, of Pembroke Pines, Lucas A. Frantz, 22, of Tonganoxie, Kansas, poral Jonathan R. Spears, 21, of Molino, Florida, who died on October 29, 2005, in serv- who died on October 18, 2005, in service to the Florida, who died on October 23, 2005, in service to the United States in Operation Iraqi United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Freedom; (2229) honors the memory of Lance Cor- Freedom; (2267) honors the memory of Staff Sergeant poral Norman W. Anderson III, 21, of (2248) honors the memory of Corporal Ben- Joel P. Dameron, 27, of Ellabell, Georgia, Parkton, Maryland, who died on October 19, jamin D. Hoeffner, 21, of Wheat Ridge, Colo- who died on October 30, 2005, in service to the 2005, in service to the United States in Oper- rado, who died on October 25, 2005, in service United States in Operation Iraqi Freedom; ation Iraqi Freedom; to the United States in Operation Iraqi Free- (2268) honors the memory of Sergeant Mi- (2230) honors the memory of Specialist dom; chael Paul Hodshire, 25, of North Adams, Daniel D. Bartels, 22, of Huron, South Da- (2249) honors the memory of Specialist Michigan, who died on October 30, 2005, in kota, who died on October 19, 2005, in service Christopher T. Monroe, 19, of Kendallville, service to the United States in Operation to the United States in Operation Iraqi Free- Indiana, who died on October 25, 2005, in serv- Iraqi Freedom; dom; ice to the United States in Operation Iraqi (2269) honors the memory of Specialist Wil- (2231) honors the memory of Staff Sergeant Freedom; liam J. Byler, 23, of Ballinger, Texas, who Tommy Ike Folks, Jr., 31, of Amarillo, (2250) honors the memory of Sergeant Mi- died on October 31, 2005, in service to the Texas, who died on October 19, 2005, in serv- chael T. Robertson, 28, of Houston, Texas, United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi who died on October 25, 2005, in service to the (2270) honors the memory of Specialist Freedom; United States in Operation Iraqi Freedom; Derence W. Jack, 31, of Saipan, Northern (2232) honors the memory of Specialist (2251) honors the memory of Sergeant First Mariana Islands, who died on October 31, Kendall K. Frederick, 21, of Randallstown, Class Ramon A. Acevedoaponte, 51, of Water- 2005, in service to the United States in Oper- Maryland, who died on October 19, 2005, in town, New York, who died on October 26, ation Iraqi Freedom; service to the United States in Operation 2005, in service to the United States in Oper- (2271) honors the memory of Private Adam Iraqi Freedom; ation Iraqi Freedom; R. ‘‘A.J.’’ Johnson, 22, of Clayton, Ohio, who (2233) honors the memory of Sergeant Ar- (2252) honors the memory of Staff Sergeant died on October 31, 2005, in service to the thur A. Mora, Jr., 23, of Pico Rivera, Cali- Lewis J. Gentry, 48, of Detroit, Michigan, United States in Operation Iraqi Freedom; fornia, who died on October 19, 2005, in serv- who died on October 26, 2005, in service to the (2272) honors the memory of Sergeant First ice to the United States in Operation Iraqi United States in Operation Iraqi Freedom; Class Matthew R. Kading, 32, of Madison, Freedom; (2253) honors the memory of Sergeant Evan Wisconsin, who died on October 31, 2005, in (2234) honors the memory of Specialist S. Parker, 25, of Arkansas City, Kansas, who service to the United States in Operation Russell H. Nahvi, 24, of Arlington, Texas, died on October 26, 2005, in service to the Iraqi Freedom; who died on October 19, 2005, in service to the United States in Operation Iraqi Freedom; (2273) honors the memory of Staff Sergeant United States in Operation Iraqi Freedom; (2254) honors the memory of Master Ser- Wilgene T. Lieto, 28, of Saipan, Northern (2235) honors the memory of Specialist geant Thomas A. Wallsmith, 38, of Carthage, Mariana Islands, who died on October 31, Jose E. Rosario, 20, of St. Croix, Virgin Is- Missouri, who died on October 26, 2005, in 2005, in service to the United States in Oper- lands, who died on October 19, 2005, in service service to the United States in Operation ation Iraqi Freedom; to the United States in Operation Iraqi Free- Iraqi Freedom; (2274) honors the memory of Private First dom; (2255) honors the memory of Sergeant Class David J. Martin, 21, of Edmond, Okla- (2236) honors the memory of Sergeant James Witkowski, 32, of Surprise, Arizona, homa, who died on October 31, 2005, in serv- Jacob D. Dones, 21, of Dimmitt, Texas, who who died on October 26, 2005, in service to the ice to the United States in Operation Iraqi died on October 20, 2005, in service to the United States in Operation Iraqi Freedom; Freedom; United States in Operation Iraqi Freedom; (2256) honors the memory of Lance Cor- (2275) honors the memory of First Lieuten- (2237) honors the memory of Staff Sergeant poral Robert F. Eckfield, Jr., 23, of Cleve- ant Robert C. Oneto-Sikorski, 33, of Bay St. Dennis P. Merck, 38, of Evans, Georgia, who land, Ohio, who died on October 27, 2005, in Louis, Mississippi, who died on October 31, died on October 20, 2005, in service to the service to the United States in Operation 2005, in service to the United States in Oper- United States in Operation Iraqi Freedom; Iraqi Freedom; ation Iraqi Freedom; (2238) honors the memory of Staff Sergeant (2257) honors the memory of Lance Cor- (2276) honors the memory of Sergeant First Richard T. Pummill, 27, of Cincinnati, Ohio, poral Jared J. Kremm, 24, of Hauppage, New Class Jonathan Tessar, 36, of Simi Valley, who died on October 20, 2005, in service to the York, who died on October 27, 2005, in service California, who died on October 31, 2005, in United States in Operation Iraqi Freedom; to the United States in Operation Iraqi Free- service to the United States in Operation (2239) honors the memory of Lance Cor- dom; Iraqi Freedom; poral Andrew D. Russoli, 21, of Greensboro, (2258) honors the memory of Staff Sergeant (2277) honors the memory of Petty Officer North Carolina, who died on October 20, 2005, Daniel R. Lightner, Jr., 28, of Hollidaysburg, Second Class Allan M. Espiritu, 28, of in service to the United States in Operation Pennsylvania, who died on October 27, 2005, Oxnard, California, who died on November 1, Iraqi Freedom; in service to the United States in Operation 2005, in service to the United States in Oper- (2240) honors the memory of Lance Cor- Iraqi Freedom; ation Iraqi Freedom; poral Steven W. Szwydek, 20, of (2259) honors the memory of Captain Mi- (2278) honors the memory of Sergeant Dan- Warfordsburg, Pennsylvania, who died on Oc- chael J. Mackinnon, 30, of Helena, Montana, iel A. Tsue, 27, of Honolulu, Hawaii, who died tober 20, 2005, in service to the United States who died on October 27, 2005, in service to the on November 1, 2005, in service to the United in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; (2241) honors the memory of Lance Cor- (2260) honors the memory of Colonel Wil- (2279) honors the memory of Major Gerald poral Kenneth J. Butler, 19, of Rowan, North liam W. Wood, 44, of Panama City, Florida, M. Bloomfield II, 38, of Ypsilanti, Michigan, Carolina, who died on October 21, 2005, in who died on October 27, 2005, in service to the who died on November 2, 2005, in service to service to the United States in Operation United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Iraqi Freedom; (2261) honors the memory of First Lieuten- dom; (2242) honors the memory of Corporal ant Debra A. Banaszak, 35, of Bloomington, (2280) honors the memory of Specialist Benny Gray Cockerham III, 21, of Conover, Illinois, who died on October 28, 2005, in serv- Dennis J. Ferderer, Jr., 20, of New Salem, North Carolina, who died on October 21, 2005, ice to the United States in Operation Iraqi North Dakota, who died on November 2, 2005, in service to the United States in Operation Freedom; in service to the United States in Operation Iraqi Freedom; (2262) honors the memory of Private First Iraqi Freedom; (2243) honors the memory of Corporal Class Dillon M. Jutras, 20, of Fairfax Sta- (2281) honors the memory of Private 1st Seamus M. Davey, 25, of Lewis, New York, tion, Virginia, who died on October 28, 2005, Class Tyler R. MacKenzie, 20, of Evans, Colo- who died on October 21, 2005, in service to the in service to the United States in Operation rado, who died on November 2, 2005, in serv- United States in Operation Iraqi Freedom; Iraqi Freedom; ice to the United States in Operation Iraqi (2244) honors the memory of Captain Tyler (2263) honors the memory of Sergeant Freedom; B. Swisher, 35, of Cincinnati, Ohio, who died Shaker T. Guy, 23, of Pomona, California, (2282) honors the memory of Captain Mi- on October 21, 2005, in service to the United who died on October 29, 2005, in service to the chael D. Martino, 32, of Fairfax, Virginia, States in Operation Iraqi Freedom; United States in Operation Iraqi Freedom; who died on November 2, 2005, in service to (2245) honors the memory of Petty Officer (2264) honors the memory of Captain Ray- the United States in Operation Iraqi Free- Third Class Christopher W. Thompson, 25, of mond D. Hill II, 39, of Turlock, California, dom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 S13854 CONGRESSIONAL RECORD — SENATE December 16, 2005 (2283) honors the memory of Specialist ice to the United States in Operation Iraqi died on November 15, 2005, in service to the Joshua J. Munger, 22, of Maysville, Missouri, Freedom; United States in Operation Iraqi Freedom; who died on November 2, 2005, in service to (2301) honors the memory of Private 1st (2319) honors the memory of Private 1st the United States in Operation Iraqi Free- Class Mario A. Reyes, 19, of Las Cruces, New Class Travis J. Grigg, 24, of Inola, Oklahoma, dom; Mexico, who died on November 7, 2005, in who died on November 15, 2005, in service to (2284) honors the memory of 2nd Lieuten- service to the United States in Operation the United States in Operation Iraqi Free- ant Mark J. Procopio, 28, of Stowe, Vermont, Iraqi Freedom; dom; who died on November 2, 2005, in service to (2302) honors the memory of 1st Lieutenant (2320) honors the memory of Specialist the United States in Operation Iraqi Free- Justin S. Smith, 28, of Lansing, Michigan, Matthew J. Holley, 21, of San Diego, Cali- dom; who died on November 7, 2005, in service to fornia, who died on November 15, 2005, in (2285) honors the memory of Specialist the United States in Operation Iraqi Free- service to the United States in Operation Benjamin A. Smith, 21, of Hudson, Wis- dom; Iraqi Freedom; consin, who died on November 2, 2005, in (2303) honors the memory of Jeromy (2321) honors the memory of Sergeant 1st service to the United States in Operation Tamburello, 19, of Adams County, Colorado, Class James S. Ochsner, 36, of Waukegan, Il- Iraqi Freedom; who died on November 7, 2005, in service to linois, who died on November 15, 2005, in (2286) honors the memory of Specialist the United States in Operation Iraqi Free- service to the United States in Operation En- Darren D. Howe, 21, of Beatrice, Nebraska, dom; during Freedom; who died on November 3, 2005, in service to (2304) honors the memory of Gunnery Ser- (2322) honors the memory of Lance Cor- the United States in Operation Iraqi Free- geant Darrell W. Boatman, 38, of Fayette- poral Nickolas David Schiavoni, 26, of Haver- dom; ville, North Carolina, who died on November hill, Massachusetts, who died on November (2287) honors the memory of Sergeant 1st 4, 2005, in service to the United States in Op- 15, 2005, in service to the United States in Class Daniel J. Pratt, 48, of Youngstown, eration Iraqi Freedom; Operation Iraqi Freedom; Ohio, who died on November 3, 2005, in serv- (2305) honors the memory of Sergeant 1st (2323) honors the memory of Lance Cor- ice to the United States in Operation Iraqi Class Alwyn C. ‘‘Al’’ Cashe, 35, of Oviedo, poral Roger W. Deeds, 24, of Biloxi, Mis- Freedom; Florida, who died on November 8, 2005, in sissippi, who died on November 16, 2005, in (2288) honors the memory of Captain Jef- service to the United States in Operation service to the United States in Operation frey P. Toczylowski, 30, of Upper Moreland, Iraqi Freedom; Iraqi Freedom; Pennsylvania, who died on November 3, 2005, (2306) honors the memory of Staff Sergeant (2324) honors the memory of Lance Cor- in service to the United States in Operation Michael C. Parrott, 49, of Timnath, Colorado, poral John A. ‘‘JT’’ Lucente, 19, of Grass Iraqi Freedom; who died on November 10, 2005, in service to Valley, California, who died on November 16, (2289) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- 2005, in service to the United States in Oper- Kyle B. Wehrly, 28, of Galesburg, Illinois, dom; ation Iraqi Freedom; who died on November 3, 2005, in service to (2307) honors the memory of Lance Cor- (2325) honors the memory of 2nd Lieuten- the United States in Operation Iraqi Free- poral Daniel Freeman Swaim, 19, of ant Donald R. McGlothin, 26, of Lebanon, dom; Yadkinville, North Carolina, who died on No- Virginia, who died on November 16, 2005, in (2290) honors the memory of Specialist vember 10, 2005, in service to the United service to the United States in Operation Timothy D. Brown, 23, of Cedar Springs, States in Operation Iraqi Freedom; Iraqi Freedom; Michigan, who died on November 4, 2005, in (2308) honors the memory of Sergeant (2326) honors the memory of Sergeant Jer- service to the United States in Operation Joshua A. Terando, 27, of Morris, Illinois, emy E. Murray, 27, of Atwater, Ohio, who Iraqi Freedom; who died on November 10, 2005, in service to died on November 16, 2005, in service to the (2291) honors the memory of Staff Sergeant the United States in Operation Iraqi Free- United States in Operation Iraqi Freedom; Jason A. Fegler, 24, of Virginia Beach, Vir- dom; (2327) honors the memory of Private Dylan ginia, who died on November 4, 2005, in serv- (2309) honors the memory of Sergeant Ty- R. Paytas, 20, of Freedom, Pennsylvania, ice to the United States in Operation Iraqi rone L. Chisholm, 27, of Savannah, Georgia, who died on November 16, 2005, in service to Freedom; who died on November 11, 2005, in service to the United States in Operation Iraqi Free- (2292) honors the memory of Captain James the United States in Operation Iraqi Free- dom; M. Gurbisz, 25, of Eatontown, New Jersey, dom; (2328) honors the memory of Corporal Jef- who died on November 4, 2005, in service to (2310) honors the memory of Corporal Don- fry A. Rogers, 21, of Oklahoma City, Okla- the United States in Operation Iraqi Free- ald E. Fisher II, 21, of Avon, Massachusetts, homa, who died on November 16, 2005, in dom; who died on November 11, 2005, in service to service to the United States in Operation (2293) honors the memory of Private 1st the United States in Operation Iraqi Free- Iraqi Freedom; Class Dustin A. Yancey, 22, of Goose Creek, dom; (2329) honors the memory of Specialist South Carolina, who died on November 4, (2311) honors the memory of Private 1st Alexis Roman-Cruz, 33, of Brandon, Florida, 2005, in service to the United States in Oper- Class Antonio ‘‘Tony’’ Mendez Sanchez, 22, of who died on November 16, 2005, in service to ation Iraqi Freedom; Rincon, Puerto Rico, who died on November the United States in Operation Iraqi Free- (2294) honors the memory of Lieutenant 11, 2005, in service to the United States in dom; Colonel Thomas A. Wren, 44, of Lorton, Vir- Operation Iraqi Freedom; (2330) honors the memory of Corporal Josh- ginia, who died on November 5, 2005, in serv- (2312) honors the memory of Lance Cor- ua J. Ware, 20, of Apache, Oklahoma, who ice to the United States in Operation Iraqi poral David A. Mendez Ruiz, 20, of Cleveland, died on November 16, 2005, in service to the Freedom; Ohio, who died on November 12, 2005, in serv- United States in Operation Iraqi Freedom; (2295) honors the memory of Captain Joel ice to the United States in Operation Iraqi (2331) honors the memory of Staff Sergeant Cahill, 34, of Omaha, Nebraska, who died on Freedom; Ivan Vargas Alarcon, 23, of Jerome, Idaho, November 6, 2005, in service to the United (2313) honors the memory of Staff Sergeant who died on November 17, 2005, in service to States in Operation Iraqi Freedom; Stephen J. Sutherland, 33, of West Deptford, the United States in Operation Iraqi Free- (2296) honors the memory of Sergeant 1st New Jersey, who died on November 12, 2005, dom; Class James F. Hayes, 48, of Barstow, Cali- in service to the United States in Operation (2332) honors the memory of Specialist fornia, who died on November 6, 2005, in serv- Iraqi Freedom; Vernon R. Widner, 34, of Redlands, Cali- ice to the United States in Operation Iraqi (2314) honors the memory of Lance Cor- fornia, who died on November 17, 2005, in Freedom; poral Scott A. Zubowski, 20, of Manchester, service to the United States in Operation (2297) honors the memory of Jeromy Indiana, who died on November 12, 2005, in Iraqi Freedom; Tamburello, 19, of Adams County, Colorado, service to the United States in Operation (2333) honors the memory of Private 1st who died on November 7, 2005, in service to Iraqi Freedom; Class Anthony Alexander ‘‘Alex’’ Gaunky, 19, the United States in Operation Iraqi Free- (2315) honors the memory of Corporal John of Sparta, Wisconsin, who died on November dom; M. Longoria, 21, of Nixon, Texas, who died on 18, 2005, in service to the United States in (2298) honors the memory of Lance Cor- November 14, 2005, in service to the United Operation Iraqi Freedom; poral Ryan J. Sorensen, 26, of Boca Raton, States in Operation Iraqi Freedom; (2334) honors the memory of Sergeant Luis Florida, who died on November 6, 2005, in (2316) honors the memory of Lance Cor- R. Reyes, 26, of Aurora, Colorado, who died service to the United States in Operation poral Christopher M. McCrackin, 20, of Liver- on November 18, 2005, in service to the Iraqi Freedom; pool, Texas, who died on November 14, 2005, United States in Operation Iraqi Freedom; (2299) honors the memory of Staff Sergeant in service to the United States in Operation (2335) honors the memory of Private Chris- Brian L. Freeman, 27, of Lucedale, Mis- Iraqi Freedom; topher M. Alcozer, 21, of Villa Park/DeKalb, sissippi, who died on November 7, 2005, in (2317) honors the memory of Major Ramon Illinois, who died on November 19, 2005, in service to the United States in Operation J. Mendoza, Jr., 37, of Columbus, Ohio, who service to the United States in Operation Iraqi Freedom; died on November 14, 2005, in service to the Iraqi Freedom; (2300) honors the memory of Specialist United States in Operation Iraqi Freedom; (2336) honors the memory of Corporal Jona- Robert C. Pope II, 22, of East Islip, New (2318) honors the memory of Staff Sergeant than F. Blair, 21, of Fort Wayne, Indiana, York, who died on November 7, 2005, in serv- James E. Estep, 26, of Leesburg, Florida, who who died on November 19, 2005, in service to

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13855 the United States in Operation Iraqi Free- who died on November 24, 2005, in service to service to the United States in Operation dom; the United States in Operation Iraqi Free- Iraqi Freedom; (2337) honors the memory of Specialist dom; (2373) honors the memory of Lance Cor- Dominic Joseph Hinton, 24, of Jacksonville, (2355) honors the memory of Staff Sergeant poral Andrew G. Patten, 19, of Byron, Illi- Texas, who died on November 19, 2005, in Steven C. Reynolds, 32, of Jordan, New York, nois, who died on December 1, 2005, in service service to the United States in Operation who died on November 24, 2005, in service to to the United States in Operation Iraqi Free- Iraqi Freedom; the United States in Operation Iraqi Free- dom; (2338) honors the memory of Specialist Mi- dom; (2374) honors the memory of Sergeant Andy chael J. Idanan, 21, of Chula Vista, Cali- (2356) honors the memory of Specialist A. Stevens, 29, of Tomah, Wisconsin, who fornia, who died on November 19, 2005, in Javier A. Villanueva, 25, of Temple, Texas, died on December 1, 2005, in service to the service to the United States in Operation who died on November 24, 2005, in service to United States in Operation Iraqi Freedom; Iraqi Freedom; the United States in Operation Iraqi Free- (2375) honors the memory of Lance Cor- (2339) honors the memory of Staff Sergeant dom; poral Craig N. Watson, 21, of Union City, Edward Karolasz, 25, of Powder Springs, New (2357) honors the memory of Specialist Michigan, who died on December 1, 2005, in Jersey, who died on November 19, 2005, in Gregory L. Tull, 20, of Pocahontas, Iowa, service to the United States in Operation service to the United States in Operation who died on November 25, 2005, in service to Iraqi Freedom; Iraqi Freedom; the United States in Operation Iraqi Free- (2376) honors the memory of Sergeant Phil- (2340) honors the memory of Lance Cor- dom; ip Allan Dodson, Jr., 42, of Forsyth, Georgia, poral Miguel Terrazas, 20, of El Paso, Texas, (2358) honors the memory of Master Ser- who died on December 2, 2005, in service to who died on November 19, 2005, in service to geant Brett E. Angus, 40, of St. Paul, Min- the United States in Operation Iraqi Free- the United States in Operation Iraqi Free- nesota, who died on November 26, 2005, in dom; dom; service to the United States in Operation (2377) honors the memory of Specialist (2341) honors the memory of Lance Cor- Iraqi Freedom; Marcus S. Futrell, 20, of Macon, Georgia, poral Tyler J. Troyer, 21, of Tangent, Or- (2359) honors the memory of Sergeant Don- who died on December 2, 2005, in service to egon, who died on November 19, 2005, in serv- ald J. Hasse, 28, of Wichita Falls, Texas, who ice to the United States in Operation Iraqi died on November 29, 2005, in service to the the United States in Operation Iraqi Free- Freedom; United States in Operation Iraqi Freedom; dom; (2342) honors the memory of Master Ser- (2360) honors the memory of Sergeant (2378) honors the memory of Staff Sergeant geant Anthony R.C. Yost, 39, of Millington/ Jerry W. Mills, Jr., 23, of Arkansas City, Philip L. Travis, 41, of Snellville, Georgia, Flint, Michigan, who died on November 19, Kansas, who died on November 29, 2005, in who died on December 2, 2005, in service to 2005, in service to the United States in Oper- service to the United States in Operation the United States in Operation Iraqi Free- ation Iraqi Freedom; Iraqi Freedom; dom; (2343) honors the memory of 1st Lieutenant (2361) honors the memory of Sergeant (2379) honors the memory of Corporal Dennis W. Zilinski, 23, of Freehold, New Jer- Grzegorz Jakoniuk, 25, of Schiller Park, Illi- Jimmy Lee Shelton, 21, of Lehigh Acres, sey, who died on November 19, 2005, in serv- nois, who died on November 30, 2005, in serv- Florida, who died on December 3, 2005, in ice to the United States in Operation Iraqi ice to the United States in Operation Iraqi service to the United States in Operation Freedom; Freedom; Iraqi Freedom; (2344) honors the memory of Sergeant (2362) honors the memory of Staff Sergeant (2380) honors the memory of Staff Sergeant Dominic J. Sacco, 32, of Albany, New York, William D. Richardson, 30, of Houston, Daniel M. Cuka, 27, of Yankton, South Da- who died on November 20, 2005, in service to Texas, who died on November 30, 2005, in kota, who died on December 4, 2005, in serv- the United States in Operation Iraqi Free- service to the United States in Operation ice to the United States in Operation Iraqi dom; Iraqi Freedom; Freedom; (2345) honors the memory of Petty Officer (2363) honors the memory of Corporal Josh- (2381) honors the memory of Sergeant 1st 3rd Class Emory J. Turpin, 23, of Dahlonega, ua D. Snyder, 20, of Hampstead, Maryland, Class Richard L. Schild, 40, of Tabor, South Georgia, who died on November 20, 2005, in who died on November 30, 2005, in service to Dakota, who died on December 4, 2005, in service to the United States in Operation En- the United States in Operation Iraqi Free- service to the United States in Operation during Freedom; dom; Iraqi Freedom; (2346) honors the memory of Private 1st (2364) honors the memory of Corporal Wil- (2382) honors the memory of Private 1st Class John Wilson ‘‘J.W.’’ Dearing, 21, of liam G. Taylor, 26, of Macon, Georgia, who Class Thomas C. Siekert, 20, of Lovelock, Ne- Hazel Park, Michigan, who died on November died on November 30, 2005, in service to the vada, who died on December 6, 2005, in serv- 21, 2005, in service to the United States in United States in Operation Iraqi Freedom; ice to the United States in Operation Iraqi Operation Iraqi Freedom; (2365) honors the memory of Sergeant 1st Freedom; (2347) honors the memory of Sergeant Class Brent A. Adams, 40, of West View, (2383) honors the memory of Specialist Denis J. Gallardo, 22, of St. Petersburg, Flor- Pennsylvania, who died on December 1, 2005, Brian A. Wright, 19, of Keensburg, Illinois, ida, who died on November 22, 2005, in service in service to the United States in Operation who died on December 6, 2005, in service to to the United States in Operation Iraqi Free- Iraqi Freedom; the United States in Operation Iraqi Free- dom; (2366) honors the memory of Staff Sergeant dom; (2348) honors the memory of Specialist Daniel J. Clay, 27, of Pensacola, Florida, who (2384) honors the memory of Corporal Jo- Matthew P. Steyart, 21, of Mount Shasta, died on December 1, 2005, in service to the seph P. Bier, 22, of Centralia, Washington, California, who died on November 22, 2005, in United States in Operation Iraqi Freedom; who died on December 7, 2005, in service to service to the United States in Operation En- (2367) honors the memory of Lance Cor- the United States in Operation Iraqi Free- during Freedom; poral John M. Holmason, 20, of Suprise, Ari- dom; (2349) honors the memory of Staff Sergeant zona, who died on December 1, 2005, in serv- (2385) honors the memory of Sergeant Mi- Aram J. Bass, 25, of Niagara Falls, New ice to the United States in Operation Iraqi chael C. Taylor, 23, of Hockley, Texas, who York, who died on November 23, 2005, in serv- Freedom; died on December 7, 2005, in service to the ice to the United States in Operation Iraqi (2368) honors the memory of Lance Cor- United States in Operation Iraqi Freedom; Freedom; poral David A. Huhn, 24, of Portland, Michi- (2386) honors the memory of Sergeant (2350) honors the memory of Specialist gan, who died on December 1, 2005, in service Spencer C. Akers, 35, of Traverse City, Allen J. Knop, 22, of Willowick, Ohio, who to the United States in Operation Iraqi Free- Michigan, who died on December 8, 2005, in died on November 23, 2005, in service to the dom; service to the United States in Operation United States in Operation Iraqi Freedom; (2369) honors the memory of Lance Cor- Iraqi Freedom; (2351) honors the memory of Sergeant Wil- poral Adam Wade Kaiser, 19, of Naperville, (2387) honors the memory of Staff Sergeant liam B. Meeuwsen, 24, of Kingwood, Texas, Illinois, who died on December 1, 2005, in Milton Rivera-Vargas, 55, of Boqueron, Puer- who died on November 23, 2005, in service to service to the United States in Operation to Rico, who died on December 8, 2005, in the United States in Operation Iraqi Free- Iraqi Freedom; service to the United States in Operation dom; (2370) honors the memory of Lance Cor- Iraqi Freedom; (2352) honors the memory of Private 1st poral Robert Alexander Martinez, 20, of (2388) honors the memory of 1st Lieutenant Class Ryan D. Christensen, 22, of Spring Splendora, Texas, who died on December 1, Kevin J. Smith, 28, of Brandon, Florida, who Lake Heights, New Jersey, who died on No- 2005, in service to the United States in Oper- died on December 8, 2005, in service to the vember 24, 2005, in service to the United ation Iraqi Freedom; United States in Operation Iraqi Freedom; States in Operation Iraqi Freedom; (2371) honors the memory of Corporal An- (2389) honors the memory of Sergeant Adri- (2353) honors the memory of Private 1st thony T. McElveen, 20, of Little Falls, Min- an N. Orosco, 26, of Corcoran, California, who Class Marc A. Delgado, 21, of Lithia, Florida, nesota, who died on December 1, 2005, in died on December 9, 2005, in service to the who died on November 24, 2005, in service to service to the United States in Operation United States in Operation Iraqi Freedom; the United States in Operation Iraqi Free- Iraqi Freedom; (2390) honors the memory of Sergeant Julia dom; (2372) honors the memory of Lance Cor- V. Atkins, 22, of Bossier City, Louisiana, who (2354) honors the memory of Sergeant 1st poral Scott T. Modeen, 24, of Hennepin, Min- died on December 10, 2005, in service to the Class Eric P. Pearrow, 40, of Peoria, Illinois, nesota, who died on December 1, 2005, in United States in Operation Iraqi Freedom;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 S13856 CONGRESSIONAL RECORD — SENATE December 16, 2005 (2391) honors the memory of Sergeant ties, including political activities, that may SENATE CONCURRENT RESOLU- Kenith Casica, 32, of Virginia Beach, Vir- be contrary to government policies; TION 72—REQUESTING THE ginia, who died on December 10, 2005, in serv- Whereas domestic, international, and for- PRESIDENT TO ISSUE A PROCLA- ice to the United States in Operation Iraqi eign nongovernmental organizations are cru- MATION ANNUALLY CALLING Freedom; cial in assisting the Russian Federation and UPON THE PEOPLE OF THE (2392) honors the memory of Sergeant Clar- the Russian people in tackling the many ence L. Floyd, Jr., 28, of Manhattan, New UNITED STATES TO OBSERVE challenges they face, including in such areas GLOBAL FAMILY DAY, ONE DAY York, who died on December 10, 2005, in serv- as education, infectious diseases, and the es- ice to the United States in Operation Iraqi tablishment of a flourishing democracy; OF PEACE AND SHARING, AND Freedom; Whereas the Government of the Russian FOR OTHER PURPOSES (2393) honors the memory of Staff Sergeant Federation has proposed legislation that Mr. INOUYE (for himself, Mr. COLE- Travis L. Nelson, 41, of Anniston, Alabama, would have the effect of severely restricting who died on December 10, 2005, in service to MAN, and Mr. KENNEDY) submitted the the United States in Operation Iraqi Free- the establishment, operations, and activities following concurrent resolution; which dom; of domestic, international, and foreign non- was referred to the Committee on the (2394) honors the memory of Staff Sergeant governmental organizations in the Russian Judiciary: Keith A. Bennett, 32, of Holtwood, Pennsyl- Federation, including erecting unprece- S. CON. RES. 72 dented barriers to foreign assistance; vania, who died on December 11, 2005, in serv- Whereas, in the year 2005, the people of the ice to the United States in Operation Iraqi Whereas the State Duma of the Russian world suffered many calamitous events, in- Freedom; Federation is considering the first draft of cluding devastation from tsunami, terror at- (2395) honors the memory of Sergeant 1st such legislation; tacks, war, famine, genocide, hurricanes, Class James S. ‘‘Shawn’’ Moudy, 37, of New- Whereas the restrictions in the first draft earthquakes, political and religious conflict, ark, Delaware, who died on December 11, of this legislation would impose disabling re- disease, poverty, and rioting, all necessi- 2005, in service to the United States in Oper- straints on the establishment, operations, tating global cooperation, compassion, and ation Iraqi Freedom; and activities of nongovernmental organiza- unity previously unprecedented among di- (2396) honors the memory of Specialist tions and on civil society throughout the verse cultures, faiths, and economic classes; Jared William Kubasak, 25, of Rocky Mount, Russian Federation, regardless of the stated Whereas grave global challenges in the Virginia, who died on December 12, 2005, in intent of the Government of the Russian year 2006 may require cooperation and inno- service to the United States in Operation Federation; vative problem solving among citizens and Iraqi Freedom; Whereas the stated concerns of the Govern- nations on an even greater scale; (2397) honors the memory of Staff Sergeant ment of the Russian Federation regarding Whereas, on December 15, 2000, Congress Curtis A. Mitchell, 28, of Evansville, Indiana, the use of nongovernmental organizations by adopted Senate Concurrent Resolution 138, who died on December 12, 2005, in service to foreign interests and intelligence agencies to expressing the sense of Congress that the the United States in Operation Iraqi Free- undermine the Government of the Russian President of the United States should issue a dom; proclamation each year calling upon the peo- (2398) honors the memory of Specialist Lex Federation and the security of the Russian Federation as a whole can be fully addressed ple of the United States and interested orga- S. Nelson, 21, of Salt Lake City, Utah, who nizations to observe an international day of without imposing disabling restraints on died on December 12, 2005, in service to the peace and sharing at the beginning of each nongovernmental organizations and on civil United States in Operation Iraqi Freedom; year; and society; Whereas, in 2001, the United Nations Gen- (2399) will continue to honor the memory Whereas there is active debate underway in eral Assembly adopted Resolution 56/2, which of all members of the Armed Forces of the the Russian Federation over concerns re- invited ‘‘Member States, intergovernmental United States who may fall in future service garding such restrictions on nongovern- and non-governmental organizations and all in Operation Enduring Freedom and Oper- mental organizations; the peoples of the world to celebrate One ation Iraqi Freedom. Whereas the State Duma and the Federa- Day in Peace, 1 January 2002, and every year f tion Council of the Federal Assembly play a thereafter’’; central role in the system of checks and bal- Whereas many foreign heads of state have SENATE RESOLUTION 339—URGING ances that are prerequisites for a democracy; recognized the importance of establishing THE GOVERNMENT OF THE RUS- Whereas the first draft of the proposed leg- Global Family Day, a special day of inter- SIAN FEDERATION TO WITH- islation has already passed its first reading national unity, peace, and sharing, on the DRAW THE FIRST DRAFT OF THE in the State Duma; first day of each year; PROPOSED LEGISLATION AS Whereas President Putin has indicated his Whereas Congress desires to express and PASSED IN ITS FIRST READING desire for changes in the first draft that demonstrate its appreciation to the citizens IN THE STATE DUMA THAT would ‘‘correspond more closely to the prin- of the more than 100 countries who offered WOULD HAVE THE EFFECT OF ciples according to which civil society func- aid to United States hurricane victims, to make tangible efforts to reverse the growing SEVERELY RESTRICTING THE tions’’; and Whereas Russia’s destiny and the interests mistrust of the United States, and to im- ESTABLISHMENT, OPERATIONS, prove relations with others; and of her people lie in her assumption of her AND ACTIVITIES OF DOMESTIC, Whereas family is the basic structure of rightful place as a full and equal member of INTERNATIONAL, AND FOREIGN humanity, and we must all look to the sta- NONGOVERNMENTAL ORGANIZA- the international community of democ- bility and love within our individual families racies: Now, therefore, be it TIONS IN THE RUSSIAN FEDERA- to create stability in the global community: TION, OR TO MODIFY THE PRO- Resolved by the Senate, That the Senate— Now, therefore, be it Resolved by the Senate (the House of Rep- POSED LEGISLATION TO EN- (1) urges the Government of the Russian Federation to withdraw the first draft of the resentatives concurring), That Congress ur- TIRELY REMOVE THESE RE- gently requests the following: STRICTIONS proposed legislation that would have the effect of severely restricting the establish- (1) That the President issue a proclamation Mr. MCCAIN (for himself, Mr. BIDEN, ment, operations, and activities of domestic, annually calling upon the people of the United States to observe Global Family Day, Mr. LIEBERMAN, and Mr. DURBIN) sub- international, and foreign nongovernmental One Day of Peace and Sharing, a day which organizations in the Russian Federation, or mitted the following resolution; which is dedicated— was considered and agreed to: to modify the proposed legislation to en- (A) to eradicating violence, hunger, pov- S. RES. 339 tirely remove these restrictions; and erty, and suffering; and (2) in the event that the first draft of the Whereas Russian Federation President (B) to establishing greater trust and fel- Putin has stated that ‘‘modern Russia’s proposed legislation is not withdrawn, urges lowship among peace-loving nations and greatest achievement is the democratic proc- the State Duma and the Federation Council families everywhere. ess (and) the achievements of our civil soci- of the Federal Assembly to modify the legis- (2) That the President invite former Presi- ety’’; lation to ensure the unobstructed establish- dents of the United States, Nobel laureates, Whereas the unobstructed establishment ment and free and autonomous operations and other notables, including business, labor, and free and autonomous operations and ac- and activities of such nongovernmental orga- faith, and civic leaders of the United States, tivities of nongovernmental organizations nizations in accordance with the practices to join the President in promoting appro- and a robust civil society free from excessive universally adopted by democracies, includ- priate activities for the people of the United government control are central and indispen- ing the provisions regarding foreign assist- States and in extending appropriate greet- sable elements of a democratic society; ance. ings from the families of the United States Whereas the free and autonomous oper- to families in the rest of the world. ations of nongovernmental organizations in Mr. INOUYE. Mr. President, I rise to any society necessarily encompass activi- submit a Senate Concurrent Resolution

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.185 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13857 requesting the President to issue a tion calling on State and local governments ural gas pipeline located in the Delaware proclamation annually calling upon and the people of the United States to ob- Water Gap National Recreation Area, to the people of the United States to observe an American Jewish History Month allow certain commercial vehicles to con- serve Global Family Day, One Day of with appropriate programs, ceremonies, and tinue to use Route 209 within the Delaware activities. Water Gap National Recreation Area, and to Peace and Sharing, on the first of each extend the termination date of the National January. This measure is co-sponsored Mr. SPECTER. Mr. President, this year marked the 350th anniversary of Park System Advisory Board to January 1, by Mr. COLEMAN and Mr. KENNEDY. 2007. The observance is dedicated to eradi- Jewish life in America. The occasion SA 2684. Mr. FRIST (for Mr. DOMENICI) pro- cating violence, hunger, poverty and has been commemorated with festivi- posed an amendment to the bill S. 1310, suffering, and to establish greater trust ties and celebrations across the entire supra. and fellowship among nations and fam- country. As this special year draws to SA 2685. Mr. FRIST (for Mr. SARBANES) a close, I am submitting a resolution proposed an amendment to the bill S. 959, to ilies everywhere. Global Family Day establish the Star-Spangled Banner and War encourages families to reach out to urging the President to establish permanent recognition of the contribu- of 1812 Bicentennial Commission, and for each other on the first of January of other purposes. each year. It is a day for sharing the tions the Jewish culture has made to SA 2686. Mr. FRIST (for Mr. SHELBY) pro- idea and condition of peace, and the ob- life in America by annually issuing a posed an amendment to the bill S. 863, to re- servance can take a concrete form such proclamation for the observance of an quire the Secretary of the Treasury to mint as sharing a meal or helping the needy. American Jewish History Month. coins in commemoration of the centenary of The idea of Global Family Day origi- Each year, we remember the achieve- the bestowal of the Nobel Peace Prize on President Theodore Roosevelt and for other nates from young supporters. In 1999, ments and contributions made by Afri- can-Americans and women to our Na- purposes. ninety nine children from Hine Middle SA 2687. Mr. FRIST (for Mr. MCCAIN) pro- School in the District of Columbia vis- tion’s development by designating Feb- posed an amendment to the bill S. 1312, to ited Capitol Hill, asking Congress to ruary as African American History amend a provision relating to employees of dedicate one day each year to a day of Month and March as Women’s History the United States assigned to, or employed peace and sharing. In the following Month. Similarly, Jewish American by, an Indian tribe, and for other purposes. SA 2688. Mr. FRIST (for Mr. HATCH (for year, the footsteps of these intrepid History Month would celebrate the leg- himself, Mr. BURR, and Mr. ENZI)) proposed young thinkers were followed by chil- acy of the American Jewish experience and observe the many contributions an amendment to the bill H.R. 2520, to pro- dren from Brent Elementary School, vide for the collection and maintenance of also from the District of Columbia. Jewish-Americans have made in the human cord blood stem cells for the treat- Children from Stuart-Hobson Middle areas of medicine, the arts, science, ment of patients and research, and to amend School also visited members of Con- and technology. the Public Health Service Act to authorize gress on Capitol Hill. American society is comprised of the C.W. Bill Young Cell Transplantation The 106th Congress agreed with them, many cultures. Americans are proud of Program. SA 2689. Mr. FRIST (for Mr. SHELBY) pro- and in the year 2000, adopted a resolu- our history of acceptance and understanding. By establishing a Jewish posed an amendment to the bill S. 467, to ex- tion similar to the one I am submitting tend the applicability of the Terrorism Risk today. However, with the onrush of American History Month, we will Insurance Act of 2002. events after the tragedy of September present an additional opportunity to SA 2690. Mr. FRIST (for Mr. MCCAIN) pro- 11, 2001, a proclamation was not issued. raise our Nation’s cultural awareness posed an amendment to the bill S. 1892, to Thus, there was little public knowledge and celebrate our diversity. amend Public Law 107–153 to modify a cer- that we have this important tool for An identical resolution was intro- tain date. peace, despite the international sup- duced in the House by Congresswoman f port from the United Nations General WASSERMAN SCHULTZ, where it was co- TEXT OF AMENDMENTS Assembly. We can remedy that today sponsored by 250 Members and passed SA 2680. Mr. LOTT (for Mr. GRASSLEY by showing our support for Global unanimously. (for himself, Mr. BAUCUS, Mr. LOTT, Ms. Family Day. I hope that the Senate will join our LANDRIEU, Mr. VITTER, Mr. COCHRAN, Many Americans are troubled by our colleagues in the House by agreeing to and Mr. SHELBY) proposed an amend- deteriorating image in the world, by this resolution, urging the President to ment to the bill H.R. 4440, to amend the dangers of terrorism and by the annually issue a proclamation for the the Internal Revenue Code of 1986 to suffering of others, both at home and observance of an American Jewish His- provide tax benefits for the Gulf Oppor- abroad. Yet they feel helpless to do tory Month. tunity Zone and certain areas affected anything about it. Global Family Day f by Hurricanes Rita and Wilma, and for offers a potential solution. The observ- AMENDMENTS SUBMITTED AND other purposes; as follows: ance of Global Family Day can lead to PROPOSED Strike all after the enacting clause and in- greater understanding among faith sert the following: groups, people of different races and SA 2680. Mr. LOTT (for Mr. GRASSLEY (for SECTION 1. SHORT TITLE; ETC. economic classes. Global Family Day himself, Mr. BAUCUS, Mr. LOTT, Ms. LANDRIEU, Mr. VITTER, Mr. COCHRAN, and Mr. (a) SHORT TITLE.—This Act may be cited as provides a way in which every man, SHELBY)) proposed an amendment to the bill the ‘‘Gulf Opportunity Zone Act of 2005’’. woman and child in the United States H.R. 4440, to amend the Internal Revenue (b) AMENDMENT OF 1986 CODE.—Except as can help reduce suffering at home, re- Code of 1986 to provide tax benefits for the otherwise expressly provided, whenever in pair our damaged image abroad, and Gulf Opportunity Zone and certain areas af- this Act an amendment or repeal is ex- help us remember that in the end, all fected by Hurricanes Rita and Wilma, and for pressed in terms of an amendment to, or re- peoples belong to the same family. other purposes. peal of, a section or other provision, the ref- SA 2681. Mr. SANTORUM (for Mr. SPECTER erence shall be considered to be made to a f (for himself, Mr. BIDEN, and Mr. LEAHY)) pro- section or other provision of the Internal SENATE CONCURRENT RESOLU- posed an amendment to the bill H.R. 3402, to Revenue Code of 1986. authorize appropriations for the Department (c) TABLE OF CONTENTS.—The table of con- TION 73—URGING THE PRESI- tents of this Act is as follows: DENT TO ISSUE A PROCLAMA- of Justice for fiscal years 2006 through 2009, Sec. 1. Short title; etc. TION FOR THE OBSERVANCE OF and for other purposes. SA 2682. Mr. FRIST (for Mr. DOMENICI) pro- TITLE I—ESTABLISHMENT OF GULF AN AMERICAN JEWISH HISTORY posed an amendment to the bill S. 1096, to OPPORTUNITY ZONE MONTH amend the Wild and Scenic Rivers Act to Sec. 101. Tax benefits for Gulf Opportunity Mr. SPECTER submitted the fol- designate portions of the Musconetcong Zone. lowing concurrent resolution; which River in the State of New Jersey as a compo- Sec. 102. Expansion of Hope Scholarship and was referred to the Committee on the nent of the National Wild and Scenic Rivers Lifetime Learning Credit for System, and for other purposes. Judiciary: students in the Gulf Oppor- SA 2683. Mr. FRIST (for Mr. DOMENICI) pro- tunity Zone. S. CON. RES. 73 posed an amendment to the bill S. 1310, to Sec. 103. Housing relief for individuals af- Resolved by the Senate (the House of Rep- authorize the Secretary of the Interior to fected by Hurricane Katrina. resentatives concurring), That Congress urges allow the Columbia Gas Transmission Cor- Sec. 104. Extension of special rules for mort- the President to issue each year a proclama- poration to increase the diameter of a nat- gage revenue bonds.

VerDate Aug 31 2005 06:51 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0655 E:\CR\FM\A16DE6.188 S16DEPT1 S13858 CONGRESSIONAL RECORD — SENATE December 16, 2005

Sec. 105. Special extension of bonus depre- and Emergency Assistance Act by reason of ‘‘(4) QUALIFIED PROJECT COSTS.—For pur- ciation placed in service date Hurricane Katrina. poses of this subsection, the term ‘qualified for taxpayers affected by Hurri- ‘‘(2) HURRICANE KATRINA DISASTER AREA.— project costs’ means— canes Katrina, Rita, and The term ‘Hurricane Katrina disaster area’ ‘‘(A) the cost of any qualified residential Wilma. means an area with respect to which a major rental project (as defined in section 142(d)) TITLE II—TAX BENEFITS RELATED TO disaster has been declared by the President located in the Gulf Opportunity Zone, and HURRICANES RITA AND WILMA before September 14, 2005, under section 401 ‘‘(B) the cost of acquisition, construction, of such Act by reason of Hurricane Katrina. Sec. 201. Extension of certain emergency tax reconstruction, and renovation of— ‘‘(3) RITA GO ZONE.—The term ‘Rita GO relief for Hurricane Katrina to ‘‘(i) nonresidential real property (including Zone’ means that portion of the Hurricane fixed improvements associated with such Hurricanes Rita and Wilma. Rita disaster area determined by the Presi- TITLE III—OTHER PROVISIONS property) located in the Gulf Opportunity dent to warrant individual or individual and Zone, and public assistance from the Federal Govern- Sec. 301. Gulf Coast Recovery Bonds. ‘‘(ii) public utility property (as defined in Sec. 302. Election to include combat pay as ment under such Act by reason of Hurricane section 168(i)(10)) located in the Gulf Oppor- earned income for purposes of Rita. tunity Zone. earned income credit. ‘‘(4) HURRICANE RITA DISASTER AREA.—The ‘‘(5) SPECIAL RULES.—In applying this title Sec. 303. Modification of effective date of ex- term ‘Hurricane Rita disaster area’ means an to any qualified Gulf Opportunity Zone ception from suspension rules area with respect to which a major disaster for certain listed and reportable has been declared by the President before Oc- Bond, the following modifications shall transactions. tober 6, 2005, under section 401 of such Act by apply: Sec. 304. Authority for undercover oper- reason of Hurricane Rita. ‘‘(A) Section 142(d)(1) (defining qualified ations. ‘‘(5) WILMA GO ZONE.—The term ‘Wilma GO residential rental project) shall be applied— Sec. 305. Disclosures of certain tax return Zone’ means that portion of the Hurricane ‘‘(i) by substituting ‘60 percent’ for ‘50 per- information. Wilma disaster area determined by the cent’ in subparagraph (A) thereof, and ‘‘(ii) by substituting ‘70 percent’ for ‘60 per- TITLE IV—TECHNICALS President to warrant individual or individual and public assistance from the Federal Gov- cent’ in subparagraph (B) thereof. Subtitle A—Tax Technicals ernment under such Act by reason of Hurri- ‘‘(B) Section 143 (relating to mortgage rev- Sec. 401. Short title. cane Wilma. enue bonds: qualified mortgage bond and Sec. 402. Amendments related to Energy ‘‘(6) HURRICANE WILMA DISASTER AREA.—The qualified veterans’ mortgage bond) shall be Policy Act of 2005. term ‘Hurricane Wilma disaster area’ means applied— Sec. 403. Amendments related to the Amer- an area with respect to which a major dis- ‘‘(i) only with respect to owner-occupied ican Jobs Creation Act of 2004. aster has been declared by the President be- residences in the Gulf Opportunity Zone, Sec. 404. Amendments related to the Work- fore November 14, 2005, under section 401 of ‘‘(ii) by treating any such residence in the ing Families Tax Relief Act of such Act by reason of Hurricane Wilma. Gulf Opportunity Zone as a targeted area 2004. ‘‘SEC. 1400N. TAX BENEFITS FOR GULF OPPOR- residence, Sec. 405. Amendments related to the Jobs TUNITY ZONE. ‘‘(iii) by applying subsection (f)(3) thereof and Growth Tax Relief Rec- ‘‘(a) TAX-EXEMPT BOND FINANCING.— without regard to subparagraph (A) thereof, onciliation Act of 2003. ‘‘(1) IN GENERAL.—For purposes of this and Sec. 406. Amendment related to the Vic- title— ‘‘(iv) by substituting ‘$150,000’ for ‘$15,000’ tims of Terrorism Tax Relief ‘‘(A) any qualified Gulf Opportunity Zone in subsection (k)(4) thereof. Act of 2001. Bond described in paragraph (2)(A)(i) shall be ‘‘(C) Except as provided in section 143, re- Sec. 407. Amendments related to the Eco- treated as an exempt facility bond, and nomic Growth and Tax Relief ‘‘(B) any qualified Gulf Opportunity Zone payments of principal on financing provided Reconciliation Act of 2001. Bond described in paragraph (2)(A)(ii) shall by the issue of which such bond is a part may Sec. 408. Amendments related to the Inter- be treated as a qualified mortgage bond. not be used to provide financing. nal Revenue Service Restruc- ‘‘(2) QUALIFIED GULF OPPORTUNITY ZONE ‘‘(D) Section 146 (relating to volume cap) turing and Reform Act of 1998. BOND.—For purposes of this subsection, the shall not apply. Sec. 409. Amendments related to the Tax- term ‘qualified Gulf Opportunity Zone Bond’ ‘‘(E) Section 147(d)(2) (relating to acquisi- payer Relief Act of 1997. means any bond issued as part of an issue tion of existing property not permitted) shall Sec. 410. Amendment related to the Omni- if— be applied by substituting ‘50 percent’ for ‘15 bus Budget Reconciliation Act ‘‘(A)(i) 95 percent or more of the net pro- percent’ each place it appears. of 1990. ceeds (as defined in section 150(a)(3)) of such ‘‘(F) Section 148(f)(4)(C) (relating to excep- Sec. 411. Amendment related to the Omni- issue are to be used for qualified project tion from rebate for certain proceeds to be bus Budget Reconciliation Act costs, or used to finance construction expenditures) of 1987. ‘‘(ii) such issue meets the requirements of shall apply to the available construction pro- Sec. 412. Clerical corrections. a qualified mortgage issue, except as other- ceeds of bonds which are part of an issue de- Sec. 413. Other corrections related to the wise provided in this subsection, scribed in paragraph (2)(A)(i). American Jobs Creation Act of ‘‘(B) such bond is issued by the State of ‘‘(G) Section 57(a)(5) (relating to tax-ex- 2004. Alabama, Louisiana, or Mississippi, or any empt interest) shall not apply. Subtitle B—Trade Technicals political subdivision thereof, ‘‘(6) SEPARATE ISSUE TREATMENT OF POR- Sec. 421. Technical corrections to regional ‘‘(C) such bond is designated for purposes TIONS OF AN ISSUE.—This subsection shall not value content methods for rules of this section by— apply to the portion of an issue which (if of origin under Public Law 109– ‘‘(i) in the case of a bond which is required issued as a separate issue) would be treated 53. under State law to be approved by the bond as a qualified bond or as a bond that is not commission of such State, such bond com- TITLE V—EMERGENCY REQUIREMENT a private activity bond (determined without mission, and regard to paragraph (1)), if the issuer elects Sec. 501. Emergency requirement. ‘‘(ii) in the case of any other bond, the to so treat such portion. TITLE I—ESTABLISHMENT OF GULF Governor of such State, ‘‘(b) ADVANCE REFUNDINGS OF CERTAIN TAX- OPPORTUNITY ZONE ‘‘(D) such bond is issued after the date of EXEMPT BONDS.— SEC. 101. TAX BENEFITS FOR GULF OPPOR- the enactment of this section and before ‘‘(1) IN GENERAL.—With respect to a bond TUNITY ZONE. January 1, 2011, and described in paragraph (3), one additional ad- (a) IN GENERAL.—Subchapter Y of chapter 1 ‘‘(E) no portion of the proceeds of such vance refunding after the date of the enact- is amended by adding at the end the fol- issue is to be used to provide any property ment of this section and before January 1, lowing new part: described in section 144(c)(6)(B). ‘‘(3) LIMITATIONS ON BONDS.— 2011, shall be allowed under the applicable ‘‘PART II—TAX BENEFITS FOR GO ZONES ‘‘(A) AGGREGATE AMOUNT DESIGNATED.—The rules of section 149(d) if— ‘‘Sec. 1400M. Definitions. maximum aggregate face amount of bonds ‘‘(A) the Governor of the State designates ‘‘Sec. 1400N. Tax benefits for Gulf Op- which may be designated under this sub- the advance refunding bond for purposes of portunity Zone. section with respect to any State shall not this subsection, and ‘‘SEC. 1400M. DEFINITIONS. exceed the product of $2,500 multiplied by the ‘‘(B) the requirements of paragraph (5) are ‘‘For purposes of this part— portion of the State population which is in met. ‘‘(1) GULF OPPORTUNITY ZONE.—The terms the Gulf Opportunity Zone (as determined on ‘‘(2) CERTAIN PRIVATE ACTIVITY BONDS.— ‘Gulf Opportunity Zone’ and ‘GO Zone’ mean the basis of the most recent census estimate With respect to a bond described in para- that portion of the Hurricane Katrina dis- of resident population released by the Bu- graph (3) which is an exempt facility bond aster area determined by the President to reau of Census before August 28, 2005). described in paragraph (1) or (2) of section warrant individual or individual and public ‘‘(B) MOVABLE PROPERTY.—No bonds shall 142(a), one advance refunding after the date assistance from the Federal Government be issued which are to be used for movable of the enactment of this section and before under the Robert T. Stafford Disaster Relief fixtures and equipment. January 1, 2011, shall be allowed under the

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00170 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.194 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13859

applicable rules of section 149(d) (notwith- ‘‘(i) shall be treated as difficult develop- ‘‘(iii) QUALIFIED REVITALIZATION BUILD- standing paragraph (2) thereof) if the re- ment areas designated under subclause (I) of INGS.—Such term shall not include any quirements of subparagraphs (A) and (B) of section 42(d)(5)(C)(iii), and qualified revitalization building with respect paragraph (1) are met. ‘‘(ii) shall not be taken into account for to which the taxpayer has elected the appli- ‘‘(3) BONDS DESCRIBED.—A bond is described purposes of applying the limitation under cation of paragraph (1) or (2) of section in this paragraph if such bond was out- subclause (II) of such section. 1400I(a). standing on August 28, 2005, and is issued by ‘‘(B) APPLICATION.—Subparagraph (A) shall ‘‘(iv) ELECTION OUT.—If a taxpayer makes the State of Alabama, Louisiana, or Mis- apply only to— an election under this clause with respect to sissippi, or a political subdivision thereof. ‘‘(i) housing credit dollar amounts allo- any class of property for any taxable year, ‘‘(4) AGGREGATE LIMIT.—The maximum ag- cated during the period beginning on Janu- this subsection shall not apply to all prop- gregate face amount of bonds which may be ary 1, 2006, and ending on December 31, 2008, erty in such class placed in service during designated under this subsection by the Gov- and such taxable year. ernor of a State shall not exceed— ‘‘(ii) buildings placed in service during ‘‘(3) SPECIAL RULES.—For purposes of this ‘‘(A) $4,500,000,000 in the case of the State such period to the extent that paragraph (1) subsection, rules similar to the rules of sub- of Louisiana, of section 42(h) does not apply to any build- paragraph (E) of section 168(k)(2) shall apply, ‘‘(B) $2,250,000,000 in the case of the State ing by reason of paragraph (4) thereof, but except that such subparagraph shall be ap- of Mississippi, and only with respect to bonds issued after De- plied— ‘‘(C) $1,125,000,000 in the case of the State of cember 31, 2005. ‘‘(A) by substituting ‘August 27, 2005’ for ‘‘(4) SPECIAL RULE FOR APPLYING INCOME Alabama. ‘September 10, 2001’ each place it appears TESTS.—In the case of property placed in ‘‘(5) ADDITIONAL REQUIREMENTS.—The re- therein, service— quirements of this paragraph are met with ‘‘(B) by substituting ‘January 1, 2008’ for ‘‘(A) during 2006, 2007, or 2008, respect to any advance refunding of a bond ‘January 1, 2005’ in clause (i) thereof, and ‘‘(B) in the Gulf Opportunity Zone, and described in paragraph (3) if— ‘‘(C) by substituting ‘qualified Gulf Oppor- ‘‘(C) in a nonmetropolitan area (as defined ‘‘(A) no advance refundings of such bond tunity Zone property’ for ‘qualified property’ in section 42(d)(5)(C)(iv)(IV)), would be allowed under this title on or after in clause (iv) thereof. August 28, 2005, section 42 shall be applied by substituting ‘‘(4) ALLOWANCE AGAINST ALTERNATIVE MIN- ‘‘(B) the advance refunding bond is the ‘national nonmetropolitan median gross in- IMUM TAX.—For purposes of this subsection, only other outstanding bond with respect to come (determined under rules similar to the rules similar to the rules of section the refunded bond, and rules of section 142(d)(2)(B))’ for ‘area median 168(k)(2)(G) shall apply. ‘‘(C) the requirements of section 148 are gross income’ in subparagraphs (A) and (B) of ‘‘(5) RECAPTURE.—For purposes of this sub- met with respect to all bonds issued under section 42(g)(1). section, rules similar to the rules under sec- this subsection. ‘‘(5) DEFINITIONS.—Any term used in this tion 179(d)(10) shall apply with respect to any ‘‘(6) USE OF PROCEEDS REQUIREMENT.—This subsection which is also used in section 42 qualified Gulf Opportunity Zone property subsection shall not apply to any advance re- shall have the same meaning as when used in which ceases to be qualified Gulf Oppor- funding of a bond which is issued as part of such section. tunity Zone property. an issue if any portion of the proceeds of ‘‘(d) SPECIAL ALLOWANCE FOR CERTAIN such issue (or any prior issue) was (or is to PROPERTY ACQUIRED ON OR AFTER AUGUST 28, ‘‘(e) INCREASE IN EXPENSING UNDER SECTION be) used to provide any property described in 2005.— 179.— section 144(c)(6)(B). ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of ‘‘(1) IN GENERAL.—For purposes of section any qualified Gulf Opportunity Zone prop- 179— ‘‘(c) LOW-INCOME HOUSING CREDIT.— erty— ‘‘(A) the dollar amount in effect under sec- ‘‘(1) ADDITIONAL HOUSING CREDIT DOLLAR ‘‘(A) the depreciation deduction provided tion 179(b)(1) for the taxable year shall be in- AMOUNT FOR GULF OPPORTUNITY ZONE.— by section 167(a) for the taxable year in creased by the lesser of— ‘‘(A) IN GENERAL.—For purposes of section which such property is placed in service shall ‘‘(i) $100,000, or 42, in the case of calendar years 2006, 2007, include an allowance equal to 50 percent of ‘‘(ii) the cost of qualified section 179 Gulf and 2008, the State housing credit ceiling of the adjusted basis of such property, and Opportunity Zone property placed in service each State, any portion of which is located ‘‘(B) the adjusted basis of the qualified during the taxable year, and in the Gulf Opportunity Zone, shall be in- Gulf Opportunity Zone property shall be re- ‘‘(B) the dollar amount in effect under sec- creased by the lesser of— duced by the amount of such deduction be- tion 179(b)(2) for the taxable year shall be in- ‘‘(i) the aggregate housing credit dollar fore computing the amount otherwise allow- creased by the lesser of— amount allocated by the State housing cred- able as a depreciation deduction under this ‘‘(i) $600,000, or it agency of such State to buildings located chapter for such taxable year and any subse- ‘‘(ii) the cost of qualified section 179 Gulf in the Gulf Opportunity Zone for such cal- quent taxable year. Opportunity Zone property placed in service endar year, or ‘‘(2) QUALIFIED GULF OPPORTUNITY ZONE during the taxable year. ‘‘(ii) the Gulf Opportunity housing amount PROPERTY.—For purposes of this subsection— ‘‘(2) QUALIFIED SECTION 179 GULF OPPOR- for such State for such calendar year. ‘‘(A) IN GENERAL.—The term ‘qualified Gulf TUNITY ZONE PROPERTY.—For purposes of this ‘‘(B) GULF OPPORTUNITY HOUSING AMOUNT.— Opportunity Zone property’ means prop- subsection, the term ‘qualified section 179 For purposes of subparagraph (A), the term erty— Gulf Opportunity Zone property’ means sec- ‘Gulf Opportunity housing amount’ means, ‘‘(i)(I) which is described in section tion 179 property (as defined in section for any calendar year, the amount equal to 168(k)(2)(A)(i), or 179(d)) which is qualified Gulf Opportunity the product of $18.00 multiplied by the por- ‘‘(II) which is nonresidential real property Zone property (as defined in subsection tion of the State population which is in the or residential rental property, (d)(2)). Gulf Opportunity Zone (as determined on the ‘‘(ii) substantially all of the use of which is ‘‘(3) COORDINATION WITH EMPOWERMENT basis of the most recent census estimate of in the Gulf Opportunity Zone and is in the ZONES AND RENEWAL COMMUNITIES.—For pur- resident population released by the Bureau active conduct of a trade or business by the poses of sections 1397A and 1400J, qualified of Census before August 28, 2005). taxpayer in such Zone, section 179 Gulf Opportunity Zone property ‘‘(C) ALLOCATIONS TREATED AS MADE FIRST ‘‘(iii) the original use of which in the Gulf shall not be treated as qualified zone prop- FROM ADDITIONAL ALLOCATION AMOUNT FOR Opportunity Zone commences with the tax- erty or qualified renewal property, unless PURPOSES OF DETERMINING CARRYOVER.—For payer on or after August 28, 2005, the taxpayer elects not to take such quali- purposes of determining the unused State ‘‘(iv) which is acquired by the taxpayer by fied section 179 Gulf Opportunity Zone prop- housing credit ceiling under section purchase (as defined in section 179(d)) on or erty into account for purposes of this sub- 42(h)(3)(C) for any calendar year, any in- after August 28, 2005, but only if no written section. crease in the State housing credit ceiling binding contract for the acquisition was in ‘‘(4) RECAPTURE.—For purposes of this sub- under subparagraph (A) shall be treated as effect before August 28, 2005, and section, rules similar to the rules under sec- an amount described in clause (ii) of such ‘‘(v) which is placed in service by the tax- tion 179(d)(10) shall apply with respect to any section. payer on or before December 31, 2007 (Decem- qualified section 179 Gulf Opportunity Zone ‘‘(2) ADDITIONAL HOUSING CREDIT DOLLAR ber 31, 2008, in the case of nonresidential real property which ceases to be qualified section AMOUNT FOR TEXAS AND FLORIDA.—For pur- property and residential rental property). 179 Gulf Opportunity Zone property. poses of section 42, in the case of calendar ‘‘(B) EXCEPTIONS.— year 2006, the State housing credit ceiling of ‘‘(i) ALTERNATIVE DEPRECIATION PROP- ‘‘(f) EXPENSING FOR CERTAIN DEMOLITION Texas and Florida shall each be increased by ERTY.—Such term shall not include any prop- AND CLEAN-UP COSTS.— $3,500,000. erty described in section 168(k)(2)(D)(i). ‘‘(1) IN GENERAL.—A taxpayer may elect to ‘‘(3) DIFFICULT DEVELOPMENT AREA.— ‘‘(ii) TAX-EXEMPT BOND-FINANCED PROP- treat 50 percent of any qualified Gulf Oppor- ‘‘(A) IN GENERAL.—For purposes of section ERTY.—Such term shall not include any prop- tunity Zone clean-up cost as an expense 42, in the case of property placed in service erty any portion of which is financed with which is not chargeable to capital account. during 2006, 2007, or 2008, the Gulf Oppor- the proceeds of any obligation the interest Any cost so treated shall be allowed as a de- tunity Zone, the Rita GO Zone, and the on which is exempt from tax under section duction for the taxable year in which such Wilma GO Zone— 103. cost is paid or incurred.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.194 S16DEPT1 S13860 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(2) QUALIFIED GULF OPPORTUNITY ZONE ‘‘(A) is a corporation the stock of which is any taxable year shall be reduced by the CLEAN-UP COST.—For purposes of this sub- publicly traded on an established securities amount of any gain recognized by the tax- section, the term ‘qualified Gulf Opportunity market, or payer for such year from the involuntary Zone clean-up cost’ means any amount paid ‘‘(B) is a real estate investment trust. conversion by reason of Hurricane Katrina of or incurred during the period beginning on ‘‘(4) RULES NOT APPLICABLE TO LARGE TIM- public utility property (as so defined) lo- August 28, 2005, and ending on December 31, BER PRODUCERS.— cated in the Gulf Opportunity Zone. 2007, for the removal of debris from, or the ‘‘(A) EXPENSING.—Paragraph (1) shall not ‘‘(4) COORDINATION WITH GENERAL DISASTER demolition of structures on, real property apply to any taxpayer if such taxpayer holds LOSS RULES.—Subsection (k) and section which is located in the Gulf Opportunity more than 500 acres of qualified timber prop- 165(i) shall not apply to any Gulf Oppor- Zone and which is— erty at any time during the taxable year. tunity Zone public utility casualty loss to ‘‘(A) held by the taxpayer for use in a trade ‘‘(B) NOL CARRYBACK.—Paragraph (2) shall the extent such loss is taken into account or business or for the production of income, not apply with respect to any qualified tim- under paragraph (1). or ber property unless— ‘‘(5) ELECTION.—Any election under para- ‘‘(B) property described in section 1221(a)(1) ‘‘(i) such property was held by the tax- graph (2)(C) shall be made in such manner as in the hands of the taxpayer. payer— may be prescribed by the Secretary and shall ‘‘(I) on August 28, 2005, in the case of quali- For purposes of the preceding sentence, be made by the due date (including exten- fied timber property any portion of which is amounts paid or incurred shall be taken into sions of time) for filing the taxpayer’s return located in the Gulf Opportunity Zone, account only to the extent that such amount for the taxable year of the loss. Such elec- ‘‘(II) on September 23, 2005, in the case of would (but for paragraph (1)) be chargeable tion, once made for any taxable year, shall qualified timber property (other than prop- to capital account. be irrevocable for such taxable year. erty described in subclause (I)) any portion ‘‘(k) TREATMENT OF NET OPERATING LOSSES ‘‘(g) EXTENSION OF EXPENSING FOR ENVIRON- of which is located in that portion of the ATTRIBUTABLE TO GULF OPPORTUNITY ZONE MENTAL REMEDIATION COSTS.—With respect Rita GO Zone which is not part of the Gulf LOSSES.— to any qualified environmental remediation Opportunity Zone, or ‘‘(1) IN GENERAL.—If a portion of any net expenditure (as defined in section 198(b)) paid ‘‘(III) on October 23, 2005, in the case of operating loss of the taxpayer for any tax- or incurred on or after August 28, 2005, in qualified timber property (other than prop- able year is a qualified Gulf Opportunity connection with a qualified contaminated erty described in subclause (I) or (II)) any Zone loss, the following rules shall apply: site located in the Gulf Opportunity Zone, portion of which is located in the Wilma GO ‘‘(A) EXTENSION OF CARRYBACK PERIOD.— section 198 (relating to expensing of environ- Zone, and Section 172(b)(1) shall be applied with respect mental remediation costs) shall be applied— ‘‘(ii) such taxpayer held not more than 500 to such portion— ‘‘(1) in the case of expenditures paid or in- acres of qualified timber property on such ‘‘(i) by substituting ‘5 taxable years’ for ‘2 curred on or after August 28, 2005, and before date. taxable years’ in subparagraph (A)(i), and January 1, 2008, by substituting ‘December ‘‘(5) DEFINITIONS.—For purposes of this sub- ‘‘(ii) by not taking such portion into ac- 31, 2007’ for the date contained in section section— count in determining any eligible loss of the 198(h), and ‘‘(A) SPECIFIED PORTION.— taxpayer under subparagraph (F) thereof for ‘‘(i) IN GENERAL.—The term ‘specified por- ‘‘(2) except as provided in section 198(d)(2), the taxable year. by treating petroleum products (as defined in tion’ means— ‘‘(B) SUSPENSION OF 90 PERCENT AMT LIMITA- section 4612(a)(3)) as a hazardous substance. ‘‘(I) in the case of qualified timber prop- TION.—Section 56(d)(1) shall be applied by in- erty any portion of which is located in the ‘‘(h) INCREASE IN REHABILITATION CREDIT.— creasing the amount determined under sub- Gulf Opportunity Zone, that portion of the In the case of qualified rehabilitation ex- paragraph (A)(ii)(I) thereof by the sum of the taxable year which is on or after August 28, penditures (as defined in section 47(c)) paid carrybacks and carryovers of any net oper- 2005, and before the termination date, or incurred during the period beginning on ating loss attributable to such portion. ‘‘(II) in the case of qualified timber prop- August 28, 2005, and ending on December 31, ‘‘(2) QUALIFIED GULF OPPORTUNITY ZONE erty (other than property described in clause 2008, with respect to any qualified rehabili- LOSS.—For purposes of paragraph (1), the (i)) any portion of which is located in the tated building or certified historic structure term ‘qualified Gulf Opportunity Zone loss’ Rita GO Zone, that portion of the taxable (as defined in section 47(c)) located in the year which is on or after September 23, 2005, means the lesser of— Gulf Opportunity Zone, subsection (a) of sec- and before the termination date, or ‘‘(A) the excess of— tion 47 (relating to rehabilitation credit) ‘‘(III) in the case of qualified timber prop- ‘‘(i) the net operating loss for such taxable shall be applied— erty (other than property described in clause year, over ‘‘(1) by substituting ‘13 percent’ for ‘10 per- (i) or (ii)) any portion of which is located in ‘‘(ii) the specified liability loss for such cent’ in paragraph (1) thereof, and the Wilma GO Zone, that portion of the tax- taxable year to which a 10-year carryback ‘‘(2) by substituting ‘26 percent’ for ‘20 per- able year which is on or after October 23, applies under section 172(b)(1)(C), or cent’ in paragraph (2) thereof. 2005, and before the termination date. ‘‘(B) the aggregate amount of the following deductions to the extent taken into account ‘‘(i) SPECIAL RULES FOR SMALL TIMBER ‘‘(ii) TERMINATION DATE.—The term ‘termi- PRODUCERS.— nation date’ means— in computing the net operating loss for such ‘‘(1) INCREASED EXPENSING FOR QUALIFIED ‘‘(I) for purposes of paragraph (1), January taxable year: TIMBER PROPERTY.—In the case of qualified 1, 2008, and ‘‘(i) Any deduction for any qualified Gulf timber property any portion of which is lo- ‘‘(II) for purposes of paragraph (2), January Opportunity Zone casualty loss. cated in the Gulf Opportunity Zone, in that 1, 2007. ‘‘(ii) Any deduction for moving expenses paid or incurred after August 27, 2005, and be- portion of the Rita GO Zone which is not ‘‘(B) QUALIFIED TIMBER PROPERTY.—The part of the Gulf Opportunity Zone, or in the term ‘qualified timber property’ has the fore January 1, 2008, and allowable under this Wilma GO Zone, the limitation under sub- meaning given such term in section 194(c)(1). chapter to any taxpayer in connection with paragraph (B) of section 194(b)(1) shall be in- ‘‘(j) SPECIAL RULE FOR GULF OPPORTUNITY the employment of any individual— creased by the lesser of— ZONE PUBLIC UTILITY CASUALTY LOSSES.— ‘‘(I) whose principal place of abode was lo- ‘‘(A) the limitation which would (but for ‘‘(1) IN GENERAL.—The amount described in cated in the Gulf Opportunity Zone before this subsection) apply under such subpara- section 172(f)(1)(A) for any taxable year shall August 28, 2005, graph, or be increased by the Gulf Opportunity Zone ‘‘(II) who was unable to remain in such ‘‘(B) the amount of reforestation expendi- public utility casualty loss for such taxable abode as the result of Hurricane Katrina, and tures (as defined in section 194(c)(3)) paid or year. ‘‘(III) whose principal place of employment incurred by the taxpayer with respect to ‘‘(2) GULF OPPORTUNITY ZONE PUBLIC UTIL- with the taxpayer after such expense is lo- such qualified timber property during the ITY CASUALTY LOSS.—For purposes of this cated in the Gulf Opportunity Zone. specified portion of the taxable year. subsection, the term ‘Gulf Opportunity Zone For purposes of this clause, the term ‘mov- ‘‘(2) 5 YEAR NOL CARRYBACK OF CERTAIN TIM- public utility casualty loss’ means any cas- ing expenses’ has the meaning given such BER LOSSES.—For purposes of determining ualty loss of public utility property (as de- term by section 217(b), except that the tax- any farming loss under section 172(i), income fined in section 168(i)(10)) located in the Gulf payer’s former residence and new residence and deductions which are allocable to the Opportunity Zone if— may be the same residence if the initial specified portion of the taxable year and ‘‘(A) such loss is allowed as a deduction vacating of the residence was as the result of which are attributable to qualified timber under section 165 for the taxable year, Hurricane Katrina. property any portion of which is located in ‘‘(B) such loss is by reason of Hurricane ‘‘(iii) Any deduction allowable under this the Gulf Opportunity Zone, in that portion Katrina, and chapter for expenses paid or incurred after of the Rita GO Zone which is not part of the ‘‘(C) the taxpayer elects the application of August 27, 2005, and before January 1, 2008, to Gulf Opportunity Zone, or in the Wilma GO this subsection with respect to such loss. temporarily house any employee of the tax- Zone shall be treated as attributable to ‘‘(3) REDUCTION FOR GAINS FROM INVOLUN- payer whose principal place of employment farming businesses. TARY CONVERSION.—The amount of any Gulf is in the Gulf Opportunity Zone. ‘‘(3) RULES NOT APPLICABLE TO CERTAIN EN- Opportunity Zone public utility casualty ‘‘(iv) Any deduction for depreciation (or TITIES.—Paragraphs (1) and (2) shall not loss which would (but for this paragraph) be amortization in lieu of depreciation) allow- apply to any taxpayer which— taken into account under paragraph (1) for able under this chapter with respect to any

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.194 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13861

qualified Gulf Opportunity Zone property (as ‘‘(E) SPECIAL RULE FOR ISSUANCE AND RE- spect to proceeds of the issue and any loans defined in subsection (d)(2), but without re- DEMPTION.—In the case of a bond which is made with such proceeds. gard to subparagraph (B)(iv) thereof)) for the issued during the 3-month period ending on a ‘‘(5) QUALIFIED BOND.—For purposes of this taxable year such property is placed in serv- credit allowance date, the amount of the subsection— ice. credit determined under this paragraph with ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(v) Any deduction allowable under this respect to such credit allowance date shall bond’ means any obligation of a State or po- chapter for repair expenses (including ex- be a ratable portion of the credit otherwise litical subdivision thereof which was out- penses for removal of debris) paid or incurred determined based on the portion of the 3- standing on August 28, 2005. after August 27, 2005, and before January 1, month period during which the bond is out- ‘‘(B) EXCEPTION FOR PRIVATE ACTIVITY 2008, with respect to any damage attrib- standing. A similar rule shall apply when the BONDS.—Such term shall not include any pri- utable to Hurricane Katrina and in connec- bond is redeemed or matures. vate activity bond. tion with property which is located in the ‘‘(3) LIMITATION BASED ON AMOUNT OF TAX.— ‘‘(C) EXCEPTION FOR ADVANCE Gulf Opportunity Zone. The credit allowed under paragraph (1) for REFUNDINGS.—Such term shall not include ‘‘(3) QUALIFIED GULF OPPORTUNITY ZONE any taxable year shall not exceed the excess any bond with respect to which there is any CASUALTY LOSS.— of— outstanding refunded or refunding bond dur- ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(A) the sum of the regular tax liability ing the period in which a Gulf tax credit graph (2)(B)(i), the term ‘qualified Gulf Op- (as defined in section 26(b)) plus the tax im- bond is outstanding with respect to such portunity Zone casualty loss’ means any un- posed by section 55, over bond. compensated section 1231 loss (as defined in ‘‘(B) the sum of the credits allowable under ‘‘(D) USE OF PROCEEDS REQUIREMENT.—Such section 1231(a)(3)(B)) of property located in part IV of subchapter A (other than subpart term shall not include any bond issued as the Gulf Opportunity Zone if— C and this subsection). part of an issue if any portion of the pro- ‘‘(i) such loss is allowed as a deduction ‘‘(4) GULF TAX CREDIT BOND.—For purposes ceeds of such issue was (or is to be) used to under section 165 for the taxable year, and of this subsection— provide any property described in section ‘‘(ii) such loss is by reason of Hurricane ‘‘(A) IN GENERAL.—The term ‘Gulf tax cred- 144(c)(6)(B). Katrina. it bond’ means any bond issued as part of an ‘‘(6) CREDIT INCLUDED IN GROSS INCOME.— ‘‘(B) REDUCTION FOR GAINS FROM INVOLUN- issue if— Gross income includes the amount of the TARY CONVERSION.—The amount of qualified ‘‘(i) the bond is issued by the State of Ala- credit allowed to the taxpayer under this Gulf Opportunity Zone casualty loss which bama, Louisiana, or Mississippi, subsection (determined without regard to would (but for this subparagraph) be taken ‘‘(ii) 95 percent or more of the proceeds of paragraph (3)) and the amount so included into account under subparagraph (A) for any such issue are to be used to— shall be treated as interest income. taxable year shall be reduced by the amount ‘‘(I) pay principal, interest, or premiums ‘‘(7) OTHER DEFINITIONS AND SPECIAL of any gain recognized by the taxpayer for on qualified bonds issued by such State or RULES.—For purposes of this subsection— such year from the involuntary conversion any political subdivision of such State, or ‘‘(A) BOND.—The term ‘bond’ includes any by reason of Hurricane Katrina of property ‘‘(II) make a loan to any political subdivi- obligation. located in the Gulf Opportunity Zone. sion of such State to pay principal, interest, ‘‘(B) PARTNERSHIP; S CORPORATION; AND ‘‘(C) COORDINATION WITH GENERAL DISASTER or premiums on qualified bonds issued by OTHER PASS-THRU ENTITIES.— LOSS RULES.—Section 165(i) shall not apply to such political subdivision, ‘‘(i) IN GENERAL.—Under regulations pre- any qualified Gulf Opportunity Zone cas- ‘‘(iii) the Governor of such State des- scribed by the Secretary, in the case of a ualty loss to the extent such loss is taken ignates such bond for purposes of this sub- partnership, trust, S corporation, or other into account under this subsection. section, pass-thru entity, rules similar to the rules of ‘‘(4) SPECIAL RULES.—For purposes of para- ‘‘(iv) the bond is a general obligation of section 41(g) shall apply with respect to the graph (1), rules similar to the rules of para- such State and is in registered form (within credit allowable under paragraph (1). graphs (2) and (3) of section 172(i) shall apply the meaning of section 149(a)), ‘‘(ii) NO BASIS ADJUSTMENT.—In the case of with respect to such portion. ‘‘(l) CREDIT TO HOLDERS OF GULF TAX CRED- ‘‘(v) the maturity of such bond does not ex- a bond held by a partnership or an S corpora- IT BONDS.— ceed 2 years, and tion, rules similar to the rules under section ‘‘(1) ALLOWANCE OF CREDIT.—If a taxpayer ‘‘(vi) the bond is issued after December 31, 1397E(i) shall apply. holds a Gulf tax credit bond on one or more 2005, and before January 1, 2007. ‘‘(C) BONDS HELD BY REGULATED INVEST- credit allowance dates of the bond occurring ‘‘(B) STATE MATCHING REQUIREMENT.—A MENT COMPANIES.—If any Gulf tax credit during any taxable year, there shall be al- bond shall not be treated as a Gulf tax credit bond is held by a regulated investment com- lowed as a credit against the tax imposed by bond unless— pany, the credit determined under paragraph this chapter for the taxable year an amount ‘‘(i) the issuer of such bond pledges as of (1) shall be allowed to shareholders of such equal to the sum of the credits determined the date of the issuance of the issue an company under procedures prescribed by the under paragraph (2) with respect to such amount equal to the face amount of such Secretary. dates. bond to be used for payments described in ‘‘(D) REPORTING.—Issuers of Gulf tax credit ‘‘(2) AMOUNT OF CREDIT.— subclause (I) of subparagraph (A)(ii), or loans bonds shall submit reports similar to the re- ‘‘(A) IN GENERAL.—The amount of the cred- described in subclause (II) of such subpara- ports required under section 149(e). it determined under this paragraph with re- graph, as the case may be, with respect to ‘‘(E) CREDIT TREATED AS NONREFUNDABLE spect to any credit allowance date for a Gulf the issue of which such bond is a part, and BONDHOLDER CREDIT.—For purposes of this tax credit bond is 25 percent of the annual ‘‘(ii) any such payment or loan is made in title, the credit allowed by this subsection credit determined with respect to such bond. equal amounts from the proceeds of such shall be treated as a credit allowable under ‘‘(B) ANNUAL CREDIT.—The annual credit issue and from the amount pledged under subpart H of part IV of subchapter A of this determined with respect to any Gulf tax clause (i). chapter. credit bond is the product of— The requirement of clause (ii) shall be treat- ‘‘(m) APPLICATION OF NEW MARKETS TAX ‘‘(i) the credit rate determined by the Sec- ed as met with respect to any such payment CREDIT TO INVESTMENTS IN COMMUNITY DE- retary under subparagraph (C) for the day on or loan made during the 1-year period begin- VELOPMENT ENTITIES SERVING GULF OPPOR- which such bond was sold, multiplied by ning on the date of the issuance (or any suc- TUNITY ZONE.—For purposes of section 45D— ‘‘(ii) the outstanding face amount of the cessor 1-year period) if such requirement is ‘‘(1) a qualified community development bond. met when applied with respect to the aggre- entity shall be eligible for an allocation ‘‘(C) DETERMINATION.—For purposes of sub- gate amount of such payments and loans under subsection (f)(2) thereof of the increase paragraph (B), with respect to any Gulf tax made during such period. in the new markets tax credit limitation de- credit bond, the Secretary shall determine ‘‘(C) AGGREGATE LIMIT ON BOND DESIGNA- scribed in paragraph (2) only if a significant daily or cause to be determined daily a cred- TIONS.—The maximum aggregate face mission of such entity is the recovery and re- it rate which shall apply to the first day on amount of bonds which may be designated development of the Gulf Opportunity Zone, which there is a binding, written contract under this subsection by the Governor of a ‘‘(2) the new markets tax credit limitation for the sale or exchange of the bond. The State shall not exceed— otherwise determined under subsection (f)(1) credit rate for any day is the credit rate ‘‘(i) $200,000,000 in the case of the State of thereof shall be increased by an amount which the Secretary or the Secretary’s des- Louisiana, equal to— ignee estimates will permit the issuance of ‘‘(ii) $100,000,000 in the case of the State of ‘‘(A) $300,000,000 for 2005 and 2006, to be al- Gulf tax credit bonds with a specified matu- Mississippi, and located among qualified community develop- rity or redemption date without discount ‘‘(iii) $50,000,000 in the case of the State of ment entities to make qualified low-income and without interest cost to the issuer. Alabama. community investments within the Gulf Op- ‘‘(D) CREDIT ALLOWANCE DATE.—For pur- ‘‘(D) SPECIAL RULES RELATING TO ARBI- portunity Zone, and poses of this subsection, the term ‘credit al- TRAGE.—A bond which is part of an issue ‘‘(B) $400,000,000 for 2007, to be so allocated, lowance date’ means March 15, June 15, Sep- shall not be treated as a Gulf tax credit bond and tember 15, and December 15. Such term also unless, with respect to the issue of which the ‘‘(3) subsection (f)(3) thereof shall be ap- includes the last day on which the bond is bond is a part, the issuer satisfies the arbi- plied separately with respect to the amount outstanding. trage requirements of section 148 with re- of the increase under paragraph (2).

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.194 S16DEPT1 S13862 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(n) TREATMENT OF REPRESENTATIONS RE- with gambling, the racing of animals, or the ‘‘(1) IN GENERAL.—Gross income of a quali- GARDING INCOME ELIGIBILITY FOR PURPOSES on-site viewing of such racing, and fied employee shall not include the value of OF QUALIFIED RESIDENTIAL RENTAL PROJECT ‘‘(II) the portion of any real property (de- any lodging furnished in-kind to such em- REQUIREMENTS.—For purposes of determining termined by square footage) which is dedi- ployee (and such employee’s spouse or any of if any residential rental project meets the cated to gambling, the racing of animals, or such employee’s dependents) by or on behalf requirements of section 142(d)(1) and if any the on-site viewing of such racing. of a qualified employer for any month during certification with respect to such project ‘‘(ii) DE MINIMIS PORTION.—Clause (i)(II) the taxable year. meets the requirements under section shall not apply to any real property if the ‘‘(2) LIMITATION.—The amount which may 142(d)(7), the operator of the project may rely portion so dedicated is less than 100 square be excluded under paragraph (1) for any on the representations of any individual ap- feet.’’. month for which lodging is furnished during plying for tenancy in such project that such (b) CONFORMING AMENDMENTS.— the taxable year shall not exceed $600. individual’s income will not exceed the ap- (1) Paragraph (2) of section 54(c) is amend- ‘‘(3) TREATMENT OF EXCLUSION.—The exclu- plicable income limits of section 142(d)(1) ed by inserting ‘‘, section 1400N(l),’’ after sion under paragraph (1) shall be treated as upon commencement of the individual’s ten- ‘‘subpart C’’. an exclusion under section 119 (other than ancy if such tenancy begins during the 6- (2) Subparagraph (A) of section 6049(d)(8) is for purposes of sections 3121(a)(19) and month period beginning on and after the amended— 3306(b)(14)). date such individual was displaced by reason (A) by inserting ‘‘or 1400N(l)(6)’’ after ‘‘sec- ‘‘(b) EMPLOYER CREDIT FOR HOUSING EM- of Hurricane Katrina. tion 54(g)’’, and PLOYEES AFFECTED BY HURRICANE KATRINA.— ‘‘(o) TREATMENT OF PUBLIC UTILITY PROP- (B) by inserting ‘‘or 1400N(l)(2)(D), as the For purposes of section 38, in the case of a ERTY DISASTER LOSSES.— case may be’’ after ‘‘section 54(b)(4)’’. qualified employer, the Hurricane Katrina ‘‘(1) IN GENERAL.—Upon the election of the (3) So much of subchapter Y of chapter 1 as housing credit for any month during the tax- taxpayer, in the case of any eligible public precedes section 1400L is amended to read as able year is an amount equal to 30 percent of utility property loss— follows: any amount which is excludable from the ‘‘(A) section 165(i) shall be applied by sub- ‘‘Subchapter Y—Short-Term Regional gross income of a qualified employee of such stituting ‘the fifth taxable year immediately employer under subsection (a) and not other- Benefits preceding’ for ‘the taxable year immediately wise excludable under section 119. preceding’, ‘‘PART I—TAX BENEFITS FOR NEW YORK ‘‘(c) QUALIFIED EMPLOYEE.—For purposes of ‘‘(B) an application for a tentative LIBERTY ZONE this section, the term ‘qualified employee’ carryback adjustment of the tax for any ‘‘PART II—TAX BENEFITS FOR GO ZONES means, with respect to any month, an indi- prior taxable year affected by the applica- ‘‘PART I—TAX BENEFITS FOR NEW YORK vidual— tion of subparagraph (A) may be made under LIBERTY ZONE ‘‘(1) who had a principal residence (as de- section 6411, and ‘‘Sec. 1400L. Tax benefits for New York fined in section 121) in the Gulf Opportunity ‘‘(C) section 6611 shall not apply to any Liberty Zone.’’. Zone on August 28, 2005, and overpayment attributable to such loss. ‘‘(2) who performs substantially all em- (4) The item relating to subchapter Y in ‘‘(2) ELIGIBLE PUBLIC UTILITY PROPERTY ployment services— the table of subchapters for chapter 1 is LOSS.—For purposes of this subsection— ‘‘(A) in the Gulf Opportunity Zone, and amended to read as follows: ‘‘(A) IN GENERAL.—The term ‘eligible pub- ‘‘(B) for the qualified employer which fur- ‘‘SUBCHAPTER Y—SHORT-TERM REGIONAL lic utility property loss’ means any loss with nishes lodging to such individual. BENEFITS’’. respect to public utility property located in ‘‘(d) QUALIFIED EMPLOYER.—For purposes of (c) EFFECTIVE DATE.— the Gulf Opportunity Zone and attributable this section, the term ‘qualified employer’ (1) IN GENERAL.—Except as provided in to Hurricane Katrina. means any employer with a trade or business paragraph (2), the amendments made by this ‘‘(B) PUBLIC UTILITY PROPERTY.—The term located in the Gulf Opportunity Zone. section shall apply to taxable years ending ‘public utility property’ has the meaning ‘‘(e) CERTAIN RULES TO APPLY.—For pur- on or after August 28, 2005. given such term by section 168(i)(10) without poses of this subsection, rules similar to the (2) CARRYBACKS.—Subsections (i)(2), (j), and regard to the matter following subparagraph rules of sections 51(i)(1) and 52 shall apply. (k) of section 1400N of the Internal Revenue (D) thereof. ‘‘(f) APPLICATION OF SECTION.—This section Code of 1986 (as added by this section) shall shall apply to lodging furnished during the ‘‘(3) WAIVER OF LIMITATIONS.—If refund or apply to losses arising in such taxable years. period— credit of any overpayment of tax resulting ‘‘(1) beginning on the first day of the first from the application of paragraph (1) is pre- SEC. 102. EXPANSION OF HOPE SCHOLARSHIP AND LIFETIME LEARNING CREDIT month beginning after the date of the enact- vented at any time before the close of the 1- FOR STUDENTS IN THE GULF OP- ment of this section, and year period beginning on the date of the en- PORTUNITY ZONE. ‘‘(2) ending on the date which is 6 months actment of this section by the operation of (a) IN GENERAL.—Part II of subchapter Y of after the first day described in paragraph any law or rule of law (including res judi- chapter 1 (as added by this Act) is amended (1).’’. cata), such refund or credit may nevertheless by adding at the end the following new sec- (b) CONFORMING AMENDMENTS.— be made or allowed if claim therefor is filed tion: (1) Subsection (b) of section 38 is amended before the close of such period. ‘‘SEC. 1400O. EDUCATION TAX BENEFITS. by striking ‘‘and’’ at the end of paragraph ‘‘(p) TAX BENEFITS NOT AVAILABLE WITH ‘‘In the case of an individual who attends (25), by striking the period at the end of RESPECT TO CERTAIN PROPERTY.— an eligible educational institution (as de- paragraph (26) and inserting ‘‘, and’’, and by ‘‘(1) QUALIFIED GULF OPPORTUNITY ZONE fined in section 25A(f)(2)) located in the Gulf adding at the end the following new para- PROPERTY.—For purposes of subsections (d), Opportunity Zone for any taxable year be- graphs: (e), and (k)(2)(B)(iv), the term ‘qualified Gulf ginning during 2005 or 2006— ‘‘(27) the Hurricane Katrina housing credit Opportunity Zone property’ shall not include ‘‘(1) in applying section 25A, the term determined under section 1400P(b).’’. any property described in paragraph (3). ‘qualified tuition and related expenses’ shall (2) Section 280C(a) is amended by striking ‘‘(2) QUALIFIED GULF OPPORTUNITY ZONE include any costs which are qualified higher ‘‘and 1396(a)’’ and inserting ‘‘1396(a), and CASUALTY LOSSES.—For purposes of sub- education expenses (as defined in section 1400P(b)’’. section (k)(2)(B)(i), the term ‘qualified Gulf 529(e)(3)), (3) The table of sections for part II of sub- Opportunity Zone casualty loss’ shall not in- ‘‘(2) each of the dollar amounts in effect chapter Y of chapter 1 is amended by adding clude any loss with respect to any property under of subparagraphs (A) and (B) of section at the end the following new item: described in paragraph (3). 25A(b)(1) shall be twice the amount other- ‘‘Sec. 1400P.Housing tax benefits.’’. ‘‘(3) PROPERTY DESCRIBED.— wise in effect before the application of this ‘‘(A) IN GENERAL.—For purposes of this sub- subsection, and SEC. 104. EXTENSION OF SPECIAL RULES FOR MORTGAGE REVENUE BONDS. section, property is described in this para- ‘‘(3) section 25A(c)(1) shall be applied by graph if such property is— Section 404(d) of the Katrina Emergency substituting ‘40 percent’ for ‘20 percent’.’’. Tax Relief Act of 2005 is amended by striking ‘‘(i) any property used in connection with (b) CONFORMING AMENDMENT.—The table of ‘‘December 31, 2007’’ and inserting ‘‘Decem- any private or commercial golf course, coun- sections for part II of subchapter Y of chap- ber 31, 2010’’. try club, massage parlor, hot tub facility, ter 1 is amended by adding at the end the fol- suntan facility, or any store the principal lowing new item: SEC. 105. SPECIAL EXTENSION OF BONUS DEPRE- CIATION PLACED IN SERVICE DATE business of which is the sale of alcoholic bev- ‘‘Sec. 1400O.Education tax benefits.’’. FOR TAXPAYERS AFFECTED BY HUR- erages for consumption off premises, or SEC. 103. HOUSING RELIEF FOR INDIVIDUALS AF- RICANES KATRINA, RITA, AND ‘‘(ii) any gambling or animal racing prop- FECTED BY HURRICANE KATRINA. WILMA. erty. (a) IN GENERAL.—Part II of subchapter Y of In applying the rule under section ‘‘(B) GAMBLING OR ANIMAL RACING PROP- chapter 1 (as added by this Act) is amended 168(k)(2)(A)(iv) of the Internal Revenue Code ERTY.—For purposes of subparagraph by adding at the end the following new sec- of 1986 to any property described in subpara- (A)(ii)— tion: graph (B) or (C) of section 168(k)(2) of such ‘‘(i) IN GENERAL.—The term ‘gambling or ‘‘SEC. 1400P. HOUSING TAX BENEFITS . Code— animal racing property’ means— ‘‘(a) EXCLUSION OF EMPLOYER PROVIDED (1) the placement in service of which— ‘‘(I) any equipment, furniture, software, or HOUSING FOR INDIVIDUAL AFFECTED BY HURRI- (A) is to be located in the GO Zone (as de- other property used directly in connection CANE KATRINA.— fined in section 1400M(1) of such Code), the

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.195 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13863 Rita GO Zone (as defined in section 1400M(3) tion, be treated as having received the quali- the applicable period, make one or more con- of such Code), or the Wilma GO Zone (as defied hurricane distribution in an eligible tributions in an aggregate amount not to ex- fined in section 1400M(5) of such Code), and rollover distribution (as defined in section ceed the amount of such qualified distribu- (B) is to be made by any taxpayer affected 402(c)(4)) and as having transferred the tion to an eligible retirement plan (as de- by Hurricane Katrina, Rita, or Wilma, or amount to the eligible retirement plan in a fined in section 402(c)(8)(B)) of which such in- (2) which is manufactured in such Zone by direct trustee to trustee transfer within 60 dividual is a beneficiary and to which a roll- any person affected by Hurricane Katrina, days of the distribution. over contribution of such distribution could Rita, or Wilma, ‘‘(C) TREATMENT OF REPAYMENTS FOR DIS- be made under section 402(c), 403(a)(4), the Secretary of the Treasury may, on a tax- TRIBUTIONS FROM IRAS.—For purposes of this 403(b)(8), or 408(d)(3), as the case may be. payer by taxpayer basis, extend the required title, if a contribution is made pursuant to ‘‘(B) TREATMENT OF REPAYMENTS.—Rules date of the placement in service of such subparagraph (A) with respect to a qualified similar to the rules of subparagraphs (B) and property under such section by such period hurricane distribution from an individual re- (C) of subsection (a)(3) shall apply for pur- of time as is determined necessary by the tirement plan (as defined by section poses of this subsection. Secretary but not to exceed 1 year. For pur- 7701(a)(37)), then, to the extent of the ‘‘(2) QUALIFIED DISTRIBUTION.—For purposes poses of the preceding sentence, the deter- amount of the contribution, the qualified of this subsection— mination shall be made by only taking into hurricane distribution shall be treated as a ‘‘(A) IN GENERAL.—The term ‘qualified dis- account the effect of one or more hurricanes distribution described in section 408(d)(3) and tribution’ means any qualified Katrina dis- on the date of such placement by the tax- as having been transferred to the eligible re- tribution, any qualified Rita distribution, payer. tirement plan in a direct trustee to trustee and any qualified Wilma distribution. transfer within 60 days of the distribution. TITLE II—TAX BENEFITS RELATED TO ‘‘(B) QUALIFIED KATRINA DISTRIBUTION.— ‘‘(4) DEFINITIONS.—For purposes of this sub- HURRICANES RITA AND WILMA The term ‘qualified Katrina distribution’ section— means any distribution— SEC. 201. EXTENSION OF CERTAIN EMERGENCY ‘‘(A) QUALIFIED HURRICANE DISTRIBUTION.— ‘‘(i) described in section 401(k)(2)(B)(i)(IV), TAX RELIEF FOR HURRICANE Except as provided in paragraph (2), the term KATRINA TO HURRICANES RITA AND 403(b)(7)(A)(ii) (but only to the extent such WILMA. ‘qualified hurricane distribution’ means— distribution relates to financial hardship), ‘‘(i) any distribution from an eligible re- (a) IN GENERAL.—Part II of subchapter Y of 403(b)(11)(B), or 72(t)(2)(F), tirement plan made on or after August 25, chapter 1 (as added by this Act) is amended ‘‘(ii) received after February 28, 2005, and 2005, and before January 1, 2007, to an indi- by adding at the end the following new sec- before August 29, 2005, and vidual whose principal place of abode on Au- tions: ‘‘(iii) which was to be used to purchase or gust 28, 2005, is located in the Hurricane ‘‘SEC. 1400Q. SPECIAL RULES FOR USE OF RE- construct a principal residence in the Hurri- Katrina disaster area and who has sustained cane Katrina disaster area, but which was TIREMENT FUNDS. an economic loss by reason of Hurricane ‘‘(a) TAX-FAVORED WITHDRAWALS FROM RE- not so purchased or constructed on account Katrina, of Hurricane Katrina. TIREMENT PLANS.— ‘‘(ii) any distribution (which is not de- ‘‘(C) QUALIFIED RITA DISTRIBUTION.—The ‘‘(1) IN GENERAL.—Section 72(t) shall not scribed in clause (i)) from an eligible retire- apply to any qualified hurricane distribu- term ‘qualified Rita distribution’ means any ment plan made on or after September 23, distribution (other than a qualified Katrina tion. 2005, and before January 1, 2007, to an indi- distribution)— ‘‘(2) AGGREGATE DOLLAR LIMITATION.— vidual whose principal place of abode on Sep- ‘‘(i) described in section 401(k)(2)(B)(i)(IV), ‘‘(A) IN GENERAL.—For purposes of this sub- tember 23, 2005, is located in the Hurricane 403(b)(7)(A)(ii) (but only to the extent such section, the aggregate amount of distribu- Rita disaster area and who has sustained an distribution relates to financial hardship), tions received by an individual which may be economic loss by reason of Hurricane Rita, 403(b)(11)(B), or 72(t)(2)(F), treated as qualified hurricane distributions and ‘‘(ii) received after February 28, 2005, and for any taxable year shall not exceed the ex- ‘‘(iii) any distribution (which is not de- before September 24, 2005, and cess (if any) of— scribed in clause (i) or (ii)) from an eligible ‘‘(iii) which was to be used to purchase or ‘‘(i) $100,000, over retirement plan made on or after October 23, construct a principal residence in the Hurri- ‘‘(ii) the aggregate amounts treated as 2005, and before January 1, 2007, to an indi- qualified hurricane distributions received by vidual whose principal place of abode on Oc- cane Rita disaster area, but which was not so such individual for all prior taxable years. tober 23, 2005, is located in the Hurricane purchased or constructed on account of Hur- ‘‘(B) TREATMENT OF PLAN DISTRIBUTIONS.— Wilma disaster area and who has sustained ricane Rita. If a distribution to an individual would an economic loss by reason of Hurricane ‘‘(D) QUALIFIED WILMA DISTRIBUTION.—The (without regard to subparagraph (A)) be a Wilma. term ‘qualified Wilma distribution’ means any distribution (other than a qualified qualified hurricane distribution, a plan shall ‘‘(B) ELIGIBLE RETIREMENT PLAN.—The term not be treated as violating any requirement ‘eligible retirement plan’ shall have the Katrina distribution or a qualified Rita dis- of this title merely because the plan treats meaning given such term by section tribution)— such distribution as a qualified hurricane 402(c)(8)(B). ‘‘(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution, unless the aggregate amount of ‘‘(5) INCOME INCLUSION SPREAD OVER 3-YEAR distribution relates to financial hardship), such distributions from all plans maintained PERIOD.— 403(b)(11)(B), or 72(t)(2)(F), by the employer (and any member of any ‘‘(A) IN GENERAL.—In the case of any quali- controlled group which includes the em- fied hurricane distribution, unless the tax- ‘‘(ii) received after February 28, 2005, and ployer) to such individual exceeds $100,000. payer elects not to have this paragraph before October 24, 2005, and ‘‘(C) CONTROLLED GROUP.—For purposes of apply for any taxable year, any amount re- ‘‘(iii) which was to be used to purchase or subparagraph (B), the term ‘controlled quired to be included in gross income for construct a principal residence in the Hurri- group’ means any group treated as a single such taxable year shall be so included rat- cane Wilma disaster area, but which was not employer under subsection (b), (c), (m), or (o) ably over the 3-taxable year period beginning so purchased or constructed on account of of section 414. with such taxable year. Hurricane Wilma. ‘‘(3) APPLICABLE PERIOD.—For purposes of ‘‘(3) AMOUNT DISTRIBUTED MAY BE REPAID.— ‘‘(B) SPECIAL RULE.—For purposes of sub- ‘‘(A) IN GENERAL.—Any individual who re- paragraph (A), rules similar to the rules of this subsection, the term ‘applicable period’ ceives a qualified hurricane distribution subparagraph (E) of section 408A(d)(3) shall means— may, at any time during the 3-year period apply. ‘‘(A) with respect to any qualified Katrina distribution, the period beginning on August beginning on the day after the date on which ‘‘(6) SPECIAL RULES.— 25, 2005, and ending on February 28, 2006, such distribution was received, make one or ‘‘(A) EXEMPTION OF DISTRIBUTIONS FROM ‘‘(B) with respect to any qualified Rita dis- more contributions in an aggregate amount TRUSTEE TO TRUSTEE TRANSFER AND WITH- tribution, the period beginning on September not to exceed the amount of such distribu- HOLDING RULES.—For purposes of sections tion to an eligible retirement plan of which 401(a)(31), 402(f), and 3405, qualified hurricane 23, 2005, and ending on February 28, 2006, and such individual is a beneficiary and to which distributions shall not be treated as eligible ‘‘(C) with respect to any qualified Wilma a rollover contribution of such distribution rollover distributions. distribution, the period beginning on October 23, 2005, and ending on February 28, 2006. could be made under section 402(c), 403(a)(4), ‘‘(B) QUALIFIED HURRICANE DISTRIBUTIONS 403(b)(8), 408(d)(3), or 457(e)(16), as the case TREATED AS MEETING PLAN DISTRIBUTION RE- ‘‘(c) LOANS FROM QUALIFIED PLANS.— may be. QUIREMENTS.—For purposes this title, a ‘‘(1) INCREASE IN LIMIT ON LOANS NOT TREAT- ‘‘(B) TREATMENT OF REPAYMENTS OF DIS- qualified hurricane distribution shall be ED AS DISTRIBUTIONS.—In the case of any loan TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS treated as meeting the requirements of sec- from a qualified employer plan (as defined OTHER THAN IRAS.—For purposes of this title, tions 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), under section 72(p)(4)) to a qualified indi- if a contribution is made pursuant to sub- and 457(d)(1)(A). vidual made during the applicable period— paragraph (A) with respect to a qualified ‘‘(b) RECONTRIBUTIONS OF WITHDRAWALS ‘‘(A) clause (i) of section 72(p)(2)(A) shall be hurricane distribution from an eligible re- FOR HOME PURCHASES.— applied by substituting ‘$100,000’ for ‘$50,000’, tirement plan other than an individual re- ‘‘(1) RECONTRIBUTIONS.— and tirement plan, then the taxpayer shall, to ‘‘(A) IN GENERAL.—Any individual who re- ‘‘(B) clause (ii) of such section shall be ap- the extent of the amount of the contribu- ceived a qualified distribution may, during plied by substituting ‘the present value of

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.195 S16DEPT1 S13864 CONGRESSIONAL RECORD — SENATE December 16, 2005 the nonforfeitable accrued benefit of the em- treated as being operated in accordance with services, performs services at a different ployee under the plan’ for ‘one-half of the the terms of the plan during the period de- place of employment than such principal present value of the nonforfeitable accrued scribed in paragraph (2)(B)(i). place of employment, or performs services at benefit of the employee under the plan’. ‘‘(2) AMENDMENTS TO WHICH SUBSECTION AP- such principal place of employment before ‘‘(2) DELAY OF REPAYMENT.—In the case of a PLIES.— significant operations have resumed. qualified individual with an outstanding loan ‘‘(A) IN GENERAL.—This subsection shall ‘‘(3) CERTAIN RULES TO APPLY.—For pur- on or after the qualified beginning date from apply to any amendment to any plan or an- poses of this subsection, rules similar to the a qualified employer plan (as defined in sec- nuity contract which is made— rules of sections 51(i)(1) and 52 shall apply. tion 72(p)(4))— ‘‘(i) pursuant to any provision of this sec- ‘‘(4) EMPLOYEE NOT TAKEN INTO ACCOUNT ‘‘(A) if the due date pursuant to subpara- tion, or pursuant to any regulation issued by MORE THAN ONCE.—An employee shall not be graph (B) or (C) of section 72(p)(2) for any re- the Secretary or the Secretary of Labor treated as an eligible employee for purposes payment with respect to such loan occurs under any provision of this section, and of this subsection for any period with respect during the period beginning on the qualified ‘‘(ii) on or before the last day of the first to any employer if such employer is allowed beginning date and ending on December 31, plan year beginning on or after January 1, a credit under section 51 with respect to such 2006, such due date shall be delayed for 1 2007, or such later date as the Secretary may employee for such period. year, prescribe. ‘‘(b) EMPLOYEE RETENTION CREDIT FOR EM- ‘‘(B) any subsequent repayments with re- In the case of a governmental plan (as de- PLOYERS AFFECTED BY HURRICANE RITA.— spect to any such loan shall be appropriately fined in section 414(d)), clause (ii) shall be ‘‘(1) IN GENERAL.—For purposes of section adjusted to reflect the delay in the due date applied by substituting the date which is 2 38, in the case of an eligible employer, the under paragraph (1) and any interest accru- years after the date otherwise applied under Hurricane Rita employee retention credit for ing during such delay, and clause (ii). any taxable year is an amount equal to 40 ‘‘(C) in determining the 5-year period and ‘‘(B) CONDITIONS.—This subsection shall percent of the qualified wages with respect the term of a loan under subparagraph (B) or not apply to any amendment unless— to each eligible employee of such employer (C) of section 72(p)(2), the period described in ‘‘(i) during the period— for such taxable year. For purposes of the subparagraph (A) shall be disregarded. ‘‘(I) beginning on the date that this section preceding sentence, the amount of qualified ‘‘(3) QUALIFIED INDIVIDUAL.—For purposes or the regulation described in subparagraph wages which may be taken into account with of this subsection— (A)(i) takes effect (or in the case of a plan or respect to any individual shall not exceed ‘‘(A) IN GENERAL.—The term ‘qualified indi- contract amendment not required by this $6,000. vidual’ means any qualified Hurricane section or such regulation, the effective date ‘‘(2) DEFINITIONS.—For purposes of this sub- Katrina individual, any qualified Hurricane specified by the plan), and section— Rita individual, and any qualified Hurricane ‘‘(II) ending on the date described in sub- ‘‘(A) ELIGIBLE EMPLOYER.—The term ‘eligi- Wilma individual. paragraph (A)(ii) (or, if earlier, the date the ble employer’ means any employer— ‘‘(B) QUALIFIED HURRICANE KATRINA INDI- plan or contract amendment is adopted), ‘‘(i) which conducted an active trade or VIDUAL.—The term ‘qualified Hurricane the plan or contract is operated as if such business on September 23, 2005, in the Rita Katrina individual’ means an individual plan or contract amendment were in effect; GO Zone, and whose principal place of abode on August 28, and ‘‘(ii) with respect to whom the trade or 2005, is located in the Hurricane Katrina dis- ‘‘(ii) such plan or contract amendment ap- business described in clause (i) is inoperable aster area and who has sustained an eco- plies retroactively for such period. on any day after September 23, 2005, and be- nomic loss by reason of Hurricane Katrina. ‘‘SEC. 1400R. EMPLOYMENT RELIEF. fore January 1, 2006, as a result of damage ‘‘(C) QUALIFIED HURRICANE RITA INDI- ‘‘(a) EMPLOYEE RETENTION CREDIT FOR EM- sustained by reason of Hurricane Rita. VIDUAL.—The term ‘qualified Hurricane Rita PLOYERS AFFECTED BY HURRICANE KATRINA.— ‘‘(B) ELIGIBLE EMPLOYEE.—The term ‘eligi- individual’ means an individual (other than a ‘‘(1) IN GENERAL.—For purposes of section ble employee’ means with respect to an eligi- qualified Hurricane Katrina individual) 38, in the case of an eligible employer, the ble employer an employee whose principal whose principal place of abode on September Hurricane Katrina employee retention credit place of employment on September 23, 2005, 23, 2005, is located in the Hurricane Rita dis- for any taxable year is an amount equal to 40 with such eligible employer was in the Rita aster area and who has sustained an eco- percent of the qualified wages with respect GO Zone. nomic loss by reason of Hurricane Rita. to each eligible employee of such employer ‘‘(C) QUALIFIED WAGES.—The term ‘quali- ‘‘(D) QUALIFIED HURRICANE WILMA INDI- for such taxable year. For purposes of the fied wages’ means wages (as defined in sec- VIDUAL.—The term ‘qualified Hurricane preceding sentence, the amount of qualified tion 51(c)(1), but without regard to section Wilma individual’ means an individual wages which may be taken into account with 3306(b)(2)(B)) paid or incurred by an eligible (other than a qualified Hurricane Katrina in- respect to any individual shall not exceed employer with respect to an eligible em- dividual or a qualified Hurricane Rita indi- $6,000. ployee on any day after September 23, 2005, vidual) whose principal place of abode on Oc- ‘‘(2) DEFINITIONS.—For purposes of this sub- and before January 1, 2006, which occurs dur- tober 23, 2005, is located in the Hurricane section— ing the period— Wilma disaster area and who has sustained ‘‘(A) ELIGIBLE EMPLOYER.—The term ‘eligi- ‘‘(i) beginning on the date on which the an economic loss by reason of Hurricane ble employer’ means any employer— trade or business described in subparagraph Wilma. ‘‘(i) which conducted an active trade or (A) first became inoperable at the principal ‘‘(4) APPLICABLE PERIOD; QUALIFIED BEGIN- business on August 28, 2005, in the GO Zone, place of employment of the employee imme- NING DATE.—For purposes of this sub- and diately before Hurricane Rita, and section— ‘‘(ii) with respect to whom the trade or ‘‘(ii) ending on the date on which such ‘‘(A) HURRICANE KATRINA.—In the case of business described in clause (i) is inoperable trade or business has resumed significant op- any qualified Hurricane Katrina individual— on any day after August 28, 2005, and before erations at such principal place of employ- ‘‘(i) the applicable period is the period be- January 1, 2006, as a result of damage sus- ment. ginning on September 24, 2005, and ending on tained by reason of Hurricane Katrina. Such term shall include wages paid without December 31, 2006, and ‘‘(B) ELIGIBLE EMPLOYEE.—The term ‘eligi- regard to whether the employee performs no ‘‘(ii) the qualified beginning date is August ble employee’ means with respect to an eligi- services, performs services at a different 25, 2005. ble employer an employee whose principal place of employment than such principal ‘‘(B) HURRICANE RITA.—In the case of any place of employment on August 28, 2005, with place of employment, or performs services at qualified Hurricane Rita individual— such eligible employer was in the GO Zone. such principal place of employment before ‘‘(i) the applicable period is the period be- ‘‘(C) QUALIFIED WAGES.—The term ‘quali- significant operations have resumed. ginning on the date of the enactment of this fied wages’ means wages (as defined in sec- ‘‘(3) CERTAIN RULES TO APPLY.—For pur- subsection and ending on December 31, 2006, tion 51(c)(1), but without regard to section poses of this subsection, rules similar to the and 3306(b)(2)(B)) paid or incurred by an eligible rules of sections 51(i)(1) and 52 shall apply. ‘‘(ii) the qualified beginning date is Sep- employer with respect to an eligible em- ‘‘(4) EMPLOYEE NOT TAKEN INTO ACCOUNT tember 23, 2005. ployee on any day after August 28, 2005, and MORE THAN ONCE.—An employee shall not be ‘‘(C) HURRICANE WILMA.—In the case of any before January 1, 2006, which occurs during treated as an eligible employee for purposes qualified Hurricane Wilma individual— the period— of this subsection for any period with respect ‘‘(i) the applicable period is the period be- ‘‘(i) beginning on the date on which the to any employer if such employer is allowed ginning on the date of the enactment of this trade or business described in subparagraph a credit under subsection (a) or section 51 subparagraph and ending on December 31, (A) first became inoperable at the principal with respect to such employee for such pe- 2006, and place of employment of the employee imme- riod. ‘‘(ii) the qualified beginning date is Octo- diately before Hurricane Katrina, and ‘‘(c) EMPLOYEE RETENTION CREDIT FOR EM- ber 23, 2005. ‘‘(ii) ending on the date on which such PLOYERS AFFECTED BY HURRICANE WILMA.— ‘‘(d) PROVISIONS RELATING TO PLAN AMEND- trade or business has resumed significant op- ‘‘(1) IN GENERAL.—For purposes of section MENTS.— erations at such principal place of employ- 38, in the case of an eligible employer, the ‘‘(1) IN GENERAL.—If this subsection applies ment. Hurricane Wilma employee retention credit to any amendment to any plan or annuity Such term shall include wages paid without for any taxable year is an amount equal to 40 contract, such plan or contract shall be regard to whether the employee performs no percent of the qualified wages with respect

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.195 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13865 to each eligible employee of such employer graph (A) of such section which precedes come of the taxpayer for the preceding tax- for such taxable year. For purposes of the clause (i) thereof for purposes of applying able year, the credits allowed under sections preceding sentence, the amount of qualified such section. 24(d) and 32 may, at the election of the tax- wages which may be taken into account with ‘‘(B) CORPORATIONS.—In the case of a cor- payer, be determined by substituting— respect to any individual shall not exceed poration— ‘‘(A) such earned income for the preceding $6,000. ‘‘(i) LIMITATION.—Any qualified contribu- taxable year, for ‘‘(2) DEFINITIONS.—For purposes of this sub- tion shall be allowed only to the extent that ‘‘(B) such earned income for the taxable section— the aggregate of such contributions does not year which includes the applicable date. ‘‘(A) ELIGIBLE EMPLOYER.—The term ‘eligi- exceed the excess of the taxpayer’s taxable ‘‘(2) QUALIFIED INDIVIDUAL.—For purposes ble employer’ means any employer— income (as determined under paragraph (2) of of this subsection— ‘‘(i) which conducted an active trade or section 170(b)) over the amount of all other ‘‘(A) IN GENERAL.—The term ‘qualified indi- business on October 23, 2005, in the Wilma GO charitable contributions allowed under such vidual’ means any qualified Hurricane Zone, and paragraph. Katrina individual, any qualified Hurricane ‘‘(ii) with respect to whom the trade or ‘‘(ii) CARRYOVER.—Rules similar to the Rita individual, and any qualified Hurricane business described in clause (i) is inoperable rules of subparagraph (A)(ii) shall apply for Wilma individual. on any day after October 23, 2005, and before purposes of this subparagraph. ‘‘(B) QUALIFIED HURRICANE KATRINA INDI- January 1, 2006, as a result of damage sus- ‘‘(3) EXCEPTION TO OVERALL LIMITATION ON VIDUAL.—The term ‘qualified Hurricane tained by reason of Hurricane Wilma. ITEMIZED DEDUCTIONS.—So much of any de- Katrina individual’ means any individual ‘‘(B) ELIGIBLE EMPLOYEE.—The term ‘eligi- duction allowed under section 170 as does not whose principal place of abode on August 25, ble employee’ means with respect to an eligi- exceed the qualified contributions paid dur- 2005, was located— ble employer an employee whose principal ing the taxable year shall not be treated as ‘‘(i) in the GO Zone, or place of employment on October 23, 2005, an itemized deduction for purposes of section ‘‘(ii) in the Hurricane Katrina disaster area with such eligible employer was in the 68. (but outside the GO Zone) and such indi- Wilma GO Zone. ‘‘(4) QUALIFIED CONTRIBUTIONS.— vidual was displaced from such principal ‘‘(C) QUALIFIED WAGES.—The term ‘quali- ‘‘(A) IN GENERAL.—For purposes of this sub- place of abode by reason of Hurricane fied wages’ means wages (as defined in sec- section, the term ‘qualified contribution’ Katrina. tion 51(c)(1), but without regard to section means any charitable contribution (as de- ‘‘(C) QUALIFIED HURRICANE RITA INDI- 3306(b)(2)(B)) paid or incurred by an eligible fined in section 170(c)) if— VIDUAL.—The term ‘qualified Hurricane Rita employer with respect to an eligible em- ‘‘(i) such contribution is paid during the individual’ means any individual (other than ployee on any day after October 23, 2005, and period beginning on August 28, 2005, and end- a qualified Hurricane Katrina individual) before January 1, 2006, which occurs during ing on December 31, 2005, in cash to an orga- whose principal place of abode on September the period— nization described in section 170(b)(1)(A) 23, 2005, was located— ‘‘(i) beginning on the date on which the (other than an organization described in sec- ‘‘(i) in the Rita GO Zone, or trade or business described in subparagraph tion 509(a)(3)), ‘‘(ii) in the Hurricane Rita disaster area (A) first became inoperable at the principal ‘‘(ii) in the case of a contribution paid by (but outside the Rita GO Zone) and such in- place of employment of the employee imme- dividual was displaced from such principal a corporation, such contribution is for relief diately before Hurricane Wilma, and place of abode by reason of Hurricane Rita. efforts related to Hurricane Katrina, Hurri- ‘‘(ii) ending on the date on which such ‘‘(D) QUALIFIED HURRICANE WILMA INDI- cane Rita, or Hurricane Wilma, and trade or business has resumed significant op- VIDUAL.—The term ‘qualified Hurricane ‘‘(iii) the taxpayer has elected the applica- erations at such principal place of employ- Wilma individual’ means any individual tion of this subsection with respect to such ment. whose principal place of abode on October 23, contribution. Such term shall include wages paid without 2005, was located— ‘‘(B) EXCEPTION.—Such term shall not in- regard to whether the employee performs no ‘‘(i) in the Wilma GO Zone, or clude a contribution if the contribution is services, performs services at a different ‘‘(ii) in the Hurricane Wilma disaster area for establishment of a new, or maintenance place of employment than such principal (but outside the Wilma GO Zone) and such in an existing, segregated fund or account place of employment, or performs services at individual was displaced from such principal such principal place of employment before with respect to which the donor (or any per- place of abode by reason of Hurricane Wilma. son appointed or designated by such donor) significant operations have resumed. ‘‘(3) APPLICABLE DATE.—For purposes of has, or reasonably expects to have, advisory ‘‘(3) CERTAIN RULES TO APPLY.—For pur- this subsection, the term ‘applicable date’ poses of this subsection, rules similar to the privileges with respect to distributions or in- means— rules of sections 51(i)(1) and 52 shall apply. vestments by reason of the donor’s status as ‘‘(A) in the case of a qualified Hurricane a donor. ‘‘(4) EMPLOYEE NOT TAKEN INTO ACCOUNT Katrina individual, August 25, 2005, ‘‘(C) APPLICATION OF ELECTION TO PARTNER- MORE THAN ONCE.—An employee shall not be ‘‘(B) in the case of a qualified Hurricane treated as an eligible employee for purposes SHIPS AND S CORPORATIONS.—In the case of a Rita individual, September 23, 2005, and of this subsection for any period with respect partnership or S corporation, the election ‘‘(C) in the case of a qualified Hurricane to any employer if such employer is allowed under subparagraph (A)(iii) shall be made Wilma individual, October 23, 2005. separately by each partner or shareholder. a credit under subsection (a) or (b) or section ‘‘(4) EARNED INCOME.—For purposes of this ‘‘(b) SUSPENSION OF CERTAIN LIMITATIONS 51 with respect to such employee for such pe- subsection, the term ‘earned income’ has the ON PERSONAL CASUALTY LOSSES.—Paragraphs riod. (1) and (2)(A) of section 165(h) shall not apply meaning given such term under section 32(c). ‘‘SEC. 1400S. ADDITIONAL TAX RELIEF PROVI- to losses described in section 165(c)(3)— ‘‘(5) SPECIAL RULES.— SIONS. ‘‘(1) which arise in the Hurricane Katrina ‘‘(A) APPLICATION TO JOINT RETURNS.—For ‘‘(a) TEMPORARY SUSPENSION OF LIMITA- disaster area on or after August 25, 2005, and purposes of paragraph (1), in the case of a TIONS ON CHARITABLE CONTRIBUTIONS.— which are attributable to Hurricane Katrina, joint return for a taxable year which in- ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(2) which arise in the Hurricane Rita dis- cludes the applicable date— vided in paragraph (2), section 170(b) shall ‘‘(i) such paragraph shall apply if either not apply to qualified contributions and such aster area on or after September 23, 2005, and which are attributable to Hurricane Rita, or spouse is a qualified individual, and contributions shall not be taken into ac- ‘‘(ii) the earned income of the taxpayer for count for purposes of applying subsections ‘‘(3) which arise in the Hurricane Wilma disaster area on or after October 23, 2005, and the preceding taxable year shall be the sum (b) and (d) of section 170 to other contribu- of the earned income of each spouse for such tions. which are attributable to Hurricane Wilma. In the case of any other losses, section preceding taxable year. ‘‘(2) TREATMENT OF EXCESS CONTRIBU- 165(h)(2)(A) shall be applied without regard ‘‘(B) UNIFORM APPLICATION OF ELECTION.— TIONS.—For purposes of section 170— to the losses referred to in the preceding sen- Any election made under paragraph (1) shall ‘‘(A) INDIVIDUALS.—In the case of an indi- tence. apply with respect to both section 24(d) and vidual— ‘‘(c) REQUIRED EXERCISE OF AUTHORITY section 32. ‘‘(i) LIMITATION.—Any qualified contribu- UNDER SECTION 7508A.—In the case of any ‘‘(C) ERRORS TREATED AS MATHEMATICAL tion shall be allowed only to the extent that taxpayer determined by the Secretary to be ERROR.—For purposes of section 6213, an in- the aggregate of such contributions does not affected by the Presidentially declared dis- correct use on a return of earned income pur- exceed the excess of the taxpayer’s contribu- aster relating to Hurricane Katrina, Hurri- suant to paragraph (1) shall be treated as a tion base (as defined in subparagraph (F) of cane Rita, or Hurricane Wilma, any relief mathematical or clerical error. section 170(b)(1)) over the amount of all provided by the Secretary under section ‘‘(D) NO EFFECT ON DETERMINATION OF other charitable contributions allowed under 7508A shall be for a period ending not earlier GROSS INCOME, ETC.—Except as otherwise pro- section 170(b)(1). than February 28, 2006. vided in this subsection, this title shall be ‘‘(ii) CARRYOVER.—If the aggregate amount ‘‘(d) SPECIAL RULE FOR DETERMINING applied without regard to any substitution of qualified contributions made in the con- EARNED INCOME.— under paragraph (1). tribution year (within the meaning of sec- ‘‘(1) IN GENERAL.—In the case of a qualified ‘‘(e) SECRETARIAL AUTHORITY TO MAKE AD- tion 170(d)(1)) exceeds the limitation of individual, if the earned income of the tax- JUSTMENTS REGARDING TAXPAYER AND DE- clause (i), such excess shall be added to the payer for the taxable year which includes the PENDENCY STATUS.—With respect to taxable excess described in the portion of subpara- applicable date is less than the earned in- years beginning in 2005 or 2006, the Secretary

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00177 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.195 S16DEPT1 S13866 CONGRESSIONAL RECORD — SENATE December 16, 2005

may make such adjustments in the applica- (1) IN GENERAL.—Paragraph (2) of section (2) EFFECTIVE DATE.—The amendment tion of the internal revenue laws as may be 903(d) of the American Jobs Creation Act of made by paragraph (1) shall apply to disclo- necessary to ensure that taxpayers do not 2004 is amended to read as follows: sures after December 31, 2005. lose any deduction or credit or experience a ‘‘(2) EXCEPTION FOR REPORTABLE OR LISTED (b) DISCLOSURES RELATING TO TERRORIST change of filing status by reason of tem- TRANSACTIONS.— ACTIVITIES.— porary relocations by reason of Hurricane ‘‘(A) IN GENERAL.—The amendments made (1) IN GENERAL.—Clause (iv) of section Katrina, Hurricane Rita, or Hurricane by subsection (c) shall apply with respect to 6103(i)(3)(C) and subparagraph (E) of section Wilma. Any adjustments made under the interest accruing after October 3, 2004. 6103(i)(7) are each amended by striking ‘‘De- preceding sentence shall ensure that an indi- ‘‘(B) SPECIAL RULE FOR CERTAIN LISTED AND cember 31, 2005’’ and inserting ‘‘December 31, vidual is not taken into account by more REPORTABLE TRANSACTIONS.— 2006’’. than one taxpayer with respect to the same ‘‘(i) IN GENERAL.—Except as provided in (2) EFFECTIVE DATE.—The amendments tax benefit. clauses (ii), (iii), and (iv), the amendments made by paragraph (1) shall apply to disclo- ‘‘SEC. 1400T. SPECIAL RULES FOR MORTGAGE made by subsection (c) shall also apply with sures after December 31, 2005. REVENUE BONDS. respect to interest accruing on or before Oc- (c) DISCLOSURES RELATING TO STUDENT ‘‘(a) IN GENERAL.—In the case of financing tober 3, 2004. LOANS.— provided with respect to owner-occupied ‘‘(ii) PARTICIPANTS IN SETTLEMENT INITIA- (1) IN GENERAL.—Subparagraph (D) of sec- residences in the GO Zone, the Rita GO Zone, TIVES.—Clause (i) shall not apply to any tion 6103(l)(13) (relating to termination) is or the Wilma GO Zone, section 143 shall be transaction if, as of January 23, 2006— amended by striking ‘‘December 31, 2005’’ and applied— ‘‘(I) the taxpayer is participating in a set- inserting ‘‘December 31, 2006’’. ‘‘(1) by treating any such residence in the tlement initiative described in Internal Rev- (2) EFFECTIVE DATE.—The amendment Rita GO Zone or the Wilma GO Zone as a tar- enue Service Announcement 2005-80 with re- made by paragraph (1) shall apply to re- geted area residence, spect to such transaction, or quests made after December 31, 2005. ‘‘(2) by applying subsection (f)(3) thereof ‘‘(II) the taxpayer has entered into a set- TITLE IV—TECHNICALS without regard to subparagraph (A) thereof, tlement agreement pursuant to such an ini- Subtitle A—Tax Technicals and tiative. SEC. 401. SHORT TITLE. ‘‘(3) by substituting ‘$150,000’ for ‘$15,000’ in Subclause (I) shall not apply to any taxpayer This subtitle may be cited as the ‘‘Tax subsection (k)(4) thereof. if, after January 23, 2006, the taxpayer with- Technical Corrections Act of 2005’’. ‘‘(b) APPLICATION.—Subsection (a) shall not draws from, or terminates, participation in apply to financing provided after December the initiative or the Secretary of the Treas- SEC. 402. AMENDMENTS RELATED TO ENERGY POLICY ACT OF 2005. 31, 2010.’’. ury or the Secretary’s delegate determines (a) AMENDMENTS RELATED TO SECTION (b) CONFORMING AMENDMENTS.— that a settlement agreement will not be 1263.— (1) Subsection (b) of section 38, as amended reached pursuant to the initiative within a (1) Part VI of subchapter O of chapter 1 is by this Act, is amended by striking ‘‘and’’ at reasonable period of time. repealed. the end of paragraph (26), by striking the pe- ‘‘(iii) TAXPAYERS ACTING IN GOOD FAITH.— (2) Section 1223 is amended by striking riod at the end of paragraph (27) and insert- The Secretary of the Treasury may except paragraph (3) and by redesignating para- ing a comma, and by adding at the end the from the application of clause (i) any trans- graphs (4) through (16) as paragraphs (3) following new paragraphs: action in which the taxpayer has acted rea- through (15), respectively. ‘‘(28) the Hurricane Katrina employee re- sonably and in good faith. (3) Section 121(g) is amended by striking tention credit determined under section ‘‘(iv) CLOSED TRANSACTIONS.—Clause (i) ‘‘1223(7)’’ and inserting ‘‘1223(6)’’. 1400R(a), shall not apply to a transaction if, as of De- (4) Section 246(c)(3)(B) is amended by strik- ‘‘(29) the Hurricane Rita employee reten- cember 14, 2005— ing ‘‘paragraph (4) of section 1223’’ and in- tion credit determined under section ‘‘(I) the assessment of all Federal income serting ‘‘paragraph (3) of section 1223’’. 1400R(b), and taxes for the taxable year in which the tax (5) Section 247(b)(2)(D) is amended by in- ‘‘(30) the Hurricane Wilma employee reten- liability to which the interest relates arose serting ‘‘as in effect before its repeal’’ after tion credit determined under section is prevented by the operation of any law or ‘‘part VI of subchapter O’’. 1400R(c).’’. rule of law, or (6)(A) Section 1245(b) is amended by strik- (2) Section 280C(a), as amended by this Act, ‘‘(II) a closing agreement under section ing paragraph (5) and redesignating para- is amended by striking ‘‘and 1400P(b)’’ and 7121 has been entered into with respect to the graphs (6) through (9) as paragraphs (5) inserting ‘‘1400P(b), and 1400R’’. tax liability arising in connection with the through (8), respectively. (3) The table of sections for part II of sub- transaction.’’. (B) Section 1245(b)(3) is amended by strik- chapter Y of chapter 1 is amended by adding (2) EFFECTIVE DATE.—The amendment ing ‘‘paragraph (7)’’ and inserting ‘‘para- at the end the following new items: made by this subsection shall take effect as graph (6)’’. if included in the provisions of the American ‘‘Sec. 1400Q. Special rules for use of re- (7)(A) Section 1250(d) is amended by strik- Jobs Creation Act of 2004 to which it relates. tirement funds. ing paragraph (5) and redesignating para- ‘‘Sec. 1400R. Employment relief. (b) TREATMENT OF AMENDED RETURNS AND graphs (6) through (8) as paragraphs (5) ‘‘Sec. 1400S. Additional tax relief provi- OTHER SIMILAR NOTICES OF ADDITIONAL TAX through (7), respectively. sions.’’. OWED.— (B) Section 1250(e)(2) is amended by strik- (4) The following provisions of the Katrina (1) IN GENERAL.—Section 6404(g)(1) (relating ing ‘‘(3), or (5)’’ and inserting ‘‘or (3)’’. Emergency Tax Relief Act of 2005 are hereby to suspension) is amended by adding at the (b) AMENDMENT RELATED TO SECTION 1301.— repealed: end the following new sentence: ‘‘If, after the Clause (ii) of section 45(c)(3)(A) is amended (A) Title I. return for a taxable year is filed, the tax- by striking ‘‘nonhazardous lignin waste ma- (B) Sections 202, 301, 402, 403(b), 406, and payer provides to the Secretary 1 or more terial’’ and inserting ‘‘lignin material’’. 407. signed written documents showing that the (c) AMENDMENTS RELATED TO SECTION TITLE III—OTHER PROVISIONS taxpayer owes an additional amount of tax 1303.— SEC. 301. GULF COAST RECOVERY BONDS. for the taxable year, clause (i) shall be ap- (1) Subsection (l) of section 54 is amended It is the sense of the Congress that the plied by substituting the date the last of the by striking paragraph (5), and by redesig- Secretary of the Treasury, or the Secretary’s documents was provided for the date on nating paragraphs (6) and (7) as paragraphs delegate, should designate one or more series which the return is filed.’’. (5) and (6), respectively. of bonds or certificates (or any portion (2) EFFECTIVE DATE.—The amendment (2) Subsection (e) of section 1303 of the En- thereof) issued under section 3105 of title 31, made by this subsection shall apply to docu- ergy Policy Act of 2005 is amended to read as United States Code, as ‘‘Gulf Coast Recovery ments provided on or after the date of the follows: Bonds’’ in response to Hurricanes Katrina, enactment of this Act. ‘‘(e) EFFECTIVE DATES.— Rita, and Wilma. SEC. 304. AUTHORITY FOR UNDERCOVER OPER- ‘‘(1) IN GENERAL.—Except as provided in SEC. 302. ELECTION TO INCLUDE COMBAT PAY AS ATIONS. paragraph (2), the amendments made by this EARNED INCOME FOR PURPOSES OF Paragraph (6) of section 7608(c) (relating to section shall apply to bonds issued after De- EARNED INCOME CREDIT. application of section) is amended by strik- cember 31, 2005. (a) IN GENERAL.—Subclause (II) of section ing ‘‘January 1, 2006’’ both places is appears ‘‘(2) SUBSECTION (C).—The amendments 32(c)(2)(B)(vi) is amended by striking ‘‘Janu- and inserting ‘‘January 1, 2007’’. made by subsection (c) shall apply to taxable ary 1, 2006’’ and inserting ‘‘January 1, 2007’’. years beginning after December 31, 2005.’’. SEC. 305. DISCLOSURES OF CERTAIN TAX RE- (b) EFFECTIVE DATE.—The amendment (d) AMENDMENTS RELATED TO SECTION TURN INFORMATION. made by subsection (a) shall apply to taxable 1306.— years beginning after December 31, 2005. (a) DISCLOSURES TO FACILITATE COMBINED (1) Paragraph (2) of section 45J(c) is amend- SEC. 303. MODIFICATION OF EFFECTIVE DATE OF EMPLOYMENT TAX REPORTING.— ed to read as follows: EXCEPTION FROM SUSPENSION (1) IN GENERAL.—Subparagraph (B) of sec- ‘‘(2) PHASEOUT OF CREDIT.— RULES FOR CERTAIN LISTED AND tion 6103(d)(5) (relating to termination) is ‘‘(A) IN GENERAL.—The amount of the cred- REPORTABLE TRANSACTIONS. amended by striking ‘‘December 31, 2005’’ and it determined under subsection (a) shall be (a) EFFECTIVE DATE MODIFICATION.— inserting ‘‘December 31, 2006’’. reduced by an amount which bears the same

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00178 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.195 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13867 ratio to the amount of the credit (deter- ‘‘(i) $6,667 in the case of any qualified pho- ‘‘(i) 15 percent of so much of the taxpayer’s mined without regard to this paragraph) as— tovoltaic property expenditures, earned income (within the meaning of sec- ‘‘(i) the amount by which the reference ‘‘(ii) $6,667 in the case of any qualified solar tion 32) which is taken into account in com- price (as defined in section 45(e)(2)(C)) for the water heating property expenditures, and puting taxable income for the taxable year calendar year in which the sale occurs ex- ‘‘(iii) $1,667 in the case of each half kilo- as exceeds $10,000, or ceeds 8 cents, bears to watt of capacity of qualified fuel cell prop- ‘‘(ii) in the case of a taxpayer with 3 or ‘‘(ii) 3 cents. erty (as defined in section 48(c)(1)) for which more qualifying children, the excess (if any) ‘‘(B) PHASEOUT ADJUSTMENT BASED ON IN- qualified fuel cell property expenditures are of— FLATION.—The 8 cent amount in subpara- made. ‘‘(I) the taxpayer’s social security taxes for graph (A) shall be adjusted by multiplying ‘‘(B) ALLOCATION OF EXPENDITURES.—The the taxable year, over such amount by the inflation adjustment expenditures allocated to any individual for ‘‘(II) the credit allowed under section for factor (as defined in section 45(e)(2)(B)) for the taxable year in which such calendar year the taxable year. the calendar year in which the sale occurs. If ends shall be an amount equal to the lesser The amount of the credit allowed under this any amount as increased under the preceding of— subsection shall not be treated as a credit al- sentence is not a multiple of 0.1 cent, such ‘‘(i) the amount of expenditures made by lowed under this subpart and shall reduce such individual with respect to such dwelling amount shall be rounded to the nearest mul- the amount of credit otherwise allowable during such calendar year, or tiple of 0.1 cent.’’. under subsection (a) without regard to sec- ‘‘(ii) the maximum amount of such expend- (2) Subsection (e) of section 45J is amended tion 26(a)(2) or subsection (b)(3), as the case itures set forth in subparagraph (A) multi- by striking ‘‘(2),’’. may be. For purposes of subparagraph (B), plied by a fraction— (e) AMENDMENT RELATED TO SECTION 1309.— any amount excluded from gross income by ‘‘(I) the numerator of which is the amount Subparagraph (B) of section 169(d)(5) is reason of section 112 shall be treated as of such expenditures with respect to such amended by adding at beginning thereof ‘‘in earned income which is taken into account dwelling made by such individual during the case of facility placed in service in con- in computing taxable income for the taxable such calendar year, and nection with a plant or other property placed year.’’. in operation after December 31, 1975,’’. ‘‘(II) the denominator of which is the total expenditures made by all such individuals (C) Subparagraph (C) of section 25(e)(1) is (f) AMENDMENTS RELATED TO SECTION with respect to such dwelling during such amended to read as follows: 1311.— ‘‘(C) APPLICABLE TAX LIMIT.—For purposes (1) Clause (i) of section 172(b)(1)(I) is calendar year.’’. (3)(A)(i) The matter preceding subpara- of this paragraph, the term ‘applicable tax amended to read as follows: graph (A) of section 23(b)(4) is amended by limit’ means— ‘‘(i) IN GENERAL.—At the election of the striking ‘‘The credit’’ and inserting ‘‘In the ‘‘(i) in the case of a taxable year to which taxpayer for any taxable year ending after case of a taxable year to which section section 26(a)(2) applies, the limitation im- December 31, 2005, and before January 1, 2009, 26(a)(2) does not apply, the credit’’. posed by section 26(a)(2) for the taxable year in the case of a net operating loss for a tax- (ii) Subsection (c) of section 23 is amended reduced by the sum of the credits allowable able year ending after December 31, 2002, and to read as follows: under this subpart (other than this section before January 1, 2006, there shall be a net ‘‘(c) CARRYFORWARDS OF UNUSED CREDIT.— and sections 23, 25D, and 1400C), and operating loss carryback to each of the 5 tax- ‘‘(1) RULE FOR YEARS IN WHICH ALL PER- ‘‘(ii) in the case of a taxable year to which able years preceding the taxable year of such SONAL CREDITS ALLOWED AGAINST REGULAR section 26(a)(2) does not apply, the limitation loss to the extent that such loss does not ex- AND ALTERNATIVE MINIMUM TAX.—In the case imposed by section 26(a)(1) for the taxable ceed 20 percent of the sum of the electric of a taxable year to which section 26(a)(2) ap- year reduced by the sum of the credits allow- transmission property capital expenditures plies, if the credit allowable under sub- able under this subpart (other than this sec- and the pollution control facility capital ex- section (a) for any taxable year exceeds the tion and sections 23, 24, 25B, 25D, and penditures of the taxpayer for the taxable limitation imposed by section 26(a)(2) for 1400C).’’. year preceding the taxable year for which such taxable year reduced by the sum of the (D) The matter preceding paragraph (1) of such election is made.’’. credits allowable under this subpart (other section 25B(g) is amended by striking ‘‘The (2) Clause (ii) of section 172(b)(1)(I) is than this section and sections 25D and 1400C), credit’’ and inserting ‘‘In the case of a tax- amended by striking ‘‘in a taxable year’’ and such excess shall be carried to the suc- able year to which section 26(a)(2) does not inserting ‘‘for a taxable year’’. ceeding taxable year and added to the credit apply, the credit’’. (3) Subparagraph (I) of section 172(b)(1) is allowable under subsection (a) for such tax- (E) Subsection (c) of section 25D is amend- amended by striking clause (iv) and (v), by able year. ed to read as follows: redesignating clause (vi) as clause (v), and by ‘‘(2) RULE FOR OTHER YEARS.—In the case of ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.— inserting after clause (iii) the following: a taxable year to which section 26(a)(2) does ‘‘(1) RULE FOR YEARS IN WHICH ALL PER- ‘‘(iv) SPECIAL RULES RELATING TO CREDIT OR not apply, if the credit allowable under sub- SONAL CREDITS ALLOWED AGAINST REGULAR REFUND.—In the case of the portion of the section (a) for any taxable year exceeds the AND ALTERNATIVE MINIMUM TAX.—In the case loss which is carried back 5 years by reason limitation imposed by subsection (b)(4) for of a taxable year to which section 26(a)(2) ap- of clause (i)— such taxable year, such excess shall be car- plies, if the credit allowable under sub- ‘‘(I) an application under section 6411(a) ried to the succeeding taxable year and section (a) exceeds the limitation imposed by with respect to such portion shall not fail to added to the credit allowable under subsection 26(a)(2) for such taxable year reduced be treated as timely filed if filed within 24 section (a) for such taxable year. by the sum of the credits allowable under months after the due date specified under ‘‘(3) LIMITATION.—No credit may be carried this subpart (other than this section), such such section, and forward under this subsection to any taxable excess shall be carried to the succeeding tax- ‘‘(II) references in sections 6501(h), year following the fifth taxable year after able year and added to the credit allowable 6511(d)(2)(A), and 6611(f)(1) to the taxable the taxable year in which the credit arose. under subsection (a) for such succeeding tax- year in which such net operating loss arises For purposes of the preceding sentence, cred- able year. or results in a net operating loss carryback its shall be treated as used on a first-in first- ‘‘(2) RULE FOR OTHER YEARS.—In the case of shall be treated as references to the taxable out basis.’’. a taxable year to which section 26(a)(2) does year for which such election is made.’’. (B)(i) The matter preceding subparagraph not apply, if the credit allowable under sub- (g) AMENDMENT RELATED TO SECTION 1322.— (A) of section 24(b)(3) is amended by striking section (a) exceeds the limitation imposed by Subsection (a) of section 45K is amended by ‘‘The credit’’ and inserting ‘‘In the case of a section 26(a)(1) for such taxable year reduced striking ‘‘if the taxpayer elects to have this taxable year to which section 26(a)(2) does by the sum of the credits allowable under section apply,’’. not apply, the credit’’. this subpart (other than this section and sec- (h) AMENDMENT RELATED TO SECTION 1331.— (ii) Paragraph (1) of section 24(d) is amend- tions 23, 24, and 25B), such excess shall be Paragraph (3) of section 1250(b) is amended ed to read as follows: carried to the succeeding taxable year and by striking ‘‘or by section 179D’’. ‘‘(1) IN GENERAL.—The aggregate credits al- added to the credit allowable under sub- (i) AMENDMENTS RELATED TO SECTION lowed to a taxpayer under subpart C shall be section (a) for such succeeding taxable 1335.— increased by the lesser of— year.’’. (1) Paragraph (1) of section 25D(b) is ‘‘(A) the credit which would be allowed (F) Subsection (d) of section 1400C is amended by inserting ‘‘(determined without under this section without regard to this amended to read as follows: regard to subsection (c))’’ after ‘‘subsection subsection and the limitation under section ‘‘(d) CARRYFORWARD OF UNUSED CREDIT.— (a)’’. 26(a)(2) or subsection (b)(3), as the case may ‘‘(1) RULE FOR YEARS IN WHICH ALL PER- (2) Subparagraphs (A) and (B) of section be, or SONAL CREDITS ALLOWED AGAINST REGULAR 25D(e)(4) are amended to read as follows: ‘‘(B) the amount by which the aggregate AND ALTERNATIVE MINIMUM TAX.—In the case ‘‘(A) MAXIMUM EXPENDITURES.—The max- amount of credits allowed by this subpart of a taxable year to which section 26(a)(2) ap- imum amount of expenditures which may be (determined without regard to this sub- plies, if the credit allowable under sub- taken into account under subsection (a) by section) would increase if the limitation im- section (a) exceeds the limitation imposed by all such individuals with respect to such posed by section 26(a)(2) or subsection (b)(3), section 26(a)(2) for such taxable year reduced dwelling unit during such calendar year shall as the case may be, were increased by the ex- by the sum of the credits allowable under be— cess (if any) of— subpart A of part IV of subchapter A (other

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00179 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.196 S16DEPT1 S13868 CONGRESSIONAL RECORD — SENATE December 16, 2005 than this section and section 25D), such ex- SEC. 403. AMENDMENTS RELATED TO THE AMER- group at all times during the taxable year of cess shall be carried to the succeeding tax- ICAN JOBS CREATION ACT OF 2004. such partnership, the partnership and all able year and added to the credit allowable (a) AMENDMENTS RELATED TO SECTION 102 members of such group shall be treated as a under subsection (a) for such taxable year. OF THE ACT.— single taxpayer during such period.’’. ‘‘(2) RULE FOR OTHER YEARS.—In the case of (1) Paragraph (1) of section 199(b) is amend- (8) Paragraph (1) of section 199(d) is amend- a taxable year to which section 26(a)(2) does ed by striking ‘‘the employer’’ and inserting ed to read as follows: not apply, if the credit allowable under sub- ‘‘the taxpayer’’. ‘‘(1) APPLICATION OF SECTION TO PASS-THRU section (a) exceeds the limitation imposed by (2) Paragraph (2) of section 199(b) is amend- ENTITIES.— section 26(a)(1) for such taxable year reduced ed to read as follows: ‘‘(A) PARTNERSHIPS AND S CORPORATIONS.— by the sum of the credits allowable under ‘‘(2) W–2 WAGES.—For purposes of this sec- In the case of a partnership or S corpora- subpart A of part IV of subchapter A (other tion, the term ‘W–2 wages’ means, with re- tion— than this section and sections 23, 24, 25B, and spect to any person for any taxable year of ‘‘(i) this section shall be applied at the 25D), such excess shall be carried to the suc- such person, the sum of the amounts de- partner or shareholder level, ceeding taxable year and added to the credit scribed in paragraphs (3) and (8) of section ‘‘(ii) each partner or shareholder shall take allowable under subsection (a) for such tax- 6051(a) paid by such person with respect to into account such person’s allocable share of able year.’’. employment of employees by such person each item described in subparagraph (A) or (G) Subsection (i) of section 904 is amended during the calendar year ending during such (B) of subsection (c)(1) (determined without taxable year. Such term shall not include to read as follows: regard to whether the items described in ‘‘(i) COORDINATION WITH NONREFUNDABLE any amount which is not properly included such subparagraph (A) exceed the items de- PERSONAL CREDITS.—In the case of any tax- in a return filed with the Social Security Ad- scribed in such subparagraph (B)), and able year of an individual to which section ministration on or before the 60th day after ‘‘(iii) each partner or shareholder shall be 26(a)(2) does not apply, for purposes of sub- the due date (including extensions) for such treated for purposes of subsection (b) as hav- section (a), the tax against which the credit return.’’. ing W–2 wages for the taxable year in an is taken is such tax reduced by the sum of (3) Subparagraph (B) of section 199(c)(1) is amount equal to the lesser of— the credits allowable under subpart A of part amended by inserting ‘‘and’’ at the end of ‘‘(I) such person’s allocable share of the W– IV of subchapter A of this chapter (other clause (i), by striking clauses (ii) and (iii), 2 wages of the partnership or S corporation than sections 23, 24, and 25B).’’. and by inserting after clause (i) the fol- for the taxable year (as determined under (H) APPLICATION OF EGTRRA SUNSET.—The lowing: regulations prescribed by the Secretary), or amendments made by this paragraph (and ‘‘(ii) other expenses, losses, or deductions ‘‘(II) 2 times 9 percent of so much of such each part thereof) shall be subject to title IX (other than the deduction allowed under this person’s qualified production activities in- of the Economic Growth and Tax Relief Rec- section), which are properly allocable to come as is attributable to items allocated onciliation Act of 2001 in the same manner as such receipts.’’. under clause (ii) for the taxable year. the provisions of such Act to which such (4) Paragraph (2) of section 199(c) is amend- ‘‘(B) TRUSTS AND ESTATES.—In the case of a amendment (or part thereof) relates. ed to read as follows: trust or estate— ‘‘(2) ALLOCATION METHOD.—The Secretary (4) Subsection (b) of section 1335 of the En- ‘‘(i) the items referred to in subparagraph shall prescribe rules for the proper alloca- ergy Policy Act of 2005 is amended by strik- (A)(ii) (as determined therein) and the W–2 tion of items described in paragraph (1) for ing paragraphs (1), (2), and (3). The Internal wages of the trust or estate for the taxable purposes of determining qualified production Revenue Code of 1986 shall be applied and ad- year, shall be apportioned between the bene- activities income. Such rules shall provide ministered as if the amendments made such ficiaries and the fiduciary (and among the for the proper allocation of items whether or paragraphs had never been enacted. beneficiaries) under regulations prescribed not such items are directly allocable to do- (j) AMENDMENT RELATED TO SECTION 1341.— by the Secretary, and Paragraph (6) of section 30B(h) is amended by mestic production gross receipts.’’. ‘‘(ii) for purposes of paragraph (2), adjusted adding at the end the following sentence: (5) Subparagraph (A) of section 199(c)(4) is gross income of the trust or estate shall be ‘‘For purposes of subsection (g), property to amended by striking clauses (ii) and (iii) and determined as provided in section 67(e) with which this paragraph applies shall be treated inserting the following new clauses: the adjustments described in such paragraph. as of a character subject to an allowance for ‘‘(ii) in the case of a taxpayer engaged in ‘‘(C) REGULATIONS.—The Secretary may depreciation.’’. the active conduct of a construction trade or prescribe rules requiring or restricting the (k) AMENDMENT RELATED TO SECTION 1342.— business, construction of real property per- allocation of items and wages under this Paragraph (2) of section 30C(e) is amended by formed in the United States by the taxpayer paragraph and may prescribe such reporting adding at the end the following sentence: in the ordinary course of such trade or busi- requirements as the Secretary determines ‘‘For purposes of subsection (d), property to ness, or appropriate.’’. which this paragraph applies shall be treated ‘‘(iii) in the case of a taxpayer engaged in (9) Paragraph (3) of section 199(d) is amend- as of a character subject to an allowance for the active conduct of an engineering or ar- ed to read as follows: depreciation.’’. chitectural services trade or business, engi- ‘‘(3) AGRICULTURAL AND HORTICULTURAL CO- (l) AMENDMENTS RELATED TO SECTION neering or architectural services performed OPERATIVES.— 1351.— in the United States by the taxpayer in the ‘‘(A) DEDUCTION ALLOWED TO PATRONS.— (1) Paragraph (6) of section 41(f) (relating ordinary course of such trade or business Any person who receives a qualified payment to special rules) is amended by adding at the with respect to the construction of real prop- from a specified agricultural or horticultural end the following: erty in the United States.’’. cooperative shall be allowed for the taxable ‘‘(C) FOREIGN RESEARCH.—For purposes of (6) Subparagraph (B) of section 199(c)(4) is year in which such payment is received a de- subsection (a)(3), amounts paid or incurred amended by striking ‘‘and’’ at the end of duction under subsection (a) equal to the for any energy research conducted outside clause (i), by striking the period at the end portion of the deduction allowed under sub- the United States, the Commonwealth of of clause (ii) and inserting ‘‘, or’’, and by section (a) to such cooperative which is— Puerto Rico, or any possession of the United adding at the end the following: ‘‘(i) allowed with respect to the portion of States shall not be taken into account. ‘‘(iii) the lease, rental, license, sale, ex- the qualified production activities income to ‘‘(D) DENIAL OF DOUBLE BENEFIT.—Any change, or other disposition of land.’’. which such payment is attributable, and amount taken into account under subsection (7) Paragraph (4) of section 199(c) is amend- ‘‘(ii) identified by such cooperative in a (a)(3) shall not be taken into account under ed by adding at the end the following new written notice mailed to such person during paragraph (1) or (2) of subsection (a).’’. subparagraphs: the payment period described in section (2) Clause (ii) of section 41(b)(3)(C) is ‘‘(C) SPECIAL RULE FOR CERTAIN GOVERN- 1382(d). amended by striking ‘‘(other than an energy MENT CONTRACTS.—Gross receipts derived ‘‘(B) COOPERATIVE DENIED DEDUCTION FOR research consortium)’’. from the manufacture or production of any PORTION OF QUALIFIED PAYMENTS.—The tax- (m) EFFECTIVE DATE.— property described in subparagraph (A)(i)(I) able income of a specified agricultural or (1) IN GENERAL.—Except as provided in shall be treated as meeting the requirements horticultural cooperative shall not be re- paragraphs (2) and (3), the amendments made of subparagraph (A)(i) if— duced under section 1382 by reason of that by this section shall take effect as if in- ‘‘(i) such property is manufactured or proportion of any qualified payment as does not cluded in the provisions of the Energy Policy duced by the taxpayer pursuant to a contract exceed the deduction allowable under sub- Act of 2005 to which they relate. with the Federal Government, and paragraph (A) with respect to such payment. (2) REPEAL OF PUBLIC UTILITY HOLDING COM- ‘‘(ii) the Federal Acquisition Regulation ‘‘(C) TAXABLE INCOME OF COOPERATIVES DE- PANY ACT OF 1935.—The amendments made by requires that title or risk of loss with re- TERMINED WITHOUT REGARD TO CERTAIN DE- subsection (a) shall not apply with respect to spect to such property be transferred to the DUCTIONS.—For purposes of this section, the any transaction ordered in compliance with Federal Government before the manufacture taxable income of a specified agricultural or the Public Utility Holding Company Act of or production of such property is complete. horticultural cooperative shall be computed 1935 before its repeal. ‘‘(D) PARTNERSHIPS OWNED BY EXPANDED without regard to any deduction allowable (3) COORDINATION OF PERSONAL CREDITS.— AFFILIATED GROUPS.—For purposes of this under subsection (b) or (c) of section 1382 (re- The amendments made by subsection (i)(3) paragraph, if all of the interests in the cap- lating to patronage dividends, per-unit re- shall apply to taxable years beginning after ital and profits of a partnership are owned by tain allocations, and nonpatronage distribu- December 31, 2005. members of a single expanded affiliated tions).

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00180 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.196 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13869

‘‘(D) SPECIAL RULE FOR MARKETING CO- tively, and by inserting after subparagraph (1) Paragraph (7) of section 856(c) is amend- OPERATIVES.—For purposes of this section, a (B) the following new subparagraph: ed to read as follows: specified agricultural or horticultural coop- ‘‘(C) section 199,’’. ‘‘(7) RULES OF APPLICATION FOR FAILURE TO erative described in subparagraph (F)(ii) (17) Subsection (d) of section 172 is amend- SATISFY PARAGRAPH (4).— shall be treated as having manufactured, ed by adding at the end the following new ‘‘(A) IN GENERAL.—A corporation, trust, or produced, grown, or extracted in whole or paragraph: association that fails to meet the require- significant part any qualifying production ‘‘(7) MANUFACTURING DEDUCTION.—The de- ments of paragraph (4) (other than a failure property marketed by the organization duction under section 199 shall not be al- to meet the requirements of paragraph which its patrons have so manufactured, pro- lowed.’’. (4)(B)(iii) which is described in subparagraph duced, grown, or extracted. (18) Paragraph (1) of section 613A(d) is (B)(i) of this paragraph) for a particular ‘‘(E) QUALIFIED PAYMENT.—For purposes of amended by redesignating subparagraphs (B), quarter shall nevertheless be considered to this paragraph, the term ‘qualified payment’ (C), and (D) as subparagraphs (C), (D), and have satisfied the requirements of such para- means, with respect to any person, any (E), respectively, and by inserting after sub- graph for such quarter if— amount which— paragraph (A) the following new subpara- ‘‘(i) following the corporation, trust, or as- ‘‘(i) is described in paragraph (1) or (3) of graph: sociation’s identification of the failure to section 1385(a), ‘‘(B) any deduction allowable under section satisfy the requirements of such paragraph ‘‘(ii) is received by such person from a 199,’’. for a particular quarter, a description of specified agricultural or horticultural coop- (19) Subsection (e) of section 102 of the each asset that causes the corporation, trust, erative, and American Jobs Creation Act of 2004 is or association to fail to satisfy the require- ‘‘(iii) is attributable to qualified produc- amended to read as follows: ments of such paragraph at the close of such tion activities income with respect to which ‘‘(e) EFFECTIVE DATE.— quarter of any taxable year is set forth in a a deduction is allowed to such cooperative ‘‘(1) IN GENERAL.—The amendments made schedule for such quarter filed in accordance under subsection (a). by this section shall apply to taxable years with regulations prescribed by the Sec- ‘‘(F) SPECIFIED AGRICULTURAL OR HORTI- beginning after December 31, 2004. retary, CULTURAL COOPERATIVE .—For purposes of this ‘‘(2) APPLICATION TO PASS-THRU ENTITIES, ‘‘(ii) the failure to meet the requirements paragraph, the term ‘specified agricultural of such paragraph for a particular quarter is ETC.—In determining the deduction under or horticultural cooperative’ means an orga- section 199 of the Internal Revenue Code of due to reasonable cause and not due to will- nization to which part I of subchapter T ap- 1986 (as added by this section), items arising ful neglect, and plies which is engaged— from a taxable year of a partnership, S cor- ‘‘(iii)(I) the corporation, trust, or associa- ‘‘(i) in the manufacturing, production, poration, estate, or trust beginning before tion disposes of the assets set forth on the growth, or extraction in whole or significant January 1, 2005, shall not be taken into ac- schedule specified in clause (i) within 6 part of any agricultural or horticultural months after the last day of the quarter in count for purposes of subsection (d)(1) of product, or which the corporation, trust or association’s such section.’’. ‘‘(ii) in the marketing of agricultural or identification of the failure to satisfy the re- (b) AMENDMENT RELATED TO SECTION 231 OF horticultural products.’’. quirements of such paragraph occurred or THE ACT.—Paragraph (1) of section 1361(c) is (10) Clause (i) of section 199(d)(4)(B) is such other time period prescribed by the Sec- amended— amended to read as follows: retary and in the manner prescribed by the (A) by striking ‘‘50 percent’’ and inserting ‘‘(1) MEMBERS OF A FAMILY TREATED AS 1 Secretary, or ‘‘more than 50 percent’’, and SHAREHOLDER.— ‘‘(II) the requirements of such paragraph (B) by striking ‘‘80 percent’’ and inserting ‘‘(A) IN GENERAL.—For purposes of sub- are otherwise met within the time period ‘‘at least 80 percent’’. section (b)(1)(A), there shall be treated as specified in subclause (I). (11)(A) Paragraph (6) of section 199(d) is one shareholder— ‘‘(B) RULE FOR CERTAIN DE MINIMIS FAIL- amended to read as follows: ‘‘(i) a husband and wife (and their estates), URES.—A corporation, trust, or association ‘‘(6) COORDINATION WITH MINIMUM TAX.—For and that fails to meet the requirements of para- purposes of determining alternative min- ‘‘(ii) all members of a family (and their es- graph (4)(B)(iii) for a particular quarter shall imum taxable income under section 55— tates). nevertheless be considered to have satisfied ‘‘(A) qualified production activities income ‘‘(B) MEMBERS OF A FAMILY.—For purposes the requirements of such paragraph for such shall be determined without regard to any of this paragraph— quarter if— adjustments under sections 56 through 59, ‘‘(i) IN GENERAL.—The term ‘members of a ‘‘(i) such failure is due to the ownership of and family’ means a common ancestor, any lin- assets the total value of which does not ex- ‘‘(B) in the case of a corporation, sub- eal descendant of such common ancestor, ceed the lesser of— section (a)(1)(B) shall be applied by sub- and any spouse or former spouse of such ‘‘(I) 1 percent of the total value of the stituting ‘alternative minimum taxable in- common ancestor or any such lineal descend- trust’s assets at the end of the quarter for come’ for ‘taxable income’.’’. ant. which such measurement is done, and (B) Paragraph (2) of section 199(a) is ‘‘(ii) COMMON ANCESTOR.—An individual ‘‘(II) $10,000,000, and amended by striking ‘‘subsections (d)(1) and shall not be considered to be a common an- ‘‘(ii)(I) the corporation, trust, or associa- (d)(6)’’ and inserting ‘‘subsection (d)(1)’’. cestor if, on the applicable date, the indi- tion, following the identification of such (12) Subsection (d) of section 199 is amend- vidual is more than 6 generations removed failure, disposes of assets in order to meet ed by redesignating paragraph (7) as para- from the youngest generation of share- the requirements of such paragraph within 6 graph (8) and by inserting after paragraph (6) holders who would (but for this subpara- months after the last day of the quarter in the following new paragraph: graph) be members of the family. For pur- which the corporation, trust or association’s ‘‘(7) UNRELATED BUSINESS TAXABLE IN- poses of the preceding sentence, a spouse (or identification of the failure to satisfy the re- COME.—For purposes of determining the tax former spouse) shall be treated as being of quirements of such paragraph occurred or imposed by section 511, subsection (a)(1)(B) the same generation as the individual to such other time period prescribed by the Sec- shall be applied by substituting ‘unrelated whom such spouse is (or was) married. retary and in the manner prescribed by the business taxable income’ for ‘taxable in- ‘‘(iii) APPLICABLE DATE.—The term ‘appli- Secretary, or come’.’’. cable date’ means the latest of— ‘‘(II) the requirements of such paragraph (13) Paragraph (8) of section 199(d), as re- ‘‘(I) the date the election under section are otherwise met within the time period designated by paragraph (12), is amended by 1362(a) is made, specified in subclause (I). inserting ‘‘, including regulations which pre- ‘‘(II) the earliest date that an individual ‘‘(C) TAX.— vent more than 1 taxpayer from being al- described in clause (i) holds stock in the S ‘‘(i) TAX IMPOSED.—If subparagraph (A) ap- lowed a deduction under this section with re- corporation, or plies to a corporation, trust, or association spect to any activity described in subsection ‘‘(III) October 22, 2004. for any taxable year, there is hereby imposed (c)(4)(A)(i)’’ before the period at the end. ‘‘(C) EFFECT OF ADOPTION, ETC.—Any leon such corporation, trust, or association a (14) Clauses (i)(II) and (ii)(II) of section gally adopted child of an individual, any tax in an amount equal to the greater of— 56(d)(1)(A) are each amended by striking child who is lawfully placed with an indi- ‘‘(I) $50,000, or ‘‘such deduction’’ and inserting ‘‘such deduc- vidual for legal adoption by the individual, ‘‘(II) the amount determined (pursuant to tion and the deduction under section 199’’. and any eligible foster child of an individual regulations promulgated by the Secretary) (15) Clause (i) of section 163(j)(6)(A) is (within the meaning of section 152(f)(1)(C)), by multiplying the net income generated by amended by striking ‘‘and’’ at the end of sub- shall be treated as a child of such individual the assets described in the schedule specified clause (II), by redesignating subclause (III) by blood.’’. in subparagraph (A)(i) for the period speci- as subclause (IV), and by inserting after sub- (c) AMENDMENT RELATED TO SECTION 235 OF fied in clause (ii) by the highest rate of tax clause (II) the following new subclause: THE ACT.—Subsection (b) of section 235 of the specified in section 11. ‘‘(III) any deduction allowable under sec- American Jobs Creation Act of 2004 is ‘‘(ii) PERIOD.—For purposes of clause (i)(II), tion 199, and’’. amended by striking ‘‘taxable years begin- the period described in this clause is the pe- (16) Paragraph (2) of section 170(b) is ning’’ and inserting ‘‘transfers’’. riod beginning on the first date that the fail- amended by redesignating subparagraphs (C) (d) AMENDMENTS RELATED TO SECTION 243 ure to satisfy the requirements of such para- and (D) as subparagraphs (D) and (E), respec- OF THE ACT.— graph (4) occurs as a result of the ownership

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00181 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.196 S16DEPT1 S13870 CONGRESSIONAL RECORD — SENATE December 16, 2005 of such assets and ending on the earlier of ‘‘(D) The amendment made by paragraph (D) Paragraph (3) of section 1355(d) is the date on which the trust disposes of such (4) of subsection (f) shall apply to taxable amended to read as follows: assets or the end of the first quarter when years ending after the date of the enactment ‘‘(3) the extent of a partner’s ownership, there is no longer a failure to satisfy such of this Act. charter, or operating agreement interest in paragraph (4). ‘‘(E) The amendments made by paragraph any vessel operated by the partnership shall ‘‘(iii) ADMINISTRATIVE PROVISIONS.—For (5) of subsection (f) shall apply to statements be determined on the basis of the partner’s purposes of subtitle F, the taxes imposed by filed after the date of the enactment of this interest in the partnership.’’. this subparagraph shall be treated as excise Act.’’. (2) Paragraph (3) of section 1355(c) is taxes with respect to which the deficiency (e) AMENDMENTS RELATED TO SECTION 244 amended by striking ‘‘determined—’’ and all procedures of such subtitle apply.’’. OF THE ACT.— that follows and inserting ‘‘determined by (2) Subsection (m) of section 856 is amend- (1) Paragraph (2) of section 181(d) is amend- treating all members of such group as 1 per- ed by adding at the end the following new ed by striking the last sentence in subpara- son.’’ paragraph: graph (A), by redesignating subparagraph (B) (3) Subsection (c) of section 1356 is amend- ‘‘(6) TRANSITION RULE.— as subparagraph (C), and by inserting after ed— ‘‘(A) IN GENERAL.—Notwithstanding para- subparagraph (A) the following new subpara- (A) by striking paragraph (3), and graph (2)(C), securities held by a trust shall graph: (B) by adding at the end of paragraph (2) not be considered securities held by the trust ‘‘(B) SPECIAL RULES FOR TELEVISION SE- the following new flush sentence: for purposes of subsection (c)(4)(B)(iii)(III) RIES.—In the case of a television series— ‘‘Such term shall not include any core during any period beginning on or before Oc- ‘‘(i) each episode of such series shall be qualifying activities.’’. tober 22, 2004, if such securities— treated as a separate production, and (4) The last sentence of section 1354(b) is ‘‘(i) are held by such trust continuously ‘‘(ii) only the first 44 episodes of such se- amended by inserting ‘‘on or’’ after ‘‘only if during such period, and ries shall be taken into account.’’. made’’. ‘‘(ii) would not be taken into account for (2) Subparagraph (C) of section 1245(a)(2) is (h) AMENDMENT RELATED TO SECTION 314 OF purposes of such subsection by reason of amended by inserting ‘‘181,’’ after ‘‘179B,’’. THE ACT.—Paragraph (2) of section 55(c) is (f) AMENDMENTS RELATED TO SECTION 245 OF paragraph (7)(C) of subsection (c) (as in effect amended by striking ‘‘regular tax’’ and in- THE ACT.— on October 22, 2004) if the amendments made serting ‘‘regular tax liability’’. (1) Subsection (b) of section 45G is amended (i) AMENDMENTS RELATED TO SECTION 322 OF by section 243 of the American Jobs Creation to read as follows: THE ACT.— Act of 2004 had never been enacted. ‘‘(b) LIMITATION.— (1)(A) Subparagraph (B) of section 194(b)(1) ‘‘(B) RULE NOT TO APPLY TO SECURITIES ‘‘(1) IN GENERAL.—The credit allowed under is amended to read as follows: HELD AFTER MATURITY DATE.—Subparagraph subsection (a) for any taxable year shall not ‘‘(B) DOLLAR LIMITATION.—The aggregate (A) shall not apply with respect to any secu- exceed the product of— amount of reforestation expenditures which rity after the later of October 22, 2004, or the ‘‘(A) $3,500, multiplied by may be taken into account under subpara- latest maturity date under the contract (as ‘‘(B) the sum of— graph (A) with respect to each qualified tim- in effect on October 22, 2004) taking into ac- ‘‘(i) the number of miles of railroad track ber property for any taxable year shall not count any renewal or extension permitted owned or leased by the eligible taxpayer as exceed— under the contract if such renewal or exten- of the close of the taxable year, and ‘‘(i) except as provided in clause (ii) or (iii), sion does not significantly modify any other ‘‘(ii) the number of miles of railroad track $10,000, terms of the contract. assigned for purposes of this subsection to ‘‘(ii) in the case of a separate return by a ‘‘(C) SUCCESSORS.—If the successor of a the eligible taxpayer by a Class II or Class married individual (as defined in section trust to which this paragraph applies ac- III railroad which owns or leases such rail- 7703), $5,000, and quires securities in a transaction to which road track as of the close of the taxable ‘‘(iii) in the case of a trust, zero.’’. section 381 applies, such trusts shall be year. (B) Paragraph (4) of section 194(c) is treated as a single entity for purposes of de- ‘‘(2) ASSIGNMENTS.—With respect to any as- amended to read as follows: termining the holding period of such securi- signment of a mile of railroad track under ‘‘(4) TREATMENT OF TRUSTS AND ESTATES.— ties under subparagraph (A).’’. paragraph (1)(B)(ii)— The aggregate amount of reforestation ex- (3) Subparagraph (E) of section 857(b)(2) is ‘‘(A) such assignment may be made only penditures incurred by any trust or estate amended by striking ‘‘section once per taxable year of the Class II or Class shall be apportioned between the income 856(c)(7)(B)(iii), and section 856(g)(1).’’ and in- III railroad and shall be treated as made as beneficiaries and the fiduciary under regula- serting ‘‘section 856(c)(7)(C), and section of the close of such taxable year, tions prescribed by the Secretary. Any 856(g)(5)’’. ‘‘(B) such mile may not be taken into ac- amount so apportioned to a beneficiary shall (4) Subsection (g) of section 243 of the count under this section by such railroad for be taken into account as expenditures in- American Jobs Creation Act of 2004 is such taxable year, and curred by such beneficiary in applying this amended to read as follows: ‘‘(C) such assignment shall be taken into section to such beneficiary.’’. ‘‘(g) EFFECTIVE DATES.— account for the taxable year of the assignee (2) Subparagraph (C) of section 1245(a)(2) is ‘‘(1) SUBSECTIONS (a) AND (b).—The amend- which includes the date that such assign- amended by striking ‘‘or 193’’ and inserting ments made by subsections (a) and (b) shall ment is treated as effective.’’. ‘‘193, or 194’’. apply to taxable years beginning after De- (2) Paragraph (2) of section 45G(c) is (j) AMENDMENTS RELATED TO SECTION 336 OF cember 31, 2000. amended to read as follows: THE ACT.— ‘‘(2) SUBSECTIONS (c) AND (e).—The amend- ‘‘(2) any person who transports property (1) Clause (iv) of section 168(k)(2)(A) is ments made by subsections (c) and (e) shall using the rail facilities of a Class II or Class amended by striking ‘‘subparagraphs (B) and apply to taxable years beginning after the III railroad or who furnishes railroad-related (C)’’ and inserting ‘‘subparagraph (B) or (C)’’. date of the enactment of this Act. property or services to a Class II or Class III (2) Clause (iii) of section 168(k)(4)(B) is ‘‘(3) SUBSECTION (d).—The amendment railroad, but only with respect to miles of amended by striking ‘‘and paragraph (2)(C)’’ made by subsection (d) shall apply to trans- railroad track assigned to such person by and inserting ‘‘or paragraph (2)(C) (as so actions entered into after December 31, 2004. such Class II or Class III railroad for pur- modified)’’. ‘‘(4) SUBSECTION (f).— poses of subsection (b).’’. (k) AMENDMENT RELATED TO SECTION 402 OF ‘‘(A) The amendment made by paragraph (g) AMENDMENTS RELATED TO SECTION 248 THE ACT.—Paragraph (2) of section 904(g) is (1) of subsection (f) shall apply to failures OF THE ACT.— amended to read as follows: with respect to which the requirements of (1)(A) Subsection (d) of section 1353 is ‘‘(2) OVERALL DOMESTIC LOSS.—For pur- subparagraph (A) or (B) of section 856(c)(7) of amended by striking ‘‘ownership and charter poses of this subsection— the Internal Revenue Code of 1986 (as added interests’’ and inserting ‘‘ownership, charter, ‘‘(A) IN GENERAL.—The term ‘overall do- by such paragraph) are satisfied after the and operating agreement interests’’. mestic loss’ means— date of the enactment of this Act. (B) Subsection (a) of section 1355 is amend- ‘‘(i) with respect to any qualified taxable ‘‘(B) The amendment made by paragraph ed by striking paragraph (8). year, the domestic loss for such taxable year (2) of subsection (f) shall apply to failures (C) Paragraph (1) of section 1355(b) is to the extent such loss offsets taxable in- with respect to which the requirements of amended to read as follows: come from sources without the United paragraph (6) of section 856(c) of the Internal ‘‘(1) IN GENERAL.—Except as provided in States for the taxable year or for any pre- Revenue Code of 1986 (as amended by such paragraph (2), a person is treated as oper- ceding qualified taxable year by reason of a paragraph) are satisfied after the date of the ating any vessel during any period if— carryback, and enactment of this Act. ‘‘(A)(i) such vessel is owned by, or char- ‘‘(ii) with respect to any other taxable ‘‘(C) The amendments made by paragraph tered (including a time charter) to, the per- year, the domestic loss for such taxable year (3) of subsection (f) shall apply to failures son, or to the extent such loss offsets taxable in- with respect to which the requirements of ‘‘(ii) the person provides services for such come from sources without the United paragraph (5) of section 856(g) of the Internal vessel pursuant to an operating agreement, States for any preceding qualified taxable Revenue Code of 1986 (as added by such para- and year by reason of a carryback. graph) are satisfied after the date of the en- ‘‘(B) such vessel is in use as a qualifying ‘‘(B) DOMESTIC LOSS.—For purposes of sub- actment of this Act. vessel during such period.’’. paragraph (A), the term ‘domestic loss’

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.196 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13871 means the amount by which the gross in- ‘‘(1) any distribution by a real estate in- (1) Subparagraph (A) of section 164(b)(5) is come for the taxable year from sources with- vestment trust which is treated as a deduc- amended to read as follows: in the United States is exceeded by the sum tion for a taxable year of such trust begin- ‘‘(A) ELECTION TO DEDUCT STATE AND LOCAL of the deductions properly apportioned or al- ning after the date of the enactment of this SALES TAXES IN LIEU OF STATE AND LOCAL IN- located thereto (determined without regard Act, and COME TAXES.—At the election of the taxpayer to any carryback from a subsequent taxable ‘‘(2) any distribution by a real estate infor the taxable year, subsection (a) shall be year). vestment trust made after such date which is applied— ‘‘(C) QUALIFIED TAXABLE YEAR.—For pur- treated as a deduction under section 860 for ‘‘(i) without regard to the reference to poses of subparagraph (A), the term ‘quali- a taxable year of such trust beginning on or State and local income taxes, and fied taxable year’ means any taxable year for before such date.’’. ‘‘(ii) as if State and local general sales which the taxpayer chose the benefits of this (q) AMENDMENTS RELATED TO SECTION 422 taxes were referred to in a paragraph there- subpart.’’. OF THE ACT.— of.’’. (l) AMENDMENT RELATED TO SECTION 403 OF (1) Subparagraph (B) of section 965(a)(2) is (2) Clause (ii) of section 56(b)(1)(A) is THE ACT.—Section 403 of the American Jobs amended by inserting ‘‘from another con- amended by inserting ‘‘or clause (ii) of sec- Creation Act of 2004 is amended by adding at trolled foreign corporation in such chain of tion 164(b)(5)(A)’’ before the period at the the end the following new subsection: ownership’’ before ‘‘, but only to the extent’’. end. ‘‘(d) TRANSITION RULE.—If the taxpayer (2) Subparagraph (A) of section 965(b)(2) is (s) AMENDMENTS RELATED TO SECTION 708 elects (at such time and in such form and amended by inserting ‘‘cash’’ before ‘‘divi- OF THE ACT.—Section 708 of the American manner as the Secretary of the Treasury dends’’. Jobs Creation Act of 2004 is amended— may prescribe) to have the rules of this sub- (3) Paragraph (3) of section 965(b) is amend- (1) in subsection (a), by striking ‘‘contract section apply— ed by adding at the end the following: ‘‘The commencement date’’ and inserting ‘‘con- ‘‘(1) the amendments made by this section Secretary may prescribe such regulations as struction commencement date’’, and shall not apply to taxable years beginning may be necessary or appropriate to prevent (2) by redesignating subsection (d) as sub- after December 31, 2002, and before January the avoidance of the purposes of this para- section (e) and inserting after subsection (c) 1, 2005, and graph, including regulations which provide the following new subsection: ‘‘(2) in the case of taxable years beginning that cash dividends shall not be taken into ‘‘(d) CERTAIN ADJUSTMENTS NOT TO after December 31, 2004, clause (iv) of section account under subsection (a) to the extent APPLY.—Section 481 of the Internal Revenue 904(d)(4)(C) of the Internal Revenue Code of such dividends are attributable to the direct Code of 1986 shall not apply with respect to 1986 (as amended by this section) shall be ap- or indirect transfer (including through the any change in the method of accounting plied by substituting ‘January 1, 2005’ for use of intervening entities or capital con- which is required by this section.’’. (t) AMENDMENT RELATED TO SECTION 710 OF ‘January 1, 2003’ both places it appears.’’. tributions) of cash or other property from a THE ACT.—Clause (i) of section 45(c)(7)(A) is (m) AMENDMENT RELATED TO SECTION 412 OF related person (as so defined) to a controlled amended by striking ‘‘synthetic’’. THE ACT.—Subparagraph (B) of section foreign corporation.’’. (u) AMENDMENT RELATED TO SECTION 801 OF 954(c)(4) is amended by adding at the end the (4) Paragraph (1) of section 965(c) is amended to read as follows: THE ACT.—Paragraph (3) of section 7874(a) is following: ‘‘If a controlled foreign corpora- amended to read as follows: tion is treated as owning a capital or profits ‘‘(1) APPLICABLE FINANCIAL STATEMENT.— The term ‘applicable financial statement’ ‘‘(3) COORDINATION WITH SUBSECTION (b).—A interest in a partnership under constructive corporation which is treated as a domestic ownership rules similar to the rules of sec- means— ‘‘(A) with respect to a United States share- corporation under subsection (b) shall not be tion 958(b), the controlled foreign corpora- treated as a surrogate foreign corporation tion shall be treated as owning such interest holder which is required to file a financial statement with the Securities and Exchange for purposes of paragraph (2)(A).’’. directly for purposes of this subparagraph.’’. (v) AMENDMENTS RELATED TO SECTION 804 Commission (or which is included in such a (n) AMENDMENTS RELATED TO SECTION 413 OF THE ACT.— statement so filed by another person), the OF THE ACT.— (1) Subparagraph (C) of section 877(g)(2) is most recent audited annual financial state- (1) Subsection (b) of section 532 is amended amended by striking ‘‘section ment (including the notes which form an in- by striking paragraph (2) and redesignating 7701(b)(3)(D)(ii)’’ and inserting ‘‘section tegral part of such statement) of such share- paragraphs (3) and (4) as paragraphs (2) and 7701(b)(3)(D)’’. holder (or which includes such shareholder)— (3), respectively. (2) Subsection (n) of section 7701 is amend- ‘‘(i) which was so filed on or before June 30, (2) Subsection (b) of section 535 is amended ed to read as follows: by adding at the end the following new para- 2003, and ‘‘(n) SPECIAL RULES FOR DETERMINING graph: ‘‘(ii) which was certified on or before June WHEN AN INDIVIDUAL IS NO LONGER A UNITED ‘‘(10) CONTROLLED FOREIGN CORPORATIONS.— 30, 2003, as being prepared in accordance with STATES CITIZEN OR LONG-TERM RESIDENT.— There shall be allowed as a deduction the generally accepted accounting principles, For purposes of this chapter— amount of the corporation’s income for the and ‘‘(1) UNITED STATES CITIZENS.—An indi- taxable year which is included in the gross ‘‘(B) with respect to any other United vidual who would (but for this paragraph) income of a United States shareholder under States shareholder, the most recent audited cease to be treated as a citizen of the United section 951(a). In the case of any corporation financial statement (including the notes States shall continue to be treated as a cit- the accumulated taxable income of which which form an integral part of such state- izen of the United States until such indi- would (but for this sentence) be determined ment) of such shareholder (or which includes vidual— without allowance of any deductions, the de- such shareholder)— ‘‘(A) gives notice of an expatriating act duction under this paragraph shall be al- ‘‘(i) which was certified on or before June (with the requisite intent to relinquish citi- lowed and shall be appropriately adjusted to 30, 2003, as being prepared in accordance with zenship) to the Secretary of State, and take into account any deductions which re- generally accepted accounting principles, ‘‘(B) provides a statement in accordance duced such inclusion.’’. and with section 6039G (if such a statement is (3)(A) Section 6683 is repealed. ‘‘(ii) which is used for the purposes of a otherwise required). (B) The table of sections for part I of sub- statement or report— ‘‘(2) LONG-TERM RESIDENTS.—A long-term chapter B of chapter 68 is amended by strik- ‘‘(I) to creditors, resident (as defined in section 877(e)(2)) who ing the item relating to section 6683. ‘‘(II) to shareholders, or would (but for this paragraph) be described (o) AMENDMENT RELATED TO SECTION 415 OF ‘‘(III) for any other substantial nontax pur- in section 877(e)(1) shall be treated as a law- THE ACT.—Subparagraph (D) of section pose.’’. ful permanent resident of the United States 904(d)(2) is amended by inserting ‘‘as in effect (5) Paragraph (2) of section 965(d) is amend- and as not described in section 877(e)(1) until before its repeal’’ after ‘‘section 954(f)’’. ed by striking ‘‘properly allocated and appor- such individual— (p) AMENDMENTS RELATED TO SECTION 418 tioned’’ and inserting ‘‘directly allocable’’. ‘‘(A) gives notice of termination of resi- OF THE ACT.— (6) Subsection (d) of section 965 is amended dency (with the requisite intent to terminate (1) The second sentence of section 897(h)(1) by adding at the end the following new para- residency) to the Secretary of Homeland Se- is amended— graph: curity, and (A) by striking ‘‘any distribution’’ and all ‘‘(4) COORDINATION WITH SECTION 78.—Sec- ‘‘(B) provides a statement in accordance that follows through ‘‘any class of stock’’ tion 78 shall not apply to any tax which is with section 6039G (if such a statement is and inserting ‘‘any distribution by a real es- not allowable as a credit under section 901 by otherwise required).’’. tate investment trust with respect to any reason of this subsection.’’. (w) AMENDMENT RELATED TO SECTION 811 OF class of stock’’, and (7) The last sentence of section 965(e)(1) is THE ACT.—Subsection (c) of section 811 of the (B) by striking ‘‘the taxable year’’ and in- amended by inserting ‘‘which are imposed by American Jobs Creation Act of 2004 is serting ‘‘the 1-year period ending on the date foreign countries and possessions of the amended by inserting ‘‘and which were not of the distribution’’. United States and are’’ after ‘‘taxes’’. filed before such date’’ before the period at (2) Subsection (c) of section 418 of the (8) Subsection (f) of section 965 is amended the end. American Jobs Creation Act of 2004 is by inserting ‘‘on or’’ before ‘‘before the due (x) AMENDMENTS RELATED TO SECTION 812 amended to read as follows: date’’. OF THE ACT.— ‘‘(c) EFFECTIVE DATE.—The amendments (r) AMENDMENTS RELATED TO SECTION 501 (1) Subsection (b) of section 6662 is amend- made by this section shall apply to— OF THE ACT.— ed by adding at the end the following new

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00183 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.196 S16DEPT1 S13872 CONGRESSIONAL RECORD — SENATE December 16, 2005

sentence: ‘‘Except as provided in paragraph ‘‘For purposes of subparagraph (A), any obli- (hh) AMENDMENTS RELATED TO SECTION 885 (1) or (2)(B) of section 6662A(e), this section gation secured by stock held by a person as OF THE ACT.— shall not apply to the portion of any under- a tenant-stockholder (as defined in section (1) Paragraph (2) of section 26(b) is amend- payment which is attributable to a report- 216) in a cooperative housing corporation (as ed by striking ‘‘and’’ at the end of subpara- able transaction understatement on which a so defined) shall be treated as secured by an graph (R), by striking the period at the end penalty is imposed under section 6662A.’’ interest in real property. For purposes of of subparagraph (S) and inserting ‘‘, and’’, (2) Paragraph (2) of section 6662A(e) is subparagraph (A), any obligation originated and by adding at the end the following new amended to read as follows: by the United States or any State (or any po- subparagraph: ‘‘(2) COORDINATION WITH OTHER PENALTIES.— litical subdivision, agency, or instrumen- ‘‘(T) subsections (a)(1)(B)(i) and (b)(4)(A) of ‘‘(A) COORDINATION WITH FRAUD PENALTY.— tality of the United States or any State) section 409A (relating to interest and addi- This section shall not apply to any portion shall be treated as principally secured by an tional tax with respect to certain deferred of an understatement on which a penalty is interest in real property if more than 50 per- compensation).’’. imposed under section 6663. cent of such obligations which are trans- (2) Clause (ii) of section 409A(a)(4)(C) is ‘‘(B) COORDINATION WITH GROSS VALUATION ferred to, or purchased by, the REMIC are amended by striking ‘‘first’’. MISSTATEMENT PENALTY.—This section shall principally secured by an interest in real (3)(A) Notwithstanding section 885(d)(1) of not apply to any portion of an understate- property (determined without regard to this the American Jobs Creation Act of 2004, sub- ment on which a penalty is imposed under sentence).’’. section (b) of section 409A of the Internal section 6662 if the rate of the penalty is de- (dd) AMENDMENTS RELATED TO SECTION 836 Revenue Code of 1986 shall take effect on termined under section 6662(h).’’. OF THE ACT.— January 1, 2005. (3) Subsection (f) of section 812 of the (1) Paragraph (1) of section 334(b) is amend- (B) Not later than 90 days after the date of American Jobs Creation Act of 2004 is ed by striking ‘‘except that’’ and all that fol- the enactment of this Act, the Secretary of amended to read as follows: lows and inserting ‘‘except that, in the hands the Treasury shall issue guidance under ‘‘(f) EFFECTIVE DATES.— of such distributee— which a nonqualified deferred compensation ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) the basis of such property shall be the plan which is in violation of the require- paragraph (2), the amendments made by this fair market value of the property at the time ments of section 409A(b) of such Code shall section shall apply to taxable years ending of the distribution in any case in which gain be treated as not having violated such re- after the date of the enactment of this Act. or loss is recognized by the liquidating cor- quirements if such plan comes into conform- ‘‘(2) DISQUALIFIED OPINIONS.—Section poration with respect to such property, and ance with such requirements during such 6664(d)(3)(B) of the Internal Revenue Code of ‘‘(B) the basis of any property described in limited period as the Secretary may specify 1986 (as added by subsection (c)) shall not section 362(e)(1)(B) shall be the fair market in such guidance. apply to the opinion of a tax advisor if— value of the property at the time of the dis- (4) Subsection (f) of section 885 of the ‘‘(A) the opinion was provided to the tax- tribution in any case in which such American Jobs Creation Act of 2004 is payer before the date of the enactment of distributee’s aggregate adjusted basis of such amended by striking ‘‘December 31, 2004’’ the this Act, property would (but for this subparagraph) first place it appears and inserting ‘‘January ‘‘(B) the opinion relates to one or more exceed the fair market value of such prop- 1, 2005’’. transactions all of which were entered into erty immediately after such liquidation.’’. (ii) AMENDMENT RELATED TO SECTION 888 OF before such date, and (2) Clause (ii) of section 362(e)(2)(C) is THE ACT.—Paragraph (2) of section 1092(a) is ‘‘(C) the tax treatment of items relating to amended to read as follows: amended by striking the last sentence and each such transaction was included on a re- ‘‘(ii) ELECTION.—Any election under clause adding at the end the following new subpara- turn or statement filed by the taxpayer be- (i) shall be made at such time and in such graph: fore such date.’’. form and manner as the Secretary may pre- ‘‘(C) REGULATIONS.—The Secretary shall (y) AMENDMENT RELATED TO SECTION 814 OF scribe, and, once made, shall be irrev- prescribe such regulations or other guidance THE ACT.—Subparagraph (B) of section ocable.’’. as may be necessary or appropriate to carry 6501(c)(10) is amended by striking ‘‘(as de- (ee) AMENDMENT RELATED TO SECTION 840 out the purposes of this paragraph. Such reg- fined in section 6111)’’. OF THE ACT.—Subsection (d) of section 121 is ulations or other guidance may specify the (z) AMENDMENT RELATED TO SECTION 815 OF amended— proper methods for clearly identifying a THE ACT.—Paragraph (1) of section 6112(b) is (1) by redesignating the paragraph (10) re- straddle as an identified straddle (and for amended by inserting ‘‘(or was required to lating to property acquired from a decedent identifying the positions comprising such maintain a list under subsection (a) as in ef- as paragraph (11) and by moving such para- straddle), the rules for the application of this fect before the enactment of the American graph to the end of such subsection, and section to a taxpayer which fails to comply Jobs Creation Act of 2004)’’ after ‘‘a list (2) by amending the paragraph (10) relating with those identification requirements, and under subsection (a)’’. to property acquired in like-kind exchange the ordering rules in cases where a taxpayer (aa) AMENDMENTS RELATED TO SECTION 832 to read as follows: disposes (or otherwise ceases to be the hold- OF THE ACT.— ‘‘(10) PROPERTY ACQUIRED IN LIKE-KIND EX- er) of any part of any position which is part (1) Subsection (e) of section 853 is amended CHANGE.—If a taxpayer acquires property in of an identified straddle.’’. to read as follows: an exchange with respect to which gain is (jj) AMENDMENTS RELATED TO SECTION 898 ‘‘(e) TREATMENT OF CERTAIN TAXES NOT AL- not recognized (in whole or in part) to the OF THE ACT.— LOWED AS A CREDIT UNDER SECTION 901.—This (1) Paragraph (3) of section 361(b) is amend- section shall not apply to any tax with re- taxpayer under subsection (a) or (b) of section 1031, subsection (a) shall not apply to ed by inserting ‘‘(reduced by the amount of spect to which the regulated investment the liabilities assumed (within the meaning company is not allowed a credit under sec- the sale or exchange of such property by such taxpayer (or by any person whose basis of section 357(c)))’’ before the period at the tion 901 by reason of subsection (k) or (l) of end. such section.’’. in such property is determined, in whole or in part, by reference to the basis in the (2) Paragraph (1) of section 357(d) is amend- (2) Clause (i) of section 901(l)(2)(C) is ed by inserting ‘‘section 361(b)(3),’’ after amended by striking ‘‘if such security were hands of such taxpayer) during the 5-year period beginning with the date of such acquisi- ‘‘section 358(h),’’. stock’’. (kk) AMENDMENT RELATED TO SECTION 899 tion.’’. (bb) AMENDMENTS RELATED TO SECTION 833 OF THE ACT.—Subparagraph (A) of section OF THE ACT.— (ff) AMENDMENT RELATED TO SECTION 849 OF 351(g)(3) is amended by adding at the end the (1) Subsection (a) of section 734 is amended THE ACT.—Subsection (a) of section 849 of the following: ‘‘If there is not a real and mean- by inserting ‘‘with respect to such distribu- American Jobs Creation Act of 2004 is ingful likelihood that dividends beyond any tion’’ before the period at the end. amended by inserting ‘‘, and in the case of limitation or preference will actually be (2) So much of subsection (b) of section 734 property treated as tax-exempt use property paid, the possibility of such payments will be as precedes paragraph (1) is amended to read other than by reason of a lease, to property disregarded in determining whether stock is as follows: acquired after March 12, 2004’’ before the pe- limited and preferred as to dividends.’’. ‘‘(b) METHOD OF ADJUSTMENT.—In the case riod at the end. (ll) AMENDMENT RELATED TO SECTION 902 OF of a distribution of property to a partner by (gg) AMENDMENT RELATED TO SECTION 884 THE ACT.—Paragraph (1) of section 709(b) is a partnership with respect to which the elec- OF THE ACT.—Subparagraph (B) of section amended by striking ‘‘taxpayer’’ both places tion provided in section 754 is in effect or 170(f)(12) is amended by adding at the end the it appears and inserting ‘‘partnership’’. with respect to which there is a substantial following new clauses: (mm) AMENDMENTS RELATED TO SECTION 907 basis reduction, the partnership shall—’’. ‘‘(v) Whether the donee organization pro- OF THE ACT.—Clause (ii) of section (cc) AMENDMENT RELATED TO SECTION 835 vided any goods or services in consideration, 274(e)(2)(B) is amended— OF THE ACT.—Paragraph (3) of section 860G(a) in whole or in part, for the qualified vehicle. (1) in subclause (I), by inserting ‘‘or a re- is amended— ‘‘(vi) A description and good faith estimate lated party to the taxpayer’’ after ‘‘the tax- (1) in subparagraph (A)(iii)(I), by striking of the value of any goods or services referred payer’’, ‘‘the obligation’’ and inserting ‘‘a reverse to in clause (v) or, if such goods or services (2) in subclause (II), by inserting ‘‘(or such mortgage loan or other obligation’’, and consist solely of intangible religious benefits related party)’’ after ‘‘the taxpayer’’, and (2) by striking all that follows subpara- (as defined in paragraph (8)(B)), a statement (3) by adding at the end the following new graph (C) and inserting the following: to that effect.’’. flush sentence:

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00184 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.197 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13873

‘‘For purposes of this clause, a person is a re- ‘‘(A) CUSTODIAL PARENT.—The term ‘custo- (b) AMENDMENT RELATED TO SECTION 632 OF lated party with respect to another person if dial parent’ means the parent having cus- THE ACT.—Subparagraph (C) of section such person bears a relationship to such tody for the greater portion of the calendar 415(c)(7) is amended by striking ‘‘the greater other person described in section 267(b) or year. of $3,000’’ and all that follows and inserting 707(b).’’. ‘‘(B) NONCUSTODIAL PARENT.—The term ‘‘$3,000. This subparagraph shall not apply (nn) EFFECTIVE DATE.—The amendments ‘noncustodial parent’ means the parent who with respect to any taxable year to any indi- made by this section shall take effect as if is not the custodial parent. vidual whose adjusted gross income for such included in the provisions of the American ‘‘(5) EXCEPTION FOR MULTIPLE-SUPPORT taxable year (determined separately and Jobs Creation Act of 2004 to which they re- AGREEMENT.—This subsection shall not apply without regard to community property laws) late. in any case where over one-half of the sup- exceeds $17,000.’’. SEC. 404. AMENDMENTS RELATED TO THE WORK- port of the child is treated as having been re- (c) EFFECTIVE DATE.—The amendments ING FAMILIES TAX RELIEF ACT OF ceived from a taxpayer under the provision made by this section shall take effect as if 2004. of subsection (d)(3). included in the provisions of the Economic (a) AMENDMENT RELATED TO SECTION 201 OF ‘‘(6) SPECIAL RULE FOR SUPPORT RECEIVED Growth and Tax Relief Reconciliation Act of THE ACT.—Subsection (e) of section 152 is FROM NEW SPOUSE OF PARENT.—For purposes 2001 to which they relate. amended to read as follows: of this subsection, in the case of the remar- ‘‘(e) SPECIAL RULE FOR DIVORCED PARENTS, SEC. 408. AMENDMENTS RELATED TO THE INTER- ETC.— riage of a parent, support of a child received NAL REVENUE SERVICE RESTRUC- TURING AND REFORM ACT OF 1998. ‘‘(1) IN GENERAL.—Notwithstanding sub- from the parent’s spouse shall be treated as section (c)(1)(B), (c)(4), or (d)(1)(C), if— received from the parent.’’. (a) AMENDMENTS RELATED TO SECTION 3415 ‘‘(A) a child receives over one-half of the (b) AMENDMENT RELATED TO SECTION 203 OF OF THE ACT.— child’s support during the calendar year THE ACT.—Subparagraph (B) of section (1) Paragraph (2) of section 7609(c) is 21(b)(1) is amended by inserting ‘‘(as defined from the child’s parents— amended by inserting ‘‘or’’ at the end of sub- in section 152, determined without regard to ‘‘(i) who are divorced or legally separated paragraph (D), by striking ‘‘; or’’ at the end subsections (b)(1), (b)(2), and (d)(1)(B))’’ after under a decree of divorce or separate mainte- of subparagraph (E) and inserting a period, ‘‘dependent of the taxpayer’’. nance, and by striking subparagraph (F). (c) AMENDMENT RELATED TO SECTION 207 OF ‘‘(ii) who are separated under a written (2) Subsection (c) of section 7609 is amend- THE ACT.—Subparagraph (A) of section ed by redesignating paragraph (3) as para- separation agreement, or 223(d)(2) is amended by inserting ‘‘, deter- ‘‘(iii) who live apart at all times during the graph (4) and by inserting after paragraph (2) mined without regard to subsections (b)(1), the following new paragraph: last 6 months of the calendar year, and— (b)(2), and (d)(1)(B) thereof’’ after ‘‘section ‘‘(3) JOHN DOE AND CERTAIN OTHER SUM- ‘‘(B) such child is in the custody of 1 or 152’’. MONSES.—Subsection (a) shall not apply to both of the child’s parents for more than (d) EFFECTIVE DATE.—The amendments any summons described in subsection (f) or one-half of the calendar year, such child made by this section shall take effect as if shall be treated as being the qualifying child included in the provisions of the Working (g).’’. or qualifying relative of the noncustodial Families Tax Relief Act of 2004 to which they (b) EFFECTIVE DATE.—The amendments parent for a calendar year if the require- relate. made by this section shall take effect as if included in section 3415 of the Internal Rev- ments described in paragraph (2) or (3) are SEC. 405. AMENDMENTS RELATED TO THE JOBS met. AND GROWTH TAX RELIEF REC- enue Service Restructuring and Reform Act ‘‘(2) EXCEPTION WHERE CUSTODIAL PARENT ONCILIATION ACT OF 2003. of 1998. RELEASES CLAIM TO EXEMPTION FOR THE (a) AMENDMENTS RELATED TO SECTION 201 SEC. 409. AMENDMENTS RELATED TO THE TAX- YEAR.—For purposes of paragraph (1), the re- OF THE ACT.— PAYER RELIEF ACT OF 1997. quirements described in this paragraph are (1) Clause (ii) of section 168(k)(4)(B) is (a) AMENDMENTS RELATED TO SECTION 1055 met with respect to any calendar year if— amended to read as follows: OF THE ACT.— ‘‘(A) the custodial parent signs a written ‘‘(ii) which is— (1) The last sentence of section 6411(a) is declaration (in such manner and form as the ‘‘(I) acquired by the taxpayer after May 5, amended by striking ‘‘6611(f)(3)(B)’’ and in- Secretary may by regulations prescribe) that 2003, and before January 1, 2005, but only if serting ‘‘6611(f)(4)(B)’’. such custodial parent will not claim such no written binding contract for the acquisi- (2) Paragraph (4) of section 6601(d) is child as a dependent for any taxable year be- tion was in effect before May 6, 2003, or amended by striking ‘‘6611(f)(3)(A)’’ and in- ginning in such calendar year, and ‘‘(II) acquired by the taxpayer pursuant to serting ‘‘6611(f)(4)(A)’’. ‘‘(B) the noncustodial parent attaches such a written binding contract which was en- (b) AMENDMENT RELATED TO SECTION 1112 written declaration to the noncustodial par- tered into after May 5, 2003, and before Janu- OF THE ACT.—Subsection (c) of section 961 is ent’s return for the taxable year beginning ary 1, 2005, and’’. amended to read as follows: during such calendar year. (2) Subparagraph (D) of section 1400L(b)(2) ‘‘(c) BASIS ADJUSTMENTS IN STOCK HELD BY ‘‘(3) EXCEPTION FOR CERTAIN PRE-1985 IN- is amended by striking ‘‘September 11, 2004’’ FOREIGN CORPORATIONS.—Under regulations STRUMENTS.— and inserting ‘‘January 1, 2005’’. prescribed by the Secretary, if a United ‘‘(A) IN GENERAL .—For purposes of para- (b) EFFECTIVE DATE.—The amendments States shareholder is treated under section graph (1), the requirements described in this made by this section shall take effect as if 958(a)(2) as owning stock in a controlled for- paragraph are met with respect to any cal- included in section 201 of the Jobs and eign corporation which is owned by another endar year if— Growth Tax Relief and Reconciliation Act of controlled foreign corporation, then adjust- ‘‘(i) a qualified pre-1985 instrument be- 2003. ments similar to the adjustments provided tween the parents applicable to the taxable SEC. 406. AMENDMENT RELATED TO THE VICTIMS by subsections (a) and (b) shall be made to— year beginning in such calendar year pro- OF TERRORISM TAX RELIEF ACT OF ‘‘(1) the basis of such stock, and vides that the noncustodial parent shall be 2001. ‘‘(2) the basis of stock in any other con- entitled to any deduction allowable under (a) AMENDMENT RELATED TO SECTION 201 OF trolled foreign corporation by reason of section 151 for such child, and THE ACT.—Paragraph (17) of section 6103(l) is which the United States shareholder is con- ‘‘(ii) the noncustodial parent provides at amended by striking ‘‘subsection (f), (i)(7), or sidered under section 958(a)(2) as owning the least $600 for the support of such child during (p)’’ and inserting ‘‘subsection (f), (i)(8), or stock described in paragraph (1), such calendar year. (p)’’. (b) EFFECTIVE DATE.—The amendment but only for the purposes of determining the For purposes of this subparagraph, amounts made by this section shall take effect as if amount included under section 951 in the expended for the support of a child or chil- included in section 201 of the Victims of Ter- gross income of such United States share- dren shall be treated as received from the rorism Tax Relief Act of 2001. holder (or any other United States share- noncustodial parent to the extent that such SEC. 407. AMENDMENTS RELATED TO THE ECO- holder who acquires from any person any parent provided amounts for such support. NOMIC GROWTH AND TAX RELIEF portion of the interest of such United States ‘‘(B) QUALIFIED PRE-1985 INSTRUMENT.—For RECONCILIATION ACT OF 2001. shareholder by reason of which such share- purposes of this paragraph, the term ‘quali- (a) AMENDMENTS RELATED TO SECTION 617 holder was treated as owning such stock, but fied pre-1985 instrument’ means any decree of OF THE ACT.— only to the extent of such portion, and sub- divorce or separate maintenance or written (1) Clause (ii) of section 402(g)(7)(A) is ject to such proof of identity of such interest agreement— amended to read as follows: as the Secretary may prescribe by regula- ‘‘(i) which is executed before January 1, ‘‘(ii) $15,000 reduced by the sum of— tions). The preceding sentence shall not 1985, ‘‘(I) the amounts not included in gross in- apply with respect to any stock to which a ‘‘(ii) which on such date contains the pro- come for prior taxable years by reason of basis adjustment applies under subsection vision described in subparagraph (A)(i), and this paragraph, plus (a) or (b).’’. ‘‘(iii) which is not modified on or after ‘‘(II) the aggregate amount of designated (c) AMENDMENT RELATED TO SECTION 1144 such date in a modification which expressly Roth contributions (as defined in section OF THE ACT.—Subparagraph (B) of section provides that this paragraph shall not apply 402A(c)) for prior taxable years, or’’. 6038B(a)(1) is amended by inserting ‘‘or’’ at to such decree or agreement. (2) Subparagraph (A) of section 402(g)(1) is the end. ‘‘(4) CUSTODIAL PARENT AND NONCUSTODIAL amended by inserting ‘‘to’’ after ‘‘shall not (d) EFFECTIVE DATE.—The amendments PARENT.—For purposes of this subsection— apply’’. made by this section shall take effect as if

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00185 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.197 S16DEPT1 S13874 CONGRESSIONAL RECORD — SENATE December 16, 2005 included in the provisions of the Taxpayer Alaska natural gas pipeline (as defined in (v) Subparagraph (B) of section 332(d)(1) is Relief Act of 1997 to which they relate. section 168(i)(16) (determined without regard amended by striking ‘‘distribution to which SEC. 410. AMENDMENT RELATED TO THE OMNI- to subparagraph (B) thereof)) which is pro- section 301 applies’’ and inserting ‘‘distribu- BUS BUDGET RECONCILIATION ACT duced from a well— tion of property to which section 301 ap- OF 1990. ‘‘(i) located in the area of the State of plies’’. (a) AMENDMENT RELATED TO SECTION 11813 Alaska lying north of 64 degrees North lati- (w) Subparagraph (B) of section 403(b)(9) is OF THE ACT.—Subclause (I) of section tude, determined by excluding the area of amended by inserting ‘‘or’’ before ‘‘a conven- 168(e)(3)(B)(vi) is amended by striking ‘‘if the Alaska National Wildlife Refuge (includ- tion’’. ‘solar and wind’ were substituted for ‘solar’ ing the continental shelf thereof within the (x)(1) Clause (i) of section 412(m)(4)(B) is in clause (i) thereof’’ and inserting ‘‘if ‘solar meaning of section 638(1)), and amended by striking ‘‘subsection (c)’’ and in- or wind energy’ were substituted for ‘solar ‘‘(ii) pursuant to the applicable State and serting ‘‘subsection (d)’’. energy’ in clause (i) thereof’’. Federal pollution prevention, control, and (2) Clause (i) of section 302(e)(4)(B) of the (b) EFFECTIVE DATE.—The amendment permit requirements from such area (includ- Employee Retirement Income Security Act made by this section shall take effect as if ing the continental shelf thereof within the of 1974 is amended by striking ‘‘subsection included in section 11813 of the Omnibus meaning of section 638(1)). (c)’’ and inserting ‘‘subsection (d)’’. Budget Reconciliation Act of 1990. ‘‘(B) NATURAL GAS.—The term ‘natural gas’ (y) Paragraph (1) of section 415(l) is amend- SEC. 411. AMENDMENT RELATED TO THE OMNI- has the meaning given such term by section ed by striking ‘‘individual medical account’’ BUS BUDGET RECONCILIATION ACT 613A(e)(2).’’. and inserting ‘‘individual medical benefit ac- OF 1987. (j) Subsection (d) of section 45 is amend- count’’. (a) AMENDMENT RELATED TO SECTION 10227 ed— (z) The matter following clause (iv) of sec- OF THE ACT.—Section 1363(d) is amended by (1) in paragraph (8) by striking ‘‘The term’’ tion 415(n)(3)(C) is amended by striking adding at the end the following new para- and inserting ‘‘In the case of a facility that ‘‘clauses’’ and inserting ‘‘clause’’. graph: produces refined coal, the term’’, and (aa) Subparagraph (C) of section 461(i)(3) is ‘‘(5) SPECIAL RULE.—Sections 1367(a)(2)(D) (2) in paragraph (10) by striking ‘‘The amended by striking ‘‘section and 1371(c)(1) shall not apply with respect to term’’ and inserting ‘‘In the case of a facility 6662(d)(2)(C)(iii)’’ and inserting ‘‘section any increase in the tax imposed by reason of that produces Indian coal, the term’’. 6662(d)(2)(C)(ii)’’. this subsection.’’. (k) Paragraph (2) of section 45I(a) is (bb) Paragraph (12) of section 501(c) is (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘qualified credit oil amended— made by this section shall take effect as if production’’ and inserting ‘‘qualified crude (1) by striking ‘‘subparagraph (C)(iii)’’ in included in section 10227 of the Omnibus oil production’’. subparagraph (F) and inserting ‘‘subpara- Budget Reconciliation Act of 1987. (l) Subsection (g) of section 45K, as redesig- graph (C)(iv)’’, and SEC. 412. CLERICAL CORRECTIONS. nated by section 1322 of the Energy Policy (2) by striking ‘‘subparagraph (C)(iv)’’ in (a) Subparagraph (C) of section 2(b)(2) is Act of 2005, is amended— subparagraph (G) and inserting ‘‘subpara- amended by striking ‘‘subparagraph (C)’’ and (1) in the matter preceding paragraph (1), graph (C)(v)’’. inserting ‘‘subparagraph (B)’’. by striking ‘‘subsection (f)’’ and inserting (cc) Clause (ii) of section 501(c)(22)(B) is (b) Paragraph (2) of section 25C(b) is ‘‘subsection (e)’’, and amended by striking ‘‘clause (ii) of para- amended by striking ‘‘subsection (c)(3)(B)’’ (2) in paragraph (2)(C), by striking ‘‘sub- graph (21)(B)’’ and inserting ‘‘clause (ii) of and inserting ‘‘subsection (c)(2)(B)’’. section (g)’’ and inserting ‘‘subsection (f)’’. paragraph (21)(D)’’. (c) Subparagraph (E) of section 26(b)(2) is (m) Paragraph (1) of section 48(a), as (dd) Paragraph (1) of section 512(b) is amended by striking ‘‘section 530(d)(3)’’ and amended by section 1336 of the Energy Policy amended by striking ‘‘section 512(a)(5)’’ and Act of 2005, is amended by striking ‘‘para- inserting ‘‘section 530(d)(4)’’. inserting ‘‘subsection (a)(5)’’. (d) Subparagraph (A) of section 30B(g)(2) graph (1)(B) or (2)(B) of subsection (d)’’ and (ee)(1) Subsection (b) of section 512 is and subparagraph (A) of section 30C(d)(2) are inserting ‘‘paragraphs (1)(B) and (2)(B) of amended— subsection (c)’’. each amended by striking ‘‘regular tax’’ and (A) by redesignating paragraph (18) (relat- (n) Subparagraph (A) of section 48(a)(3) is inserting ‘‘regular tax liability (as defined in ing to the treatment of gain or loss on sale amended— or exchange of certain brownfield sites), as section 26(b))’’. (1) by redesignating clause (iii) (relating to (e) The table of sections for subpart B of added by section 702 of the American Jobs qualified fuel cell property or qualified part IV of subchapter A of chapter 1 is Creation Act of 2004, as paragraph (19), and microturbine property), as added by section amended by striking the item relating to (B) by moving such paragraph to the end of 1336 of the Energy Policy Act of 2005, as section 30C and inserting the following new such subsection. clause (iv) and by moving such clause to the item: (2) Subparagraph (E) of section 514(b)(1) is end of such subparagraph, and amended by striking ‘‘section 512(b)(18)’’ and ‘‘Sec. 30C. Alternative fuel vehicle refueling (2) by striking ‘‘or’’ at the end of clause inserting ‘‘section 512(b)(19)’’. property credit.’’. (ii). (3) Paragraph (6) of section 529(c) is amend- (f)(1) Subclause (II) of section 38(c)(2)(A)(ii) (o) Subparagraph (E) of section 50(a)(2) is ed by striking ‘‘education individual retire- is amended by striking ‘‘or the New York amended by striking ‘‘section 48(a)(5)’’ and ment account’’ and inserting ‘‘Coverdell edu- Liberty Zone business employee credit or the inserting ‘‘section 48(b)’’. cation savings account’’. specified credits’’ and inserting ‘‘, the New (p)(1) Paragraph (3) of section 55(c) is (ff)(1) Subsection (b) of section 530 is York Liberty Zone business employee credit, amended by inserting ‘‘30B(g)(2), 30C(d)(2),’’ amended by striking paragraph (3) and by re- and the specified credits’’. after ‘‘30(b)(3),’’. designating paragraphs (4) and (5) as para- (2) Subclause (II) of section 38(c)(3)(A)(ii) is (2) Section 1341(b)(3) of the Energy Policy graphs (3) and (4), respectively. amended by striking ‘‘or the specified cred- Act of 2005 is repealed. (2) Clause (ii) of section 530(b)(2)(A) is (3) Section 1342(b)(3) of the Energy Policy its’’ and inserting ‘‘and the specified cred- amended by striking ‘‘paragraph (4)’’ and in- its’’. Act of 2005 is repealed. (q)(1) Subsection (a) of section 62 is amend- serting ‘‘paragraph (3)’’. (3) Subparagraph (B) of section 38(c)(4) is (gg) Subparagraph (H) of section 613(c)(4) is ed— amended— amended by inserting ‘‘(including in situ re- (A) by redesignating paragraph (19) (relat- (A) by striking ‘‘includes’’ and inserting torting)’’ after ‘‘and retorting’’. ing to costs involving discrimination suits, ‘‘means’’, and (hh) Subparagraph (A) of section 856(g)(5) is etc.), as added by section 703 of the American (B) by inserting ‘‘and’’ at the end of clause amended by striking ‘‘subsection (c)(6) or Jobs Creation Act of 2004, as paragraph (20), (i). (c)(7) of section 856’’ and inserting ‘‘para- and (g)(1) Subparagraph (A) of section 39(a)(1) graph (2), (3), or (4) of subsection (c)’’. (B) by moving such paragraph after para- is amended by striking ‘‘each of the 1 taxable (ii) Paragraph (6) of section 857(b) is graph (19) (relating to health savings ac- years’’ and inserting ‘‘the taxable year’’. amended— (2) Subparagraph (B) of section 39(a)(3) is counts). (1) in subparagraph (E), by striking ‘‘sub- (2) Subsection (e) of section 62 is amended amended to read as follows: paragraph (C)’’ and inserting ‘‘subparagraphs by striking ‘‘subsection (a)(19)’’ and insert- ‘‘(B) paragraph (1) shall be applied by sub- (C) and (D)’’, and ing ‘‘subsection (a)(20)’’. stituting ‘each of the 5 taxable years’ for (r) Paragraph (3) of section 167(f) is amend- (2) in subparagraph (F)— ‘the taxable year’ in subparagraph (A) there- ed by striking ‘‘section 197(e)(7)’’ and insert- (A) by striking ‘‘subparagraph (C) of this of, and’’. ing ‘‘section 197(e)(6)’’. paragraph’’ and inserting ‘‘subparagraph (C) (h) Subparagraph (B) of section 40A(b)(5) is (s) Subparagraph (D) of section 168(i)(15) is or (D)’’, and amended by striking ‘‘(determined without amended by striking ‘‘This paragraph shall (B) by striking ‘‘subparagraphs (C) and regard to the last sentence of subsection not apply to’’ and inserting ‘‘Such term shall (D)’’ and inserting ‘‘subparagraphs (C), (D), (d)(2))’’. not include’’. and (E)’’. (i) Paragraph (5) of section 43(c) is amend- (t) Paragraph (2) of section 221(d) is amend- (jj) Subparagraph (C) of section 881(e)(1) is ed to read as follows: ed by striking ‘‘this Act’’ and inserting ‘‘the amended by inserting ‘‘interest-related divi- ‘‘(5) ALASKA NATURAL GAS.—For purposes of Taxpayer Relief Act of 1997’’. dend received by a controlled foreign cor- paragraph (1)(D)— (u) Paragraph (8) of section 318(b) is poration’’ after ‘‘shall apply to any’’. ‘‘(A) IN GENERAL.—The term ‘Alaska nat- amended by striking ‘‘section 6038(d)(2)’’ and (kk) Clause (ii) of section 952(c)(1)(B) is ural gas’ means natural gas entering the inserting ‘‘section 6038(e)(2)’’. amended—

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00186 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.197 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13875

(1) by striking ‘‘clause (iii)(III) or (IV)’’ the Government Accountability Office, the ‘‘(E) INFORMATION RETURNS.—Except to the and inserting ‘‘subclause (II) or (III) of clause Congressional Budget Office, or any agency, extent provided by the Secretary, this para- (iii)’’, and body, or commission described in subsection graph shall not apply to part III of sub- (2) by striking ‘‘clause (iii)(II)’’ and insert- (d), (i)(3)(B)(i) or 7(A)(ii), or (l)(6), (7), (8), (9), chapter A of chapter 61 (relating to informa- ing ‘‘clause (iii)(I)’’. (12), (15), or (16) or any other person de- tion returns).’’. (ll) Clause (i) of section 954(c)(1)(C) is scribed in subsection (l)(16), (18), (19), or (20) (d) EFFECTIVE DATE.—The amendments amended by striking ‘‘paragraph (4)(A)’’ and shall, as a condition for receiving returns or made by this section shall take effect as if inserting ‘‘paragraph (5)(A)’’. return information—’’, included in the provisions of the American (mm) Subparagraph (F) of section 954(c)(1) (2) by amending paragraph (4)(F)(i) to read Jobs Creation Act of 2004 to which they re- is amended by striking ‘‘Net income from no- as follows: late. tional principal contracts.’’ after ‘‘Income ‘‘(i) in the case of an agency, body, or com- Subtitle B—Trade Technicals from notional principal contracts.—’’. mission described in subsection (d), (nn) Paragraph (23) of section 1016(a) is (i)(3)(B)(i), or (l)(6), (7), (8), (9), or (16), or any SEC. 421. TECHNICAL CORRECTIONS TO RE- GIONAL VALUE-CONTENT METHODS amended by striking ‘‘1045(b)(4)’’ and insert- other person described in subsection (l)(16), FOR RULES OF ORIGIN UNDER PUB- ing ‘‘1045(b)(3)’’. (18), (19), or (20) return to the Secretary such LIC LAW 109–53. (oo) Paragraph (1) of section 1256(f) is returns or return information (along with Section 203(c) of the Dominican Republic– amended by striking ‘‘subsection (e)(2)(C)’’ any copies made therefrom) or make such re- Central America–United States Free Trade and inserting ‘‘subsection (e)(2)’’. turns or return information undisclosable in Agreement Implementation Act (Public Law (pp) The matter preceding clause (i) of sec- any manner and furnish a written report to 109–53; 19 U.S.C. 4033(c)) is amended as fol- tion 1031(h)(2)(B) is amended by striking the Secretary describing such manner,’’, and lows: ‘‘subparagraph’’ and inserting ‘‘subpara- (3) by striking the first full sentence in the (1) In paragraph (2)(A), by striking all that graphs’’. matter following subparagraph (F) of para- follows ‘‘the following build-down method:’’ (qq) Paragraphs (1) and (2) of section graph (4) and inserting the following: ‘‘If the and inserting the following: 1375(d) are each amended by striking ‘‘sub- Secretary determines that any such agency, chapter C’’ and inserting ‘‘accumulated’’. body, or commission, including an agency or AV–VNM (rr) Each of the following provisions are any other person described in subsection ‘‘RVC = ———— × 100’’. amended by striking ‘‘General Accounting (l)(16), (18), (19), or (20), or the Government AV Office’’ each place it appears therein and in- Accountability Office or the Congressional (2) In paragraph (3)(A), by striking all that serting ‘‘Government Accountability Of- Budget Office, has failed to, or does not, follows ‘‘the following build-up method:’’ and fice’’: meet the requirements of this paragraph, he inserting the following: (1) Clause (ii) of section 1400E(c)(4)(A). may, after any proceedings for review estab- (2) Paragraph (1) of section 6050M(b). lished under paragraph (7), take such actions VOM (3) Subparagraphs (A), (B)(i), and (B)(ii) of as are necessary to ensure such requirements ‘‘RVC = ———— × 100’’. are met, including refusing to disclose re- section 6103(i)(8). AV (4) Paragraphs (3)(C)(i), (4), (5), and (6)(B) of turns or return information to such agency, section 6103(p). body, or commission, including an agency or (3) In paragraph (4)(A), by striking all that (5) Subsection (e) of section 8021. any other person described in subsection follows ‘‘the following net cost method:’’ and (ss)(1) Clause (ii) of section 1400L(b)(2)(C) is (l)(16), (18), (19), or (20), or the Government inserting the following: amended by striking ‘‘section 168(k)(2)(C)(i)’’ Accountability Office or the Congressional NC–VNM and inserting ‘‘section 168(k)(2)(D)(i)’’. Budget Office, until he determines that such ‘‘RVC = ———— × 100’’. (2) Clause (iv) of section 1400L(b)(2)(C) is requirements have been or will be met.’’. NC amended by striking ‘‘section (zz) Clause (ii) of section 6111(b)(1)(A) is 168(k)(2)(C)(iii)’’ and inserting ‘‘section amended by striking ‘‘advice or assistance’’ TITLE V—EMERGENCY REQUIREMENT 168(k)(2)(D)(iii)’’. and inserting ‘‘aid, assistance, or advice’’. SEC. 501. EMERGENCY REQUIREMENT. (3) Subparagraph (D) of section 1400L(b)(2) (aaa) Paragraph (3) of section 6662(d) is Any provision of this Act causing an effect is amended by striking ‘‘section 168(k)(2)(D)’’ amended by striking ‘‘the’’ before ‘‘1 or on receipts, budget authority, or outlays is and inserting ‘‘section 168(k)(2)(E)’’. more’’. designated as an emergency requirement (4) Subparagraph (E) of section 1400L(b)(2) SEC. 413. OTHER CORRECTIONS RELATED TO pursuant to section 402 of H. Con. Res. 95 is amended by striking ‘‘section 168(k)(2)(F)’’ THE AMERICAN JOBS CREATION ACT (109th Congress). OF 2004. and inserting ‘‘section 168(k)(2)(G)’’. (a) AMENDMENTS RELATED TO SECTION 233 (5) Paragraph (5) of section 1400L(c) is OF THE ACT.— SA 2681. Mr. SANTORUM (for Mr. amended by striking ‘‘section (1) Clause (vi) of section 1361(c)(2)(A) is SPECTER (for himself, Mr. BIDEN, and 168(k)(2)(C)(iii)’’ and inserting ‘‘section amended— Mr. LEAHY)) proposed an amendment to 168(k)(2)(D)(iii)’’. (A) by inserting ‘‘or a depository institu- the bill H.R. 3402, to authorize appro- (tt) Section 3401 is amended by redesig- tion holding company (as defined in section nating subsection (h) as subsection (g). priations for the Department of Justice 3(w)(1) of the Federal Deposit Insurance Act (uu) Paragraph (2) of section 4161(a) is for fiscal years 2006 through 2009, and (12 U.S.C. 1813(w)(1))’’ after ‘‘a bank (as de- amended to read as follows: for other purposes; as follows: fined in section 581)’’, and ‘‘(2) 3 PERCENT RATE OF TAX FOR ELECTRIC (B) by inserting ‘‘or company’’ after ‘‘such Strike all after the enacting clause and in- OUTBOARD MOTORS.—In the case of an electric bank’’. sert the following: outboard motor, paragraph (1) shall be ap- (2) Paragraph (16) of section 4975(d) is SECTION 1. SHORT TITLE. plied by substituting ‘3 percent’ for ‘10 per- amended— This Act may be cited as the ‘‘Violence cent’.’’. (A) in subparagraph (A), by inserting ‘‘or a Against Women and Department of Justice (vv) Subparagraph (C) of section 4261(e)(4) depository institution holding company (as Reauthorization Act of 2005’’. is amended by striking ‘‘imposed subsection defined in section 3(w)(1) of the Federal De- SEC. 2. TABLE OF CONTENTS. (b)’’ and inserting ‘‘imposed by subsection posit Insurance Act (12 U.S.C. 1813(w)(1))’’ The table of contents for this Act is as fol- (b)’’. after ‘‘a bank (as defined in section 581)’’, lows: (ww) Subsection (a) of section 4980D is and amended by striking ‘‘plans’’ and inserting Sec. 1. Short title. (B) in subparagraph (C), by inserting ‘‘or Sec. 2. Table of contents. ‘‘plan’’. company’’ after ‘‘such bank’’. (xx) The matter following clause (iii) of Sec. 3. Universal definitions and grant pro- (b) AMENDMENT RELATED TO SECTION 237 OF visions. section 6045(e)(5)(A) is amended by striking THE ACT.—Subparagraph (F) of section ‘‘for ‘$250,000’.’’ and all that follows through 1362(d)(3) is amended by striking ‘‘a bank TITLE I—ENHANCING JUDICIAL AND LAW ‘‘to the Treasury.’’ and inserting ‘‘for holding company’’ and all that follows ENFORCEMENT TOOLS TO COMBAT VI- ‘$250,000’. The Secretary may by regulation through ‘‘section 2(p) of such Act)’’ and in- OLENCE AGAINST WOMEN increase the dollar amounts under this sub- serting ‘‘a depository institution holding Sec. 101. Stop grants improvements. paragraph if the Secretary determines that company (as defined in section 3(w)(1) of the Sec. 102. Grants to encourage arrest and en- such an increase will not materially reduce Federal Deposit Insurance Act (12 U.S.C. force protection orders im- revenues to the Treasury.’’. 1813(w)(1))’’. provements. (yy) Subsection (p) of section 6103 is (c) AMENDMENTS RELATED TO SECTION 239 Sec. 103. Legal Assistance for Victims im- amended— OF THE ACT.—Paragraph (3) of section 1361(b) provements. (1) by striking so much of paragraph (4) as is amended— Sec. 104. Ensuring crime victim access to precedes subparagraph (A) and inserting the (1) in subparagraph (A), by striking ‘‘and in legal services. following: the case of information returns required Sec. 105. The Violence Against Women Act ‘‘(4) SAFEGUARDS.—Any Federal agency de- under part III of subchapter A of chapter 61’’, court training and improve- scribed in subsection (h)(2), (h)(5), (i)(1), (2), and ments. (3), (5), or (7), (j)(1), (2), or (5), (k)(8), (l)(1), (2) by adding at the end the following new Sec. 106. Full faith and credit improve- (2), (3), (5), (10), (11), (13), (14), or (17) or (o)(1), subparagraph: ments.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00187 Fmt 0624 Sfmt 0655 E:\CR\FM\A16DE6.197 S16DEPT1 S13876 CONGRESSIONAL RECORD — SENATE December 16, 2005 Sec. 107. Privacy protections for victims of TITLE VI—HOUSING OPPORTUNITIES Sec. 905. Tracking of violence against Indian domestic violence, dating vio- AND SAFETY FOR BATTERED WOMEN women. lence, sexual violence, and AND CHILDREN Sec. 906. Grants to Indian tribal govern- stalking. Sec. 601. Addressing the housing needs of ments. Sec. 108. Sex offender management. victims of domestic violence, Sec. 907. Tribal deputy in the Office on Vio- Sec. 109. Stalker database. dating violence, sexual assault, lence Against Women. Sec. 110. Federal victim assistants reauthor- and stalking. Sec. 908. Enhanced Criminal law resources. ization. Sec. 602. Transitional housing assistance Sec. 909. Domestic assault by an habitual of- Sec. 111. Grants for law enforcement train- grants for victims of domestic fender. ing programs. violence, dating violence, sex- TITLE X—DNA FINGERPRINTING Sec. 112. Reauthorization of the court-ap- ual assault, or stalking. Sec. 1001. Short title. pointed special advocate pro- Sec. 603. Public housing authority plans re- Sec. 1002. Use of opt-out procedure to re- gram. porting requirement. move samples from national Sec. 113. Preventing cyberstalking. Sec. 604. Housing strategies. DNA index. Sec. 114. Criminal provision relating to Sec. 605. Amendment to the McKinney- Sec. 1003. Expanded use of CODIS grants. stalking. Vento Homeless Assistance Sec. 1004. Authorization to conduct DNA Sec. 115. Repeat offender provision. Act. sample collection from persons Sec. 116. Prohibiting dating violence. Sec. 606. Amendments to the low-income arrested or detained under Fed- Sec. 117. Prohibiting violence in special housing assistance voucher pro- eral authority. maritime and territorial juris- gram. Sec. 1005. Tolling of statute of limitations diction. Sec. 607. Amendments to the public housing for sexual-abuse offenses. Sec. 118. Updating protection order defini- program. TITLE XI—DEPARTMENT OF JUSTICE tion. TITLE VII—PROVIDING ECONOMIC REAUTHORIZATION Sec. 119. GAO study and report. SECURITY FOR VICTIMS OF VIOLENCE Subtitle A—AUTHORIZATION OF Sec. 120. Grants for outreach to underserved Sec. 701. Grant for National Resource Center APPROPRIATIONS populations. on Workplace Responses to as- Sec. 1101. Authorization of appropriations Sec. 121. Enhancing culturally and linguis- sist victims of domestic and for fiscal year 2006. tically specific services for vic- sexual violence. Sec. 1102. Authorization of appropriations tims of domestic violence, dat- TITLE VIII—PROTECTION OF BATTERED for fiscal year 2007. ing violence, sexual assault, AND TRAFFICKED IMMIGRANTS Sec. 1103. Authorization of appropriations and stalking. Subtitle A—Victims of Crime for fiscal year 2008. TITLE II—IMPROVING SERVICES FOR Sec. 1104. Authorization of appropriations Sec. 801. Treatment of spouse and children for fiscal year 2009. VICTIMS OF DOMESTIC VIOLENCE, of Victims. DATING VIOLENCE, SEXUAL ASSAULT, Sec. 1105. Organized retail theft. Sec. 802. Presence of Victims of a severe Sec. 1106. United States-Mexico Border Vio- AND STALKING form of trafficking in persons. lence Task Force. Sec. 201. Findings. Sec. 803. Adjustment of status. Sec. 1107. National Gang Intelligence Cen- Sec. 202. Sexual assault services program. Sec. 804. Protection and assistance for Vic- ter. Sec. 203. Amendments to the Rural Domes- tims of trafficking. Sec. 805. Protecting Victims of child abuse. Subtitle B—IMPROVING THE DEPART- tic Violence and Child Abuse MENT OF JUSTICE’S GRANT PRO- Enforcement Assistance Pro- Subtitle B—VAWA Self-Petitioners GRAMS gram. Sec. 811. Definition of VAWA self-petitioner. CHAPTER 1—ASSISTING LAW ENFORCEMENT Sec. 204. Training and services to end vio- Sec. 812. Application in case of voluntary de- AND CRIMINAL JUSTICE AGENCIES lence against women with dis- parture. abilities. Sec. 813. Removal proceedings. Sec. 1111. Merger of Byrne grant program Sec. 205. Training and services to end vio- Sec. 814. Eliminating abusers’ control over and Local Law Enforcement lence against women in later applications and limitation on Block Grant program. Sec. 1112. Clarification of number of recipi- life. petitioning for abusers. ents who may be selected in a Sec. 206. Strengthening the National Domes- Sec. 815. Application for VAWA-related re- given year to receive Public tic Violence Hotline. lief. Sec. 816. Self-petitioning parents. Safety Officer Medal of Valor. TITLE III—SERVICES, PROTECTION, AND Sec. 1113. Clarification of official to be con- JUSTICE FOR YOUNG VICTIMS OF VIO- Sec. 817. VAWA confidentiality nondisclosure. sulted by Attorney General in LENCE considering application for Sec. 301. Findings. Subtitle C—Miscellaneous Amendments emergency Federal law enforce- Sec. 302. Rape prevention and education. Sec. 821. Duration of T and U visas. ment assistance. Sec. 303. Services, education, protection, Sec. 822. Technical correction to references Sec. 1114. Clarification of uses for regional and justice for young victims of in application of special phys- information sharing system violence. ical presence and good moral Grants. Sec. 304. Grants to combat violent crimes on character rules. Sec. 1115. Integrity and enhancement of na- campuses. Sec. 823. Petitioning rights of certain former tional criminal record data- Sec. 305. Juvenile justice. spouses under Cuban adjust- bases. Sec. 306. Safe havens. ment. Sec. 1116. Extension of matching grant pro- Sec. 824. Self-petitioning rights of HRIFA gram for law enforcement TITLE IV—STRENGTHENING AMERICA’S applicants. armor vests. FAMILIES BY PREVENTING VIOLENCE Sec. 825. Motions to reopen. CHAPTER 2—BUILDING COMMUNITY CAPACITY Sec. 401. Preventing violence against women Sec. 826. Protecting abused juveniles. TO PREVENT, REDUCE, AND CONTROL CRIME and children. Sec. 827. Protection of domestic violence Sec. 1121. Office of Weed and Seed Strate- Sec. 402. Study conducted by the Centers for and crime victims from certain gies. Disease Control and Preven- disclosures of information. tion. Sec. 828. Rulemaking. CHAPTER 3—ASSISTING VICTIMS OF CRIME TITLE V—STRENGTHENING THE Subtitle D—International Marriage Broker Sec. 1131. Grants to local nonprofit organi- HEALTHCARE SYSTEM’S RESPONSE TO Regulation zations to improve outreach services to Victims of Crime. DOMESTIC VIOLENCE, DATING VIO- Sec. 831. Short title. Sec. 1132. Clarification and enhancement of LENCE, SEXUAL ASSAULT, AND Sec. 832. Access to VAWA protection regard- certain authorities relating to STALKING less of manner of entry. Crime Victims Fund. Sec. 833. Domestic violence information and Sec. 501. Findings. Sec. 1133. Amounts received under crime resources for immigrants and Sec. 502. Purpose. victim Grants may be used by regulation of international Sec. 503. Training and education of health State for training purposes. professionals in domestic and marriage brokers. Sec. 1134. Clarification of authorities relat- Sec. 834. Sharing of certain information. sexual violence. ing to Violence Against Women Sec. 504. Grants to foster public health re- TITLE IX—SAFETY FOR INDIAN WOMEN formula and discretionary sponses to domestic violence, Sec. 901. Findings. grant programs. dating violence, sexual assault, Sec. 902. Purposes. Sec. 1135. Change of certain reports from an- and stalking grants. Sec. 903. Consultation. nual to biennial. Sec. 505. Research on effective interventions Sec. 904. Analysis and research on violence Sec. 1136. Grants for young witness assist- in the healthcare setting. against Indian women. ance.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00188 Fmt 0624 Sfmt 0655 E:\CR\FM\A16DE6.204 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13877

CHAPTER 4—PREVENTING CRIME Sec. 1180. Technical corrections relating to ‘‘(D) obtains expertise, or shows dem- Sec. 1141. Clarification of definition of vio- steroids. onstrated capacity to work effectively, on lent offender for purposes of ju- Sec. 1181. Prison Rape Commission exten- domestic violence, dating violence, sexual venile drug courts. sion. assault, and stalking through collaboration. Sec. 1142. Changes to distribution and allo- Sec. 1182. Longer statute of limitation for ‘‘(4) CHILD MALTREATMENT.—The term cation of grants for drug courts. human trafficking-related of- ‘child maltreatment’ means the physical or Sec. 1143. Eligibility for Grants under drug fenses. psychological abuse or neglect of a child or court Grants program extended Sec. 1183. Use of Center for Criminal Justice youth, including sexual assault and abuse. to courts that supervise non-of- Technology. ‘‘(5) COURT-BASED AND COURT-RELATED PER- Sec. 1184. SEARCH Grants. fenders with substance abuse SONNEL.—The term ‘court-based’ and ‘court- Sec. 1185. Reauthorization of Law Enforce- problems. related personnel’ mean persons working in ment Tribute Act. Sec. 1144. Term of Residential Substance the court, whether paid or volunteer, includ- Sec. 1186. Amendment regarding bullying Abuse Treatment program for ing— and gangs. ‘‘(A) clerks, special masters, domestic rela- local facilities. Sec. 1187. Transfer of provisions relating to Sec. 1145. Enhanced residential substance tions officers, administrators, mediators, the Bureau of alcohol, tobacco, custody evaluators, guardians ad litem, law- abuse treatment program for firearms, and Explosives. yers, negotiators, probation, parole, inter- State prisoners. Sec. 1188. Reauthorize the gang resistance preters, victim assistants, victim advocates, Sec. 1146. Residential Substance Abuse education and training projects and judicial, administrative, or any other Treatment Program for Federal program. professionals or personnel similarly involved Facilities. Sec. 1189. National Training Center. in the legal process; CHAPTER 5—OTHER MATTERS Sec. 1190. Sense of Congress relating to ‘‘(B) court security personnel; Sec. 1151. Changes to certain financial au- ‘‘good time’’ release. ‘‘(C) personnel working in related, supple- thorities. Sec. 1191. Public employee uniforms. mentary offices or programs (such as child Sec. 1152. Coordination duties of Assistant Sec. 1192. Officially approved postage. support enforcement); and Attorney General. Sec. 1193. Authorization of additional appro- ‘‘(D) any other court-based or community- Sec. 1153. Simplification of compliance priations. based personnel having responsibilities or deadlines under sex-offender Sec. 1194. Assistance to courts. authority to address domestic violence, dat- Sec. 1195. Study and report on correlation registration laws. ing violence, sexual assault, or stalking in between substance abuse and Sec. 1154. Repeal of certain programs. the court system. domestic violence at domestic Sec. 1155. Elimination of certain notice and ‘‘(6) DOMESTIC VIOLENCE.—The term ‘do- violence shelters. hearing requirements. mestic violence’ includes felony or mis- Sec. 1196. Reauthorization of State criminal Sec. 1156. Amended definitions for purposes demeanor crimes of violence committed by a alien assistance program. of Omnibus Crime Control and current or former spouse of the victim, by a Sec. 1197. Extension of child safety pilot pro- Safe Streets Act of 1968. person with whom the victim shares a child gram. Sec. 1157. Clarification of authority to pay in common, by a person who is cohabitating Sec. 1198. Transportation and subsistence subsistence payments to pris- with or has cohabitated with the victim as a for special sessions of district oners for health care items and spouse, by a person similarly situated to a courts. services. spouse of the victim under the domestic or Sec. 1199. Youth Violence Reduction Dem- family violence laws of the jurisdiction re- Sec. 1158. Office of audit, assessment, and onstration Projects. Management. ceiving grant monies, or by any other person Sec. 1159. Community Capacity Develop- SEC. 3. UNIVERSAL DEFINITIONS AND GRANT against an adult or youth victim who is pro- PROVISIONS. ment Office. tected from that person’s acts under the do- (a) IN GENERAL.—The Violence Against Sec. 1160. Office of Applied Law Enforce- mestic or family violence laws of the juris- Women Act of 1994 (108 Stat. 1902 et seq.) is ment Technology. diction. amended by adding after section 40001 the Sec. 1161. Availability of funds for Grants. ‘‘(7) DATING PARTNER.—The term ‘dating following: Sec. 1162. Consolidation of financial Man- partner’ refers to a person who is or has been agement systems of Office of ‘‘SEC. 40002. DEFINITIONS AND GRANT PROVI- in a social relationship of a romantic or inti- SIONS. Justice Programs. mate nature with the abuser, and where the ‘‘(a) DEFINITIONS.—In this title: Sec. 1163. Authorization and change of COPS existence of such a relationship shall be de- ‘‘(1) COURTS.—The term ‘courts’ means any program to single grant pro- termined based on a consideration of— civil or criminal, tribal, and Alaskan Vil- gram. ‘‘(A) the length of the relationship; lage, Federal, State, local or territorial Sec. 1164. Clarification of persons eligible ‘‘(B) the type of relationship; and court having jurisdiction to address domes- for benefits under Public Safety ‘‘(C) the frequency of interaction between tic violence, dating violence, sexual assault officers’ death benefits pro- the persons involved in the relationship. or stalking, including immigration, family, ‘‘(8) DATING VIOLENCE.—The term ‘dating grams. juvenile, and dependency courts, and the ju- violence’ means violence committed by a Sec. 1165. Pre-release and post-release pro- dicial officers serving in those courts, in- person— grams for juvenile offenders. cluding judges, magistrate judges, commis- ‘‘(A) who is or has been in a social relation- Sec. 1166. Reauthorization of juvenile ac- sioners, justices of the peace, or any other ship of a romantic or intimate nature with countability block Grants. person with decisionmaking authority. the victim; and Sec. 1167. Sex offender Management. ‘‘(2) CHILD ABUSE AND NEGLECT.—The term ‘‘(B) where the existence of such a relation- Sec. 1168. Evidence-based approaches. ‘child abuse and neglect’ means any recent ship shall be determined based on a consider- Sec. 1169. Reauthorization of matching act or failure to act on the part of a parent ation of the following factors: grant program for school secu- or caregiver with intent to cause death, seri- ‘‘(i) The length of the relationship. rity. ous physical or emotional harm, sexual ‘‘(ii) The type of relationship. Sec. 1170. Technical amendments to Aimee’s abuse, or exploitation, or an act or failure to ‘‘(iii) The frequency of interaction between Law. act which presents an imminent risk of seri- the persons involved in the relationship. Subtitle C—MISCELLANEOUS PROVISIONS ous harm. This definition shall not be con- ‘‘(9) ELDER ABUSE.—The term ‘elder abuse’ Sec. 1171. Technical amendments relating to strued to mean that failure to leave an abu- means any action against a person who is 50 Public Law 107–56. sive relationship, in the absence of other ac- years of age or older that constitutes the Sec. 1172. Miscellaneous technical amend- tion constituting abuse or neglect, is itself willful— ments. abuse or neglect. ‘‘(A) infliction of injury, unreasonable con- Sec. 1173. Use of Federal training facilities. ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The finement, intimidation, or cruel punishment Sec. 1174. Privacy officer. term ‘community-based organization’ means with resulting physical harm, pain, or men- Sec. 1175. Bankruptcy crimes. an organization that— tal anguish; or Sec. 1176. Report to Congress on status of ‘‘(A) focuses primarily on domestic vio- ‘‘(B) deprivation by a person, including a United States persons or resi- lence, dating violence, sexual assault, or caregiver, of goods or services with intent to dents detained on suspicion of stalking; cause physical harm, mental anguish, or terrorism. ‘‘(B) has established a specialized cul- mental illness. Sec. 1177. Increased penalties and expanded turally specific program that addresses do- ‘‘(10) INDIAN.—The term ‘Indian’ means a jurisdiction for sexual abuse of- mestic violence, dating violence, sexual as- member of an Indian tribe. fenses in correctional facilities. sault, or stalking; ‘‘(11) INDIAN COUNTRY.—The term ‘Indian Sec. 1178. Expanded jurisdiction for contra- ‘‘(C) has a primary focus on underserved country’ has the same meaning given such band offenses in correctional fa- populations (and includes representatives of term in section 1151 of title 18, United States cilities. these populations) and domestic violence, Code. Sec. 1179. Magistrate judge’s authority to dating violence, sexual assault, or stalking; ‘‘(12) INDIAN HOUSING.—The term ‘Indian continue preliminary hearing. or housing’ means housing assistance described

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00189 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 S13878 CONGRESSIONAL RECORD — SENATE December 16, 2005 in the Native American Housing Assistance tion filed by or on behalf of a person seeking ‘‘(B) individuals or organizations that pro- and Self-Determination Act of 1996 (25 U.S.C. protection; and pose to incorporate as nonprofit, nongovern- 4101 et seq., as amended). ‘‘(B) any support, child custody or visita- mental tribal coalitions to address domestic ‘‘(13) INDIAN TRIBE.—The term ‘Indian tion provisions, orders, remedies, or relief violence and sexual assault against Amer- tribe’ means a tribe, band, pueblo, nation, or issued as part of a protection order, restrain- ican Indian or Alaska Native women. other organized group or community of Indi- ing order, or stay away injunction pursuant ‘‘(30) TRIBAL GOVERNMENT.—The term ‘trib- ans, including any Alaska Native village or to State, tribal, territorial, or local law au- al government’ means— regional or village corporation (as defined in, thorizing the issuance of protection orders, ‘‘(A) the governing body of an Indian tribe; or established pursuant to, the Alaska Na- restraining orders, or injunctions for the or tive Claims Settlement Act (43 U.S.C. 1601 et protection of victims of domestic violence, ‘‘(B) a tribe, band, pueblo, nation, or other seq.)), that is recognized as eligible for the dating violence, sexual assault, or stalking. organized group or community of Indians, in- special programs and services provided by ‘‘(21) RURAL AREA AND RURAL COMMUNITY.— cluding any Alaska Native village or re- the United States to Indians because of their The term ‘rural area’ and ‘rural community’ gional or village corporation (as defined in, status as Indians. mean— or established pursuant to, the Alaska Na- ‘‘(14) INDIAN LAW ENFORCEMENT.—The term ‘‘(A) any area or community, respectively, tive Claims Settlement Act (43 U.S.C. 1601 et ‘Indian law enforcement’ means the depart- no part of which is within an area designated seq.)), that is recognized as eligible for the ments or individuals under the direction of as a standard metropolitan statistical area special programs and services provided by the Indian tribe that maintain public order. by the Office of Management and Budget; or the United States to Indians because of their ‘‘(B) any area or community, respectively, ‘‘(15) LAW ENFORCEMENT.—The term ‘law status as Indians. that is— enforcement’ means a public agency charged ‘‘(31) TRIBAL ORGANIZATION.—The term ‘‘(i) within an area designated as a metro- with policing functions, including any of its ‘tribal organization’ means— politan statistical area or considered as part component bureaus (such as governmental ‘‘(A) the governing body of any Indian of a metropolitan statistical area; and victim services programs), including those tribe; ‘‘(ii) located in a rural census tract. referred to in section 3 of the Indian Enforce- ‘‘(B) any legally established organization ‘‘(22) RURAL STATE.—The term ‘rural State’ of Indians which is controlled, sanctioned, or ment Reform Act (25 U.S.C. 2802). means a State that has a population density ‘‘(16) LEGAL ASSISTANCE.—The term ‘legal chartered by such governing body of a tribe of 52 or fewer persons per square mile or a or tribes to be served, or which is democrat- assistance’ includes assistance to adult and State in which the largest county has fewer youth victims of domestic violence, dating ically elected by the adult members of the than 150,000 people, based on the most recent Indian community to be served by such orga- violence, sexual assault, and stalking in— decennial census. ‘‘(A) family, tribal, territorial, immigra- nization and which includes the maximum ‘‘(23) SEXUAL ASSAULT.—The term ‘sexual participation of Indians in all phases of its tion, employment, administrative agency, assault’ means any conduct prescribed by housing matters, campus administrative or activities; or chapter 109A of title 18, United States Code, ‘‘(C) any tribal nonprofit organization. protection or stay away order proceedings, whether or not the conduct occurs in the spe- ‘‘(32) UNDERSERVED POPULATIONS.—The and other similar matters; and cial maritime and territorial jurisdiction of ‘‘(B) criminal justice investigations, pros- term ‘underserved populations’ includes pop- the United States or in a Federal prison and ulations underserved because of geographic ecutions and post-trial matters (including includes both assaults committed by offend- location, underserved racial and ethnic popu- sentencing, parole, and probation) that im- ers who are strangers to the victim and as- lations, populations underserved because of pact the victim’s safety and privacy. saults committed by offenders who are special needs (such as language barriers, dis- ‘‘(17) LINGUISTICALLY AND CULTURALLY SPE- known or related by blood or marriage to the abilities, alienage status, or age), and any CIFIC SERVICES.—The term ‘linguistically and victim. other population determined to be under- culturally specific services’ means commu- ‘‘(24) STALKING.—The term ‘stalking’ served by the Attorney General or by the nity-based services that offer full linguistic means engaging in a course of conduct di- Secretary of Health and Human Services, as access and culturally specific services and rected at a specific person that would cause appropriate. resources, including outreach, collaboration, a reasonable person to— ICTIM ADVOCATE.—The term ‘victim and support mechanisms primarily directed ‘‘(A) fear for his or her safety or the safety ‘‘(33) V toward underserved communities. of others; or advocate’ means a person, whether paid or ‘‘(18) PERSONALLY IDENTIFYING INFORMATION ‘‘(B) suffer substantial emotional distress. serving as a volunteer, who provides services to victims of domestic violence, sexual as- OR PERSONAL INFORMATION.—The term ‘per- ‘‘(25) STATE.—The term ‘State’ means each sonally identifying information’ or ‘personal of the several States and the District of Co- sault, stalking, or dating violence under the information’ means individually identifying lumbia, and except as otherwise provided, auspices or supervision of a victim services information for or about an individual in- the Commonwealth of Puerto Rico, Guam, program. cluding information likely to disclose the lo- American Samoa, the Virgin Islands, and the ‘‘(34) VICTIM ASSISTANT.—The term ‘victim cation of a victim of domestic violence, dat- Northern Mariana Islands. assistant’ means a person, whether paid or ing violence, sexual assault, or stalking, in- ‘‘(26) STATE DOMESTIC VIOLENCE COALI- serving as a volunteer, who provides services cluding— TION.—The term ‘State domestic violence co- to victims of domestic violence, sexual as- ‘‘(A) a first and last name; alition’ means a program determined by the sault, stalking, or dating violence under the ‘‘(B) a home or other physical address; Administration for Children and Families auspices or supervision of a court or a law ‘‘(C) contact information (including a post- under the Family Violence Prevention and enforcement or prosecution agency. al, e-mail or Internet protocol address, or Services Act (42 U.S.C. 10410(b)). ‘‘(35) VICTIM SERVICES OR VICTIM SERVICE telephone or facsimile number); ‘‘(27) STATE SEXUAL ASSAULT COALITION.— PROVIDER.—The term ‘victim services’ or ‘‘(D) a social security number; and The term ‘State sexual assault coalition’ ‘victim service provider’ means a nonprofit, ‘‘(E) any other information, including date means a program determined by the Center nongovernmental organization that assists of birth, racial or ethnic background, or reli- for Injury Prevention and Control of the domestic violence, dating violence, sexual gious affiliation, that, in combination with Centers for Disease Control and Prevention assault, or stalking victims, including rape any of subparagraphs (A) through (D), would under the Public Health Service Act (42 crisis centers, domestic violence shelters, serve to identify any individual. U.S.C. 280b et seq.). faith-based organizations, and other organi- ‘‘(19) PROSECUTION.—The term ‘prosecu- ‘‘(28) TERRITORIAL DOMESTIC VIOLENCE OR zations, with a documented history of effec- tion’ means any public agency charged with SEXUAL ASSAULT COALITION.—The term ‘terri- tive work concerning domestic violence, dat- direct responsibility for prosecuting crimi- torial domestic violence or sexual assault co- ing violence, sexual assault, or stalking. nal offenders, including such agency’s com- alition’ means a program addressing domes- ‘‘(36) YOUTH.—The term ‘youth’ means teen ponent bureaus (such as governmental vic- tic or sexual violence that is— and young adult victims of domestic vio- tim services programs). ‘‘(A) an established nonprofit, nongovern- lence, dating violence, sexual assault, or ‘‘(20) PROTECTION ORDER OR RESTRAINING mental territorial coalition addressing do- stalking. ORDER.—The term ‘protection order’ or ‘re- mestic violence or sexual assault within the ‘‘(b) GRANT CONDITIONS.— straining order’ includes— territory; or ‘‘(1) MATCH.—No matching funds shall be ‘‘(A) any injunction, restraining order, or ‘‘(B) a nongovernmental organization with required for a grant or subgrant made under any other order issued by a civil or criminal a demonstrated history of addressing domes- this title for any tribe, territory, victim court for the purpose of preventing violent tic violence or sexual assault within the ter- service provider, or any entity that the At- or threatening acts or harassment against, ritory that proposes to incorporate as a non- torney General determines has adequately sexual violence or contact or communication profit, nongovernmental territorial coali- demonstrated financial need. with or physical proximity to, another per- tion. ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR son, including any temporary or final orders ‘‘(29) TRIBAL COALITION.—The term ‘tribal PRIVATE INFORMATION.— issued by civil or criminal courts whether coalition’ means— ‘‘(A) IN GENERAL.—In order to ensure the obtained by filing an independent action or ‘‘(A) an established nonprofit, nongovern- safety of adult, youth, and child victims of as a pendente lite order in another pro- mental tribal coalition addressing domestic domestic violence, dating violence, sexual ceeding so long as any civil order was issued violence and sexual assault against Amer- assault, or stalking, and their families, in response to a complaint, petition, or mo- ican Indian or Alaskan Native women; or grantees and subgrantees under this title

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00190 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13879 shall protect the confidentiality and privacy up to 3 percent of such funds in order to con- port submitted under subsection (e) of this of persons receiving services. duct— section not later than 1 month after the end ‘‘(B) NONDISCLOSURE.—Subject to subpara- ‘‘(A) evaluations of specific programs or of each even-numbered fiscal year.’’. graphs (C) and (D), grantees and subgrantees projects funded by the disbursing agency (c) DEFINITIONS AND GRANT CONDITIONS IN shall not— under this title or related research; or CRIME CONTROL ACT.— ‘‘(i) disclose any personally identifying in- ‘‘(B) evaluations of promising practices or (1) PART T.—Part T of title I of the Omni- formation or individual information col- problems emerging in the field or related re- bus Crime Control and Safe Streets Act of lected in connection with services requested, search, in order to inform the agency or 1968 (42 U.S.C. 3796gg et seq.) is amended by utilized, or denied through grantees’ and agencies as to which programs or projects striking section 2008 and inserting the fol- subgrantees’ programs; or are likely to be effective or responsive to lowing: ‘‘(ii) reveal individual client information needs in the field. ‘‘SEC. 2008. DEFINITIONS AND GRANT CONDI- without the informed, written, reasonably ‘‘(8) NONEXCLUSIVITY.—Nothing in this title TIONS. time-limited consent of the person (or in the shall be construed to prohibit male victims ‘‘In this part the definitions and grant con- case of an unemancipated minor, the minor of domestic violence, dating violence, sexual ditions in section 40002 of the Violence and the parent or guardian or in the case of assault, and stalking from receiving benefits Against Women Act of 1994 shall apply.’’. persons with disabilities, the guardian) and services under this title. (2) PART U.—Section 2105 of the Omnibus about whom information is sought, whether ‘‘(9) PROHIBITION ON TORT LITIGATION.— Crime Control and Safe Streets Act of 1968 is for this program or any other Federal, State, Funds appropriated for the grant program amended to read as follows: under this title may not be used to fund civil tribal, or territorial grant program, except ‘‘SEC. 2105. DEFINITIONS AND GRANT CONDI- representation in a lawsuit based on a tort that consent for release may not be given by TIONS. claim. This paragraph should not be con- the abuser of the minor, person with disabil- ‘‘In this part the definitions and grant construed as a prohibition on providing assist- ities, or the abuser of the other parent of the ditions in section 40002 of the Violence ance to obtain restitution in a protection minor. Against Women Act of 1994 shall apply.’’. order or criminal case. (d) DEFINITIONS AND GRANT CONDITIONS IN ‘‘(C) RELEASE.—If release of information ‘‘(10) PROHIBITION ON LOBBYING.—Any funds described in subparagraph (B) is compelled 2000 ACT.—Section 1002 of the Violence appropriated for the grant program shall be Against Women Act of 2000 (42 U.S.C. 3796gg– by statutory or court mandate— subject to the prohibition in section 1913 of ‘‘(i) grantees and subgrantees shall make 2 note) is amended to read as follows: title 18, United States Code, relating to lob- ‘‘SEC. 1002. DEFINITIONS AND GRANT CONDI- reasonable attempts to provide notice to vic- bying with appropriated moneys. tims affected by the disclosure of informa- TIONS. ‘‘(11) TECHNICAL ASSISTANCE.—If there is a ‘‘In this division the definitions and grant tion; and demonstrated history that the Office on Vio- ‘‘(ii) grantees and subgrantees shall take conditions in section 40002 of the Violence lence Against Women has previously set Against Women Act of 1994 shall apply.’’. steps necessary to protect the privacy and aside amounts greater than 8 percent for TITLE I—ENHANCING JUDICIAL AND LAW safety of the persons affected by the release technical assistance and training relating to ENFORCEMENT TOOLS TO COMBAT VIO- of the information. grant programs authorized under this title, LENCE AGAINST WOMEN ‘‘(D) INFORMATION SHARING.—Grantees and the Office has the authority to continue set- subgrantees may share— ting aside amounts greater than 8 percent.’’. SEC. 101. STOP GRANTS IMPROVEMENTS. ‘‘(i) nonpersonally identifying data in the (b) CHANGE OF CERTAIN REPORTS FROM AN- (a) AUTHORIZATION OF APPROPRIATIONS.— aggregate regarding services to their clients NUAL TO BIENNIAL.— Section 1001(a)(18) of title I of the Omnibus and nonpersonally identifying demographic (1) STALKING AND DOMESTIC VIOLENCE.—Sec- Crime Control and Safe Streets Act of 1968 information in order to comply with Federal, tion 40610 of the Violence Against Women (42 U.S.C. 3793(a)(18)) is amended by striking State, tribal, or territorial reporting, evalua- Act of 1994 (42 U.S.C. 14039) is amended by ‘‘$185,000,000 for each of fiscal years 2001 tion, or data collection requirements; striking ‘‘The Attorney General shall submit through 2005’’ and inserting ‘‘$225,000,000 for ‘‘(ii) court-generated information and law- to the Congress an annual report, beginning each of fiscal years 2007 through 2011’’. enforcement generated information con- 1 year after the date of the enactment of this (b) PURPOSE AREA ENHANCEMENTS.—Sec- tained in secure, governmental registries for Act, that provides’’ and inserting ‘‘Each tion 2001(b) of title I of the Omnibus Crime protection order enforcement purposes; and even-numbered fiscal year, the Attorney Control and Safe Streets Act of 1968 (42 ‘‘(iii) law enforcement- and prosecution- General shall submit to the Congress a bien- U.S.C. 3796gg(b)) is amended— generated information necessary for law en- nial report that provides’’. (1) in paragraph (10), by striking ‘‘and’’ forcement and prosecution purposes. (2) SAFE HAVENS FOR CHILDREN.—Section after the semicolon; ‘‘(E) OVERSIGHT.—Nothing in this para- 1301(d)(l) of the Victims of Trafficking and (2) in paragraph (11), by striking the period graph shall prevent the Attorney General Violence Protection Act of 2000 (42 U.S.C. and inserting a semicolon; and from disclosing grant activities authorized 10420(d)(1)) is amended in the matter pre- (3) by adding at the end the following: in this Act to the chairman and ranking ceding subparagraph (A) by striking ‘‘Not ‘‘(12) maintaining core victim services and members of the Committee on the Judiciary later than 1 year after the last day of the criminal justice initiatives, while supporting of the House of Representatives and the first fiscal year commencing on or after the complementary new initiatives and emer- Committee on the Judiciary of the Senate date of enactment of this Act, and not later gency services for victims and their families; exercising Congressional oversight author- than 180 days after the last day of each fiscal ‘‘(13) supporting the placement of special ity. All disclosures shall protect confiden- year thereafter,’’ and inserting ‘‘Not later victim assistants (to be known as ‘Jessica tiality and omit personally identifying infor- than 1 month after the end of each even- Gonzales Victim Assistants’) in local law en- mation, including location information numbered fiscal year,’’. forcement agencies to serve as liaisons be- about individuals. (3) STOP VIOLENCE AGAINST WOMEN FORMULA tween victims of domestic violence, dating ‘‘(3) APPROVED ACTIVITIES.—In carrying out GRANTS.—Section 2009(b) of the Omnibus violence, sexual assault, and stalking and the activities under this title, grantees and Crime Control and Safe Streets Act of 1968 personnel in local law enforcement agencies subgrantees may collaborate with and pro- (42 U.S.C. 3796gg–3) is amended by striking in order to improve the enforcement of provide information to Federal, State, local, ‘‘Not later than’’ and all that follows tection orders. Jessica Gonzales Victim As- tribal, and territorial public officials and through ‘‘the Attorney General shall sub- sistants shall have expertise in domestic vio- agencies to develop and implement policies mit’’ and inserting the following: ‘‘Not later lence, dating violence, sexual assault, or to reduce or eliminate domestic violence, than 1 month after the end of each even- stalking and may undertake the following dating violence, sexual assault, and stalking. numbered fiscal year, the Attorney General activities— ‘‘(4) NON-SUPPLANTATION.—Any Federal shall submit’’. ‘‘(A) developing, in collaboration with funds received under this title shall be used (4) TRANSITIONAL HOUSING ASSISTANCE prosecutors, courts, and victim service pro- to supplement, not supplant, non-Federal GRANTS FOR CHILD VICTIMS OF DOMESTIC VIO- viders, standardized response policies for funds that would otherwise be available for LENCE, STALKING, OR SEXUAL ASSAULT.—Sec- local law enforcement agencies, including activities under this title. tion 40299(f) of the Violence Against Women triage protocols to ensure that dangerous or ‘‘(5) USE OF FUNDS.—Funds authorized and Act of 1994 (42 U.S.C. 13975(f)) is amended by potentially lethal cases are identified and appropriated under this title may be used striking ‘‘shall annually prepare and submit prioritized; only for the specific purposes described in to the Committee on the Judiciary of the ‘‘(B) notifying persons seeking enforce- this title and shall remain available until ex- House of Representatives and the Committee ment of protection orders as to what re- pended. on the Judiciary of the Senate a report that sponses will be provided by the relevant law ‘‘(6) REPORTS.—An entity receiving a grant contains a compilation of the information enforcement agency; under this title shall submit to the dis- contained in the report submitted under sub- ‘‘(C) referring persons seeking enforcement bursing agency a report detailing the activi- section (e) of this section.’’ and inserting of protection orders to supplementary serv- ties undertaken with the grant funds, includ- ‘‘shall prepare and submit to the Committee ices (such as emergency shelter programs, ing and providing additional information as on the Judiciary of the House of Representa- hotlines, or legal assistance services); and the agency shall require. tives and the Committee on the Judiciary of ‘‘(D) taking other appropriate action to as- ‘‘(7) EVALUATION.—Federal agencies dis- the Senate a report that contains a compila- sist or secure the safety of the person seek- bursing funds under this title shall set aside tion of the information contained in the re- ing enforcement of a protection order; and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00191 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 S13880 CONGRESSIONAL RECORD — SENATE December 16, 2005 ‘‘(14) to provide funding to law enforce- ‘‘(4) documentation showing that tribal, et seq.) is amended by adding at the end the ment agencies, nonprofit nongovernmental territorial, State or local prosecution, law following: victim services providers, and State, tribal, enforcement, and courts have consulted with ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION. territorial, and local governments, (which tribal, territorial, State, or local victim ‘‘(a) IN GENERAL.—In order to be eligible funding stream shall be known as the Crys- service programs during the course of devel- for grants under this part, a State, Indian tal Judson Domestic Violence Protocol Pro- oping their grant applications in order to en- tribal government, territorial government, gram) to promote— sure that proposed services, activities and or unit of local government shall certify ‘‘(A) the development and implementation equipment acquisitions are designed to pro- that, not later than 3 years after the date of of training for local victim domestic vio- mote the safety, confidentiality, and eco- enactment of this section, their laws, poli- lence service providers, and to fund victim nomic independence of victims of domestic cies, or practices will ensure that no law en- services personnel, to be known as ‘Crystal violence, sexual assault, stalking, and dating forcement officer, prosecuting officer or Judson Victim Advocates,’ to provide sup- violence.’’. other government official shall ask or re- portive services and advocacy for victims of (e) TRAINING, TECHNICAL ASSISTANCE, AND quire an adult, youth, or child victim of an domestic violence committed by law enforce- DATA COLLECTION.—Section 2007 of the Omni- alleged sex offense as defined under Federal, ment personnel; bus Crime Control and Safe Streets Act of tribal, State, territorial, or local law to sub- ‘‘(B) the implementation of protocols with- 1968 (42 U.S.C. 3796gg–1) is amended by adding mit to a polygraph examination or other in law enforcement agencies to ensure con- at the end the following: truth telling device as a condition for pro- ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND sistent and effective responses to the com- ceeding with the investigation of such an of- DATA COLLECTION.— mission of domestic violence by personnel fense. ‘‘(1) IN GENERAL.—Of the total amounts ap- within such agencies (such as the model pol- ‘‘(b) PROSECUTION.—The refusal of a victim propriated under this part, not less than 3 icy promulgated by the International Asso- to submit to an examination described in percent and up to 8 percent shall be available ciation of Chiefs of Police (‘Domestic Vio- subsection (a) shall not prevent the inves- for providing training and technical assist- lence by Police Officers: A Policy of the tigation, charging, or prosecution of the of- ance relating to the purpose areas of this IACP, Police Response to Violence Against fense.’’. Women Project’ July 2003)); part to improve the capacity of grantees, subgrantees and other entities. SEC. 102. GRANTS TO ENCOURAGE ARREST AND ‘‘(C) the development of such protocols in ENFORCE PROTECTION ORDERS IM- ‘‘(2) INDIAN TRAINING.—The Director of the collaboration with State, tribal, territorial PROVEMENTS. Office on Violence Against Women shall en- and local victim service providers and do- (a) AUTHORIZATION OF APPROPRIATIONS.— sure that training or technical assistance re- mestic violence coalitions. Section 1001(a)(19) of title I of the Omnibus garding violence against Indian women will Any law enforcement, State, tribal, terri- Crime Control and Safe Streets Act of 1968 be developed and provided by entities having torial, or local government agency receiving (42 U.S.C. 3793(a)(19)) is amended by striking expertise in tribal law, customary practices, funding under the Crystal Judson Domestic ‘‘$65,000,000 for each of fiscal years 2001 and Federal Indian law.’’. Violence Protocol Program under paragraph through 2005’’ and inserting ‘‘$75,000,000 for (f) AVAILABILITY OF FORENSIC MEDICAL (14) shall on an annual basis, receive addi- each of fiscal years 2007 through 2011. Funds EXAMS.—Section 2010 of the Omnibus Crime tional training on the topic of incidents of appropriated under this paragraph shall re- domestic violence committed by law enforce- Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by adding at the main available until expended.’’. ment personnel from domestic violence and (b) GRANTEE REQUIREMENTS.—Section 2101 sexual assault nonprofit organizations and, end the following: ‘‘(c) USE OF FUNDS.—A State or Indian trib- of the Omnibus Crime Control and Safe after a period of 2 years, provide a report of al government may use Federal grant funds Streets Act of 1968 (42 U.S.C. 3796hh) is the adopted protocol to the Department of under this part to pay for forensic medical amended— Justice, including a summary of progress in exams performed by trained examiners for (1) in subsection (a), by striking ‘‘to treat implementing such protocol.’’. victims of sexual assault, except that such domestic violence as a serious violation’’ and (c) CLARIFICATION OF ACTIVITIES REGARDING funds may not be used to pay for forensic inserting ‘‘to treat domestic violence, dating UNDERSERVED POPULATIONS.—Section 2007 of medical exams by any State, Indian tribal violence, sexual assault, and stalking as seri- the Omnibus Crime Control and Safe Streets government, or territorial government that ous violations’’; Act of 1968 (42 U.S.C. 3796gg–1) is amended— requires victims of sexual assault to seek re- (2) in subsection (b)— (1) in subsection (c)(2), by inserting before imbursement for such exams from their in- (A) in the matter before paragraph (1), by the semicolon the following: ‘‘and describe surance carriers. inserting after ‘‘State’’ the following: ‘‘, trib- how the State will address the needs of un- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in al, territorial,’’; derserved populations’’; and this section shall be construed to permit a (B) in paragraph (1), by— (2) in subsection (e)(2), by striking subpara- State, Indian tribal government, or terri- (i) striking ‘‘mandatory arrest or’’; and graph (D) and inserting the following: torial government to require a victim of sex- (ii) striking ‘‘mandatory arrest programs ‘‘(D) recognize and meaningfully respond ual assault to participate in the criminal and’’; to the needs of underserved populations and justice system or cooperate with law en- (C) in paragraph (2), by— ensure that monies set aside to fund linguis- forcement in order to be provided with a fo- (i) inserting after ‘‘educational programs,’’ tically and culturally specific services and rensic medical exam, reimbursement for the following: ‘‘protection order registries,’’; activities for underserved populations are charges incurred on account of such an (ii) striking ‘‘domestic violence and dating distributed equitably among those popu- exam, or both. violence’’ and inserting ‘‘domestic violence, lations.’’. ‘‘(e) JUDICIAL NOTIFICATION.— dating violence, sexual assault, and stalking. (d) TRIBAL AND TERRITORIAL SETASIDES.— ‘‘(1) IN GENERAL.—A State or unit of local Policies, educational programs, protection Section 2007 of the Omnibus Crime Control government shall not be entitled to funds order registries, and training described in and Safe Streets Act of 1968 (42 U.S.C. 3796gg– under this part unless the State or unit of this paragraph shall incorporate confiden- 1) is amended— local government— tiality, and privacy protections for victims (1) in subsection (b)— ‘‘(A) certifies that its judicial administra- of domestic violence, dating violence, sexual (A) in paragraph (1), by striking ‘‘5 per- tive policies and practices include notifica- assault, and stalking’’; cent’’ and inserting ‘‘10 percent’’; tion to domestic violence offenders of the re- (D) in paragraph (3), by— (B) in paragraph (2), striking by ‘‘1⁄54’’ and quirements delineated in section 922(g)(8) (i) striking ‘‘domestic violence cases’’ and inserting ‘‘1⁄56’’; and (g)(9) of title 18, United States Code, and inserting ‘‘domestic violence, dating vio- (C) in paragraph (3), by striking ‘‘and the any applicable related Federal, State, or lence, sexual assault, and stalking cases’’; coalition for the combined Territories of the local laws; or and United States, each receiving an amount ‘‘(B) gives the Attorney General assurances (ii) striking ‘‘groups’’ and inserting equal to 1⁄54’’ and inserting ‘‘coalitions for that its judicial administrative policies and ‘‘teams’’; Guam, American Samoa, the United States practices will be in compliance with the re- (E) in paragraph (5), by striking ‘‘domestic Virgin Islands, and the Commonwealth of quirements of subparagraph (A) within the violence and dating violence’’ and inserting the Northern Mariana Islands, each receiving later of— ‘‘domestic violence, dating violence, sexual an amount equal to 1⁄56’’; and ‘‘(i) the period ending on the date on which assault, and stalking’’; (D) in paragraph (4), by striking ‘‘1⁄54’’ and the next session of the State legislature (F) in paragraph (6), by— inserting ‘‘1⁄56’’; ends; or (i) striking ‘‘other’’ and inserting ‘‘civil’’; (2) in subsection (c)(3)(B), by inserting ‘‘(ii) 2 years. and after ‘‘victim services’’ the following: ‘‘, of ‘‘(2) REDISTRIBUTION.—Funds withheld from (ii) inserting after ‘‘domestic violence’’ the which at least 10 percent shall be distributed a State or unit of local government under following: ‘‘, dating violence, sexual assault, to culturally specific community-based orga- subsection (a) shall be distributed to other and stalking’’; and nization’’; and States and units of local government, pro (G) by adding at the end the following: (3) in subsection (d)— rata.’’. ‘‘(9) To develop State, tribal, territorial, or (A) in paragraph (3), by striking the period (g) POLYGRAPH TESTING PROHIBITION.—Part local policies, procedures, and protocols for and inserting ‘‘; and’’; and T of title I of the Omnibus Crime Control preventing dual arrests and prosecutions in (B) by adding at the end the following: and Safe Streets Act of 1968 (42 U.S.C. 3796gg cases of domestic violence, dating violence,

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00192 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13881 sexual assault, and stalking, and to develop be made available in accordance with sub- Judiciary, and Related Agencies Appropria- effective methods for identifying the pattern paragraph (B); or tions Act, 1998 (Public Law 105–119; 111 Stat. and history of abuse that indicates which ‘‘(2) gives the Attorney General assurances 2510) is amended— party is the actual perpetrator of abuse. that it laws and regulations will be in com- (1) in subsection (a)(2)(C)— ‘‘(10) To plan, develop and establish compliance with requirements of paragraph (1) (A) in the matter preceding clause (i), by prehensive victim service and support cen- within the later of— striking ‘‘using funds derived from a source ters, such as family justice centers, designed ‘‘(A) the period ending on the date on other than the Corporation to provide’’ and to bring together victim advocates from non- which the next session of the State legisla- inserting ‘‘providing’’; profit, non-governmental victim services or- ture ends; or (B) in clause (i), by striking ‘‘in the United ganizations, law enforcement officers, pros- ‘‘(B) 2 years. States’’ and all that follows and inserting ecutors, probation officers, governmental ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not ‘‘or a victim of sexual assault or trafficking victim assistants, forensic medical profes- less than 10 percent of the total amount in the United States, or qualifies for immi- sionals, civil legal attorneys, chaplains, made available for grants under this section gration relief under section 101(a)(15)(U) of legal advocates, representatives from com- for each fiscal year shall be available for the Immigration and Nationality Act (8 munity-based organizations and other rel- grants to Indian tribal governments.’’. U.S.C. 1101(a)(15)(U)); or’’; and evant public or private agencies or organiza- (c) APPLICATIONS.—Section 2102(b) of the (C) in clause (ii), by striking ‘‘has been bat- Omnibus Crime Control and Safe Streets Act tions into one centralized location, in order tered’’ and all that follows and inserting ‘‘, of 1968 (42 U.S.C. 3796hh–1(b)) is amended in to improve safety, access to services, and without the active participation of the alien, each of paragraphs (1) and (2) by inserting confidentiality for victims and families. Al- has been battered or subjected to extreme after ‘‘involving domestic violence’’ the fol- though funds may be used to support the co- cruelty or a victim of sexual assault or traf- lowing: ‘‘, dating violence, sexual assault, or location of project partners under this para- ficking in the United States, or qualifies for graph, funds may not support construction stalking’’. (d) TRAINING, TECHNICAL ASSISTANCE, CON- immigration relief under section 101(a)(15)(U) or major renovation expenses or activities of the Immigration and Nationality Act (8 that fall outside of the scope of the other FIDENTIALITY.—Part U of title I of the Omni- bus Crime Control and Safe Streets Act of U.S.C. 1101(a)(15)(U)).’’; and statutory purpose areas. (2) in subsection (b)(2), by striking ‘‘de- ‘‘(11) To develop and implement policies 1968 (42 U.S.C. 3796hh et seq.) is amended by adding at the end the following: scribed in such subsection’’ and inserting ‘‘, and training for police, prosecutors, proba- sexual assault or trafficking, or the crimes tion and parole officers, and the judiciary in ‘‘SEC. 2106. TRAINING AND TECHNICAL ASSIST- ANCE. listed in section 101(a)(15)(U)(iii) of the Im- recognizing, investigating, and prosecuting ‘‘Of the total amounts appropriated under migration and Nationality Act (8 U.S.C. instances of sexual assault, with an emphasis this part, not less than 5 percent and up to 1101(a)(15)(U)(iii))’’. on recognizing the threat to the community 8 percent shall be available for providing (b) SAVINGS PROVISION.—Nothing in this for repeat crime perpetration by such indi- training and technical assistance relating to Act, or the amendments made by this Act, viduals. the purpose areas of this part to improve the shall be construed to restrict the legal as- ‘‘(12) To develop, enhance, and maintain capacity of grantees and other entities.’’. sistance provided to victims of trafficking protection order registries. SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IM- and certain family members authorized ‘‘(13) To develop human immunodeficiency PROVEMENTS. under section 107(b)(1) of the Trafficking Vic- virus (HIV) testing programs for sexual as- Section 1201 of the Violence Against tims Protection Act of 2000 (22 U.S.C. sault perpetrators and notification and coun- Women Act of 2000 (42 U.S.C. 3796gg–6) is 7105(b)(1)). seling protocols.’’;— amended— SEC. 105. THE VIOLENCE AGAINST WOMEN ACT (3) in subsection (c)— (1) in subsection (a), by— COURT TRAINING AND IMPROVE- (A) in paragraph (3), by striking ‘‘and’’ (A) inserting before ‘‘legal assistance’’ the MENTS. after the semicolon; following: ‘‘civil and criminal’’; (a) VIOLENCE AGAINST WOMEN ACT COURT (B) in paragraph (4), by striking the period (B) inserting after ‘‘effective aid to’’ the TRAINING AND IMPROVEMENTS.—The Violence and inserting ‘‘; and’’; and following: ‘‘adult and youth’’; and Against Women Act of 1994 (108 Stat. 1902 et (C) by adding at the end the following: (C) inserting at the end the following: seq.) is amended by adding at the end the fol- ‘‘(5) certify that, not later than 3 years ‘‘Criminal legal assistance provided for lowing: after the date of enactment of this section, under this section shall be limited to crimi- ‘‘Subtitle J—Violence Against Women Act their laws, policies, or practices will ensure nal matters relating to domestic violence, Court Training and Improvements that— sexual assault, dating violence, and stalk- ‘‘(A) no law enforcement officer, pros- ‘‘SEC. 41001. SHORT TITLE. ing.’’; ‘‘This subtitle may be cited as the ‘Vio- ecuting officer or other government official (2) by striking subsection (b) and inserting shall ask or require an adult, youth, or child lence Against Women Act Court Training the following: and Improvements Act of 2005’. victim of a sex offense as defined under Fed- ‘‘(b) DEFINITIONS.—In this section, the defi- eral, tribal, State, territorial, or local law to nitions provided in section 40002 of the Vio- ‘‘SEC. 41002. PURPOSE. submit to a polygraph examination or other lence Against Women Act of 1994 shall ‘‘The purpose of this subtitle is to enable truth telling device as a condition for pro- apply.’’; the Attorney General, though the Director of ceeding with the investigation of such an of- (3) in subsection (c), by inserting ‘‘and trib- the Office on Violence Against Women, to fense; and al organizations, territorial organizations’’ award grants to improve court responses to ‘‘(B) the refusal of a victim to submit to an after ‘‘Indian tribal governments’’; adult and youth domestic violence, dating examination described in subparagraph (A) (4) in subsection (d) by striking paragraph violence, sexual assault, and stalking to be shall not prevent the investigation of the of- (2) and inserting the following: used for— fense.’’; and ‘‘(2) any training program conducted in ‘‘(1) improved internal civil and criminal (4) by striking subsections (d) and (e) and satisfaction of the requirement of paragraph court functions, responses, practices, and inserting the following: (1) has been or will be developed with input procedures; ‘‘(d) SPEEDY NOTICE TO VICTIMS.—A State from and in collaboration with a tribal, ‘‘(2) education for court-based and court- or unit of local government shall not be enti- State, territorial, or local domestic violence, related personnel on issues relating to vic- tled to 5 percent of the funds allocated under dating violence, sexual assault or stalking tims’ needs, including safety, security, pri- this part unless the State or unit of local organization or coalition, as well as appro- vacy, confidentiality, and economic inde- government— priate tribal, State, territorial, and local law pendence, as well as information about per- ‘‘(1) certifies that it has a law or regula- enforcement officials;’’. petrator behavior and best practices for tion that requires— (5) in subsection (e), by inserting ‘‘dating holding perpetrators accountable; ‘‘(A) the State or unit of local government violence,’’ after ‘‘domestic violence,’’; and ‘‘(3) collaboration and training with Fed- at the request of a victim to administer to a (6) in subsection (f)— eral, State, tribal, territorial, and local pub- defendant, against whom an information or (A) by striking paragraph (1) and inserting lic agencies and officials and nonprofit, non- indictment is presented for a crime in which the following: governmental organizations to improve im- by force or threat of force the perpetrator ‘‘(1) IN GENERAL.—There is authorized to be plementation and enforcement of relevant compels the victim to engage in sexual ac- appropriated to carry out this section Federal, State, tribal, territorial, and local tivity, testing for the immunodeficiency $65,000,000 for each of fiscal years 2007 law; virus (HIV) not later than 48 hours after the through 2011.’’; and ‘‘(4) enabling courts or court-based or date on which the information or indictment (B) in paragraph (2)(A), by— court-related programs to develop new or en- is presented; (i) striking ‘‘5 percent’’ and inserting ‘‘10 hance current— ‘‘(B) as soon as practicable notification to percent’’; and ‘‘(A) court infrastructure (such as special- the victim, or parent and guardian of the (ii) inserting ‘‘adult and youth’’ after ized courts, dockets, intake centers, or inter- victim, and defendant of the testing results; ‘‘that assist’’. preter services); and SEC. 104. ENSURING CRIME VICTIM ACCESS TO ‘‘(B) community-based initiatives within ‘‘(C) follow-up tests for HIV as may be LEGAL SERVICES. the court system (such as court watch pro- medically appropriate, and that as soon as (a) IN GENERAL.—Section 502 of the Depart- grams, victim assistants, or community- practicable after each such test the results ment of Commerce, Justice, and State, the based supplementary services);

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00193 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 S13882 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(C) offender management, monitoring, ‘‘(b) ELIGIBLE ENTITIES.—Any curricula de- issued as part of a protection order, restrain- and accountability programs; veloped under this section— ing order, or injunction pursuant to State, ‘‘(D) safe and confidential information- ‘‘(1) shall be developed by a tribal organiza- tribal, territorial, or local law authorizing storage and -sharing databases within and tion having demonstrated expertise in devel- the issuance of protection orders, restraining between court systems; oping judicial education curricula on issues orders, or injunctions for the protection of ‘‘(E) education and outreach programs to relating to domestic violence, dating vio- victims of domestic violence, sexual assault, improve community access, including en- lence, sexual assault, and stalking; or dating violence, or stalking.’’; and hanced access for underserved populations; ‘‘(2) if the primary grantee does not have (2) in clauses (i) and (ii) of paragraph and such expertise, the curricula shall be devel- (7)(A), by striking ‘‘2261A, a spouse or former ‘‘(F) other projects likely to improve court oped by the primary grantee through part- spouse of the abuser, a person who shares a responses to domestic violence, dating vio- nership with organizations having such ex- child in common with the abuser, and a per- lence, sexual assault, and stalking; and pertise. son who cohabits or has cohabited as a ‘‘(5) providing technical assistance to Fed- ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIA- spouse with the abuser’’ and inserting eral, State, tribal, territorial, or local courts TIONS. ‘‘2261A— wishing to improve their practices and pro- ‘‘(a) IN GENERAL.—There is authorized to ‘‘(I) a spouse or former spouse of the cedures or to develop new programs. be appropriated to carry out this subtitle abuser, a person who shares a child in com- ‘‘SEC. 41003. GRANT REQUIREMENTS. $5,000,000 for each of fiscal years 2007 to 2011. mon with the abuser, and a person who co- ‘‘Grants awarded under this subtitle shall ‘‘(b) AVAILABILITY.—Funds appropriated habits or has cohabited as a spouse with the be subject to the following conditions: under this section shall remain available abuser; or ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees until expended and may only be used for the ‘‘(II) a person who is or has been in a social may include— specific programs and activities described in relationship of a romantic or intimate na- ‘‘(A) Federal, State, tribal, territorial, or this subtitle. ture with the abuser, as determined by the local courts or court-based programs; and ‘‘(c) SET ASIDE.—Of the amounts made length of the relationship, the type of rela- ‘‘(B) national, State, tribal, territorial, or available under this subsection in each fiscal tionship, and the frequency of interaction local private, nonprofit organizations with year, not less than 10 percent shall be used between the persons involved in the relation- demonstrated expertise in developing and for grants for tribal courts, tribal court-re- ship’’. providing judicial education about domestic lated programs, and tribal nonprofits.’’. SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS violence, dating violence, sexual assault, or SEC. 106. FULL FAITH AND CREDIT IMPROVE- OF DOMESTIC VIOLENCE, DATING stalking. MENTS. VIOLENCE, SEXUAL VIOLENCE, AND STALKING. ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eli- (a) ENFORCEMENT OF PROTECTION ORDERS gible for a grant under this section, appli- The Violence Against Women Act of 1994 ISSUED BY TERRITORIES.—Section 2265 of title (108 Stat. 1902 et seq.) is amended by adding cants shall certify in writing that— 18, United States Code, is amended by— at the end the following: ‘‘(A) any courts or court-based personnel (1) striking ‘‘or Indian tribe’’ each place it working directly with or making decisions appears and inserting ‘‘, Indian tribe, or ter- ‘‘Subtitle K—Privacy Protections for Victims about adult or youth parties experiencing ritory’’; and of Domestic Violence, Dating Violence, Sex- domestic violence, dating violence, sexual (2) striking ‘‘State or tribal’’ each place it ual Violence, and Stalking assault, and stalking have completed or will appears and inserting ‘‘State, tribal, or terri- ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY complete education about domestic violence, torial’’. AND CONFIDENTIALITY OF VICTIMS dating violence, sexual assault, and stalking; OF DOMESTIC VIOLENCE, DATING (b) CLARIFICATION OF ENTITIES HAVING EN- VIOLENCE, SEXUAL ASSAULT, AND ‘‘(B) any education program developed FORCEMENT AUTHORITY AND RESPONSIBIL- STALKING. under section 41002 has been or will be devel- ITIES.—Section 2265(a) of title 18, United ‘‘The Attorney General, through the Direc- oped with significant input from and in col- States Code, is amended by striking ‘‘and en- tor of the Office on Violence Against Women, laboration with a national, tribal, State, ter- forced as if it were’’ and inserting ‘‘and en- may award grants under this subtitle to ritorial, or local victim services provider or forced by the court and law enforcement per- States, Indian tribes, territories, or local coalition; and sonnel of the other State, Indian tribal gov- agencies or nonprofit, nongovernmental or- ‘‘(C) the grantee’s internal organizational ernment or Territory as if it were’’. ganizations to ensure that personally identi- policies, procedures, or rules do not require (c) LIMITS ON INTERNET PUBLICATION OF fying information of adult, youth, and child mediation or counseling between offenders PROTECTION ORDER INFORMATION.—Section victims of domestic violence, sexual vio- and victims physically together in cases 2265(d) of title 18, United States Code, is lence, stalking, and dating violence shall not where domestic violence, dating violence, amended by adding at the end the following: be released or disclosed to the detriment of sexual assault, or stalking is an issue. ‘‘(3) LIMITS ON INTERNET PUBLICATION OF such victimized persons. ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA. REGISTRATION INFORMATION.—A State, Indian ‘‘SEC. 41102. PURPOSE AREAS. ‘‘(a) IN GENERAL.—The Attorney General, tribe, or territory shall not make available ‘‘Grants made under this subtitle may be through the Director of the Office on Vio- publicly on the Internet any information re- used— lence Against Women, shall fund efforts to garding the registration or filing of a protec- ‘‘(1) to develop or improve protocols, proce- develop a national education curriculum for tion order, restraining order, or injunction dures, and policies for the purpose of pre- use by State and national judicial educators in either the issuing or enforcing State, trib- venting the release of personally identifying to ensure that all courts and court personnel al or territorial jurisdiction, if such publica- information of victims (such as developing have access to information about relevant tion would be likely to publicly reveal the alternative identifiers); Federal, State, territorial, or local law, identity or location of the party protected ‘‘(2) to defray the costs of modifying or im- promising practices, procedures, and policies under such order. A State, Indian tribe, or proving existing databases, registries, and regarding court responses to adult and youth territory may share court-generated and law victim notification systems to ensure that domestic violence, dating violence, sexual enforcement-generated information con- personally identifying information of vic- assault, and stalking. tained in secure, governmental registries for tims is protected from release, unauthorized ‘‘(b) ELIGIBLE ENTITIES.—Any curricula de- protection order enforcement purposes.’’. information sharing and disclosure; veloped under this section— (d) DEFINITIONS.—Section 2266 of title 18, ‘‘(3) to develop confidential opt out sys- ‘‘(1) shall be developed by an entity or enti- United States Code, is amended— tems that will enable victims of violence to ties having demonstrated expertise in devel- (1) by striking paragraph (5) and inserting make a single request to keep personally oping judicial education curricula on issues the following: identifying information out of multiple data- relating to domestic violence, dating vio- ‘‘(5) PROTECTION ORDER.—The term ‘protec- bases, victim notification systems, and reg- lence, sexual assault, and stalking; or tion order’ includes— istries; or ‘‘(2) if the primary grantee does not have ‘‘(A) any injunction, restraining order, or ‘‘(4) to develop safe uses of technology demonstrated expertise with such issues, any other order issued by a civil or criminal (such as notice requirements regarding elec- shall be developed by the primary grantee in court for the purpose of preventing violent tronic surveillance by government entities), partnership with an organization having or threatening acts or harassment against, to protect against abuses of technology (such such expertise. sexual violence, or contact or communica- as electronic or GPS stalking), or providing ‘‘SEC. 41005. TRIBAL CURRICULA. tion with or physical proximity to, another training for law enforcement on high tech ‘‘(a) IN GENERAL.—The Attorney General, person, including any temporary or final electronic crimes of domestic violence, dat- through the Office on Violence Against order issued by a civil or criminal court ing violence, sexual assault, and stalking. Women, shall fund efforts to develop edu- whether obtained by filing an independent ‘‘SEC. 41103. ELIGIBLE ENTITIES. cation curricula for tribal court judges to en- action or as a pendente lite order in another ‘‘Entities eligible for grants under this sure that all tribal courts have relevant in- proceeding so long as any civil or criminal subtitle include— formation about promising practices, proce- order was issued in response to a complaint, ‘‘(1) jurisdictions or agencies within juris- dures, policies, and law regarding tribal petition, or motion filed by or on behalf of a dictions having authority or responsibility court responses to adult and youth domestic person seeking protection; and for developing or maintaining public data- violence, dating violence, sexual assault, and ‘‘(B) any support, child custody or visita- bases, registries or victim notification sys- stalking. tion provisions, orders, remedies or relief tems;

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00194 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.204 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13883 ‘‘(2) nonprofit nongovernmental victim ad- Trafficking Victims Protection Act of 2000 (iii) in subparagraph (B) (as redesignated), vocacy organizations having expertise re- (22 U.S.C. 7102). by striking ‘‘to initiate or expand’’ and in- garding confidentiality, privacy, and infor- (2) ELIGIBLE ENTITY.—The term ‘‘eligible serting ‘‘to initiate, sustain, and expand’’; mation technology and how these issues are entity’’ means a State or a local govern- and likely to impact the safety of victims; ment. (B) in the first sentence of paragraph (2)— ‘‘(3) States or State agencies; (3) STATE.—The term ‘‘State’’ means any (i) by striking ‘‘(1)(a)’’ and inserting ‘‘(4) local governments or agencies; State of the United States, the District of ‘‘(1)(A)’’; and ‘‘(5) Indian tribal governments or tribal or- Columbia, the Commonwealth of Puerto (ii) striking ‘‘to initiate and to expand’’ ganizations; Rico, Guam, the United States Virgin Is- and inserting ‘‘to initiate, sustain, and ex- ‘‘(6) territorial governments, agencies, or lands, the Commonwealth of the Northern pand’’; and organizations; or Mariana Islands, American Samoa, and any (3) by adding at the end the following: ‘‘(7) nonprofit nongovernmental victim ad- other territory or possession of the United ‘‘(d) BACKGROUND CHECKS.—State and local vocacy organizations, including statewide States. Court Appointed Special Advocate programs domestic violence and sexual assault coali- (4) VICTIM OF TRAFFICKING.—The term ‘‘vic- are authorized to request fingerprint-based tions. tim of trafficking’’ means a person subjected criminal background checks from the Fed- ‘‘SEC. 41104. GRANT CONDITIONS. to an act of trafficking. eral Bureau of Investigation’s criminal his- ‘‘Applicants described in paragraph (1) and (b) GRANTS AUTHORIZED.—The Attorney tory database for prospective volunteers. paragraphs (3) through (6) shall demonstrate General may award grants to eligible enti- The requesting program is responsible for that they have entered into a significant ties to provide training to State and local the reasonable costs associated with the Fed- partnership with a State, tribal, territorial, law enforcement personnel to identify and eral records check.’’. or local victim service or advocacy organiza- protect victims of trafficking. (d) REPORT.—Subtitle B of title II of the (c) USE OF FUNDS.—A grant awarded under tion or condition in order to develop safe, Victims of Child Abuse Act of 1990 (42 U.S.C. this section shall be used to— confidential, and effective protocols, proce- 13011 et seq.) is amended— (1) train law enforcement personnel to dures, policies, and systems for protecting (1) by redesignating section 218 as section identify and protect victims of trafficking, personally identifying information of vic- 219; and including training such personnel to utilize tims. (2) by inserting after section 217 the fol- Federal, State, or local resources to assist lowing new section: ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIA- victims of trafficking; TIONS. ‘‘SEC. 218. REPORT. (2) train law enforcement or State or local ‘‘(a) IN GENERAL.—There is authorized to ‘‘(a) REPORT REQUIRED.—Not later than De- prosecutors to identify, investigate, or pros- cember 31, 2006, the Inspector General of the be appropriated to carry out this subtitle ecute acts of trafficking; or $5,000,000 for each of fiscal years 2007 through Department of Justice shall submit to Con- (3) train law enforcement or State or local gress a report on the types of activities fund- 2011. prosecutors to utilize laws that prohibit acts ‘‘(b) TRIBAL ALLOCATION.—Of the amount ed by the National Court-Appointed Special of trafficking and to assist in the develop- Advocate Association and a comparison of made available under this section in each fis- ment of State and local laws to prohibit acts cal year, 10 percent shall be used for grants outcomes in cases where court-appointed of trafficking. special advocates are involved and cases to Indian tribes for programs that assist vic- (d) RESTRICTIONS.— where court-appointed special advocates are tims of domestic violence, dating violence, (1) ADMINISTRATIVE EXPENSES.—An eligible not involved. stalking, and sexual assault. entity that receives a grant under this sec- ‘‘(b) ELEMENTS OF REPORT.—The report ‘‘(c) TECHNICAL ASSISTANCE AND TRAIN- tion may use not more than 5 percent of the ING.—Of the amount made available under submitted under subsection (a) shall include total amount of such grant for administra- information on the following: this section in each fiscal year, not less than tive expenses. 5 percent shall be used for grants to organi- ‘‘(1) The types of activities the National (2) NONEXCLUSIVITY.—Nothing in this sec- Court-Appointed Special Advocate Associa- zations that have expertise in confiden- tion may be construed to restrict the ability tiality, privacy, and technology issues im- tion has funded since 1993. of an eligible entity to apply for or obtain ‘‘(2) The outcomes in cases where court-ap- pacting victims of domestic violence, dating funding from any other source to carry out violence, sexual assault, and stalking to pro- pointed special advocates are involved as the training described in subsection (c). compared to cases where court-appointed vide technical assistance and training to (e) AUTHORIZATION OF APPROPRIATIONS.— special advocates are not involved, includ- grantees and non-grantees on how to im- There are authorized to be appropriated ing— prove safety, privacy, confidentiality, and $10,000,000 for each of the fiscal years 2007 ‘‘(A) the length of time a child spends in technology to protect victimized persons.’’. through 2011 to carry out the provisions of foster care; SEC. 108. SEX OFFENDER MANAGEMENT. this section. ‘‘(B) the extent to which there is an in- Section 40152 of the Violent Crime Control SEC. 112. REAUTHORIZATION OF THE COURT-AP- creased provision of services; and Law Enforcement Act of 1994 (42 U.S.C. POINTED SPECIAL ADVOCATE PRO- ‘‘(C) the percentage of cases permanently 13941) is amended by striking subsection (c) GRAM. closed; and and inserting the following: (a) FINDINGS.—Section 215 of the Victims of ‘‘(D) achievement of the permanent plan ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Child Abuse Act of 1990 (42 U.S.C. 13011) is for reunification or adoption.’’. There are authorized to be appropriated to amended by striking paragraphs (1) and (2) (e) AUTHORIZATION OF APPROPRIATIONS.— carry out this section $3,000,000 for each of and inserting the following: (1) AUTHORIZATION.—Section 219 of the Vic- fiscal years 2007 through 2011.’’. ‘‘(1) Court Appointed Special Advocates, tims of Child Abuse Act of 1990, as redesig- SEC. 109. STALKER DATABASE. who may serve as guardians ad litem, are trained volunteers appointed by courts to ad- nated by subsection (d), is amended by strik- Section 40603 of the Violence Against vocate for the best interests of children who ing subsection (a) and inserting the fol- Women Act of 1994 (42 U.S.C. 14032) is amend- are involved in the juvenile and family court lowing: ed— system due to abuse or neglect; and ‘‘(a) AUTHORIZATION.—There is authorized (1) by striking ‘‘2001’’ and inserting ‘‘2007’’; ‘‘(2) in 2003, Court Appointed Special Advo- to be appropriated to carry out this subtitle and cate volunteers represented 288,000 children, $12,000,000 for each of fiscal years 2007 (2) by striking ‘‘2006’’ and inserting ‘‘2011’’. more than 50 percent of the estimated 540,000 through 2011.’’. SEC. 110. FEDERAL VICTIM ASSISTANTS REAU- children in foster care because of substan- (2) PROHIBITION ON LOBBYING.—Section 219 THORIZATION. tiated cases of child abuse or neglect.’’. of the Victims of Child Abuse Act of 1990, as Section 40114 of the Violence Against (b) IMPLEMENTATION DATE.—Section 216 of redesignated by subsection (d) and amended Women Act of 1994 (Public Law 103–322) is the Victims of Child Abuse Act of 1990 (42 by paragraphs (1) and (2), is further amended amended to read as follows: U.S.C. 13012) is amended by striking ‘‘Janu- by adding at the end the following new sub- ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VIC- ary 1, 1995’’ and inserting ‘‘January 1, 2010’’. section: TIM ASSISTANTS. (c) CLARIFICATION OF PROGRAM GOALS.— ‘‘(c) PROHIBITION ON LOBBYING.—No funds ‘‘There are authorized to be appropriated Section 217 of the Victims of Child Abuse Act authorized under this subtitle may be used for the United States attorneys for the pur- of 1990 (42 U.S.C. 13013) is amended— for lobbying activities in contravention of pose of appointing victim assistants for the (1) in subsection (a), by striking ‘‘to ex- OMB Circular No. A–122.’’. prosecution of sex crimes and domestic vio- pand’’ and inserting ‘‘to initiate, sustain, SEC. 113. PREVENTING CYBERSTALKING. lence crimes where applicable (such as the and expand’’; (a) IN GENERAL.—Paragraph (1) of section District of Columbia), $1,000,000 for each of (2) subsection (b)— 223(h) of the Communications Act of 1934 (47 fiscal years 2007 through 2011.’’. (A) in paragraph (1)— U.S.C. 223(h)(1)) is amended— SEC. 111. GRANTS FOR LAW ENFORCEMENT (i) by striking ‘‘subsection (a) shall be’’ (1) in subparagraph (A), by striking ‘‘and’’ TRAINING PROGRAMS. and inserting the following: ‘‘subsection (a)— at the end; (a) DEFINITIONS.—In this section: ‘‘(A) shall be’’; (2) in subparagraph (B), by striking the pe- (1) ACT OF TRAFFICKING.—The term ‘‘act of (ii) by striking ‘‘(2) may be’’ and inserting riod at the end and inserting ‘‘; and’’; and trafficking’’ means an act or practice de- the following: (3) by adding at the end the following new scribed in paragraph (8) of section 103 of the ‘‘(B) may be’’; and subparagraph:

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00195 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.205 S16DEPT1 S13884 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(C) in the case of subparagraph (C) of sub- ‘‘(b) DEFINITION.—For purposes of this sec- the extent to which men, women, youth, and section (a)(1), includes any device or soft- tion— children are victims of domestic violence, ware that can be used to originate tele- ‘‘(1) the term ‘prior domestic violence or dating violence, sexual assault, and stalking communications or other types of commu- stalking offense’ means a conviction for an and the availability to all victims of shelter, nications that are transmitted, in whole or offense— counseling, legal representation, and other in part, by the Internet (as such term is de- ‘‘(A) under section 2261, 2261A, or 2262 of services commonly provided to victims of do- fined in section 1104 of the Internet Tax this chapter; or mestic violence. Freedom Act (47 U.S.C. 151 note)).’’. ‘‘(B) under State law for an offense con- (b) ACTIVITIES UNDER STUDY.—In con- (b) RULE OF CONSTRUCTION.—This section sisting of conduct that would have been an ducting the study, the following shall apply: and the amendment made by this section offense under a section referred to in sub- (1) CRIME STATISTICS.—The Comptroller may not be construed to affect the meaning paragraph (A) if the conduct had occurred General shall not rely only on crime statis- given the term ‘‘telecommunications device’’ within the special maritime and territorial tics, but may also use existing research in section 223(h)(1) of the Communications jurisdiction of the United States, or in inter- available, including public health studies Act of 1934, as in effect before the date of the state or foreign commerce; and and academic studies. enactment of this section. ‘‘(2) the term ‘State’ means a State of the (2) SURVEY.—The Comptroller General SEC. 114. CRIMINAL PROVISION RELATING TO United States, the District of Columbia, or shall survey the Department of Justice, as STALKING. any commonwealth, territory, or possession well as any recipients of Federal funding for (a) INTERSTATE STALKING.—Section 2261A of the United States.’’. any purpose or an appropriate sampling of of title 18, United States Code, is amended to SEC. 116. PROHIBITING DATING VIOLENCE. recipients, to determine— read as follows: (a) IN GENERAL.—Section 2261(a) of title 18, (A) what services are provided to victims ‘‘§ 2261A. Stalking United States Code, is amended— of domestic violence, dating violence, sexual ‘‘Whoever— (1) in paragraph (1), striking ‘‘or intimate assault, and stalking; ‘‘(1) travels in interstate or foreign com- partner’’ and inserting ‘‘, intimate partner, (B) whether those services are made avail- merce or within the special maritime and or dating partner’’; and able to youth, child, female, and male vic- territorial jurisdiction of the United States, (2) in paragraph (2), striking ‘‘or intimate tims; and or enters or leaves Indian country, with the partner’’ and inserting ‘‘, intimate partner, (C) the number, age, and gender of victims intent to kill, injure, harass, or place under or dating partner’’. receiving each available service. (b) DEFINITION.—Section 2266 of title 18, surveillance with intent to kill, injure, har- (c) REPORT.—Not later than 1 year after United States Code, is amended by adding at ass, or intimidate another person, and in the the date of the enactment of this Act, the the end the following: course of, or as a result of, such travel places Comptroller General shall submit to Con- ‘‘(10) DATING PARTNER.—The term ‘dating that person in reasonable fear of the death gress a report on the activities carried out partner’ refers to a person who is or has been of, or serious bodily injury to, or causes sub- under this section. stantial emotional distress to that person, a in a social relationship of a romantic or inti- member of the immediate family (as defined mate nature with the abuser and the exist- SEC. 120. GRANTS FOR OUTREACH TO UNDER- SERVED POPULATIONS. in section 115) of that person, or the spouse ence of such a relationship based on a consid- or intimate partner of that person; or eration of— (a) GRANTS AUTHORIZED.— ‘‘(2) with the intent— ‘‘(A) the length of the relationship; and (1) IN GENERAL.—From amounts made ‘‘(A) to kill, injure, harass, or place under ‘‘(B) the type of relationship; and available to carry out this section, the At- surveillance with intent to kill, injure, har- ‘‘(C) the frequency of interaction between torney General, acting through the Director ass, or intimidate, or cause substantial emo- the persons involved in the relationship.’’. of the Office on Violence Against Women, tional distress to a person in another State SEC. 117. PROHIBITING VIOLENCE IN SPECIAL shall award grants to eligible entities de- or tribal jurisdiction or within the special MARITIME AND TERRITORIAL JURIS- scribed in subsection (b) to carry out local, maritime and territorial jurisdiction of the DICTION. regional, or national public information (a) DOMESTIC VIOLENCE.—Section 2261(a)(1) United States; or campaigns focused on addressing adult, of title 18, United States Code, is amended by ‘‘(B) to place a person in another State or youth, or minor domestic violence, dating vi- inserting after ‘‘Indian country’’ the fol- tribal jurisdiction, or within the special mar- olence, sexual assault, stalking, or traf- lowing: ‘‘or within the special maritime and itime and territorial jurisdiction of the ficking within tribal and underserved popu- territorial jurisdiction of the United United States, in reasonable fear of the lations and immigrant communities, includ- States’’. ing information on services available to vic- death of, or serious bodily injury to— (b) PROTECTION ORDER.—Section 2262(a)(1) tims and ways to prevent or reduce domestic ‘‘(i) that person; of title 18, United States Code, is amended by violence, dating violence, sexual assault, and ‘‘(ii) a member of the immediate family (as inserting after ‘‘Indian country’’ the fol- stalking. defined in section 115 of that person; or lowing: ‘‘or within the special maritime and (2) TERM.—The Attorney General shall ‘‘(iii) a spouse or intimate partner of that territorial jurisdiction of the United award grants under this section for a period person; States’’. of 1 fiscal year. uses the mail, any interactive computer SEC. 118. UPDATING PROTECTION ORDER DEFI- service, or any facility of interstate or for- NITION. (b) ELIGIBLE ENTITIES.—Eligible entities eign commerce to engage in a course of con- Section 534 of title 28, United States Code, under this section are— duct that causes substantial emotional dis- is amended by striking subsection (e)(3)(B) (1) nonprofit, nongovernmental organiza- tress to that person or places that person in and inserting the following: tions or coalitions that represent the tar- reasonable fear of the death of, or serious ‘‘(B) the term ‘protection order’ includes— geted tribal and underserved populations or bodily injury to, any of the persons described ‘‘(i) any injunction, restraining order, or immigrant community that— in clauses (i) through (iii) of subparagraph any other order issued by a civil or criminal (A) have a documented history of creating (B); court for the purpose of preventing violent and administering effective public awareness shall be punished as provided in section or threatening acts or harassment against, campaigns addressing domestic violence, 2261(b) of this title.’’. sexual violence or contact or communication dating violence, sexual assault, and stalking; (b) ENHANCED PENALTIES FOR STALKING.— with or physical proximity to, another per- or Section 2261(b) of title 18, United States son, including any temporary or final orders (B) work in partnership with an organiza- Code, is amended by adding at the end the issued by civil or criminal courts whether tion that has a documented history of cre- following: obtained by filing an independent action or ating and administering effective public ‘‘(6) Whoever commits the crime of stalk- as a pendente lite order in another pro- awareness campaigns addressing domestic ing in violation of a temporary or permanent ceeding so long as any civil order was issued violence, dating violence, sexual assault, and civil or criminal injunction, restraining in response to a complaint, petition, or mo- stalking; or order, no-contact order, or other order de- tion filed by or on behalf of a person seeking (2) a governmental entity that dem- scribed in section 2266 of title 18, United protection; and onstrates a partnership with organizations States Code, shall be punished by imprison- ‘‘(ii) any support, child custody or visita- described in paragraph (1). ment for not less than 1 year.’’. tion provisions, orders, remedies, or relief (c) ALLOCATION OF FUNDS.—Of the amounts SEC. 115. REPEAT OFFENDER PROVISION. issued as part of a protection order, restrain- appropriated for grants under this section— Chapter 110A of title 18, United States ing order, or stay away injunction pursuant (1) not more than 20 percent shall be used Code, is amended by adding after section 2265 to State, tribal, territorial, or local law au- for national model campaign materials tar- the following: thorizing the issuance of protection orders, geted to specific tribal and underserved pop- ‘‘§ 2265A. Repeat offenders restraining orders, or injunctions for the ulations or immigrant community, including ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.— protection of victims of domestic violence, American Indian tribes and Alaskan native The maximum term of imprisonment for a dating violence, sexual assault, or stalk- villages for the purposes of research, testing, violation of this chapter after a prior domes- ing.’’. message development, and preparation of tic violence or stalking offense shall be twice SEC. 119. GAO STUDY AND REPORT. materials; and the term otherwise provided under this chap- (a) STUDY REQUIRED.—The Comptroller (2) the balance shall be used for not less ter. General shall conduct a study to establish than 10 State, regional, territorial, tribal, or

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00196 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.205 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13885 local campaigns targeting specific commu- viding culturally and linguistically specific (2) According to the National Crime Vic- nities with information and materials devel- services and other resources. timization Survey, 248,000 Americans 12 oped through the national campaign or, if (B) The development of innovative cul- years of age and older were raped or sexually appropriate, new materials to reach an un- turally and linguistically specific strategies assaulted in 2002. derserved population or a particularly iso- and projects to enhance access to services (3) Rape and sexual assault in the United lated community. and resources for victims of domestic vio- States is estimated to cost $127,000,000,000 per (d) USE OF FUNDS.—Funds appropriated lence, dating violence, sexual assault, and year, including— under this section shall be used to conduct a stalking who face obstacles to using more (A) lost productivity; public information campaign and build the traditional services and resources. (B) medical and mental health care; capacity and develop leadership of racial, (2) PURPOSES FOR WHICH GRANTS MAY BE (C) police and fire services; ethnic populations, or immigrant commu- USED.—The Director shall make grants to (D) social services; nity members to address domestic violence, community-based programs for the purpose (E) loss of and damage to property; and dating violence, sexual assault, and stalking. of enhancing culturally and linguistically (F) reduced quality of life. (e) APPLICATION.—An eligible entity desir- specific services for victims of domestic vio- (4) Nonreporting of sexual assault in rural ing a grant under this section shall submit lence, dating violence, sexual assault, and areas is a particular problem because of the an application to the Director of the Office stalking. Grants under the program shall high rate of nonstranger sexual assault. on Violence Against Women at such time, in support community-based efforts to address (5) Geographic isolation often compounds such form, and in such manner as the Direc- distinctive cultural and linguistic responses tor may prescribe. to domestic violence, dating violence, sexual the problems facing sexual assault victims. (f) CRITERIA.—In awarding grants under assault, and stalking. The lack of anonymity and accessible support services can limit opportunities for jus- this section, the Attorney General shall en- (3) TECHNICAL ASSISTANCE AND TRAINING.— sure— The Director shall provide technical assist- tice for victims. (1) reasonable distribution among eligible ance and training to grantees of this and (6) Domestic elder abuse is primarily fam- grantees representing various underserved other programs under this Act regarding the ily abuse. The National Elder Abuse Inci- and immigrant communities; development and provision of effective cul- dence Study found that the perpetrator was (2) reasonable distribution among State, turally and linguistically specific commu- a family member in 90 percent of cases. regional, territorial, tribal, and local cam- nity-based services by entering into coopera- (7) Barriers for older victims leaving abu- paigns; tive agreements or contracts with an organi- sive relationships include— (3) that not more than 8 percent of the zation or organizations having a dem- (A) the inability to support themselves; total amount appropriated under this section onstrated expertise in and whose primary (B) poor health that increases their de- for each fiscal year is set aside for training, purpose is addressing the development and pendence on the abuser; technical assistance, and data collection. provision of culturally and linguistically (C) fear of being placed in a nursing home; (g) REPORTS.—Each eligible entity receiv- specific community-based services to victims and ing a grant under this section shall submit of domestic violence, dating violence, sexual (D) ineffective responses by domestic abuse to the Director of the Office of Violence assault, and stalking. programs and law enforcement. Against Women, every 18 months, a report (c) ELIGIBLE ENTITIES.—Eligible entities (8) Disabled women comprise another vul- that describes the activities carried out with for grants under this Section include— nerable population with unmet needs. grant funds. (1) community-based programs whose pri- Women with disabilities are more likely to (h) AUTHORIZATION OF APPROPRIATIONS.— mary purpose is providing culturally and lin- be the victims of abuse and violence than There are authorized to be appropriated to guistically specific services to victims of do- women without disabilities because of their carry out this section $2,000,000 for each of mestic violence, dating violence, sexual as- increased physical, economic, social, or psy- fiscal years 2007 through 2011. sault, and stalking; and chological dependence on others. SEC. 121. ENHANCING CULTURALLY AND LIN- (2) community-based programs whose pri- (9) Many women with disabilities also fail GUISTICALLY SPECIFIC SERVICES mary purpose is providing culturally and lin- to report the abuse, since they are dependent FOR VICTIMS OF DOMESTIC VIO- guistically specific services who can partner LENCE, DATING VIOLENCE, SEXUAL on their abusers and fear being abandoned or ASSAULT, AND STALKING. with a program having demonstrated exper- institutionalized. (a) ESTABLISHMENT.— tise in serving victims of domestic violence, (10) Of the 598 battered women’s programs (1) IN GENERAL.—Of the amounts appro- dating violence, sexual assault, and stalking. surveyed— priated under certain grant programs identi- (d) REPORTING.—The Director shall issue a (A) only 35 percent of these programs of- biennial report on the distribution of funding fied in paragraph (a)(2) of this Section, the fered disability awareness training for their under this section, the progress made in rep- Attorney General, through the Director of staff; and licating and supporting increased services to the Violence Against Women Office (referred (B) only 16 percent dedicated a staff mem- victims of domestic violence, dating vio- to in this section as the ‘‘Director’’), shall ber to provide services to women with dis- lence, sexual assault, and stalking who face take 5 percent of such appropriated amounts abilities. and combine them to establish a new grant obstacles to using more traditional services and resources, and the types of culturally (11) Problems of domestic violence are ex- program to enhance culturally and linguis- acerbated for immigrants when spouses con- tically specific services for victims of domes- and linguistically accessible programs, strategies, technical assistance, and training de- trol the immigration status of their family tic violence, dating violence, sexual assault, members, and abusers use threats of refusal and stalking. Grants made under this new veloped or enhanced through this program. (e) GRANT PERIOD.—The Director shall to file immigration papers and threats to de- program shall be administered by the Direc- award grants for a 2-year period, with a pos- port spouses and children as powerful tools tor. sible extension of another 2 years to imple- to prevent battered immigrant women from (2) PROGRAMS COVERED.—The programs ment projects under the grant. seeking help, trapping battered immigrant covered by paragraph (1) are the programs (f) EVALUATION.—The Director shall award women in violent homes because of fear of carried out under the following provisions: a contract or cooperative agreement to deportation. (A) Section 2101 (42 U.S.C. 3796hh), Grants evaluate programs under this section to an (12) Battered immigrant women who at- to Encourage Arrest Policies. entity with the demonstrated expertise in tempt to flee abusive relationships may not (B) Section 1201 of the Violence Against and primary goal of providing enhanced cul- have access to bilingual shelters or bilingual Women Act of 2000 (42 U.S.C. 3796gg–6), Legal tural and linguistic access to services and re- professionals, and face restrictions on public Assistance for Victims. sources for victims of domestic violence, dat- or financial assistance. They may also lack (C) Section 40295 of the Violence Against ing violence, sexual assault, and stalking assistance of a certified interpreter in court, Women Act of 1994 (42 U.S.C. 13971), Rural who face obstacles to using more traditional when reporting complaints to the police or a Domestic Violence and Child Abuser En- services and resources. forcement Assistance. 9-1-1 operator, or even in acquiring informa- (g) NON-EXCLUSIVITY.—Nothing in this Sec- (D) Section lll of the Violence Against tion about their rights and the legal system. tion shall be interpreted to exclude lin- (13) More than 500 men and women call the Women Act of 1994 (42 U.S.C. lll), Older guistic and culturally specific community- Battered Women. National Domestic Violence Hotline every based programs from applying to other grant day to get immediate, informed, and con- (E) Section lll of the Violence Against programs authorized under this Act. Women Act of 2000 (42 U.S.C. lll), Dis- fidential assistance to help deal with family abled Women Program. TITLE II—IMPROVING SERVICES FOR VIC- violence. (b) PURPOSE OF PROGRAM AND GRANTS.— TIMS OF DOMESTIC VIOLENCE, DATING (14) The National Domestic Violence Hot- (1) GENERAL PROGRAM PURPOSE.—The pur- VIOLENCE, SEXUAL ASSAULT, AND line service is available, toll-free, 24 hours a pose of the program required by this section STALKING day and 7 days a week, with bilingual staff, is to promote: SEC. 201. FINDINGS. access to translators in 150 languages, and a (A) The maintenance and replication of ex- Congress finds the following: TTY line for the hearing-impaired. isting successful services in domestic vio- (1) Nearly 1⁄3 of American women report (15) With access to over 5,000 shelters and lence, dating violence, sexual assault, and physical or sexual abuse by a husband or service providers across the United States, stalking community-based programs pro- boyfriend at some point in their lives. Puerto Rico, and the United States Virgin

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00197 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.205 S16DEPT1 S13886 CONGRESSIONAL RECORD — SENATE December 16, 2005 Islands, the National Domestic Violence Hot- ‘‘(v) community-based, linguistically and ‘‘(B) Up to 5 percent of funds appropriated line provides crisis intervention and imme- culturally specific services and support under this subsection in any year shall be diately connects callers with sources of help mechanisms, including outreach activities available for technical assistance by a na- in their local community. for underserved communities; and tional, nonprofit, nongovernmental organiza- (16) Approximately 60 percent of the callers ‘‘(vi) the development and distribution of tion or organizations whose primary focus indicate that calling the Hotline is their materials on issues related to the services and expertise is in addressing sexual assault first attempt to address a domestic violence described in clauses (i) through (v). within underserved culturally specific popu- situation and that they have not called the ‘‘(3) APPLICATION.— lations. police or any other support services. ‘‘(A) IN GENERAL.—Each eligible entity de- ‘‘(5) TERM.—The Attorney General shall (17) Between 2000 and 2003, there was a 27 siring a grant under this subsection shall make grants under this section for a period percent increase in call volume at the Na- submit an application to the Attorney Gen- of no less than 2 fiscal years. tional Domestic Violence Hotline. eral at such time and in such manner as the ‘‘(6) REPORTING.—Each entity receiving a (18) Improving technology infrastructure Attorney General may reasonably require. grant under this subsection shall submit a at the National Domestic Violence Hotline ‘‘(B) CONTENTS.—Each application sub- report to the Attorney General that de- and training advocates, volunteers, and mitted under subparagraph (A) shall— scribes the activities carried out with such other staff on upgraded technology will dras- ‘‘(i) set forth procedures designed to ensure grant funds. tically increase the Hotline’s ability to an- meaningful involvement of the State or ter- ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND swer more calls quickly and effectively. ritorial sexual assault coalition and rep- TRIBAL SEXUAL ASSAULT COALITIONS.— SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. resentatives from underserved communities ‘‘(1) GRANTS AUTHORIZED.— Part T of title I of the Omnibus Crime Con- in the development of the application and ‘‘(A) IN GENERAL.—The Attorney General trol and Safe Streets Act of 1968 (42 U.S.C. the implementation of the plans; shall award grants to State, territorial, and 3796gg et seq.) is amended by inserting after ‘‘(ii) set forth procedures designed to en- tribal sexual assault coalitions to assist in section 2012, as added by this Act, the fol- sure an equitable distribution of grants and supporting the establishment, maintenance, lowing: grant funds within the State or territory and and expansion of such coalitions. ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES. between urban and rural areas within such ‘‘(B) MINIMUM AMOUNT.—Not less than 10 ‘‘(a) PURPOSES.—The purposes of this sec- State or territory; percent of the total amount appropriated to tion are— ‘‘(iii) identify the State or territorial agen- carry out this section shall be used for ‘‘(1) to assist States, Indian tribes, and ter- cy that is responsible for the administration grants under subparagraph (A). ritories in providing intervention, advocacy, of programs and activities; and ‘‘(C) ELIGIBLE APPLICANTS.—Each of the accompaniment, support services, and re- ‘‘(iv) meet other such requirements as the State, territorial, and tribal sexual assault lated assistance for— Attorney General reasonably determines are coalitions. ‘‘(A) adult, youth, and child victims of sex- necessary to carry out the purposes and pro- ‘‘(2) USE OF FUNDS.—Grant funds received ual assault; visions of this section. under this subsection may be used to— ‘‘(B) family and household members of ‘‘(4) MINIMUM AMOUNT.—The Attorney Gen- ‘‘(A) work with local sexual assault pro- such victims; and eral shall allocate to each State not less grams and other providers of direct services ‘‘(C) those collaterally affected by the vic- than 1.50 percent of the total amount appro- to encourage appropriate responses to sexual timization, except for the perpetrator of priated in a fiscal year for grants under this assault within the State, territory, or tribe; such victimization; section, except that the United States Virgin ‘‘(B) work with judicial and law enforce- ‘‘(2) to provide for technical assistance and Islands, American Samoa, Guam, the Dis- ment agencies to encourage appropriate re- training relating to sexual assault to— trict of Columbia, Puerto Rico, and the Com- sponses to sexual assault cases; ‘‘(A) Federal, State, tribal, territorial and monwealth of the Northern Mariana Islands ‘‘(C) work with courts, child protective local governments, law enforcement agen- shall each be allocated 0.125 percent of the services agencies, and children’s advocates cies, and courts; total appropriations. The remaining funds to develop appropriate responses to child ‘‘(B) professionals working in legal, social shall be allotted to each State and each ter- custody and visitation issues when sexual as- service, and health care settings; ritory in an amount that bears the same sault has been determined to be a factor; ‘‘(C) nonprofit organizations; ratio to such remaining funds as the popu- ‘‘(D) design and conduct public education ‘‘(D) faith-based organizations; and lation of such State and such territory bears campaigns; ‘‘(E) other individuals and organizations to the population of the combined States or ‘‘(E) plan and monitor the distribution of seeking such assistance. the population of the combined territories. grants and grant funds to their State, terri- ‘‘(b) GRANTS TO STATES AND TERRITORIES.— ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC tory, or tribe; or ‘‘(1) GRANTS AUTHORIZED.—The Attorney PROGRAMS ADDRESSING SEXUAL ASSAULT.— ‘‘(F) collaborate with and inform Federal, General shall award grants to States and ter- ‘‘(1) GRANTS AUTHORIZED.—The Attorney State, or local public officials and agencies ritories to support the establishment, main- General shall award grants to eligible enti- to develop and implement policies to reduce tenance, and expansion of rape crisis centers ties to support the establishment, mainte- or eliminate sexual assault. and other programs and projects to assist nance, and expansion of culturally specific ‘‘(3) ALLOCATION AND USE OF FUNDS.—From those victimized by sexual assault. intervention and related assistance for vic- amounts appropriated for grants under this ‘‘(2) ALLOCATION AND USE OF FUNDS.— tims of sexual assault. subsection for each fiscal year— ‘‘(A) ADMINISTRATIVE COSTS.—Not more ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to ‘‘(A) not less than 10 percent of the funds than 5 percent of the grant funds received by receive a grant under this section, an entity shall be available for grants to tribal sexual a State or territory governmental agency shall— assault coalitions; under this subsection for any fiscal year may ‘‘(A) be a private nonprofit organization ‘‘(B) the remaining funds shall be available be used for administrative costs. that focuses primarily on culturally specific for grants to State and territorial coalitions, ‘‘(B) GRANT FUNDS.—Any funds received by communities; and the Attorney General shall allocate an a State or territory under this subsection ‘‘(B) must have documented organizational amount equal to 1⁄56 of the amounts so appro- that are not used for administrative costs experience in the area of sexual assault priated to each of those State and territorial shall be used to provide grants to rape crisis intervention or have entered into a partner- coalitions. centers and other nonprofit, nongovern- ship with an organization having such exper- ‘‘(4) APPLICATION.—Each eligible entity de- mental organizations for programs and ac- tise; siring a grant under this subsection shall tivities within such State or territory that ‘‘(C) have expertise in the development of submit an application to the Attorney Gen- provide direct intervention and related as- community-based, linguistically and cul- eral at such time, in such manner, and con- sistance. turally specific outreach and intervention taining such information as the Attorney ‘‘(C) INTERVENTION AND RELATED ASSIST- services relevant for the specific commu- General determines to be essential to carry ANCE.—Intervention and related assistance nities to whom assistance would be provided out the purposes of this section. under subparagraph (B) may include— or have the capacity to link to existing serv- ‘‘(5) FIRST-TIME APPLICANTS.—No entity ‘‘(i) 24 hour hotline services providing cri- ices in the community tailored to the needs shall be prohibited from submitting an appli- sis intervention services and referral; of culturally specific populations; and cation under this subsection during any fis- ‘‘(ii) accompaniment and advocacy through ‘‘(D) have an advisory board or steering cal year for which funds are available under medical, criminal justice, and social support committee and staffing which is reflective of this subsection because such entity has not systems, including medical facilities, police, the targeted culturally specific community. previously applied or received funding under and court proceedings; ‘‘(3) AWARD BASIS.—The Attorney General this subsection. ‘‘(iii) crisis intervention, short-term indi- shall award grants under this section on a ‘‘(e) GRANTS TO TRIBES.— vidual and group support services, and com- competitive basis. ‘‘(1) GRANTS AUTHORIZED.—The Attorney prehensive service coordination and super- ‘‘(4) DISTRIBUTION.— General may award grants to Indian tribes, vision to assist sexual assault victims and ‘‘(A) The Attorney General shall not use tribal organizations, and nonprofit tribal or- family or household members; more than 2.5 percent of funds appropriated ganizations for the operation of sexual as- ‘‘(iv) information and referral to assist the under this subsection in any year for admin- sault programs or projects in Indian country sexual assault victim and family or house- istration, monitoring, and evaluation of and Alaska Native villages to support the es- hold members; grants made available under this subsection. tablishment, maintenance, and expansion of

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00198 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.205 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13887 programs and projects to assist those victim- ‘‘(B) creating and implementing strategies cal years 2007 through 2011 to carry out this ized by sexual assault. to increase awareness and prevent domestic section. ‘‘(2) ALLOCATION AND USE OF FUNDS.— violence, sexual assault, dating violence, and ‘‘(2) ADDITIONAL FUNDING.—In addition to ‘‘(A) ADMINISTRATIVE COSTS.—Not more stalking. funds received through a grant under sub- than 5 percent of the grant funds received by ‘‘(b) GRANTS AUTHORIZED.—The Attorney section (b), a law enforcement agency may an Indian tribe, tribal organization, and non- General, acting through the Director of the use funds received through a grant under profit tribal organization under this sub- Office on Violence Against Women (referred part Q of title I of the Omnibus Crime Con- section for any fiscal year may be used for to in this section as the ‘Director’), may trol and Safe Streets Act of 1968 (42 U.S.C. administrative costs. award grants to States, Indian tribes, local 3796dd et seq.) to accomplish the objectives ‘‘(B) GRANT FUNDS.—Any funds received governments, and nonprofit, public or pri- of this section.’’. under this subsection that are not used for vate entities, including tribal nonprofit or- SEC. 204. TRAINING AND SERVICES TO END VIO- administrative costs shall be used to provide ganizations, to carry out programs serving LENCE AGAINST WOMEN WITH DIS- grants to tribal organizations and nonprofit rural areas or rural communities that ad- ABILITIES. tribal organizations for programs and activi- dress domestic violence, dating violence, sex- (a) IN GENERAL.—Section 1402 of the Vio- ties within Indian country and Alaskan na- ual assault, and stalking by— lence Against Women Act of 2000 (42 U.S.C. tive villages that provide direct intervention ‘‘(1) implementing, expanding, and estab- 3796gg–7) is amended to read as follows: and related assistance. lishing cooperative efforts and projects ‘‘SEC. 1402. EDUCATION, TRAINING, AND EN- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— among law enforcement officers, prosecu- HANCED SERVICES TO END VIO- ‘‘(1) IN GENERAL.—There are authorized to tors, victim advocacy groups, and other re- LENCE AGAINST AND ABUSE OF be appropriated $50,000,000 for each of the fis- lated parties to investigate and prosecute in- WOMEN WITH DISABILITIES. ‘‘(a) IN GENERAL.—The Attorney General, cal years 2007 through 2011 to carry out the cidents of domestic violence, dating vio- in consultation with the Secretary of Health provisions of this section. lence, sexual assault, and stalking; and Human Services, may award grants to ‘‘(2) ALLOCATIONS.—Of the total amounts ‘‘(2) providing treatment, counseling, advo- eligible entities— appropriated for each fiscal year to carry out cacy, and other long- and short-term assist- ‘‘(1) to provide training, consultation, and this section— ance to adult and minor victims of domestic information on domestic violence, dating vi- ‘‘(A) not more than 2.5 percent shall be violence, dating violence, sexual assault, and olence, stalking, and sexual assault against used by the Attorney General for evaluation, stalking in rural communities, including as- individuals with disabilities (as defined in monitoring, and other administrative costs sistance in immigration matters; and section 3 of the Americans with Disabilities under this section; ‘‘(3) working in cooperation with the com- Act of 1990 (42 U.S.C. 12102)); and ‘‘(B) not more than 2.5 percent shall be munity to develop education and prevention ‘‘(2) to enhance direct services to such indi- used for the provision of technical assistance strategies directed toward such issues. viduals. to grantees and subgrantees under this sec- ‘‘(c) USE OF FUNDS.—Funds appropriated ‘‘(b) USE OF FUNDS.—Grants awarded under tion; pursuant to this section shall be used only this section shall be used— ‘‘(C) not less than 65 percent shall be used for specific programs and activities expressly described in subsection (a). ‘‘(1) to provide personnel, training, tech- for grants to States and territories under ‘‘(d) ALLOTMENTS AND PRIORITIES.— nical assistance, advocacy, intervention, subsection (b); ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not risk reduction and prevention of domestic vi- ‘‘(D) not less than 10 percent shall be used less than 10 percent of the total amount olence, dating violence, stalking, and sexual for making grants to State, territorial, and made available for each fiscal year to carry assault against disabled individuals; tribal sexual assault coalitions under sub- out this section shall be allocated for grants ‘‘(2) to conduct outreach activities to en- section (d); to Indian tribes or tribal organizations. sure that disabled individuals who are vic- ‘‘(E) not less than 10 percent shall be used ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.— tims of domestic violence, dating violence, for grants to tribes under subsection (e); and ‘‘(A) IN GENERAL.—Not less than 25 percent stalking, or sexual assault receive appro- ‘‘(F) not less than 10 percent shall be used of the total amount appropriated in a fiscal priate assistance; for grants for culturally specific programs year under this section shall fund services ‘‘(3) to conduct cross-training for victim addressing sexual assault under subsection that meaningfully address sexual assault in service organizations, governmental agen- (c).’’. rural communities, however at such time as cies, courts, law enforcement, and nonprofit, SEC. 203. AMENDMENTS TO THE RURAL DOMES- the amounts appropriated reach the amount nongovernmental organizations serving indi- TIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE PRO- of $45,000,000, the percentage allocated shall viduals with disabilities about risk reduc- GRAM. rise to 30 percent of the total amount appro- tion, intervention, prevention and the nature Section 40295 of the Safe Homes for Women priated, at such time as the amounts appro- of domestic violence, dating violence, stalk- Act of 1994 (42 U.S.C. 13971) is amended to priated reach the amount of $50,000,000, the ing, and sexual assault for disabled individ- read as follows: percentage allocated shall rise to 35 percent uals; ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DAT- of the total amount appropriated, and at ‘‘(4) to provide technical assistance to as- ING VIOLENCE, SEXUAL ASSAULT, such time as the amounts appropriated reach sist with modifications to existing policies, STALKING, AND CHILD ABUSE EN- the amount of $55,000,000, the percentage al- protocols, and procedures to ensure equal ac- FORCEMENT ASSISTANCE. located shall rise to 40 percent of the cess to the services, programs, and activities ‘‘(a) PURPOSES.—The purposes of this sec- amounts appropriated. of victim service organizations for disabled tion are— ‘‘(B) MULTIPLE PURPOSE APPLICATIONS.— individuals; ‘‘(1) to identify, assess, and appropriately Nothing in this section shall prohibit any ap- ‘‘(5) to provide training and technical as- respond to child, youth, and adult victims of plicant from applying for funding to address sistance on the requirements of shelters and domestic violence, sexual assault, dating vi- sexual assault, domestic violence, stalking, victim services organizations under Federal olence, and stalking in rural communities, or dating violence in the same application. antidiscrimination laws, including— by encouraging collaboration among— ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST- ‘‘(A) the Americans with Disabilities Act ‘‘(A) domestic violence, dating violence, ANCE.—Of the amounts appropriated for each of 1990; and sexual assault, and stalking victim service fiscal year to carry out this section, not ‘‘(B) section 504 of the Rehabilitation Act providers; more than 8 percent may be used by the Di- of 1973; ‘‘(B) law enforcement agencies; rector for technical assistance costs. Of the ‘‘(6) to modify facilities, purchase equip- ‘‘(C) prosecutors; amounts appropriated in this subsection, no ment, and provide personnel so that shelters ‘‘(D) courts; less than 25 percent of such amounts shall be and victim service organizations can accom- ‘‘(E) other criminal justice service pro- available to a nonprofit, nongovernmental modate the needs of disabled individuals; viders; organization or organizations whose focus ‘‘(7) to provide advocacy and intervention ‘‘(F) human and community service pro- and expertise is in addressing sexual assault services for disabled individuals who are vic- viders; to provide technical assistance to sexual as- tims of domestic violence, dating violence, ‘‘(G) educational institutions; and sault grantees. stalking, or sexual assault; or ‘‘(H) health care providers; ‘‘(4) UNDERSERVED POPULATIONS.—In award- ‘‘(8) to develop model programs providing ‘‘(2) to establish and expand nonprofit, ing grants under this section, the Director advocacy and intervention services within nongovernmental, State, tribal, territorial, shall give priority to the needs of under- organizations serving disabled individuals and local government victim services in served populations. who are victims of domestic violence, dating rural communities to child, youth, and adult ‘‘(5) ALLOCATION OF FUNDS FOR RURAL violence, sexual assault, or stalking. victims; and STATES.—Not less than 75 percent of the ‘‘(c) ELIGIBLE ENTITIES.— ‘‘(3) to increase the safety and well-being total amount made available for each fiscal ‘‘(1) IN GENERAL.—An entity shall be eligi- of women and children in rural communities, year to carry out this section shall be allo- ble to receive a grant under this section if by— cated to eligible entities located in rural the entity is— ‘‘(A) dealing directly and immediately States. ‘‘(A) a State; with domestic violence, sexual assault, dat- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) a unit of local government; ing violence, and stalking occurring in rural ‘‘(1) IN GENERAL.—There are authorized to ‘‘(C) an Indian tribal government or tribal communities; and be appropriated $55,000,000 for each of the fis- organization; or

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00199 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.205 S16DEPT1 S13888 CONGRESSIONAL RECORD — SENATE December 16, 2005 ‘‘(D) a nonprofit and nongovernmental vic- SEC. 206. STRENGTHENING THE NATIONAL DO- SEC. 303. SERVICES, EDUCATION, PROTECTION, tim services organization, such as a State MESTIC VIOLENCE HOTLINE. AND JUSTICE FOR YOUNG VICTIMS domestic violence or sexual assault coalition Section 316 of the Family Violence Preven- OF VIOLENCE. or a nonprofit, nongovernmental organization and Services Act (42 U.S.C. 10416) is The Violence Against Women Act of 1994 tion serving disabled individuals. amended— (Public Law 103–322, Stat. 1902 et seq.) is ‘‘(2) LIMITATION.—A grant awarded for the (1) in subsection (d)(2), by inserting ‘‘(in- amended by adding at the end the following: purpose described in subsection (b)(8) shall cluding technology training)’’ after ‘‘train;’’ ‘‘Subtitle L—Services, Education, Protection only be awarded to an eligible agency (as de- (2) in subsection (f)(2)(A), by inserting ‘‘, and Justice for Young Victims of Violence including technology training to ensure that fined in section 410 of the Rehabilitation Act ‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND of 1973 (29 U.S.C. 796f–5). all persons affiliated with the hotline are able to effectively operate any technological RESPOND TO YOUTH. ‘‘(d) UNDERSERVED POPULATIONS.—In systems used by the hotline’’ after ‘‘hotline ‘‘(a) GRANTS AUTHORIZED.—The Attorney awarding grants under this section, the Di- personnel’’; and General, in consultation with the Depart- rector shall ensure that the needs of under- (3) in subsection (g)(2), by striking ‘‘shall’’ ment of Health and Human Services, shall served populations are being addressed. and inserting ‘‘may’’. award grants to eligible entities to conduct ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— programs to serve youth victims of domestic TITLE III—SERVICES, PROTECTION, AND There are authorized to be appropriated violence, dating violence, sexual assault, and JUSTICE FOR YOUNG VICTIMS OF VIO- $10,000,000 for each of the fiscal years 2007 stalking. Amounts appropriated under this LENCE through 2011 to carry out this section.’’. section may only be used for programs and SEC. 301. FINDINGS. SEC. 205. TRAINING AND SERVICES TO END VIO- activities described under subsection (c). Congress finds the following: ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to LENCE AGAINST WOMEN IN LATER (1) Youth, under the age of 18, account for LIFE. receive a grant under this section, an entity 67 percent of all sexual assault victimiza- (a) TRAINING PROGRAMS.—Section 40802 of shall be— tions reported to law enforcement officials. ‘‘(1) a nonprofit, nongovernmental entity, the Violence Against Women Act of 1994 (42 (2) The Department of Justice consistently U.S.C. 14041a) is amended to read as follows: the primary purpose of which is to provide finds that young women between the ages of services to teen and young adult victims of ‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES 16 and 24 experience the highest rate of non- domestic violence, dating violence, sexual TO END VIOLENCE AGAINST AND fatal intimate partner violence. assault, or stalking; ABUSE OF WOMEN LATER IN LIFE. (3) In 1 year, over 4,000 incidents of rape or ‘‘(2) a community-based organization spe- sexual assault occurred in public schools ‘‘(a) GRANTS AUTHORIZED.—The Attorney cializing in intervention or violence preven- across the country. General, through the Director of the Office tion services for youth; (4) Young people experience particular ob- on Violence Against Women, may award ‘‘(3) an Indian Tribe or tribal organization stacles to seeking help. They often do not grants, which may be used for— providing services primarily to tribal youth have access to money, transportation, or ‘‘(1) training programs to assist law en- or tribal victims of domestic violence, dating shelter services. They must overcome issues forcement, prosecutors, governmental agen- violence, sexual assault or stalking; or such as distrust of adults, lack of knowledge cies, victim assistants, and relevant officers ‘‘(4) a nonprofit, nongovernmental entity of Federal, State, tribal, territorial, and about available resources, or pressure from peers and parents. providing services for runaway or homeless local courts in recognizing, addressing, in- youth affected by domestic or sexual abuse. vestigating, and prosecuting instances of (5) A needs assessment on teen relationship ‘‘(c) USE OF FUNDS.— elder abuse, neglect, and exploitation, in- abuse for the State of California, funded by ‘‘(1) IN GENERAL.—An entity that receives a cluding domestic violence, dating violence, the California Department of Health Serv- ices, identified a desire for confidentiality grant under this section shall use amounts sexual assault, or stalking against victims provided under the grant to design or rep- who are 50 years of age or older; and confusion about the law as 2 of the most significant barriers to young victims of do- licate, and implement, programs and serv- ‘‘(2) providing or enhancing services for ices, using domestic violence, dating vio- victims of elder abuse, neglect, and exploi- mestic and dating violence seeking help. (6) Only one State specifically allows for lence, sexual assault, and stalking interven- tation, including domestic violence, dating tion models to respond to the needs of youth violence, sexual assault, or stalking, who are minors to petition the court for protection orders. who are victims of domestic violence, dating 50 years of age or older; violence, sexual assault or stalking. ‘‘(3) creating or supporting multidisci- (7) Many youth are involved in dating relationships, and these relationships can in- ‘‘(2) TYPES OF PROGRAMS.—Such a pro- plinary collaborative community responses gram— to victims of elder abuse, neglect, and exclude the same kind of domestic violence and dating violence seen in the adult population. ‘‘(A) shall provide direct counseling and ploitation, including domestic violence, dat- advocacy for youth and young adults, who ing violence, sexual assault, and stalking, In fact, more than 40 percent of all incidents of domestic violence involve people who are have experienced domestic violence, dating who are 50 years of age or older; and violence, sexual assault or stalking; ‘‘(4) conducting cross-training for victim not married. (8) 40 percent of girls ages 14 to 17 report ‘‘(B) shall include linguistically, cul- service organizations, governmental agen- turally, and community relevant services for cies, courts, law enforcement, and nonprofit, knowing someone their age who has been hit or beaten by a boyfriend, and 13 percent of underserved populations or linkages to exist- nongovernmental organizations serving vic- ing services in the community tailored to tims of elder abuse, neglect, and exploi- college women report being stalked. (9) Of college women who said they had the needs of underserved populations; tation, including domestic violence, dating been the victims of rape or attempted rape, ‘‘(C) may include mental health services violence, sexual assault, and stalking, who 12.8 percent of completed rapes, 35 percent of for youth and young adults who have experi- are 50 years of age or older. attempted rapes, and 22.9 percent of threat- enced domestic violence, dating violence, ‘‘(b) ELIGIBLE ENTITIES.—An entity shall be ened rapes took place on a date. Almost 60 sexual assault, or stalking; eligible to receive a grant under this section percent of the completed rapes that occurred ‘‘(D) may include legal advocacy efforts on if the entity is— on campus took place in the victim’s resi- behalf of youth and young adults with re- ‘‘(1) a State; dence. spect to domestic violence, dating violence, ‘‘(2) a unit of local government; (10) According to a 3-year study of student- sexual assault or stalking; ‘‘(3) an Indian tribal government or tribal athletes at 10 Division I universities, male ‘‘(E) may work with public officials and organization; or athletes made up only 3.3 percent of the gen- agencies to develop and implement policies, ‘‘(4) a nonprofit and nongovernmental vic- eral male university population, but they ac- rules, and procedures in order to reduce or tim services organization with demonstrated counted for 19 percent of the students re- eliminate domestic violence, dating vio- experience in assisting elderly women or ported for sexual assault and 35 percent of lence, sexual assault, and stalking against demonstrated experience in addressing do- domestic violence perpetrators. youth and young adults; and mestic violence, dating violence, sexual as- SEC. 302. RAPE PREVENTION AND EDUCATION. ‘‘(F) may use not more than 25 percent of sault, and stalking. Section 393B(c) of part J of title III of the the grant funds to provide additional serv- ‘‘(c) UNDERSERVED POPULATIONS.—In Public Health Service Act (42 U.S.C. 280b– ices and resources for youth, including awarding grants under this section, the Di- 1c(c)) is amended to read as follows: childcare, transportation, educational sup- rector shall ensure that services are cul- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— port, and respite care. turally and linguistically relevant and that ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(d) AWARDS BASIS.— the needs of underserved populations are appropriated to carry out this section ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less being addressed.’’. $80,000,000 for each of fiscal years 2007 than 7 percent of funds appropriated under (b) AUTHORIZATION OF APPROPRIATIONS.— through 2011. this section in any year shall be available for Section 40803 of the Violence Against Women ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE grants to Indian Tribes or tribal organiza- Act of 1994 (42 U.S.C. 14041b) is amended by CENTER ALLOTMENT.—Of the total amount tions. striking ‘‘$5,000,000 for each of fiscal years made available under this subsection in each ‘‘(2) ADMINISTRATION.—The Attorney Gen- 2001 through 2005’’ and inserting ‘‘$10,000,000 fiscal year, not less than $1,500,000 shall be eral shall not use more than 2.5 percent of for each of the fiscal years 2007 through available for allotment under subsection funds appropriated under this section in any 2011’’. (b).’’. year for administration, monitoring, and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00200 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.206 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13889 evaluation of grants made available under the funds made available through the grant uation of grants made available under this this section. for cross-training and collaborative efforts— section; ‘‘(3) TECHNICAL ASSISTANCE.—Not less than ‘‘(1) addressing domestic violence, dating ‘‘(3) the Attorney General of the United 5 percent of funds appropriated under this violence, sexual assault, and stalking, as- States shall not use more than 2.5 percent of section in any year shall be available to pro- sessing and analyzing currently available funds appropriated under this section in any vide technical assistance for programs fund- services for youth and young adult victims, year for administration of grants made ed under this section. determining relevant barriers to such serv- available under this section; and ‘‘(e) TERM.—The Attorney General shall ices in a particular locality, and developing ‘‘(4) up to 8 percent of funds appropriated make the grants under this section for a pe- a community protocol to address such prob- under this section in any year shall be avail- riod of 3 fiscal years. lems collaboratively; able to provide technical assistance for pro- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) to establish and enhance linkages and grams funded under this section. There is authorized to be appropriated to collaboration between— ‘‘(g) DISSEMINATION OF INFORMATION.—Not carry out this section, $15,000,000 for each of ‘‘(A) domestic violence and sexual assault later than 12 months after the end of the fiscal years 2007 through 2011. service providers; and grant period under this section, the Director ‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH. ‘‘(B) where applicable, law enforcement shall prepare, submit to Congress, and make ‘‘(a) PURPOSE.—It is the purpose of this agencies, courts, Federal agencies, and other widely available, including through elec- section to encourage cross training and col- entities addressing the safety, health, men- tronic means, summaries that contain infor- laboration between the courts, domestic vio- tal health, social service, housing, and eco- mation on— lence and sexual assault service providers, nomic needs of young victims of abuse, in- ‘‘(1) the activities implemented by the re- youth organizations and service providers, cluding community-based supports such as cipients of the grants awarded under this violence prevention programs, and law en- schools, local health centers, community ac- section; and forcement agencies, so that communities can tion groups, and neighborhood coalitions— ‘‘(2) related initiatives undertaken by the establish and implement policies, proce- ‘‘(i) to respond effectively and comprehen- Director to promote attention to dating vio- dures, and practices to protect and more sively to the varying needs of young victims lence, domestic violence, sexual assault, and comprehensively and effectively serve young of abuse; stalking and their impact on young victims victims of dating violence, domestic vio- ‘‘(ii) to include linguistically, culturally, by— lence, sexual assault, and stalking who are and community relevant services for under- ‘‘(A) the staffs of courts; between the ages of 12 and 24, and to engage, served populations or linkages to existing ‘‘(B) domestic violence, dating violence, where necessary, other entities addressing services in the community tailored to the sexual assault, and stalking victim service the safety, health, mental health, social needs of underserved populations; and providers; and service, housing, and economic needs of ‘‘(iii) to include where appropriate legal as- ‘‘(C) law enforcement agencies and commu- young victims of domestic violence, dating sistance, referral services, and parental sup- nity organizations. violence, sexual assault, and stalking, in- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— port; cluding community-based supports such as There are authorized to be appropriated to ‘‘(3) to educate the staff of courts, domes- schools, local health centers, community ac- carry out this section, $5,000,000 in each of tic violence and sexual assault service pro- tion groups, and neighborhood coalitions. fiscal years 2007 through 2011. viders, and, as applicable, the staff of law en- ‘‘(b) GRANT AUTHORITY.— ‘‘SEC. 41203. GRANTS FOR TRAINING AND COL- forcement agencies, Indian child welfare ‘‘(1) IN GENERAL.—The Attorney General, LABORATION ON THE INTERSEC- through the Director of the Office on Vio- agencies, youth organizations, schools, TION BETWEEN DOMESTIC VIO- lence Against Women (in this section re- healthcare providers, and other community LENCE AND CHILD MALTREATMENT. ferred to as the ‘Director’), shall make prevention and intervention programs to re- ‘‘(a) PURPOSE.—The purpose of this section grants to eligible entities to carry out the sponsibly address youth victims and per- is to support efforts by child welfare agen- purposes of this section. petrators of domestic violence, dating vio- cies, domestic violence or dating violence lence, sexual assault, and stalking; victim services providers, courts, law en- ‘‘(2) GRANT PERIODS.—Grants shall be awarded under this section for a period of 2 ‘‘(4) to identify, assess, and respond appro- forcement, and other related professionals and community organizations to develop col- fiscal years. priately to dating violence, domestic violence, sexual assault, or stalking against laborative responses and services and provide ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for cross-training to enhance community re- a grant under this section, a grant applicant teens and young adults and meet the needs sponses to families where there is both child shall establish a collaboration that— of young victims of violence; and ‘‘(5) to provide appropriate resources in ju- maltreatment and domestic violence. ‘‘(A) shall include a victim service provider ‘‘(b) GRANTS AUTHORIZED.—The Secretary that has a documented history of effective venile court matters to respond to dating violence, domestic violence, sexual assault, of the Department of Health and Human work concerning domestic violence, dating Services (in this section referred to as the violence, sexual assault, or stalking and the and stalking and ensure necessary services dealing with the health and mental health of ‘Secretary’), through the Family and Youth effect that those forms of abuse have on Services Bureau, and in consultation with young people; victims are available. ‘‘(d) GRANT APPLICATIONS.—To be eligible the Office on Violence Against Women, shall ‘‘(B) shall include a court or law enforce- for a grant under this section, the entities award grants on a competitive basis to eligi- ment agency partner; and that are members of the applicant collabora- ble entities for the purposes and in the man- ‘‘(C) may include— tion described in subsection (b)(3) shall joint- ner described in this section. ‘‘(i) batterer intervention programs or sex ly submit an application to the Director at ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— offender treatment programs with special- such time, in such manner, and containing There are authorized to be appropriated to ized knowledge and experience working with such information as the Director may re- carry out this section $5,000,000 for each of youth offenders; quire. fiscal years 2007 through 2011. Funds appro- ‘‘(ii) community-based youth organizations ‘‘(e) PRIORITY.—In awarding grants under priated under this section shall remain that deal specifically with the concerns and this section, the Director shall give priority available until expended. Of the amounts ap- problems faced by youth, including programs to entities that have submitted applications propriated to carry out this section for each that target teen parents and underserved in partnership with community organiza- fiscal year, the Secretary shall— communities; tions and service providers that work pri- ‘‘(1) use not more than 3 percent for eval- ‘‘(iii) schools or school-based programs de- marily with youth, especially teens, and who uation, monitoring, site visits, grantee con- signed to provide prevention or intervention have demonstrated a commitment to coali- ferences, and other administrative costs as- services to youth experiencing problems; tion building and cooperative problem solv- sociated with conducting activities under ‘‘(iv) faith-based entities that deal with the ing in dealing with problems of dating vio- this section; concerns and problems faced by youth; lence, domestic violence, sexual assault, and ‘‘(2) set aside not more than 7 percent for ‘‘(v) healthcare entities eligible for reim- stalking in teen populations. grants to Indian tribes to develop programs bursement under title XVIII of the Social Se- ‘‘(f) DISTRIBUTION.—In awarding grants addressing child maltreatment and domestic curity Act, including providers that target under this section— violence or dating violence that are operated the special needs of youth; ‘‘(1) not less than 10 percent of funds appro- by, or in partnership with, a tribal organiza- ‘‘(vi) education programs on HIV and other priated under this section in any year shall tion; and sexually transmitted diseases that are de- be available to Indian tribal governments to ‘‘(3) set aside up to 8 percent for technical signed to target teens; establish and maintain collaborations in- assistance and training to be provided by or- ‘‘(vii) Indian Health Service, tribal child volving the appropriate tribal justice and so- ganizations having demonstrated expertise protective services, the Bureau of Indian Af- cial services departments or domestic vio- in developing collaborative community and fairs, or the Federal Bureau of Investiga- lence or sexual assault service providers, the system responses to families in which there tions; or purpose of which is to provide culturally ap- is both child maltreatment and domestic vi- ‘‘(viii) law enforcement agencies of the Bu- propriate services to American Indian olence or dating violence, which technical reau of Indian Affairs providing tribal law women or youth; assistance and training may be offered to ju- enforcement. ‘‘(2) the Director shall not use more than risdictions in the process of developing com- ‘‘(c) USES OF FUNDS.—An entity that re- 2.5 percent of funds appropriated under this munity responses to families in which chil- ceives a grant under this section shall use section in any year for monitoring and eval- dren are exposed to child maltreatment and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00201 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.206 S16DEPT1 S13890 CONGRESSIONAL RECORD — SENATE December 16, 2005 domestic violence or dating violence, wheth- the requirements described herein. The ap- of experiencing domestic violence, dating vi- er or not they are receiving funds under this plication shall— olence, sexual assault, and stalking on chil- section. ‘‘(A) ensure that communities impacted by dren and youth by adapting existing cur- ‘‘(d) UNDERSERVED POPULATIONS.—In these systems or organizations are ade- ricula activities to the relevant student pop- awarding grants under this section, the Sec- quately represented in the development of ulation; retary shall consider the needs of under- the application, the programs and activities ‘‘(5) to work with existing mentoring pro- served populations. to be undertaken, and that they have a sig- grams and develop strong mentoring pro- ‘‘(e) GRANT AWARDS.—The Secretary shall nificant role in evaluating the success of the grams for students, including student ath- award grants under this section for periods project; letes, to help them understand and recognize of not more than 2 fiscal years. ‘‘(B) describe how the training and collabo- violence and violent behavior, how to pre- ‘‘(f) USES OF FUNDS.—Entities receiving ration activities will enhance or ensure the vent it and how to appropriately address grants under this section shall use amounts safety and economic security of families their feelings; and provided to develop collaborative responses where both child maltreatment and domestic ‘‘(6) to conduct evaluations to assess the and services and provide cross-training to violence or dating violence occurs by pro- impact of programs and policies assisted enhance community responses to families viding appropriate resources, protection, and under this section in order to enhance the where there is both child maltreatment and support to the victimized parents of such development of the programs. domestic violence or dating violence. children and to the children themselves; and ‘‘(c) AWARD BASIS.—The Director shall Amounts distributed under this section may ‘‘(C) outline methods and means partici- award grants and contracts under this sec- only be used for programs and activities de- pating entities will use to ensure that all tion on a competitive basis. scribed in subsection (g). services are provided in a developmentally, ‘‘(d) POLICY DISSEMINATION.—The Director ‘‘(g) PROGRAMS AND ACTIVITIES.—The pro- linguistically and culturally competent shall disseminate to middle and high schools grams and activities developed under this manner and will utilize community-based any existing Department of Justice, Depart- section shall— supports and resources. ment of Health and Human Services, and De- ‘‘(1) encourage cross training, education, ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for partment of Education policy guidance and service development, and collaboration a grant under this section, an entity shall be curricula regarding the prevention of domes- among child welfare agencies, domestic vio- a collaboration that— tic violence, dating violence, sexual assault, lence victim service providers, and courts, ‘‘(A) shall include a State or local child and stalking, and the impact of the violence law enforcement agencies, community-based welfare agency or Indian Tribe; on children and youth. programs, and other entities, in order to en- ‘‘(B) shall include a domestic violence or ‘‘(e) NONDISCLOSURE OF CONFIDENTIAL OR sure that such entities have the capacity to dating violence victim service provider; PRIVATE INFORMATION.—In order to ensure and will identify, assess, and respond appro- ‘‘(C) shall include a law enforcement agen- the safety of adult, youth, and minor victims priately to— cy or Bureau of Indian Affairs providing trib- of domestic violence, dating violence, sexual ‘‘(A) domestic violence or dating violence al law enforcement; assault, or stalking and their families, in homes where children are present and may ‘‘(D) may include a court; and grantees and subgrantees shall protect the be exposed to the violence; ‘‘(E) may include any other such agencies confidentiality and privacy of persons re- ‘‘(B) domestic violence or dating violence or private nonprofit organizations and faith- ceiving services. Grantees and subgrantees in child protection cases; and based organizations, including community- pursuant to this section shall not disclose ‘‘(C) the needs of both the child and non- any personally identifying information or in- based organizations, with the capacity to abusing parent; dividual information collected in connection provide effective help to the child and adult ‘‘(2) establish and implement policies, pro- with services requested, utilized, or denied victims served by the collaboration. cedures, programs, and practices for child through grantees’ and subgrantees’ pro- welfare agencies, domestic violence victim ‘‘SEC. 41204. GRANTS TO COMBAT DOMESTIC VIO- LENCE, DATING VIOLENCE, SEXUAL grams. Grantees and subgrantees shall not service providers, courts, law enforcement ASSAULT, AND STALKING IN MIDDLE reveal individual client information without agencies, and other entities, that are con- AND HIGH SCHOOLS. the informed, written, reasonably time-lim- sistent with the principles of protecting and ‘‘(a) SHORT TITLE.—This section may be ited consent of the person (or in the case of increasing the immediate and long-term cited as the ‘Supporting Teens through Edu- unemancipated minor, the minor and the safety and well being of children and non- cation and Protection Act of 2005’ or the parent or guardian, except that consent for abusing parents and caretakers; ‘STEP Act’. release may not be given by the abuser of the ‘‘(3) increase cooperation and enhance ‘‘(b) GRANTS AUTHORIZED.—The Attorney minor or of the other parent of the minor) linkages between child welfare agencies, do- General, through the Director of the Office about whom information is sought, whether mestic violence victim service providers, on Violence Against Women, is authorized to for this program or any other Tribal, Fed- courts, law enforcement agencies, and other award grants to middle schools and high eral, State or Territorial grant program. If entities to provide more comprehensive com- schools that work with domestic violence release of such information is compelled by munity-based services (including health, and sexual assault experts to enable the statutory or court mandate, grantees and mental health, social service, housing, and schools— subgrantees shall make reasonable attempts neighborhood resources) to protect and to ‘‘(1) to provide training to school adminis- to provide notice to victims affected by the serve both child and adult victims; trators, faculty, counselors, coaches, disclosure of information. If such personally ‘‘(4) identify, assess, and respond appro- healthcare providers, security personnel, and identifying information is or will be re- priately to domestic violence or dating vio- other staff on the needs and concerns of stu- vealed, grantees and subgrantees shall take lence in child protection cases and to child dents who experience domestic violence, dat- steps necessary to protect the privacy and maltreatment when it co-occurs with domes- ing violence, sexual assault, or stalking, and safety of the persons affected by the release tic violence or dating violence; the impact of such violence on students; of the information. Grantees may share non- ‘‘(5) analyze and change policies, proce- ‘‘(2) to develop and implement policies in personally identifying data in the aggregate dures, and protocols that contribute to over- middle and high schools regarding appro- regarding services to their clients and non- representation of certain populations in the priate, safe responses to, and identification personally identifying demographic informa- court and child welfare system; and and referral procedures for, students who are tion in order to comply with Tribal, Federal, ‘‘(6) provide appropriate referrals to com- experiencing or perpetrating domestic vio- State or Territorial reporting, evaluation, or munity-based programs and resources, such lence, dating violence, sexual assault, or data collection requirements. Grantees and as health and mental health services, shelter stalking, including procedures for handling subgrantees may share court-generated in- and housing assistance for adult and youth the requirements of court protective orders formation contained in secure, governmental victims and their children, legal assistance issued to or against students or school per- registries for protection order enforcement and advocacy for adult and youth victims, sonnel, in a manner that ensures the safety purposes. assistance for parents to help their children of the victim and holds the perpetrator ac- ‘‘(f) GRANT TERM AND ALLOCATION.— cope with the impact of exposure to domestic countable; ‘‘(1) TERM.—The Director shall make the violence or dating violence and child mal- ‘‘(3) to provide support services for stu- grants under this section for a period of 3 fis- treatment, appropriate intervention and dents and school personnel, such as a re- cal years. treatment for adult perpetrators of domestic source person who is either on-site or on- ‘‘(2) ALLOCATION.—Not more than 15 per- violence or dating violence whose children call, and who is an expert described in sub- cent of the funds available to a grantee in a are the subjects of child protection cases, sections (i)(2) and (i)(3), for the purpose of given year shall be used for the purposes de- programs providing support and assistance developing and strengthening effective prescribed in subsection (b)(4)(D), (b),(5), and to underserved populations, and other nec- vention and intervention strategies for stu- (b)(6). essary supportive services. dents and school personnel experiencing do- ‘‘(g) DISTRIBUTION.— ‘‘(h) GRANTEE REQUIREMENTS.— mestic violence, dating violence, sexual as- ‘‘(1) IN GENERAL.—Not less than 5 percent ‘‘(1) APPLICATIONS.—Under this section, an sault or stalking; of funds appropriated under subsection (l) in entity shall prepare and submit to the Sec- ‘‘(4) to provide developmentally appro- any year shall be available for grants to trib- retary an application at such time, in such priate educational programming to students al schools, schools on tribal lands or schools manner, and containing such information as regarding domestic violence, dating violence, whose student population is more than 25 the Secretary may require, consistent with sexual assault, and stalking, and the impact percent Native American.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00202 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.206 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13891

‘‘(2) ADMINISTRATION.—The Director shall (1) IN GENERAL.—The Attorney General is or create a victim services program in col- not use more than 5 percent of funds appro- authorized to make grants to institutions of laboration with a community-based organi- priated under subsection (l) in any year for higher education, for use by such institu- zation. The institution shall use not less administration, monitoring and evaluation tions or consortia consisting of campus per- than 20 percent of the funds made available of grants made available under this section. sonnel, student organizations, campus ad- through the grant for a victim services pro- ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND ministrators, security personnel, and re- gram provided in accordance with this para- DATA COLLECTION.—Not less than 5 percent of gional crisis centers affiliated with the insti- graph. funds appropriated under subsection (l) in tution, to develop and strengthen effective (5) To create, disseminate, or otherwise any year shall be available to provide train- security and investigation strategies to com- provide assistance and information about ing, technical assistance, and data collection bat domestic violence, dating violence, sex- victims’ options on and off campus to bring for programs funded under this section. ual assault, and stalking on campuses, and disciplinary or other legal action, including ‘‘(h) APPLICATION.—To be eligible to be to develop and strengthen victim services in assistance to victims in immigration mat- awarded a grant or contract under this sec- cases involving such crimes against women ters. tion for any fiscal year, a middle or sec- on campuses, which may include partner- (6) To develop, install, or expand data col- ondary school, in consultation with an ex- ships with local criminal justice authorities lection and communication systems, includ- pert as described in subsections (i)(2) and and community-based victim services agen- ing computerized systems, linking campus (i)(3), shall submit an application to the Di- cies. security to the local law enforcement for the rector at such time and in such manner as (2) AWARD BASIS.—The Attorney General purpose of identifying and tracking arrests, the Director shall prescribe. shall award grants and contracts under this protection orders, violations of protection ‘‘(i) ELIGIBLE ENTITIES.—To be eligible to section on a competitive basis for a period of orders, prosecutions, and convictions with receive a grant under this section, an entity 3 years. The Attorney General, through the respect to the crimes of domestic violence, shall be a partnership that— Director of the Office on Violence Against dating violence, sexual assault, and stalking ‘‘(1) shall include a public, charter, tribal, Women, shall award the grants in amounts on campus. or nationally accredited private middle or of not more than $500,000 for individual insti- (7) To provide capital improvements (in- high school, a school administered by the tutions of higher education and not more cluding improved lighting and communica- Department of Defense under 10 U.S.C. 2164 than $1,000,000 for consortia of such institutions facilities but not including the con- or 20 U.S.C. 921, a group of schools, or a tions. struction of buildings) on campuses to ad- school district; (3) EQUITABLE PARTICIPATION.—The Attor- dress the crimes of domestic violence, dating ‘‘(2) shall include a domestic violence vic- ney General shall make every effort to en- violence, sexual assault, and stalking. tim service provider that has a history of sure— (8) To support improved coordination working on domestic violence and the im- (A) the equitable participation of private among campus administrators, campus secu- pact that domestic violence and dating vio- and public institutions of higher education rity personnel, and local law enforcement to lence have on children and youth; in the activities assisted under this section; reduce domestic violence, dating violence, ‘‘(3) shall include a sexual assault victim (B) the equitable geographic distribution sexual assault, and stalking on campus. service provider, such as a rape crisis center, of grants under this section among the var- (c) APPLICATIONS.— program serving tribal victims of sexual as- ious regions of the United States; and (1) IN GENERAL.—In order to be eligible to sault, or coalition or other nonprofit non- (C) the equitable distribution of grants be awarded a grant under this section for governmental organization carrying out a under this section to tribal colleges and uni- any fiscal year, an institution of higher edu- community-based sexual assault program, versities and traditionally black colleges and cation shall submit an application to the At- that has a history of effective work con- universities. torney General at such time and in such cerning sexual assault and the impact that (b) USE OF GRANT FUNDS.—Grant funds manner as the Attorney General shall pre- sexual assault has on children and youth; awarded under this section may be used for scribe. and the following purposes: (2) CONTENTS.—Each application submitted ‘‘(4) may include a law enforcement agen- (1) To provide personnel, training, tech- under paragraph (1) shall— cy, the State, Tribal, Territorial or local nical assistance, data collection, and other (A) describe the need for grant funds and court, nonprofit nongovernmental organiza- equipment with respect to the increased ap- the plan for implementation for any of the tions and service providers addressing sexual prehension, investigation, and adjudication purposes described in subsection (b); harassment, bullying or gang-related vio- of persons committing domestic violence, (B) include proof that the institution of lence in schools, and any other such agencies dating violence, sexual assault, and stalking higher education collaborated with any non- or nonprofit nongovernmental organizations on campus. profit, nongovernmental entities carrying with the capacity to provide effective assist- (2) To train campus administrators, cam- out other victim services programs, includ- ance to the adult, youth, and minor victims pus security personnel, and personnel serving domestic violence, dating violence, sex- served by the partnership. ing on campus disciplinary or judicial boards ual assault, and stalking victim services pro- ‘‘(j) PRIORITY.—In awarding grants under to develop and implement campus policies, grams in the community in which the insti- this section, the Director shall give priority protocols, and services that more effectively tution is located; to entities that have submitted applications identify and respond to the crimes of domes- (C) describe the characteristics of the pop- in partnership with relevant courts or law tic violence, dating violence, sexual assault, ulation being served, including type of cam- enforcement agencies. and stalking. Within 90 days after the date of pus, demographics of the population, and ‘‘(k) REPORTING AND DISSEMINATION OF IN- enactment of this Act, the Attorney General number of students; FORMATION.— shall issue and make available minimum (D) provide measurable goals and expected ‘‘(1) REPORTING.—Each of the entities that standards of training relating to domestic vi- are members of the applicant partnership de- results from the use of the grant funds; olence, dating violence, sexual assault, and scribed in subsection (i), that receive a grant (E) provide assurances that the Federal under this section shall jointly prepare and stalking on campus, for all campus security funds made available under this section shall submit to the Director every 18 months a re- personnel and personnel serving on campus be used to supplement and, to the extent port detailing the activities that the entities disciplinary or judicial boards. practical, increase the level of funds that have undertaken under the grant and such (3) To implement and operate education would, in the absence of Federal funds, be additional information as the Director shall programs for the prevention of domestic vio- made available by the institution for the require. lence, dating violence, sexual assault, and purposes described in subsection (b); and ‘‘(2) DISSEMINATION OF INFORMATION.—With- stalking. (F) include such other information and as- in 9 months of the completion of the first (4) To develop, enlarge, or strengthen vic- surances as the Attorney General reasonably full grant cycle, the Director shall publicly tim services programs on the campuses of determines to be necessary. disseminate, including through electronic the institutions involved, including pro- (3) COMPLIANCE WITH CAMPUS CRIME REPORT- means, model policies and procedures devel- grams providing legal, medical, or psycho- ING REQUIRED.—No institution of higher edu- oped and implemented in middle and high logical counseling, for victims of domestic cation shall be eligible for a grant under this schools by the grantees, including informa- violence, dating violence, sexual assault, and section unless such institution is in compli- tion on the impact the policies have had on stalking, and to improve delivery of victim ance with the requirements of section 485(f) their respective schools and communities. assistance on campus. To the extent prac- of the Higher Education Act of 1965 (20 U.S.C. ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ticable, such an institution shall collaborate 1092(f)). Up to $200,000 of the total amount of ‘‘(1) IN GENERAL.—There is authorized to be with any entities carrying out nonprofit and grant funds appropriated under this section appropriated to carry out this section, other victim services programs, including for fiscal years 2007 through 2011 may be used $5,000,000 for each of fiscal years 2007 through domestic violence, dating violence, sexual to provide technical assistance in complying 2011. assault, and stalking victim services pro- with the mandatory reporting requirements ‘‘(2) AVAILABILITY.—Funds appropriated grams in the community in which the insti- of section 485(f) of such Act. under paragraph (1) shall remain available tution is located. If appropriate victim serv- (d) GENERAL TERMS AND CONDITIONS.— until expended.’’. ices programs are not available in the com- (1) NONMONETARY ASSISTANCE.—In addition SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES munity or are not accessible to students, the to the assistance provided under this section, ON CAMPUSES. institution shall, to the extent practicable, the Attorney General may request any Fed- (a) GRANTS AUTHORIZED.— provide a victim services program on campus eral agency to use the agency’s authorities

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00203 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.206 S16DEPT1 S13892 CONGRESSIONAL RECORD — SENATE December 16, 2005 and the resources granted to the agency ‘‘(3) to protect parents or caretakers who ‘‘SEC. 41302. PURPOSE. under Federal law (including personnel, are victims of domestic and dating violence ‘‘The purpose of this subtitle is to— equipment, supplies, facilities, and manage- from experiencing further violence, abuse, ‘‘(1) prevent crimes involving violence rial, technical, and advisory services) in sup- and threats during child visitation ex- against women, children, and youth; port of campus security, and investigation changes; and ‘‘(2) increase the resources and services and victim service efforts. ‘‘(4) to protect children from the trauma of available to prevent violence against women, (2) GRANTEE REPORTING.— experiencing sexual assault or other forms of children, and youth; (A) ANNUAL REPORT.—Each institution of physical assault or abuse during parent and ‘‘(3) reduce the impact of exposure to vio- higher education receiving a grant under child visitation and visitation exchanges.’’; lence in the lives of children and youth so this section shall submit a biennial perform- and that the intergenerational cycle of violence ance report to the Attorney General. The At- (3) by striking subsection (e) and inserting is interrupted; torney General shall suspend funding under the following: ‘‘(4) develop and implement education and this section for an institution of higher edu- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— services programs to prevent children in vul- cation if the institution fails to submit such ‘‘(1) IN GENERAL.—There is authorized to be nerable families from becoming victims or a report. appropriated to carry out this section, perpetrators of domestic violence, dating vi- (B) FINAL REPORT.—Upon completion of the $20,000,000 for each of fiscal years 2007 olence, sexual assault, or stalking; grant period under this section, the institu- through 2011. Funds appropriated under this ‘‘(5) promote programs to ensure that chil- tion shall file a performance report with the section shall remain available until ex- dren and youth receive the assistance they Attorney General and the Secretary of Edu- pended. need to end the cycle of violence and develop cation explaining the activities carried out ‘‘(2) USE OF FUNDS.—Of the amounts appro- mutually respectful, nonviolent relation- under this section together with an assess- priated to carry out this section for each fis- ships; and ment of the effectiveness of those activities cal year, the Attorney General shall— ‘‘(6) encourage collaboration among com- in achieving the purposes described in sub- ‘‘(A) set aside not less than 7 percent for munity-based organizations and govern- section (b). grants to Indian tribal governments or tribal mental agencies serving children and youth, (3) REPORT TO CONGRESS.—Not later than organizations; providers of health and mental health serv- 180 days after the end of the fiscal year for ‘‘(B) use not more than 3 percent for eval- ices and providers of domestic violence, dat- which grants are awarded under this section, uation, monitoring, site visits, grantee con- ing violence, sexual assault, and stalking the Attorney General shall submit to Con- ferences, and other administrative costs as- victim services to prevent violence against gress a report that includes— sociated with conducting activities under women and children. (A) the number of grants, and the amount this section; and ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND of funds, distributed under this section; ‘‘(C) set aside not more than 8 percent for YOUTH EXPOSED TO VIOLENCE. ‘‘(a) GRANTS AUTHORIZED.— (B) a summary of the purposes for which technical assistance and training to be pro- ‘‘(1) IN GENERAL.—The Attorney General, the grants were provided and an evaluation vided by organizations having nationally acting through the Director of the Office on of the progress made under the grant; recognized expertise in the design of safe and (C) a statistical summary of the persons Violence Against Women, and in collabora- secure supervised visitation programs and served, detailing the nature of victimization, tion with the Department of Health and visitation exchange of children in situations and providing data on age, sex, race, eth- Human Services, is authorized to award involving domestic violence, dating violence, nicity, language, disability, relationship to grants on a competitive basis to eligible en- sexual assault, or stalking.’’. offender, geographic distribution, and type of tities for the purpose of mitigating the ef- campus; and TITLE IV—STRENGTHENING AMERICA’S fects of domestic violence, dating violence, (D) an evaluation of the effectiveness of FAMILIES BY PREVENTING VIOLENCE sexual assault, and stalking on children ex- programs funded under this part. SEC. 401. PREVENTING VIOLENCE AGAINST posed to such violence, and reducing the risk (e) AUTHORIZATION OF APPROPRIATIONS.— WOMEN AND CHILDREN. of future victimization or perpetration of do- For the purpose of carrying out this section, The Violence Against Women Act of 1994 mestic violence, dating violence, sexual as- there are authorized to be appropriated (108 Stat. 1902 et seq.) is amended by adding sault, and stalking. $12,000,000 for fiscal year 2007 and $15,000,000 at the end the following: ‘‘(2) TERM.—The Director shall make for each of fiscal years 2008 through 2011. ‘‘Subtitle M—Strengthening America’s Fami- grants under this section for a period of 2 fis- (f) REPEAL.—Section 826 of the Higher Edu- cal years. cation Amendments of 1998 (20 U.S.C. 1152) is lies by Preventing Violence Against Women and Children ‘‘(3) AWARD BASIS.—The Director shall repealed. award grants— SEC. 305. JUVENILE JUSTICE. ‘‘SEC. 41301. FINDINGS. ‘‘(A) considering the needs of underserved Section 223(a) of the Juvenile Justice and ‘‘Congress finds that— populations; Delinquency Prevention Act of 1974 (42 ‘‘(1) the former United States Advisory ‘‘(B) awarding not less than 10 percent of U.S.C. 5633(a)) is amended— Board on Child Abuse suggests that domestic such amounts to Indian tribes for the fund- (1) in paragraph (7)(B)— violence may be the single major precursor ing of tribal projects from the amounts made (A) by redesignating clauses (i), (ii) and to child abuse and neglect fatalities in this available under this section for a fiscal year; (iii), as clauses (ii), (iii), and (iv), respec- country; ‘‘(C) awarding up to 8 percent for the fund- tively; and ‘‘(2) studies suggest that as many as ing of technical assistance programs from (B) by inserting before clause (ii) the fol- 10,000,000 children witness domestic violence the amounts made available under this sec- lowing: every year; tion for a fiscal year; and ‘‘(i) an analysis of gender-specific services ‘‘(3) studies suggest that among children ‘‘(D) awarding not less than 66 percent to for the prevention and treatment of juvenile and teenagers, recent exposure to violence in programs described in subsection (c)(1) from delinquency, including the types of such the home was a significant factor in pre- the amounts made available under this sec- services available and the need for such serv- dicting a child’s violent behavior; tion for a fiscal year. ices;’’. ‘‘(4) a study by the Nurse-Family Partner- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 306. SAFE HAVENS. ship found that children whose parents did There is authorized to be appropriated to Section 1301 of the Victims of Trafficking not participate in home visitation programs carry out this section $20,000,000 for each of and Violence Protection Act of 2000 (42 that provided coaching in parenting skills, fiscal years 2007 through 2011. U.S.C. 10420) is amended— advice and support, were almost 5 times ‘‘(c) USE OF FUNDS.—The funds appro- (1) by striking the section heading and in- more likely to be abused in their first 2 years priated under this section shall be used for— serting the following: of life; ‘‘(1) programs that provide services for ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; ‘‘(5) a child’s exposure to domestic violence children exposed to domestic violence, dat- (2) in subsection (a)— seems to pose the greatest independent risk ing violence, sexual assault, or stalking, (A) by inserting ‘‘, through the Director of for being the victim of any act of partner vi- which may include direct counseling, advo- the Office on Violence Against Women,’’ olence as an adult; cacy, or mentoring, and must include sup- after ‘‘Attorney General’’; ‘‘(6) children exposed to domestic violence port for the nonabusing parent or the child’s (B) by inserting ‘‘dating violence,’’ after are more likely to believe that using vio- caretaker; or ‘‘domestic violence,’’; lence is an effective means of getting one’s ‘‘(2) training, coordination, and advocacy (C) by striking ‘‘to provide’’ and inserting needs met and managing conflict in close re- for programs that serve children and youth the following: lationships; (such as Head Start, child care, and after- ‘‘(1) to provide’’; ‘‘(7) children exposed to abusive parenting, school programs) on how to safely and con- (D) by striking the period at the end and harsh or erratic discipline, or domestic vio- fidentially identify children and families ex- inserting a semicolon; and lence are at increased risk for juvenile periencing domestic violence and properly (E) by adding at the end the following: crime; and refer them to programs that can provide di- ‘‘(2) to protect children from the trauma of ‘‘(8) in a national survey of more than 6,000 rect services to the family and children, and witnessing domestic or dating violence or ex- American families, 50 percent of men who coordination with other domestic violence or periencing abduction, injury, or death during frequently assaulted their wives also fre- other programs serving children exposed to parent and child visitation exchanges; quently abused their children. domestic violence, dating violence, sexual

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00204 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.206 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13893 assault, or stalking that can provide the roundings of the individual or family receiv- programs in accordance with applicable laws training and direct services referenced in ing such services; or that— this subsection. ‘‘(2) victim services organization or agency ‘‘(i) encourage children and youth to pur- ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to in collaboration with an organization or or- sue nonviolent relationships and reduce their receive a grant under this section, an entity ganizations listed in paragraph (1). risk of becoming victims or perpetrators of shall be a— ‘‘(d) GRANTEE REQUIREMENTS.—Under this domestic violence, dating violence, sexual ‘‘(1) a victim service provider, tribal non- section, an entity shall— assault, or stalking; and profit organization or community-based or- ‘‘(1) prepare and submit to the Director an ‘‘(ii) that include at a minimum— ganization that has a documented history of application at such time, in such manner, ‘‘(I) information on domestic violence, dat- effective work concerning children or youth and containing such information as the Di- exposed to domestic violence, dating vio- ing violence, sexual assault, stalking, or rector may require; and child sexual abuse and how they affect chil- lence, sexual assault, or stalking, including ‘‘(2) describe in the application the policies dren and youth; and programs that provide culturally specific and procedures that the entity has or will ‘‘(II) strategies to help participants be as services, Head Start, childcare, faith-based adopt to— organizations, after school programs, and ‘‘(A) enhance or ensure the safety and se- safe as possible; or health and mental health providers; or curity of children and their nonabusing par- ‘‘(B) to create public education campaigns ‘‘(2) a State, territorial, or tribal, or local ent in homes already experiencing domestic and community organizing to encourage men unit of government agency that is partnered violence, dating violence, sexual assault, or and boys to work as allies with women and with an organization described in paragraph stalking; girls to prevent violence against women and (1). ‘‘(B) ensure linguistically, culturally, and girls conducted by entities that have experi- ‘‘(e) GRANTEE REQUIREMENTS.—Under this community relevant services for underserved ence in conducting public education cam- section, an entity shall— communities; paigns that address domestic violence, dat- ‘‘(1) prepare and submit to the Director an ‘‘(C) ensure the adequate training by doing violence, sexual assault, or stalking. application at such time, in such manner, mestic violence, dating violence, sexual as- ‘‘(2) MEDIA LIMITS.—No more than 40 per- and containing such information as the Di- sault or stalking victim service providers of cent of funds received by a grantee under rector may require; and home visitation grantee program staff to— this section may be used to create and dis- ‘‘(2) at a minimum, describe in the applica- ‘‘(i) safely screen for and/or recognize do- tribute media materials. tion the policies and procedures that the en- mestic violence, dating violence, sexual as- tity has or will adopt to— sault, and stalking; ‘‘(d) ELIGIBLE ENTITIES.— ‘‘(A) enhance or ensure the safety and se- ‘‘(ii) understand the impact of domestic vi- ‘‘(1) RELATIONSHIPS.—Eligible entities curity of children who have been or are being olence or sexual assault on children and pro- under subsection (c)(1)(A) are— exposed to violence and their nonabusing tective actions taken by a nonabusing parent ‘‘(A) nonprofit, nongovernmental domestic parent, enhance or ensure the safety and se- or caretaker in response to violence against violence, dating violence, sexual assault, or curity of children and their nonabusing par- anyone in the household; and stalking victim service providers or coali- ent in homes already experiencing domestic ‘‘(iii) link new parents with existing com- tions; violence, dating violence, sexual assault, or munity resources in communities where re- ‘‘(B) community-based child or youth serv- stalking; and sources exist; and ices organizations with demonstrated experi- ‘‘(B) ensure linguistically, culturally, and ‘‘(D) ensure that relevant State and local ence and expertise in addressing the needs community relevant services for underserved domestic violence, dating violence, sexual and concerns of young people; communities. assault, and stalking victim service pro- ‘‘(C) a State, territorial, tribal, or unit of ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND viders and coalitions are aware of the efforts local governmental entity that is partnered PILOT PROGRAMS FOR HOME VISI- of organizations receiving grants under this TATION PROJECTS. with an organization described in subpara- section, and are included as training part- ‘‘(a) GRANTS AUTHORIZED.— graph (A) or (B); or ners, where possible. ‘‘(1) IN GENERAL.—The Attorney General, ‘‘(D) a program that provides culturally acting through the Director of the Office on ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PRE- specific services. Violence Against Women, and in collabora- VENTING DOMESTIC VIOLENCE, DAT- ‘‘(2) AWARENESS CAMPAIGN.—Eligible enti- tion with the Department of Health and ING VIOLENCE, SEXUAL ASSAULT, AND STALKING. ties under subsection (c)(1)(B) are— Human Services, shall award grants on a ‘‘(A) nonprofit, nongovernmental organiza- ‘‘(a) GRANTS AUTHORIZED.— competitive basis to home visitation pro- tions or coalitions that have a documented grams, in collaboration with victim service ‘‘(1) IN GENERAL.—The Attorney General, acting through the Director of the Office on history of creating and administering effec- providers, for the purposes of developing and tive public education campaigns addressing implementing model policies and procedures Violence Against Women, and in collaboration with the Department of Health and the prevention of domestic violence, dating to train home visitation service providers on violence, sexual assault or stalking; or addressing domestic violence, dating vio- Human Services, shall award grants on a competitive basis to eligible entities for the ‘‘(B) a State, territorial, tribal, or unit of lence, sexual assault, and stalking in fami- local governmental entity that is partnered lies experiencing violence, or at risk of vio- purpose of developing or enhancing programs with an organization described in subpara- lence, to reduce the impact of that violence related to engaging men and youth in pre- graph (A). on children, maintain safety, improve par- venting domestic violence, dating violence, sexual assault, and stalking by helping them enting skills, and break intergenerational ‘‘(e) GRANTEE REQUIREMENTS.—Under this to develop mutually respectful, nonviolent cycles of violence. section, an entity shall— relationships. ‘‘(2) TERM.—The Director shall make the ‘‘(1) prepare and submit to the Director an ‘‘(2) TERM.—The Director shall make grants under this section for a period of 2 fis- application at such time, in such manner, cal years. grants under this section for a period of 2 fiscal years. and containing such information as the Di- ‘‘(3) AWARD BASIS.—The Director shall— rector may require; and ‘‘(A) consider the needs of underserved pop- ‘‘(3) AWARD BASIS.—The Director shall award grants— ‘‘(2) eligible entities pursuant to sub- ulations; section (c)(1)(A) shall describe in the applica- ‘‘(B) award not less than 7 percent of such ‘‘(A) considering the needs of underserved populations; tion the policies and procedures that the en- amounts for the funding of tribal projects tity has or will adopt to— from the amounts made available under this ‘‘(B) awarding not less than 10 percent of ‘‘(A) enhance or ensure the safety and se- section for a fiscal year; and such amounts for the funding of Indian curity of children and youth already experi- ‘‘(C) award up to 8 percent for the funding tribes from the amounts made available of technical assistance programs from the under this section for a fiscal year; and encing domestic violence, dating violence, amounts made available under this section ‘‘(C) awarding up to 8 percent for the fund- sexual assault, or stalking in their lives; for a fiscal year. ing of technical assistance for grantees and ‘‘(B) ensure linguistically, culturally, and ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— non-grantees working in this area from the community relevant services for underserved There is authorized to be appropriated to amounts made available under this section communities; carry out this section $7,000,000 for each of for a fiscal year. ‘‘(C) inform participants about laws, serv- fiscal years 2007 through 2011. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ices, and resources in the community, and ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to There is authorized to be appropriated to make referrals as appropriate; and receive a grant under this section, an entity carry out this section $10,000,000 for each of ‘‘(D) ensure that State and local domestic shall be a national, Federal, State, local, ter- fiscal years 2007 through 2011. violence, dating violence, sexual assault, and ritorial, or tribal— ‘‘(c) USE OF FUNDS.— stalking victim service providers and coali- ‘‘(1) home visitation program that provides ‘‘(1) PROGRAMS.—The funds appropriated tions are aware of the efforts of organiza- services to pregnant women and to young under this section shall be used by eligible tions receiving grants under this section.’’. children and their parent or primary care- entities— giver that are provided in the permanent or ‘‘(A) to develop or enhance community- temporary residence or in other familiar sur- based programs, including gender-specific

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00205 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.207 S16DEPT1 S13894 CONGRESSIONAL RECORD — SENATE December 16, 2005

SEC. 402. STUDY CONDUCTED BY THE CENTERS (8) Recent research suggests that women ‘‘(c) USE OF FUNDS.— FOR DISEASE CONTROL AND PRE- experiencing domestic violence significantly ‘‘(1) REQUIRED USES.—Amounts provided VENTION. increase their safety-promoting behaviors under a grant under this section shall be (a) PURPOSES.—The Secretary of Health over the short- and long-term when health used to— and Human Services acting through the Na- care providers screen for, identify, and pro- ‘‘(A) fund interdisciplinary training and tional Center for Injury Prevention and Con- vide followup care and information to ad- education projects that are designed to train trol at the Centers for Disease Control Pre- dress the violence. medical, nursing, and other health profes- vention shall make grants to entities, in- (9) Currently, only about 10 percent of pri- sions students and residents to identify and cluding domestic and sexual assault coali- mary care physicians routinely screen for in- provide health care services (including mentions and programs, research organizations, timate partner abuse during new patient vis- tal or behavioral health care services and re- tribal organizations, and academic institu- its and 9 percent routinely screen for inti- ferrals to appropriate community services) tions to support research to examine preven- mate partner abuse during periodic check- to individuals who are or who have experi- tion and intervention programs to further ups. enced domestic violence, sexual assault, and the understanding of sexual and domestic vi- (10) Recent clinical studies have proven the stalking or dating violence; and olence by and against adults, youth, and effectiveness of a 2-minute screening for ‘‘(B) plan and develop culturally com- children. early detection of abuse of pregnant women. petent clinical components for integration (b) USE OF FUNDS.—The research conducted Additional longitudinal studies have tested a into approved residency training programs under this section shall include evaluation 10-minute intervention that was proven that address health issues related to domes- and study of best practices for reducing and highly effective in increasing the safety of tic violence, sexual assault, dating violence, preventing violence against women and chil- pregnant abused women. Comparable re- and stalking, along with other forms of vio- dren addressed by the strategies included in search does not yet exist to support the ef- lence as appropriate, and include the pri- Department of Health and Human Services- fectiveness of screening men. macy of victim safety and confidentiality. related provisions this title, including strat- (11) Seventy to 81 percent of the patients ‘‘(2) PERMISSIVE USES.—Amounts provided egies addressing underserved communities. studied reported that they would like their under a grant under this section may be used (c) AUTHORIZATION OF APPROPRIATIONS.— healthcare providers to ask them privately to— There shall be authorized to be appropriated about intimate partner violence. ‘‘(A) offer community-based training op- to carry out this title $2,000,000 for each of SEC. 502. PURPOSE. portunities in rural areas for medical, nurs- the fiscal years 2007 through 2011. It is the purpose of this title to improve ing, and other students and residents on do- SEC. 403. PUBLIC AWARENESS CAMPAIGN. the health care system’s response to domes- mestic violence, sexual assault, stalking, (a) IN GENERAL.—The Attorney General, tic violence, dating violence, sexual assault, and dating violence, and other forms of vio- acting through the Office on Violence and stalking through the training and edu- lence and abuse, which may include the use Against Women], shall make grants to cation of health care providers, developing of distance learning networks and other States for carrying out a campaign to in- comprehensive public health responses to vi- available technologies needed to reach iso- crease public awareness of issues regarding olence against women and children, increas- lated rural areas; or domestic violence against pregnant women. ing the number of women properly screened, ‘‘(B) provide stipends to students who are (b) AUTHORIZATION OF APPROPRIATIONS.— identified, and treated for lifetime exposure underrepresented in the health professions as For the purpose of carrying out this section, to violence, and expanding research on effec- necessary to promote and enable their par- there are authorized to be appropriated such tive interventions in the health care setting. ticipation in clerkships, preceptorships, or other offsite training experiences that are sums as may be necessary for each of the fis- SEC. 503. TRAINING AND EDUCATION OF HEALTH cal years 2006 through 2010. PROFESSIONALS IN DOMESTIC AND designed to develop health care clinical skills related to domestic violence, sexual TITLE V—STRENGTHENING THE SEXUAL VIOLENCE. assault, dating violence, and stalking. HEALTHCARE SYSTEM’S RESPONSE TO Part D of title VII of the Public Health ‘‘(3) REQUIREMENTS.— DOMESTIC VIOLENCE, DATING VIO- Service Act (42 U.S.C. 294 et seq.) is amended ‘‘(A) CONFIDENTIALITY AND SAFETY.—Grant- LENCE, SEXUAL ASSAULT, AND STALK- by adding at the end the following: ees under this section shall ensure that all ING ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC VIO- educational programs developed with grant SEC. 501. FINDINGS. LENCE AND OTHER TYPES OF VIO- funds address issues of confidentiality and Congress makes the following findings: LENCE AND ABUSE. patient safety, and that faculty and staff as- (1) The health-related costs of intimate ‘‘(a) GRANTS.—The Secretary, acting sociated with delivering educational compo- partner violence in the United States exceed through the Director of the Health Re- nents are fully trained in procedures that $5,800,000,000 annually. sources and Services Administration, shall will protect the immediate and ongoing se- (2) Thirty-seven percent of all women who award grants under this section to develop curity of the patients, patient records, and sought care in hospital emergency rooms for interdisciplinary training and education pro- staff. Advocacy-based coalitions or other ex- violence-related injuries were injured by a grams that provide undergraduate, graduate, pertise available in the community shall be current or former spouse, boyfriend, or post-graduate medical, nursing (including consulted on the development and adequacy girlfriend. advanced practice nursing students), and of confidentially and security procedures, (3) In addition to injuries sustained during other health professions students with an un- and shall be fairly compensated by grantees violent episodes, physical and psychological derstanding of, and clinical skills pertinent for their services. abuse is linked to a number of adverse phys- to, domestic violence, sexual assault, stalk- ‘‘(B) RURAL PROGRAMS.—Rural training ical and mental health effects. Women who ing, and dating violence. programs carried out under paragraph (2)(A) have been abused are much more likely to ‘‘(b) ELIGIBILITY.—To be eligible to receive shall reflect adjustments in protocols and suffer from chronic pain, diabetes, depres- a grant under this section an entity shall— procedures or referrals that may be needed sion, unintended pregnancies, substance ‘‘(1) be an accredited school of allopathic to protect the confidentiality and safety of abuse and sexually transmitted infections, or osteopathic medicine; patients who live in small or isolated com- including HIV/AIDS. ‘‘(2) prepare and submit to the Secretary munities and who are currently or have pre- (4) Health plans spend an average of $1,775 an application at such time, in such manner, viously experienced violence or abuse. more a year on abused women than on gen- and containing such information as the Sec- ‘‘(4) CHILD AND ELDER ABUSE.—Issues re- eral enrollees. retary may require, including— lated to child and elder abuse may be ad- (5) Each year about 324,000 pregnant women ‘‘(A) information to demonstrate that the dressed as part of a comprehensive pro- in the United States are battered by the men applicant includes the meaningful participa- grammatic approach implemented under a in their lives. This battering leads to com- tion of a school of nursing and at least one grant under this section. plications of pregnancy, including low other school of health professions or grad- ‘‘(d) REQUIREMENTS OF GRANTEES.— weight gain, anemia, infections, and first uate program in public health, dentistry, so- ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- and second trimester bleeding. cial work, midwifery, or behavioral and men- PENSES.—A grantee shall not use more than (6) Pregnant and recently pregnant women tal health; 10 percent of the amounts received under a are more likely to be victims of homicide ‘‘(B) strategies for the dissemination and grant under this section for administrative than to die of any other pregnancy-related sharing of curricula and other educational expenses. cause, and evidence exists that a significant materials developed under the grant to other ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee proportion of all female homicide victims interested medical and nursing schools and under this section, and any entity receiving are killed by their intimate partners. national resource repositories for materials assistance under the grant for training and (7) Children who witness domestic violence on domestic violence and sexual assault; and education, shall contribute non-Federal are more likely to exhibit behavioral and ‘‘(C) a plan for consulting with commu- funds, either directly or through in-kind con- physical health problems including depres- nity-based coalitions or individuals who tributions, to the costs of the activities to be sion, anxiety, and violence towards peers. have experience and expertise in issues refunded under the grant in an amount that is They are also more likely to attempt sui- lated to domestic violence, sexual assault, not less than 25 percent of the total cost of cide, abuse drugs and alcohol, run away from dating violence, and stalking for services such activities. home, engage in teenage prostitution, and provided under the program carried out ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— commit sexual assault crimes. under the grant. There is authorized to be appropriated to

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00206 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.207 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13895

carry out this section, $3,000,000 for each of tal health, and economic needs of patients ‘‘(b) USE OF FUNDS.—Research conducted fiscal years 2007 through 2011. Amounts ap- either by increasing the capacity of existing with amounts received under a grant or con- propriated under this subsection shall re- health care professionals and behavioral and tract under this section shall include the fol- main available until expended.’’. public health staff to address domestic vio- lowing: SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH lence, dating violence, sexual assault, and ‘‘(1) With respect to the authority of the RESPONSES TO DOMESTIC VIO- stalking, by contracting with or hiring do- Centers for Disease Control and Prevention— LENCE, DATING VIOLENCE, SEXUAL mestic or sexual assault advocates to provide ‘‘(A) research on the effects of domestic vi- ASSAULT, AND STALKING GRANTS. the services, or to model other services ap- olence, dating violence, sexual assault, and Part P of title III of the Public Health propriate to the geographic and cultural childhood exposure to domestic, dating, or Service Act (42 U.S.C. 280g et seq.) is amend- needs of a site. sexual violence, on health behaviors, health ed by adding at the end the following: ‘‘(C) The evaluation of practice and the in- conditions, and the health status of individ- ‘‘SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH stitutionalization of identification, interven- uals, families, and populations; RESPONSES TO DOMESTIC VIO- tion, and documentation including quality ‘‘(B) research and testing of best messages LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING. improvement measurements. and strategies to mobilize public and health ‘‘(a) AUTHORITY TO AWARD GRANTS.— ‘‘(D) The provision of training and followup care provider action concerning the preven- ‘‘(1) IN GENERAL.—The Secretary, acting technical assistance to health care profes- tion of domestic, dating, or sexual violence; through the Director of the Centers for Dis- sionals, behavioral and public health staff, and ease Control and Prevention, shall award and allied health professionals to identify, ‘‘(C) measure the comparative effective- grants to eligible State, tribal, territorial, or assess, treat, and refer clients who are vic- ness and outcomes of efforts under this Act local entities to strengthen the response of tims of domestic violence, dating violence, to reduce violence and increase women’s State, tribal, territorial, or local health care sexual violence, or stalking. safety. systems to domestic violence, dating vio- ‘‘(3) PERMISSIVE STRATEGIES.—Strategies ‘‘(2) With respect to the authority of the lence, sexual assault, and stalking. implemented under paragraph (1) may in- Agency for Healthcare Research and Qual- ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to clude the following: ity— receive a grant under this section, an entity ‘‘(A) Where appropriate, the development ‘‘(A) research on the impact on the health shall— of training modules and policies that address care system, health care utilization, health ‘‘(A) be— the overlap of child abuse, domestic vio- care costs, and health status of domestic vio- ‘‘(i) a State department (or other division) lence, dating violence, sexual assault, and lence, dating violence, and childhood expo- of health, a State domestic or sexual assault stalking and elder abuse as well as childhood sure to domestic and dating violence, sexual coalition or service-based program, State exposure to domestic violence. violence and stalking and childhood expo- law enforcement task force, or any other ‘‘(B) The creation, adaptation, and imple- sure; and nonprofit, nongovernmental, tribal, terri- mentation of public education campaigns for ‘‘(B) research on effective interventions torial, or State entity with a history of ef- patients concerning domestic violence, dat- within primary care and emergency health fective work in the fields of domestic vio- ing violence, sexual assault, and stalking care settings and with health care settings lence, dating violence, sexual assault or prevention. that include clinical partnerships within stalking, and health care; or ‘‘(C) The development, adaptation, and dis- community domestic violence providers for ‘‘(ii) a local, nonprofit domestic violence, semination of domestic violence, dating vio- adults and children exposed to domestic or dating violence, sexual assault, or stalking lence, sexual assault, and stalking education dating violence. service-based program, a local department materials to patients and health care profes- ‘‘(c) USE OF DATA.—Research funded under (or other division) of health, a local health sionals and behavioral and public health this section shall be utilized by eligible enti- clinic, hospital, or health system, or any staff. ties under section 399O of the Public Health other nonprofit, tribal, or local entity with a ‘‘(D) The promotion of the inclusion of do- Service Act. history of effective work in the field of domestic violence, dating violence, sexual as- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— mestic or sexual violence and health; sault, and stalking into health professional There is authorized to be appropriated to ‘‘(B) prepare and submit to the Secretary training schools, including medical, dental, carry out this section, $5,000,000 for each of an application at such time, in such manner, nursing school, social work, and mental fiscal years 2007 through 2011.’’. health curriculum. and containing such agreements, assurances, TITLE VI—HOUSING OPPORTUNITIES AND ‘‘(E) The integration of domestic violence, and information as the Secretary determines SAFETY FOR BATTERED WOMEN AND dating violence, sexual assault, and stalking to be necessary to carry out the purposes for CHILDREN into health care accreditation and profes- which the grant is to be made; and SEC. 601. ADDRESSING THE HOUSING NEEDS OF ‘‘(C) demonstrate that the entity is rep- sional licensing examinations, such as medical, dental, social work, and nursing boards. VICTIMS OF DOMESTIC VIOLENCE, resenting a team of organizations and agen- DATING VIOLENCE, SEXUAL AS- LLOCATION OF UNDS cies working collaboratively to strengthen ‘‘(c) A F .—Funds appro- SAULT, AND STALKING. priated under this section shall be distrib- the response of the health care system in- The Violence Against Women Act of 1994 uted equally between State and local pro- volved to domestic violence, dating violence, (42 U.S.C. 13701 et seq.) is amended by adding grams. sexual assault, or stalking and that such at the end the following: team includes domestic violence, dating vio- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Subtitle N—Addressing the Housing Needs lence, sexual assault or stalking and health There is authorized to be appropriated to of Victims of Domestic Violence, Dating Vi- care organizations. award grants under this section, $5,000,000 for each of fiscal years 2007 through 2011.’’. olence, Sexual Assault, and Stalking ‘‘(3) DURATION.—A program conducted under a grant awarded under this section SEC. 505. RESEARCH ON EFFECTIVE INTERVEN- ‘‘SEC. 41401. FINDINGS. shall not exceed 2 years. TIONS IN THE HEALTHCARE SET- ‘‘Congress finds that: TING. ‘‘(b) USE OF FUNDS.— ‘‘(1) There is a strong link between domes- ‘‘(1) IN GENERAL.—An entity shall use Subtitle B of the Violence Against Women tic violence and homelessness. Among cities amounts received under a grant under this Act of 1994 (Public Law 103–322; 108 Stat. 1902 surveyed, 44 percent identified domestic vio- section to design and implement comprehen- et seq.), as amended by the Violence Against lence as a primary cause of homelessness. sive strategies to improve the response of Women Act of 2000 (114 Stat. 1491 et seq.), and ‘‘(2) Ninety-two percent of homeless the health care system involved to domestic as amended by this Act, is further amended women have experienced severe physical or or sexual violence in clinical and public by adding at the end the following: sexual abuse at some point in their lives. Of health settings, hospitals, clinics, managed ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE all homeless women and children, 60 percent care settings (including behavioral and men- INTERVENTIONS TO ADDRESS VIO- had been abused by age 12, and 63 percent tal health), and other health settings. LENCE AGAINST WOMEN have been victims of intimate partner vio- ‘‘(2) MANDATORY STRATEGIES.—Strategies ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTER- lence as adults. implemented under paragraph (1) shall in- VENTIONS IN THE HEALTH CARE ‘‘(3) Women and families across the coun- clude the following: SETTING. try are being discriminated against, denied ‘‘(A) The implementation, dissemination, ‘‘(a) PURPOSE.—The Secretary, acting access to, and even evicted from public and and evaluation of policies and procedures to through the Director of the Centers for Dis- subsidized housing because of their status as guide health care professionals and behav- ease Control and Prevention and the Direc- victims of domestic violence. ioral and public health staff in responding to tor of the Agency for Healthcare Research ‘‘(4) A recent survey of legal service pro- domestic violence, dating violence, sexual and Quality, shall award grants and con- viders around the country found that these assault, and stalking, including strategies to tracts to fund research on effective interven- providers have responded to almost 150 docu- ensure that health information is main- tions in the health care setting that prevent mented eviction cases in the last year alone tained in a manner that protects the pa- domestic violence, dating violence, and sex- where the tenant was evicted because of the tient’s privacy and safety and prohibits in- ual assault across the lifespan and that pre- domestic violence crimes committed against surance discrimination. vent the health effects of such violence and her. In addition, nearly 100 clients were de- ‘‘(B) The development of on-site access to improve the safety and health of individuals nied housing because of their status as vic- services to address the safety, medical, men- who are currently being victimized. tims of domestic violence.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00207 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.207 S16DEPT1 S13896 CONGRESSIONAL RECORD — SENATE December 16, 2005 ‘‘(5) Women who leave their abusers fre- to domestic violence, dating violence, sexual Native American Housing Assistance and quently lack adequate emergency shelter op- assault, and stalking, while maintaining a Self-Determination Act of 1996 (25 U.S.C. 4101 tions. The lack of adequate emergency op- safe environment for all housing residents. et seq.); and tions for victims presents a serious threat to ‘‘SEC. 41403. DEFINITIONS. ‘‘(9) the term ‘tribally designated housing their safety and the safety of their children. ‘‘For purposes of this subtitle— entity’ means a housing entity described in Requests for emergency shelter by homeless ‘‘(1) the term ‘assisted housing’ means the Native American Housing Assistance and women with children increased by 78 percent housing assisted— Self-Determination Act of 1996 (25 U.S.C. of United States cities surveyed in 2004. In ‘‘(A) under sections 213, 220, 221(d)(3), 4103(21)); the same year, 32 percent of the requests for 221(d)(4), 223(e), 231, or 236 of the National ‘‘SEC. 41404. COLLABORATIVE GRANTS TO IN- shelter by homeless families went unmet due Housing Act (12 U.S.C. 1715l(d)(3), (d)(4), or CREASE THE LONG-TERM STABILITY to the lack of available emergency shelter 1715z–1); OF VICTIMS. beds. ‘‘(B) under section 101 of the Housing and ‘‘(a) GRANTS AUTHORIZED.— ‘‘(6) The average stay at an emergency Urban Development Act of 1965 (12 U.S.C. ‘‘(1) IN GENERAL.—The Secretary of Health shelter is 60 days, while the average length 1701s); and Human Services, acting through the Ad- of time it takes a homeless family to secure ‘‘(C) under section 202 of the Housing Act ministration of Children and Families, in housing is 6 to 10 months. of 1959 (12 U.S.C. 1701q); partnership with the Secretary of Housing ‘‘(7) Victims of domestic violence often re- ‘‘(D) under section 811 of the Cranston- and Urban Development, shall award grants, turn to abusive partners because they cannot Gonzales National Affordable Housing Act contracts, or cooperative agreements for a find long-term housing. (42 U.S.C. 8013); period of not less than 2 years to eligible en- ‘‘(8) There are not enough Federal housing ‘‘(E) under title II of the Cranston- tities to develop long-term sustainability rent vouchers available to accommodate the Gonzales National Affordable Housing Act and self-sufficiency options for adult and number of people in need of long-term hous- (42 U.S.C. 12701 et seq.); youth victims of domestic violence, dating ing. Some people remain on the waiting list ‘‘(F) under subtitle D of title VIII of the violence, sexual assault, and stalking who for Federal housing rent vouchers for years, Cranston-Gonzalez National Affordable are currently homeless or at risk for becom- while some lists are closed. Housing Act (42 U.S.C. 12901 et seq.); ing homeless. ‘‘(9) Transitional housing resources and ‘‘(G) under title I of the Housing and Com- ‘‘(2) AMOUNT.—The Secretary of Health and services provide an essential continuum be- munity Development Act of 1974 (42 U.S.C. Human Services shall award funds in tween emergency shelter provision and inde- 5301 et seq.); or amounts— pendent living. A majority of women in tran- ‘‘(H) under section 8 of the United States ‘‘(A) not less than $25,000 per year; and sitional housing programs stated that had Housing Act of 1937 (42 U.S.C. 1437f); ‘‘(B) not more than $1,000,000 per year. these programs not existed, they would have ‘‘(2) the term ‘continuum of care’ means a ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to likely gone back to abusive partners. community plan developed to organize and receive funds under this section, an entity ‘‘(10) Because abusers frequently manipu- deliver housing and services to meet the spe- shall demonstrate that it is a coalition or late finances in an effort to control their cific needs of people who are homeless as partnership, applying jointly, that— partners, victims often lack steady income, they move to stable housing and achieve ‘‘(1) shall include a domestic violence vic- credit history, landlord references, and a maximum self-sufficiency; tim service provider; current address, all of which are necessary to ‘‘(3) the term ‘low-income housing assist- ‘‘(2) shall include— obtain long-term permanent housing. ance voucher’ means housing assistance de- ‘‘(A) a homeless service provider; ‘‘(11) Victims of domestic violence in rural scribed in section 8 of the United States ‘‘(B) a nonprofit, nongovernmental com- areas face additional barriers, challenges, Housing Act of 1937 (42 U.S.C. 1437f); munity housing development organization or and unique circumstances, such as geo- ‘‘(4) the term ‘public housing’ means hous- a Department of Agriculture rural housing ing described in section 3(b)(1) of the United graphical isolation, poverty, lack of public service program; or States Housing Act of 1937 (42 U.S.C. transportation systems, shortages of health ‘‘(C) in the absence of a homeless service 1437a(b)(1)); care providers, under-insurance or lack of provider on tribal lands or nonprofit, non- ‘‘(5) the term ‘public housing agency’ health insurance, difficulty ensuring con- governmental community housing develop- means an agency described in section 3(b)(6) fidentiality in small communities, and de- ment organization on tribal lands, a tribally of the United States Housing Act of 1937 (42 creased access to many resources (such as designated housing entity or tribal housing U.S.C. 1437a(b)(6)); advanced education, job opportunities, and consortium; ‘‘(6) the terms ‘homeless’, ‘homeless indi- adequate childcare). ‘‘(3) may include a dating violence, sexual vidual’, and ‘homeless person’— ‘‘(12) Congress and the Secretary of Hous- assault, or stalking victim service provider; ‘‘(A) mean an individual who lacks a fixed, ing and Urban Development have recognized ‘‘(4) may include housing developers, hous- regular, and adequate nighttime residence; ing corporations, State housing finance in recent years that families experiencing and domestic violence have unique needs that agencies, other housing agencies, and asso- ‘‘(B) includes— ciations representing landlords; should be addressed by those administering ‘‘(i) an individual who— the Federal housing programs. ‘‘(5) may include a public housing agency ‘‘(I) is sharing the housing of other persons or tribally designated housing entity; ‘‘SEC. 41402. PURPOSE. due to loss of housing, economic hardship, or ‘‘(6) may include tenant organizations in ‘‘The purpose of this subtitle is to reduce a similar reason; public or tribally designated housing, as well domestic violence, dating violence, sexual ‘‘(II) is living in a motel, hotel, trailer as nonprofit, nongovernmental tenant orga- assault, and stalking, and to prevent home- park, or campground due to the lack of alter- nizations; lessness by— native adequate accommodations; ‘‘(7) may include other nonprofit, non- ‘‘(1) protecting the safety of victims of do- ‘‘(III) is living in an emergency or transi- governmental organizations participating in mestic violence, dating violence, sexual as- tional shelter; the Department of Housing and Urban Devel- sault, and stalking who reside in homeless ‘‘(IV) is abandoned in a hospital; or opment’s Continuum of Care process; shelters, public housing, assisted housing, ‘‘(V) is awaiting foster care placement; ‘‘(8) may include a State, tribal, terri- tribally designated housing, or other emer- ‘‘(ii) an individual who has a primary torial, or local government or government gency, transitional, permanent, or affordable nighttime residence that is a public or pri- agency; and housing, and ensuring that such victims vate place not designed for or ordinarily used ‘‘(9) may include any other agencies or have meaningful access to the criminal jus- as a regular sleeping accommodation for nonprofit, nongovernmental organizations tice system without jeopardizing such hous- human beings; or with the capacity to provide effective help to ing; ‘‘(iii) migratory children (as defined in sec- adult and youth victims of domestic vio- ‘‘(2) creating long-term housing solutions tion 1309 of the Elementary and Secondary lence, dating violence, sexual assault, or that develop communities and provide sus- Education Act of 1965; 20 U.S.C. 6399) who stalking. tainable living solutions for victims of do- qualify as homeless under this section be- ‘‘(c) APPLICATION.—Each eligible entity mestic violence, dating violence, sexual as- cause the children are living in cir- seeking funds under this section shall submit sault, and stalking; cumstances described in this paragraph; an application to the Secretary of Health ‘‘(3) building collaborations among victim ‘‘(7) the term ‘homeless service provider’ and Human Services at such time, in such service providers, homeless service pro- means a nonprofit, nongovernmental home- manner, and containing such information as viders, housing providers, and housing agen- less service provider, such as a homeless the Secretary of Health and Human Services cies to provide appropriate services, inter- shelter, a homeless service or advocacy pro- may require. ventions, and training to address the housing gram, a tribal organization serving homeless ‘‘(d) USE OF FUNDS.— needs of victims of domestic violence, dating individuals, or coalition or other nonprofit, ‘‘(1) IN GENERAL.—Funds awarded to eligi- violence, sexual assault, and stalking; and nongovernmental organization carrying out ble entities under subsection (a) shall be ‘‘(4) enabling public and assisted housing a community-based homeless or housing pro- used to design or replicate and implement agencies, tribally designated housing enti- gram that has a documented history of effec- new activities, services, and programs to in- ties, private landlords, property manage- tive work concerning homelessness; crease the stability and self-sufficiency of, ment companies, and other housing pro- ‘‘(8) the term ‘tribally designated housing’ and create partnerships to develop long-term viders and agencies to respond appropriately means housing assistance described in the housing options for adult and youth victims

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00208 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.207 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13897 of domestic violence, dating violence, sexual through 2011 to carry out the provisions of ‘‘(D) plans are developed that establish assault, or stalking, and their dependents, this section. meaningful consultation and coordination who are currently homeless or at risk of be- ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE with local victim service providers, tenant coming homeless. AGAINST WOMEN IN PUBLIC AND AS- organizations, linguistically and culturally ‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.— SISTED HOUSING. specific service providers, State domestic vi- Such activities, services, or programs de- ‘‘(a) PURPOSE.—It is the purpose of this olence and sexual assault coalitions, and, scribed in paragraph (1) shall develop sus- section to assist eligible grantees in respond- where they exist, tribal domestic violence tainable long-term living solutions in the ing appropriately to domestic violence, dat- and sexual assault coalitions; and community by— ing violence, sexual assault, and stalking so ‘‘(E) its policies and practices will be in ‘‘(A) coordinating efforts and resources that the status of being a victim of such a compliance with those described in this among the various groups and organizations crime is not a reason for the denial or loss of paragraph within the later of 1 year or a pe- comprised in the entity to access existing housing. Such assistance shall be accom- riod selected by the Attorney General in con- private and public funding; plished through— sultation with the Secretary and ACYF. ‘‘(B) assisting with the placement of indi- ‘‘(1) education and training of eligible enti- ‘‘(d) APPLICATION.—Each eligible entity viduals and families in long-term housing; ties; seeking a grant under this section shall sub- and ‘‘(2) development and implementation of mit an application to the Attorney General at such a time, in such a manner, and con- ‘‘(C) providing services to help individuals appropriate housing policies and practices; taining such information as the Attorney or families find and maintain long-term ‘‘(3) enhancement of collaboration with General may require. housing, including financial assistance and victim service providers and tenant organi- ‘‘(e) CERTIFICATION.— support services; zations; and ‘‘(1) IN GENERAL.—A public housing agency, ‘‘(3) may develop partnerships with individ- ‘‘(4) reduction of the number of victims of tribally designated housing entity, or as- uals, organizations, corporations, or other such crimes who are evicted or denied hous- sisted housing provider receiving funds under entities that provide capital costs for the ing because of crimes and lease violations this section may request that an individual purchase, preconstruction, construction, ren- committed or directly caused by the per- claiming relief under this section certify ovation, repair, or conversion of affordable petrators of such crimes. that the individual is a victim of domestic housing units; ‘‘(b) GRANTS AUTHORIZED.— violence, dating violence, sexual assault, or ‘‘(4) may use funds for the administrative ‘‘(1) IN GENERAL.—The Attorney General, stalking. The individual shall provide a copy expenses related to the continuing operation, acting through the Director of the Violence of such certification to the public housing upkeep, maintenance, and use of housing de- Against Women Office of the Department of agency, tribally designated housing entity, scribed in paragraph (3); and Justice (‘Director’), and in consultation with or assisted housing provider within a reason- ‘‘(5) may provide to the community infor- the Secretary of Housing and Urban Develop- able period of time after the agency or au- mation about housing and housing programs, ment (‘Secretary’), and the Secretary of thority requests such certification. and the process to locate and obtain long- Health and Human Services, acting through ‘‘(2) CONTENTS.—An individual may satisfy term housing. the Administration for Children, Youth and the certification requirement of paragraph ‘‘(e) LIMITATION.—Funds provided under Families (‘ACYF’), shall award grants and (1) by— paragraph (a) shall not be used for construc- contracts for not less than 2 years to eligible ‘‘(A) providing the public housing agency, tion, modernization or renovation. grantees to promote the full and equal access tribally designated housing entity, or as- ‘‘(f) UNDERSERVED POPULATIONS AND PRIOR- to and use of housing by adult and youth vic- sisted housing provider with documentation, ITIES.—In awarding grants under this sec- tims of domestic violence, dating violence, signed by an employee, agent, or volunteer tion, the Secretary of Health and Human sexual assault, and stalking. of a victim service provider, an attorney, a Services shall— ‘‘(2) AMOUNTS.—Not less than 15 percent of member of the clergy, a medical profes- ‘‘(1) give priority to linguistically and cul- the funds appropriated to carry out this sec- sional, or any other professional from whom turally specific services; tion shall be available for grants to tribally the victim has sought assistance in address- ‘‘(2) give priority to applications from enti- designated housing entities. ing domestic violence, dating violence, sex- ties that include a sexual assault service pro- ‘‘(3) AWARD BASIS.—The Attorney General ual assault, or stalking, or the effects of vider as described in subsection (b)(3); and shall award grants and contracts under this abuse; or ‘‘(3) award a minimum of 15 percent of the section on a competitive basis. ‘‘(B) producing a Federal, State, tribal, ter- funds appropriated under this section in any ‘‘(4) LIMITATION.—Appropriated funds may ritorial, or local police or court record. fiscal year to tribal organizations. only be used for the purposes described in ‘‘(3) LIMITATION.—Nothing in this sub- ‘‘(g) DEFINITIONS.—For purposes of this sec- subsection (f). section shall be construed to require any tion: ‘‘(c) ELIGIBLE GRANTEES.— housing agency, assisted housing provider, ‘‘(1) AFFORDABLE HOUSING.—The term ‘af- ‘‘(1) IN GENERAL.—Eligible grantees are— tribally designated housing entity, owner, or fordable housing’ means housing that com- ‘‘(A) public housing agencies; manager to demand that an individual plies with the conditions set forth in section ‘‘(B) principally managed public housing produce official documentation or physical 215 of the Cranston-Gonzalez National Af- resident management corporations, as deter- proof of the individual’s status as a victim of fordable Housing Act (42 U.S.C. 12745). mined by the Secretary; domestic violence, dating violence, sexual ‘‘(2) LONG-TERM HOUSING.—The term ‘long- ‘‘(C) public housing projects owned by pub- assault, or stalking, in order to receive any term housing’ means housing that is sustain- lic housing agencies; of the benefits provided in this section. A able, accessible, affordable, and safe for the ‘‘(D) tribally designated housing entities; housing agency, assisted housing provider, foreseeable future and is— and tribally designated housing entity, owner, or ‘‘(A) rented or owned by the individual; ‘‘(E) private, for-profit, and nonprofit own- manager may provide benefits to an indi- ‘‘(B) subsidized by a voucher or other pro- ers or managers of assisted housing. vidual based solely on the individual’s state- gram which is not time-limited and is avail- ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT- ment or other corroborating evidence. able for as long as the individual meets the EES.—To receive assistance under this sec- ‘‘(4) CONFIDENTIALITY.— eligibility requirements for the voucher or tion, an eligible grantee shall certify that— ‘‘(A) IN GENERAL.—All information pro- program; or ‘‘(A) its policies and practices do not provided to any housing agency, assisted hous- ‘‘(C) provided directly by a program, agen- hibit or limit a resident’s right to summon ing provider, tribally designated housing en- cy, or organization and is not time-limited police or other emergency assistance in re- tity, owner, or manager pursuant to para- and is available for as long as the individual sponse to domestic violence, dating violence, graph (1), including the fact that an indi- meets the eligibility requirements for the sexual assault, or stalking; vidual is a victim of domestic violence, dat- program, agency, or organization. ‘‘(B) programs and services are developed ing violence, sexual assault, or stalking, ‘‘(h) EVALUATION, MONITORING, ADMINIS- that give a preference in admission to adult shall be retained in confidence by such agen- TRATION, AND TECHNICAL ASSISTANCE.—For and youth victims of such violence, con- cy, and shall neither be entered into any purposes of this section— sistent with local housing needs, and appli- shared database, nor provided to any related ‘‘(1) up to 5 percent of the funds appro- cable law and the Secretary’s instructions; housing agency, assisted housing provider, priated under subsection (i) for each fiscal ‘‘(C) it does not discriminate against any tribally designated housing entity, owner, or year may be used by the Secretary of Health person— manager, except to the extent that disclo- and Human Services for evaluation, moni- ‘‘(i) because that person is or is perceived sure is— toring, and administration costs under this to be, or has a family or household member ‘‘(i) requested or consented to by the indi- section; and who is or is perceived to be, a victim of such vidual in writing; or ‘‘(2) up to 8 percent of the funds appro- violence; or ‘‘(ii) otherwise required by applicable law. priated under subsection (i) for each fiscal ‘‘(ii) because of the actions or threatened ‘‘(B) NOTIFICATION.—Public housing agen- year may be used to provide technical assist- actions of the individual who the victim, as cies must provide notice to tenants of their ance to grantees under this section. certified in subsection (e), states has com- rights under this section, including their ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— mitted or threatened to commit acts of such right to confidentiality and the limits there- There are authorized to be appropriated violence against the victim, or against the of, and to owners and managers of their $10,000,000 for each of fiscal years 2007 victim’s family or household member; rights and obligations under this section.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00209 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.207 S16DEPT1 S13898 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(f) USE OF FUNDS.—Grants and contracts (A) by inserting ‘‘the Department of Hous- lence, dating violence, sexual assault, or awarded pursuant to subsection (a) shall pro- ing and Urban Development, and the Depart- stalking, and their dependents. vide to eligible entities personnel, training, ment of Health and Human Services,’’ after ‘‘(ii) Priority shall be given to projects de- and technical assistance to develop and im- ‘‘Department of Justice,’’; veloped under subsection (b) that primarily plement policies, practices, and procedures, (B) by inserting ‘‘, including domestic vio- serve underserved populations.’’. making physical improvements or changes, lence and sexual assault victim service pro- SEC. 603. PUBLIC HOUSING AUTHORITY PLANS and developing or enhancing collaborations viders, domestic violence and sexual assault REPORTING REQUIREMENT. for the purposes of— coalitions, other nonprofit, nongovernmental Section 5A of the United States Housing ‘‘(1) enabling victims of domestic violence, organizations, or community-based and cul- Act of 1937 (42 U.S.C. 1437c–1) is amended— dating violence, sexual assault, and stalking turally specific organizations, that have a (1) in subsection (a)— with otherwise disqualifying rental, credit, documented history of effective work con- (A) in paragraph (1), by striking ‘‘para- or criminal histories to be eligible to obtain cerning domestic violence, dating violence, graph (2)’’ and inserting ‘‘paragraph (3)’’; housing or housing assistance, if such vic- sexual assault, or stalking’’ after ‘‘other or- (B) by redesignating paragraph (2) as para- tims would otherwise qualify for housing or ganizations’’; and graph (3); and housing assistance and can provide docu- (C) in paragraph (1), by inserting ‘‘, dating (C) by inserting after paragraph (1) the fol- mented evidence that demonstrates the caus- violence, sexual assault, or stalking’’ after lowing: al connection between such violence or abuse ‘‘domestic violence’’; ‘‘(2) STATEMENT OF GOALS.—The 5-year plan and the victims’ negative histories; (2) in subsection (b)— shall include a statement by any public ‘‘(2) permitting applicants for housing or (A) by redesignating paragraphs (1) and (2) housing agency of the goals, objectives, poli- housing assistance to provide incomplete as paragraphs (2) and (3), respectively; cies, or programs that will enable the hous- rental and employment histories, otherwise (B) in paragraph (3), as redesignated, by in- ing authority to serve the needs of child and required as a condition of admission or as- serting ‘‘, dating violence, sexual assault, or adult victims of domestic violence, dating sistance, if the victim believes that pro- stalking’’ after ‘‘violence’’; violence, sexual assault, or stalking.’’; viding such rental and employment history (C) by inserting before paragraph (2), as re- (2) in subsection (d), by redesignating para- would endanger the victim’s or the victim designated, the following: graphs (13), (14), (15), (16), (17), and (18), as children’s safety; ‘‘(1) transitional housing, including fund- paragraphs (14), (15), (16), (17), (18), and (19), ‘‘(3) protecting victims’ confidentiality, in- ing for the operating expenses of newly de- respectively; and cluding protection of victims’ personally veloped or existing transitional housing.’’; (3) by inserting after paragraph (12) the fol- identifying information, address, or rental and lowing: history; (D) in paragraph (3)(B) as redesignated, by ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, ‘‘(4) assisting victims who need to leave a inserting ‘‘Participation in the support serv- SEXUAL ASSAULT, OR STALKING PROGRAMS.—A public housing, tribally designated housing, ices shall be voluntary. Receipt of the bene- description of— or assisted housing unit quickly to protect fits of the housing assistance described in ‘‘(A) any activities, services, or programs their safety, including those who are seeking paragraph (2) shall not be conditioned upon provided or offered by an agency, either di- transfer to a new public housing unit, trib- the participation of the youth, adults, or rectly or in partnership with other service ally designated housing unit, or assisted their dependents in any or all of the support providers, to child or adult victims of domes- housing unit, whether in the same or a dif- services offered them.’’ after ‘‘assistance.’’; tic violence, dating violence, sexual assault, ferent neighborhood or jurisdiction; (3) in paragraph (1) of subsection (c), by or stalking; ‘‘(B) any activities, services, or programs ‘‘(5) enabling the public housing agency, striking ‘‘18 months’’ and inserting ‘‘24 provided or offered by a public housing agen- tribally designated housing entity, or as- months’’; cy that helps child and adult victims of do- sisted housing provider, or the victim, to re- (4) in subsection (d)(2)— mestic violence, dating violence, sexual as- move, consistent with applicable State law, (A) by striking ‘‘and’’ at the end of sub- sault, or stalking, to obtain or maintain the perpetrator of domestic violence, dating paragraph (A); housing; and violence, sexual assault, or stalking without (B) by redesignating subparagraph (B) as subparagraph (C); and ‘‘(C) any activities, services, or programs evicting, removing, or otherwise penalizing (C) by inserting after subparagraph (A) the provided or offered by a public housing agen- the victim; following: cy to prevent domestic violence, dating vio- ‘‘(6) enabling the public housing agency, ‘‘(B) provide assurances that any sup- lence, sexual assault, and stalking, or to en- tribally designated housing entity, or as- portive services offered to participants in hance victim safety in assisted families.’’. sisted housing provider, when notified, to programs developed under subsection (b)(3) honor court orders addressing rights of ac- SEC. 604. HOUSING STRATEGIES. are voluntary and that refusal to receive cess to or control of the property, including Section 105(b)(1) of the Cranston-Gonzalez such services shall not be grounds for termi- civil protection orders issued to protect the National Affordable Housing Act (42 U.S.C. nation from the program or eviction from 12705(b)(1)) is amended by inserting after victim and issued to address the distribution the victim’s housing; and’’; ‘‘immunodeficiency syndrome,’’ the fol- or possession of property among the house- (5) in subsection (e)(2)— lowing: ‘‘victims of domestic violence, dat- hold members in cases where a family breaks (A) in subparagraph (A), by inserting ‘‘pur- ing violence, sexual assault, and stalking’’. up; pose and’’ before ‘‘amount’’; ‘‘(7) developing and implementing more ef- SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO (B) in clause (ii) of subparagraph (C), by HOMELESS ASSISTANCE ACT. fective security policies, protocols, and serv- striking ‘‘and’’; Section 423 of the Stewart B. McKinney ices; (C) in subparagraph (D), by striking the pe- Homeless Assistance Act (42 U.S.C. 11383) is ‘‘(8) allotting not more than 15 percent of riod and inserting ‘‘; and’’; and amended— funds awarded under the grant to make mod- (D) by adding at the end the following new (1) by adding at the end of subsection (a) est physical improvements to enhance safe- subparagraph: the following: ty; ‘‘(E) the client population served and the ‘‘(8) CONFIDENTIALITY.— ‘‘(9) training personnel to more effectively number of individuals requesting services ‘‘(A) VICTIM SERVICE PROVIDERS.—In the identify and respond to victims of domestic that the transitional housing program is un- course of awarding grants or implementing violence, dating violence, sexual assault, and able to serve as a result of a lack of re- programs under this subsection, the Sec- stalking; and sources.’’; and retary shall instruct any victim service pro- ‘‘(10) effectively providing notice to appli- (6) in subsection (g)— vider that is a recipient or subgrantee not to cants and residents of the above housing (A) in paragraph (1), by striking disclose for purposes of a Homeless Manage- policies, practices, and procedures. ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; ment Information System personally identi- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (B) in paragraph (1), by striking ‘‘2004’’ and fying information about any client. The Sec- There are authorized to be appropriated inserting ‘‘2007’’; retary may, after public notice and com- $10,000,000 for each of fiscal years 2007 (C) in paragraph (1), by striking ‘‘2008’’ and ment, require or ask such recipients and sub- through 2011 to carry out the provisions of inserting ‘‘2011’’; grantees to disclose for purposes of a Home- this section. (D) in paragraph (2), by striking ‘‘not more less Management Information System non- ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of the amount appropriated under sub- than 3 percent’’ and inserting ‘‘up to 5 per- personally identifying data that has been de- section (g) for each fiscal year shall be used cent’’; identified, encrypted, or otherwise encoded. by the Attorney General for technical assist- (E) in paragraph (2), by inserting ‘‘evalua- Nothing in this section shall be construed to ance costs under this section.’’. tion, monitoring, technical assistance,’’ be- supersede any provision of any Federal, fore ‘‘salaries’’; and State, or local law that provides greater pro- SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC (F) in paragraph (3), by adding at the end tection than this paragraph for victims of VIOLENCE, DATING VIOLENCE, SEX- the following new subparagraphs: domestic violence, dating violence, sexual UAL ASSAULT, OR STALKING. ‘‘(C) UNDERSERVED POPULATIONS.— assault, or stalking. (a) IN GENERAL.—Section 40299 of the Vio- ‘‘(i) A minimum of 7 percent of the total ‘‘(B) DEFINITIONS.— lence Against Women Act of 1994 (42 U.S.C. amount appropriated in any fiscal year shall ‘‘(i) PERSONALLY IDENTIFYING INFORMATION 13975) is amended— be allocated to tribal organizations serving OR PERSONAL INFORMATION.—The term ‘per- (1) in subsection (a)— adult and youth victims of domestic vio- sonally identifying information’ or ‘personal

VerDate Aug 31 2005 07:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00210 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.208 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13899 information’ means individually identifying subject an individual who is or has been a termining whether to evict or terminate; (V) information for or about an individual in- victim of domestic violence, dating violence, nothing in subclause (I) may be construed to cluding information likely to disclose the lo- or stalking to a more demanding standard limit the authority of an owner or manager cation of a victim of domestic violence, dat- than other tenants in determining whether to evict, or the public housing agency to ter- ing violence, sexual assault, or stalking, in- to evict or terminate. minate assistance, to any tenant if the cluding— ‘‘(v) Nothing in clause (i) may be construed owner, manager, or public housing agency ‘‘(I) a first and last name; to limit the authority of an owner, manager, can demonstrate an actual and imminent ‘‘(II) a home or other physical address; or public housing agency to evict or termi- threat to other tenants or those employed at ‘‘(III) contact information (including a nate from assistance any tenant or lawful or providing service to the property if that postal, e-mail or Internet protocol address, occupant if the owner, manager or public tenant is not evicted or terminated from as- or telephone or facsimile number); housing agency can demonstrate an actual sistance; and (VI) nothing in this section ‘‘(IV) a social security number; and and imminent threat to other tenants or shall be construed to supersede any provision ‘‘(V) any other information, including date those employed at or providing service to the of any Federal, State, or local law that proof birth, racial or ethnic background, or reli- property if that tenant is not evicted or ter- vides greater protection than this section for gious affiliation, that, in combination with minated from assistance. victims of domestic violence, dating vio- any other non-personally identifying infor- ‘‘(vi) Nothing in this section shall be con- lence, or stalking.’’; mation would serve to identify any indi- strued to supersede any provision of any (3) in subsection (f)— vidual. Federal, State, or local law that provides (A) in paragraph (6), by striking ‘‘and’’; ‘‘(ii) VICTIM SERVICE PROVIDER.—The term greater protection than this section for vic- (B) in paragraph (7), by striking the period ‘victim service provider’ or ‘victim service tims of domestic violence, dating violence, at the end and inserting a semicolon; and providers’ means a nonprofit, nongovern- or stalking.’’; (C) by adding at the end the following new mental organization including rape crisis (2) in subsection (d)— paragraphs: centers, battered women’s shelters, domestic (A) in paragraph (1)(A), by inserting after ‘‘(8) the term ‘domestic violence’ has the violence transitional housing programs, and ‘‘public housing agency’’ the following: ‘‘and same meaning given the term in section other programs whose primary mission is to that an applicant or participant is or has 40002 of the Violence Against Women Act of provide services to victims of domestic vio- been a victim of domestic violence, dating 1994; lence, dating violence, sexual assault, or violence, or stalking is not an appropriate ‘‘(9) the term ‘dating violence’ has the stalking.’’. basis for denial of program assistance or for same meaning given the term in section SEC. 606. AMENDMENTS TO THE LOW-INCOME denial of admission if the applicant other- 40002 of the Violence Against Women Act of HOUSING ASSISTANCE VOUCHER wise qualifies for assistance or admission’’; 1994; and PROGRAM. (B) in paragraph (1)(B)(ii), by inserting ‘‘(10) the term ‘stalking’ means— Section 8 of the United States Housing Act after ‘‘other good cause’’ the following: ‘‘, ‘‘(A)(i) to follow, pursue, or repeatedly of 1937 (42 U.S.C. 1437f) is amended— and that an incident or incidents of actual or commit acts with the intent to kill, injure, (1) in subsection (c), by adding at the end threatened domestic violence, dating vio- harass, or intimidate another person; and the following new paragraph: lence, or stalking will not be construed as a ‘‘(ii) to place under surveillance with the ‘‘(9)(A) That an applicant or participant is serious or repeated violation of the lease by intent to kill, injure, harass, or intimidate or has been a victim of domestic violence, the victim or threatened victim of that vio- another person; and dating violence, or stalking is not an appro- lence and will not be good cause for termi- ‘‘(B) in the course of, or as a result of, such priate basis for denial of program assistance nating the tenancy or occupancy rights of following, pursuit, surveillance, or repeat- or for denial of admission, if the applicant the victim of such violence’’; and edly committed acts, to place a person in otherwise qualifies for assistance or admis- (C) in paragraph (1)(B)(iii), by inserting reasonable fear of the death of, or serious sion. after ‘‘termination of tenancy’’ the fol- bodily injury to, or to cause substantial ‘‘(B) An incident or incidents of actual or lowing: ‘‘, except that (I) criminal activity emotional harm to— threatened domestic violence, dating vio- directly relating to domestic violence, dat- ‘‘(i) that person; lence, or stalking will not be construed as a ing violence, or stalking, engaged in by a ‘‘(ii) a member of the immediate family of serious or repeated violation of the lease by member of a tenant’s household or any guest that person; or the victim or threatened victim of that vio- or other person under the tenant’s control, ‘‘(iii) the spouse or intimate partner of lence and shall not be good cause for termi- shall not be cause for termination of the ten- that person; and nating the assistance, tenancy, or occupancy ancy or occupancy rights or program assist- ‘‘(11) the term ‘immediate family member’ rights of the victim of such violence. ance, if the tenant or immediate member of means, with respect to a person— ‘‘(C)(i) Criminal activity directly relating the tenant’s family is a victim of that do- ‘‘(A) a spouse, parent, brother or sister, or to domestic violence, dating violence, or mestic violence, dating violence, or stalking; child of that person, or an individual to stalking, engaged in by a member of a ten- (II) notwithstanding subclause (I), a public whom that person stands in loco parentis; or ant’s household or any guest or other person housing agency may terminate assistance to ‘‘(B) any other person living in the house- under the tenant’s control shall not be cause any individual who is a tenant or lawful oc- hold of that person and related to that per- for termination of assistance, tenancy, or occupant and who engages in criminal acts of son by blood and marriage.’’; cupancy rights if the tenant or an immediate physical violence against family members or (4) in subsection (o)— member of the tenant’s family is the victim others, or an owner or manager under this (A) by inserting at the end of paragraph or threatened victim of that domestic vio- section may bifurcate a lease, in order to (6)(B) the following new sentence: ‘‘That an lence, dating violence, or stalking. evict, remove, or terminate assistance to applicant or participant is or has been a vic- ‘‘(ii) Notwithstanding clause (i), an owner any individual who is a tenant or lawful oc- tim of domestic violence, dating violence, or or manager may bifurcate a lease under this cupant and who engages in criminal acts of stalking is not an appropriate basis for de- section, in order to evict, remove, or termi- physical violence against family members or nial of program assistance by or for denial of nate assistance to any individual who is a others, without evicting, removing, termi- admission if the applicant otherwise quali- tenant or lawful occupant and who engages nating assistance to, or otherwise penalizing fies for assistance for admission, and that in criminal acts of physical violence against the victim of such violence who is also a ten- nothing in this section shall be construed to family members or others, without evicting, ant or lawful occupant; (III) nothing in sub- supersede any provision of any Federal, removing, terminating assistance to, or oth- clause (I) may be construed to limit the au- State, or local law that provides greater pro- erwise penalizing the victim of such violence thority of a public housing agency, owner, or tection than this section for victims of do- who is also a tenant or lawful occupant. manager, when notified, to honor court or- mestic violence, dating violence, or stalk- ‘‘(iii) Nothing in clause (i) may be con- ders addressing rights of access to or control ing.’’; strued to limit the authority of a public of the property, including civil protection or- (B) in paragraph (7)(C), by inserting after housing agency, owner, or manager, when ders issued to protect the victim and issued ‘‘other good cause’’ the following: ‘‘, and that notified, to honor court orders addressing to address the distribution or possession of an incident or incidents of actual or threat- rights of access to or control of the property, property among the household members in ened domestic violence, dating violence, or including civil protection orders issued to cases where a family breaks up; (IV) nothing stalking shall not be construed as a serious protect the victim and issued to address the in subclause (I) limits any otherwise avail- or repeated violation of the lease by the vic- distribution or possession of property among able authority of an owner or manager to tim or threatened victim of that violence the household members in cases where a evict or the public housing agency to termi- and shall not be good cause for terminating family breaks up. nate assistance to a tenant for any violation the tenancy or occupancy rights of the vic- ‘‘(iv) Nothing in clause (i) limits any other- of a lease not premised on the act or acts of tim of such violence’’; wise available authority of an owner or man- violence in question against the tenant or a (C) in paragraph (7)(D), by inserting after ager to evict or the public housing agency to member of the tenant’s household, provided ‘‘termination of tenancy’’ the following: ‘‘; terminate assistance to a tenant for any vio- that the owner, manager, or public housing except that (i) criminal activity directly relation of a lease not premised on the act or agency does not subject an individual who is lating to domestic violence, dating violence, acts of violence in question against the ten- or has been a victim of domestic violence, or stalking, engaged in by a member of a ant or a member of the tenant’s household, dating violence, or stalking to a more de- tenant’s household or any guest or other per- provided that the owner or manager does not manding standard than other tenants in de- son under the tenant’s control shall not be

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00211 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.208 S16DEPT1 S13900 CONGRESSIONAL RECORD — SENATE December 16, 2005 cause for termination of the tenancy or oc- ance to individuals who engage in criminal certification in writing, nothing in this sub- cupancy rights, if the tenant or immediate acts of physical violence against family section or in subsection (c)(9), (d)(1)(B)(ii), member of the tenant’s family is a victim of members or others. (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or that domestic violence, dating violence, or ‘‘(ii) COMPLIANCE WITH COURT ORDERS.— (r)(5) may be construed to limit the author- stalking; (ii) notwithstanding clause (i), a Nothing in subparagraphs (A), (B), or (C) ity of an owner or manager to evict, or the public housing agency may terminate assist- may be construed to limit the authority of a public housing agency or assisted housing ance to any individual who is a tenant or public housing agency, when notified, to provider to terminate voucher assistance for, lawful occupant and who engages in criminal honor court orders addressing rights of ac- any tenant or lawful occupant that commits acts of physical violence against family cess to or control of the property, including violations of a lease. The owner, manager, members or others, or an owner or manager civil protection orders issued to protect the public housing agency, or assisted housing may bifurcate a lease under this section, in victim and issued to address the distribution provider may extend the 14-day deadline at order to evict, remove, or terminate assist- possession of property among the household their discretion. ance to any individual who is a tenant or members in cases where a family breaks up. ‘‘(C) CONTENTS.—An individual may satisfy lawful occupant and who engages in criminal ‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT TO the certification requirement of subpara- acts of physical violence against family TERMINATE VOUCHER ASSISTANCE FOR LEASE graph (A) by— members or others, without evicting, remov- VIOLATIONS.—Nothing in subparagraphs (A), ‘‘(i) providing the requesting owner, man- ing, terminating assistance to, or otherwise (B), or (C) limit any otherwise available au- ager, or public housing agency with docu- penalizing the victim of such violence who is thority of the public housing agency to ter- mentation signed by an employee, agent, or also a tenant or lawful occupant; (iii) noth- minate voucher assistance to a tenant for volunteer of a victim service provider, an ating in clause (i) may be construed to limit any violation of a lease not premised on the torney, or a medical professional, from the authority of a public housing agency, act or acts of violence in question against whom the victim has sought assistance in owner, or manager, when notified, to honor the tenant or a member of the tenant’s addressing domestic violence, dating vio- court orders addressing rights of access to household, provided that the public housing lence, sexual assault, or stalking, or the ef- control of the property, including civil pro- agency does not subject an individual who is fects of the abuse, in which the professional tection orders issued to protect the victim or has been a victim of domestic violence, attests under penalty of perjury (28 U.S.C. and issued to address the distribution or pos- dating violence, or stalking to a more de- 1746) to the professional’s belief that the in- session of property among the household manding standard than other tenants in de- cident or incidents in question are bona fide members in cases where a family breaks up; termining whether to terminate. incidents of abuse, and the victim of domes- (iv) nothing in clause (i) limits any other- ‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT TO tic violence, dating violence, or stalking has wise available authority of an owner or man- TERMINATE VOUCHER ASSISTANCE FOR IMMI- signed or attested to the documentation; or ager to evict or the public housing agency to NENT THREAT.—Nothing in subparagraphs ‘‘(ii) producing a Federal, State, tribal, terminate assistance to a tenant for any vio- (A), (B), (C) may be construed to limit the territorial, or local police or court record. lation of a lease not premised on the act or authority of the public housing agency to ‘‘(D) LIMITATION.—Nothing in this sub- acts of violence in question against the ten- terminate voucher assistance to a tenant if section shall be construed to require an ant or a member of the tenant’s household, the public housing agency can demonstrate owner, manager, or public housing agency to provided that the owner, manager, or public an actual and imminent threat to other ten- demand that an individual produce official housing agency does not subject an indi- ants or those employed at or providing serv- documentation or physical proof of the individual who is or has been a victim of domes- ice to the property or public housing agency vidual’s status as a victim of domestic vio- tic violence, dating violence, or stalking to a if that tenant is not evicted or terminated lence, dating violence, sexual assault, or more demanding standard than other ten- from assistance. stalking in order to receive any of the bene- ants in determining whether to evict or ter- ‘‘(v) PREEMPTION.—Nothing in this section fits provided in this section. At their discre- minate; (v) nothing in clause (i) may be con- shall be construed to supersede any provision tion, the owner, manager, or public housing strued to limit the authority of an owner or of any Federal, State, or local law that pro- agency may provide benefits to an individual manager to evict, or the public housing vides greater protection than this section for based solely on the individual’s statement or agency to terminate, assistance to any ten- victims of domestic violence, dating vio- other corroborating evidence. ant if the owner, manager, or public housing lence, or stalking.’’; ‘‘(E) COMPLIANCE NOT SUFFICIENT TO CON- agency can demonstrate an actual and immi- (5) in subsection (r)(5), by inserting after STITUTE EVIDENCE OF UNREASONABLE ACT.— nent threat to other tenants or those em- ‘‘violation of a lease’’ the following: ‘‘, ex- Compliance with this statute by an owner, ployed at or providing service to the prop- cept that a family may receive a voucher manager, public housing agency, or assisted erty if that tenant is not evicted or termi- from a public housing agency and move to housing provider based on the certification nated from assistance; and (vi) nothing in another jurisdiction under the tenant-based specified in paragraph (1)(A) and (B) of this this section shall be construed to supersede assistance program if the family has com- subsection or based solely on the victim’s any provision of any Federal, State, or local plied with all other obligations of the section statement or other corroborating evidence, law that provides greater protection than 8 program and has moved out of the assisted as permitted by paragraph (1)(C) of this sub- this section for victims of domestic violence, dwelling unit in order to protect the health section, shall not alone be sufficient to con- dating violence, or stalking.’’; and or safety of an individual who is or has been stitute evidence of an unreasonable act or (D) by adding at the end the following new the victim of domestic violence, dating vio- omission by an owner, manger, public hous- paragraph: lence, or stalking and who reasonably being agency, or assisted housing provider, or ‘‘(20) PROHIBITED BASIS FOR TERMINATION OF lieved he or she was imminently threatened employee thereof. Nothing in this subpara- ASSISTANCE.— by harm from further violence if he or she graph shall be construed to limit liability for ‘‘(A) IN GENERAL.—A public housing agency remained in the assisted dwelling unit’’; and failure to comply with the requirements of may not terminate assistance to a partici- (6) by adding at the end the following new subsections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), pant in the voucher program on the basis of subsection: (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5). an incident or incidents of actual or threat- ‘‘(ee) CERTIFICATION AND CONFIDEN- ‘‘(F) PREEMPTION.—Nothing in this section ened domestic violence, dating violence, or TIALITY.— shall be construed to supersede any provision stalking against that participant. ‘‘(1) CERTIFICATION.— of any Federal, State, or local law that pro- ‘‘(B) CONSTRUAL OF LEASE PROVISIONS.— ‘‘(A) IN GENERAL.—An owner, manager, or vides greater protection than this section for Criminal activity directly relating to domes- public housing agency responding to sub- victims of domestic violence, dating vio- tic violence, dating violence, or stalking sections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), lence, or stalking. shall not be considered a serious or repeated (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) may re- ‘‘(2) CONFIDENTIALITY.— violation of the lease by the victim or quest that an individual certify via a HUD ‘‘(A) IN GENERAL.—All information pro- threatened victim of that criminal activity approved certification form that the indi- vided to an owner, manager, or public hous- justifying termination of assistance to the vidual is a victim of domestic violence, dating agency pursuant to paragraph (1), includ- victim or threatened victim. ing violence, or stalking, and that the inci- ing the fact that an individual is a victim of ‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL dent or incidents in question are bona fide domestic violence, dating violence, or stalk- ACTIVITY.—Criminal activity directly relat- incidents of such actual or threatened abuse ing, shall be retained in confidence by an ing to domestic violence, dating violence, or and meet the requirements set forth in the owner, manager, or public housing agency, stalking shall not be considered cause for aforementioned paragraphs. Such certifi- and shall neither be entered into any shared termination of assistance for any participant cation shall include the name of the perpe- database nor provided to any related entity, or immediate member of a participant’s fam- trator. The individual shall provide such cer- except to the extent that disclosure is— ily who is a victim of the domestic violence, tification within 14 business days after the ‘‘(i) requested or consented to by the indi- dating violence, or stalking. owner, manager, or public housing agency vidual in writing; ‘‘(D) EXCEPTIONS.— requests such certification. ‘‘(ii) required for use in an eviction pro- ‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO ‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If ceeding under subsections (c)(9), (d)(1)(B(ii), TERMINATE FOR CRIMINAL ACTS.—Nothing in the individual does not provide the certifi- (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), or (o)(20),; or subparagraphs (A), (B), or (C) may be con- cation within 14 business days after the ‘‘(iii) otherwise required by applicable law. strued to limit the authority of the public owner, manager, public housing agency, or ‘‘(B) NOTIFICATION.—Public housing agen- housing agency to terminate voucher assist- assisted housing provider has requested such cies must provide notice to tenants assisted

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00212 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.208 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13901 under Section 8 of the United States Housing threat to other tenants or those employed at of an unreasonable act or omission by a pub- Act of 1937 of their rights under this sub- or providing service to the property if that lic housing agency or employee thereof. section and subsections (c)(9), (d)(1)(B(ii), tenant’s tenancy is not terminated; and (F) Nothing in this subparagraph shall be con- (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and nothing in this section shall be construed to strued to limit liability for failure to comply (r)(5), including their right to confidentiality supersede any provision of any Federal, with the requirements of subsection (l)(5) and the limits thereof, and to owners and State, or local law that provides greater pro- and (6). managers of their rights and obligations tection than this section for victims of do- ‘‘(2) CONFIDENTIALITY.— under this subsection and subsections (c)(9), mestic violence, dating violence, or stalk- ‘‘(A) IN GENERAL.—All information pro- (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), ing.’’; and vided to any public housing agency pursuant (o)(20), and (r)(5).’’. (5) by inserting at the end of subsection (t) to paragraph (1), including the fact that an SEC. 607. AMENDMENTS TO THE PUBLIC HOUS- the following new subsection: individual is a victim of domestic violence, ING PROGRAM. ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— dating violence, or stalking, shall be re- Section 6 of the United States Housing Act ‘‘(1) CERTIFICATION.— tained in confidence by such public housing of 1937 (42 U.S.C. 1437d) is amended— ‘‘(A) IN GENERAL.—A public housing agency agency, and shall neither be entered into any (1) in subsection (c), by redesignating para- responding to subsection (l) (5) and (6) may shared database nor provided to any related graph (3) and (4), as paragraphs (4) and (5), request that an individual certify via a HUD entity, except to the extent that disclosure respectively; approved certification form that the indi- is— (2) by inserting after paragraph (2) the fol- vidual is a victim of domestic violence, dat- ‘‘(i) requested or consented to by the indi- lowing: ing violence, or stalking, and that the inci- vidual in writing; ‘‘(3) the public housing agency shall not dent or incidents in question are bona fide ‘‘(ii) required for use in an eviction pro- deny admission to the project to any appli- incidents of such actual or threatened abuse ceeding under subsections (l)(5) or (6); or cant on the basis that the applicant is or has and meet the requirements set forth in the ‘‘(iii) otherwise required by applicable law. been a victim of domestic violence, dating aforementioned paragraphs. Such certifi- ‘‘(B) NOTIFICATION.—Public housing agen- violence, or stalking if the applicant other- cation shall include the name of the perpe- cies must provide notice to tenants assisted wise qualifies for assistance or admission, trator. The individual shall provide such cer- under Section 6 of the United States Housing and that nothing in this section shall be con- tification within 14 business days after the Act of 1937 of their rights under this sub- strued to supersede any provision of any public housing agency requests such certifi- section and subsections (l)(5) and (6), includ- Federal, State, or local law that provides cation. ing their right to confidentiality and the AILURE TO PROVIDE CERTIFICATION.—If greater protection than this section for vic- ‘‘(B) F limits thereof. tims of domestic violence, dating violence, the individual does not provide the certifi- ‘‘(3) DEFINITIONS.—For purposes of this sub- cation within 14 business days after the pub- or stalking’’; section, subsection (c)(3), and subsection (3) in subsection (l)(5), by inserting after lic housing agency has requested such cer- (l)(5) and (6)— ‘‘other good cause’’ the following: ‘‘, and that tification in writing, nothing in this sub- ‘‘(A) the term ‘domestic violence’ has the an incident or incidents of actual or threat- section, or in paragraph (5) or (6) of sub- same meaning given the term in section ened domestic violence, dating violence, or section (l), may be construed to limit the au- 40002 of the Violence Against Women Act of stalking will not be construed as a serious or thority of the public housing agency to evict 1994; repeated violation of the lease by the victim any tenant or lawful occupant that commits ‘‘(B) the term ‘dating violence’ has the or threatened victim of that violence and violations of a lease. The public housing same meaning given the term in will not be good cause for terminating the agency may extend the 14-day deadline at its ‘‘(C) the term ‘stalking’ means— tenancy or occupancy rights of the victim of discretion. ‘‘(i)(I) to follow, pursue, or repeatedly com- such violence’’; ‘‘(C) CONTENTS.—An individual may satisfy (4) in subsection (l)(6), by inserting after the certification requirement of subpara- mit acts with the intent to kill, injure, har- ‘‘termination of tenancy’’ the following: ‘‘; graph (A) by— ass, or intimidate; or except that (A) criminal activity directly re- ‘‘(i) providing the requesting public hous- ‘‘(II) to place under surveillance with the lating to domestic violence, dating violence, ing agency with documentation signed by an intent to kill, injure, harass, or intimidate or stalking, engaged in by a member of a employee, agent, or volunteer of a victim another person; and tenant’s household or any guest or other per- service provider, an attorney, or a medical ‘‘(ii) in the course of, or as a result of, such son under the tenant’s control, shall not be professional, from whom the victim has following, pursuit, surveillance, or repeat- cause for termination of the tenancy or oc- sought assistance in addressing domestic vi- edly committed acts, to place a person in cupancy rights, if the tenant or immediate olence, dating violence, or stalking, or the reasonable fear of the death of, or serious member of the tenant’s family is a victim of effects of the abuse, in which the profes- bodily injury to, or to cause substantial that domestic violence, dating violence, or sional attests under penalty of perjury (28 emotional harm to— stalking; (B) notwithstanding subparagraph U.S.C. 1746) to the professional’s belief that ‘‘(I) that person; (A), a public housing agency under this sec- the incident or incidents in question are ‘‘(II) a member of the immediate family of tion may bifurcate a lease under this sec- bona fide incidents of abuse, and the victim that person; or tion, in order to evict, remove, or terminate of domestic violence, dating violence, or ‘‘(III) the spouse or intimate partner of assistance to any individual who is a tenant stalking has signed or attested to the docu- that person; and or lawful occupant and who engages in crimi- mentation; or ‘‘(D) the term ‘immediate family member’ nal acts of physical violence against family ‘‘(ii) producing a Federal, State, tribal, means, with respect to a person— members or others, without evicting, remov- territorial, or local police or court record. ‘‘(i) a spouse, parent, brother or sister, or ing, terminating assistance to, or otherwise ‘‘(D) LIMITATION.—Nothing in this sub- child of that person, or an individual to penalizing the victim of such violence who is section shall be construed to require any whom that person stands in loco parentis; or also a tenant or lawful occupant; (C) nothing public housing agency to demand that an in- ‘‘(ii) any other person living in the house- in subparagraph (A) may be construed to dividual produce official documentation or hold of that person and related to that per- limit the authority of a public housing agen- physical proof of the individual’s status as a son by blood and marriage.’’. cy, when notified, to honor court orders ad- victim of domestic violence, dating violence, TITLE VII—PROVIDING ECONOMIC dressing rights of access to or control of the or stalking in order to receive any of the SECURITY FOR VICTIMS OF VIOLENCE property, including civil protection orders benefits provided in this section. At the pub- SEC. 701. GRANT FOR NATIONAL RESOURCE CEN- issued to protect the victim and issued to ad- lic housing agency’s discretion, a public TER ON WORKPLACE RESPONSES TO dress the distribution or possession of prop- housing agency may provide benefits to an ASSIST VICTIMS OF DOMESTIC AND erty among the household members in cases individual based solely on the individual’s SEXUAL VIOLENCE. where a family breaks up; (D) nothing in sub- statement or other corroborating evidence. Subtitle N of the Violence Against Women paragraph (A) limits any otherwise available ‘‘(E) PREEMPTION.—Nothing in this section Act of 1994 (Public Law 103–322; 108 Stat. 1902) authority of a public housing agency to evict shall be construed to supersede any provision is amended by adding at the end the fol- a tenant for any violation of a lease not pre- of any Federal, State, or local law that pro- lowing: mised on the act or acts of violence in ques- vides greater protection than this section for ‘‘Subtitle O—National Resource Center tion against the tenant or a member of the victims of domestic violence, dating vio- ‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE tenant’s household, provided that the public lence, or stalking. CENTER ON WORKPLACE RE- housing agency does not subject an indi- ‘‘(F) COMPLIANCE NOT SUFFICIENT TO CON- SPONSES TO ASSIST VICTIMS OF DO- vidual who is or has been a victim of domes- STITUTE EVIDENCE OF UNREASONABLE ACT.— MESTIC AND SEXUAL VIOLENCE. tic violence, dating violence, or stalking to a Compliance with this statute by a public ‘‘(a) AUTHORITY.—The Attorney General, more demanding standard than other ten- housing agency, or assisted housing provider acting through the Director of the Office on ants in determining whether to evict or ter- based on the certification specified in sub- Violence Against Women, may award a grant minate; (E) nothing in subparagraph (A) may paragraphs (A) and (B) of this subsection or to an eligible nonprofit nongovernmental en- be construed to limit the authority of a pub- based solely on the victim’s statement or tity or tribal organization, in order to pro- lic housing agency to terminate the tenancy other corroborating evidence, as permitted vide for the establishment and operation of a of any tenant if the public housing agency by subparagraph (D) of this subsection, shall national resource center on workplace re- can demonstrate an actual and imminent not alone be sufficient to constitute evidence sponses to assist victims of domestic and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00213 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.208 S16DEPT1 S13902 CONGRESSIONAL RECORD — SENATE December 16, 2005 sexual violence. The resource center shall (B) in subclause (III)(aa)— (A) by striking ‘‘Attorney General’’ each provide information and assistance to em- (i) by inserting ‘‘Federal, State, or local’’ place it appears and inserting ‘‘Secretary of ployers and labor organizations to aid in before ‘‘investigation’’; and Homeland Security, or in the case of sub- their efforts to develop and implement re- (ii) by striking ‘‘, or’’ and inserting ‘‘or the paragraph (C)(i), the Attorney General,’’; and sponses to such violence. investigation of crime where acts of traf- (B) in subparagraph (A), by inserting at the ‘‘(b) APPLICATIONS.—To be eligible to re- ficking are at least one central reason for end ‘‘or has been physically present in the ceive a grant under this section, an entity or the commission of that crime; or’’; and United States for a continuous period during organization shall submit an application to (C) in subclause (IV), by striking ‘‘and’’ at the investigation or prosecution of acts of the Attorney General at such time, in such the end; trafficking and that, in the opinion of the manner, and containing such information as (2) by amending clause (ii) to read as fol- Attorney General, the investigation or pros- the Attorney General may require, includ- lows: ecution is complete, whichever period of ing— ‘‘(ii) if accompanying, or following to join, time is less;’’; ‘‘(1) information that demonstrates that the alien described in clause (i)— (2) in paragraph (2), by striking ‘‘Attorney the entity or organization has nationally ‘‘(I) in the case of an alien described in General’’ each place it appears and inserting recognized expertise in the area of domestic clause (i) who is under 21 years of age, the ‘‘Secretary of Homeland Security’’; and or sexual violence; spouse, children, unmarried siblings under 18 (3) in paragraph (5), by striking ‘‘Attorney ‘‘(2) a plan to maximize, to the extent prac- years of age on the date on which such alien General’’ and inserting ‘‘Secretary of Home- ticable, outreach to employers (including applied for status under such clause, and par- land Security’’. private companies and public entities such ents of such alien; or (b) VICTIMS OF CRIMES AGAINST WOMEN.— as public institutions of higher education ‘‘(II) in the case of an alien described in Section 245(m) of the Immigration and Na- and State and local governments) and labor clause (i) who is 21 years of age or older, the tionality Act (8 U.S.C. 12255(m)) is amend- organizations described in subsection (a) spouse and children of such alien; and’’; and ed— concerning developing and implementing (3) by inserting after clause (ii) the fol- (1) in paragraph (1)— workplace responses to assist victims of do- lowing: (A) by striking ‘‘Attorney General may ad- mestic or sexual violence; and ‘‘(iii) if the Secretary of Homeland Secu- just’’ and inserting ‘‘Secretary of Homeland ‘‘(3) a plan for developing materials and rity, in his or her discretion and with the Security may adjust’’; and training for materials for employers that ad- consultation of the Attorney General, deter- (B) in subparagraph (B), by striking ‘‘At- dress the needs of employees in cases of do- mines that a trafficking victim, due to psy- torney General’’ and inserting ‘‘Secretary of mestic violence, dating violence, sexual as- chological or physical trauma, is unable to Homeland Security’’; sault, and stalking impacting the workplace, cooperate with a request for assistance de- (2) in paragraph (3)— including the needs of underserved commu- scribed in clause (i)(III)(aa), the request is (A) by striking ‘‘Attorney General may ad- nities. unreasonable.’’. ‘‘(c) USE OF GRANT AMOUNT.— just’’ and inserting ‘‘Secretary of Homeland (b) TREATMENT OF SPOUSES AND CHILDREN ‘‘(1) IN GENERAL.—An entity or organiza- Security may adjust’’; and OF VICTIMS OF ABUSE.—Section 101(a)(15)(U) tion that receives a grant under this section (B) by striking ‘‘Attorney General con- of the Immigration and Nationality Act (8 siders’’ and inserting ‘‘Secretary considers’’; may use the funds made available through U.S.C. 1101(a)(15)(U)) is amended— the grant for staff salaries, travel expenses, and (1) in clause (i), by striking ‘‘Attorney (3) in paragraph (4), by striking ‘‘Attorney equipment, printing, and other reasonable General’’ and inserting ‘‘Secretary of Home- expenses necessary to develop, maintain, and General’’ and inserting ‘‘Secretary of Home- land Security’’; and land Security’’. disseminate to employers and labor organi- (2) by amending clause (ii) to read as fol- zations described in subsection (a), informa- lows: SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING. tion and assistance concerning workplace re- ‘‘(ii) if accompanying, or following to join, sponses to assist victims of domestic or sex- the alien described in clause (i)— (a) CLARIFICATION OF DEPARTMENT OF JUS- ual violence. ‘‘(I) in the case of an alien described in TICE AND DEPARTMENT OF HOMELAND SECU- ‘‘(2) RESPONSES.—Responses referred to in clause (i) who is under 21 years of age, the RITY ROLES.—Section 107 of the Trafficking paragraph (1) may include— spouse, children, unmarried siblings under 18 Victims Protection Act of 2000 (22 U.S.C. ‘‘(A) providing training to promote a bet- years of age on the date on which such alien 7105) is amended— ter understanding of workplace assistance to applied for status under such clause, and par- (1) in subsections (b)(1)(E), (e)(5), and (g), victims of domestic or sexual violence; ents of such alien; or by striking ‘‘Attorney General’’ each place it ‘‘(B) providing conferences and other edu- ‘‘(II) in the case of an alien described in appears and inserting ‘‘Secretary of Home- cational opportunities; and clause (i) who is 21 years of age or older, the land Security’’; and ‘‘(C) developing protocols and model work- spouse and children of such alien; and’’. (2) in subsection (c), by inserting ‘‘, the place policies. (c) TECHNICAL AMENDMENTS.—Section 101(i) Secretary of Homeland Security’’ after ‘‘At- ‘‘(d) LIABILITY.—The compliance or non- of the Immigration and Nationality Act (8 torney General’’. compliance of any employer or labor organi- U.S.C. 1101(i)) is amended— (b) CERTIFICATION PROCESS.—Section zation with any protocol or policy developed 107(b)(1)(E) of the Trafficking Victims Pro- by an entity or organization under this sec- (1) in paragraph (1), by striking ‘‘Attorney tection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is tion shall not serve as a basis for liability in General’’ and inserting ‘‘Secretary of Home- amended— tort, express or implied contract, or by any land Security, the Attorney General,’’; and other means. No protocol or policy developed (2) in paragraph (2), by striking ‘‘Attorney (1) in clause (i)— by an entity or organization under this sec- General’’ and inserting ‘‘Secretary of Home- (A) in the matter preceding subclause (I), tion shall be referenced or enforced as a land Security’’. by inserting ‘‘and the Secretary of Homeland workplace safety standard by any Federal, SEC. 802. PRESENCE OF VICTIMS OF A SEVERE Security’’ after ‘‘Attorney General’’; and State, or other governmental agency. FORM OF TRAFFICKING IN PERSONS. (B) in subclause (II)(bb), by inserting ‘‘and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Secretary of Homeland Security’’ after There is authorized to be appropriated to the Immigration and Nationality Act (8 ‘‘Attorney General’’. carry out this section $1,000,000 for each of U.S.C. 1182(a)(9)(B)(iii)) is amended by adding (2) in clause (ii), by inserting ‘‘Secretary of fiscal years 2007 through 2011. at the end the following: Homeland Security’’ after ‘‘Attorney Gen- ‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds ‘‘(V) VICTIMS OF A SEVERE FORM OF TRAF- eral’’; appropriated under this section shall remain FICKING IN PERSONS.—Clause (i) shall not (3) in clause (iii)— available until expended.’’. apply to an alien who demonstrates that the (A) in subclause (II), by striking ‘‘and’’ at TITLE VIII—PROTECTION OF BATTERED severe form of trafficking (as that term is the end; AND TRAFFICKED IMMIGRANTS defined in section 103 of the Trafficking Vic- (B) in subclause (III), by striking the pe- Subtitle A—Victims of Crime tims Protection Act of 2000 (22 U.S.C. 7102)) riod at the end and inserting ‘‘; or’’; and was at least one central reason for the (C) by adding at the end the following: SEC. 801. TREATMENT OF SPOUSE AND CHIL- ‘‘(IV) responding to and cooperating with DREN OF VICTIMS. alien’s unlawful presence in the United requests for evidence and information.’’. (a) TREATMENT OF SPOUSE AND CHILDREN OF States.’’. VICTIMS OF TRAFFICKING.—Section (b) TECHNICAL AMENDMENT.—Paragraphs (c) PROTECTION FROM REMOVAL FOR CER- 101(a)(15)(T) of the Immigration and Nation- (13) and (14) of section 212(d) of the Immigra- TAIN CRIME VICTIMS.—Section 107(e) of the ality Act (8 U.S.C. 1101(a)(15)(T)) is amend- tion and Nationality Act (8 U.S.C. 1182(d)) Trafficking Victims Protection Act of 2000 ed— are amended by striking ‘‘Attorney General’’ (22 U.S.C. 7105(e)) is amended by striking (1) in clause (i)— each place it appears and inserting ‘‘Sec- ‘‘Attorney General’’ each place it occurs and (A) in the matter preceding subclause (I), retary of Homeland Security’’. inserting ‘‘Secretary of Homeland Security’’. by striking ‘‘Attorney General’’ and insert- SEC. 803. ADJUSTMENT OF STATUS. (d) ANNUAL REPORT.—Section 107(g) of the ing ‘‘Secretary of Homeland Security, or in (a) VICTIMS OF TRAFFICKING.—Section 245(l) Trafficking Victims Protection Act of 2000 the case of subclause (III)(aa) the Secretary of the Immigration and Nationality Act (8 (22 U.S.C. 7105(g)) is amended by inserting of Homeland Security and the Attorney Gen- U.S.C. 1255(l)) is amended— ‘‘or the Secretary of Homeland Security’’ eral jointly;’’; (1) in paragraph (1)— after ‘‘Attorney General’’.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00214 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.208 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13903 SEC. 805. PROTECTING VICTIMS OF CHILD Cuban Adjustment Act) as a child or spouse tion to grant a waiver)’’ and inserting ‘‘, sub- ABUSE. who has been battered or subjected to ex- ject to paragraph (5)’’; (a) AGING OUT CHILDREN.—Section treme cruelty; (B) in paragraph (2)(A)(iv), by striking 204(a)(1)(D) of the Immigration and Nation- ‘‘(E) section 902(d)(1)(B) of the Haitian Ref- ‘‘(except in a case described in section ality Act (8 U.S.C. 1154(a)(1)(D)) is amended— ugee Immigration Fairness Act of 1998 (8 237(a)(7) where the Attorney General exer- (1) in clause (i)— U.S.C. 1255 note); cises discretion to grant a waiver)’’ and in- (A) in subclause (I), by inserting ‘‘or sec- ‘‘(F) section 202(d)(1) of the Nicaraguan Ad- serting ‘‘, subject to paragraph (5)’’; and tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ justment and Central American Relief Act; (C) by adding at the end the following: each place it appears; and or ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE (B) in subclause (III), by striking ‘‘a peti- ‘‘(G) section 309 of the Illegal Immigration WAIVER AUTHORITY.—The authority provided tioner for preference status under paragraph Reform and Immigrant Responsibility Act of under section 237(a)(7) may apply under para- (1), (2), or (3) of section 203(a), whichever 1996 (division C of Public Law 104–208).’’. graphs (1)(B), (1)(C), and (2)(A)(iv) in a can- paragraph is applicable,’’ and inserting ‘‘a SEC. 812. APPLICATION IN CASE OF VOLUNTARY cellation of removal and adjustment of sta- VAWA self-petitioner’’; and DEPARTURE. tus proceeding.’’. (2) by adding at the end the following: Section 240B(d) of the Immigration and Na- SEC. 814. ELIMINATING ABUSERS’ CONTROL ‘‘(iv) Any alien who benefits from this sub- tionality Act (8 U.S.C. 1229c(d)) is amended OVER APPLICATIONS AND LIMITA- paragraph may adjust status in accordance to read as follows: TION ON PETITIONING FOR ABUS- with subsections (a) and (c) of section 245 as ERS. ‘‘(d) CIVIL PENALTY FOR FAILURE TO DE- an alien having an approved petition for PPLICATION OF EPORTATION PART.— (a) A VAWA D classification under subparagraph (A)(iii), ROTECTIONS TO LIENS LIGIBLE FOR ELIEF ‘‘(1) IN GENERAL.—Subject to paragraph (2), P A E R (A)(iv), (B)(ii), or (B)(iii).’’. if an alien is permitted to depart voluntarily UNDER CUBAN ADJUSTMENT AND HAITIAN REF- (b) APPLICATION OF CSPA PROTECTIONS.— under this section and voluntarily fails to UGEE IMMIGRATION FAIRNESS ACT.—Section (1) IMMEDIATE RELATIVE RULES.—Section depart the United States within the time pe- 1506(c)(2) of the Violence Against Women Act 201(f) of the Immigration and Nationality riod specified, the alien— of 2000 (8 U.S.C. 1229a note; division B of Pub- Act (8 U.S.C. 1151(f)) is amended by adding at ‘‘(A) shall be subject to a civil penalty of lic Law 106–386) is amended— the end the following: not less than $1,000 and not more than $5,000; (1) in subparagraph (A)— ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para- and (A) by amending clause (i) to read as fol- graphs (1) through (3) shall apply to self-peti- ‘‘(B) shall be ineligible, for a period of 10 lows: tioners and derivatives of self-petitioners.’’. years, to receive any further relief under this ‘‘(i) if the basis of the motion is to apply (2) CHILDREN RULES.—Section 203(h) of the section and sections 240A, 245, 248, and 249. for relief under— Immigration and Nationality Act (8 U.S.C. ‘‘(2) APPLICATION OF VAWA PROTECTIONS.— ‘‘(I) clause (iii) or (iv) of section 1153(h)) is amended by adding at the end the The restrictions on relief under paragraph (1) 204(a)(1)(A) of the Immigration and Nation- following: shall not apply to relief under section 240A ality Act (8 U.S.C. 1154(a)(1)(A)); ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para- or 245 on the basis of a petition filed by a ‘‘(II) clause (ii) or (iii) of section graphs (1) through (3) shall apply to self-peti- 204(a)(1)(B) of such Act (8 U.S.C. tioners and derivatives of self-petitioners.’’. VAWA self-petitioner, or a petition filed under section 240A(b)(2), or under section 1154(a)(1)(B)); (c) LATE PETITION PERMITTED FOR IMMI- ‘‘(III) section 244(a)(3) of such Act (8 U.S.C. GRANT SONS AND DAUGHTERS BATTERED AS 244(a)(3) (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at 8 U.S.C. 1254(a)(3)); CHILDREN.— ‘‘(IV) the first section of Public Law 89–732 (1) IN GENERAL.—Section 204(a)(1)(D) of the least one central reason for the alien’s over- staying the grant of voluntary departure. (8 U.S.C. 1255 note) (commonly known as the Immigration and Nationality Act (8 U.S.C. Cuban Adjustment Act) as a child or spouse 1154(a)(1)(D)), as amended by subsection (a), ‘‘(3) NOTICE OF PENALTIES.—The order permitting an alien to depart voluntarily shall who has been battered or subjected to ex- is further amended by adding at the end the treme cruelty; or following: inform the alien of the penalties under this subsection.’’. ‘‘(V) section 902(d)(1)(B) of the Haitian Ref- ‘‘(v) For purposes of this paragraph, an in- ugee Immigration Fairness Act of 1998 (8 dividual who is not less than 21 years of age, SEC. 813. REMOVAL PROCEEDINGS. U.S.C. 1255 note); and’’; and who qualified to file a petition under sub- (a) EXCEPTIONAL CIRCUMSTANCES.— (B) in clause (ii), by inserting ‘‘or adjust- paragraph (A)(iv) as of the day before the (1) IN GENERAL.—Section 240(e)(1) of the ment of status’’ after ‘‘suspension of depor- date on which the individual attained 21 Immigration and Nationality Act (8 U.S.C. tation’’; and years of age, and who did not file such a peti- 1229a(e)(1)) is amended by striking ‘‘serious (2) in subparagraph (B)(ii), by striking ‘‘for tion before such day, shall be treated as hav- illness of the alien’’ and inserting ‘‘battery relief’’ and all that follows through ‘‘1101 ing filed a petition under such subparagraph or extreme cruelty to the alien or any child note))’’ and inserting ‘‘for relief described in as of such day if a petition is filed for the or parent of the alien, serious illness of the subparagraph (A)(i)’’. status described in such subparagraph before alien,’’. (b) EMPLOYMENT AUTHORIZATION FOR VAWA the individual attains 25 years of age and the (2) EFFECTIVE DATE.—The amendment SELF-PETITIONERS.—Section 204(a)(1) of the individual shows that the abuse was at least made by paragraph (1) shall apply to a fail- Immigration and Nationality Act (8 U.S.C. one central reason for the filing delay. ure to appear that occurs before, on, or after 1154(a)(1)) is amended by adding at the end Clauses (i) through (iv) of this subparagraph the date of the enactment of this Act. the following: shall apply to an individual described in this (b) DISCRETION TO CONSENT TO AN ALIEN’S ‘‘(K) Upon the approval of a petition as a clause in the same manner as an individual REAPPLICATION FOR ADMISSION.— VAWA self-petitioner, the alien— filing a petition under subparagraph (1) IN GENERAL.—The Secretary of Home- ‘‘(i) is eligible for work authorization; and (A)(iv).’’. land Security, the Attorney General, and the ‘‘(ii) may be provided an ‘employment au- (d) REMOVING A 2-YEAR CUSTODY AND RESI- Secretary of State shall continue to have thorized’ endorsement or appropriate work DENCY REQUIREMENT FOR BATTERED ADOPTED discretion to consent to an alien’s reapplica- permit incidental to such approval.’’. CHILDREN.—Section 101(b)(1)(E)(i) of the Im- tion for admission after a previous order of (c) EMPLOYMENT AUTHORIZATION FOR BAT- migration and Nationality Act (8 U.S.C. removal, deportation, or exclusion. TERED SPOUSES OF CERTAIN NON- 1101(b)(1)(E)(i)) is amended by inserting be- (2) SENSE OF CONGRESS.—It is the sense of IMMIGRANTS.—Title I of the Immigration and fore the colon the following: ‘‘or if the child Congress that the officials described in para- Nationality Act is amended by adding at the has been battered or subject to extreme cru- graph (1) should particularly consider exer- end the following new section: elty by the adopting parent or by a family cising this authority in cases under the Vio- ‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR member of the adopting parent residing in lence Against Women Act of 1994, cases in- BATTERED SPOUSES OF CERTAIN the same household’’. volving nonimmigrants described in subpara- NONIMMIGRANTS. Subtitle B—VAWA Self-Petitioners graph (T) or (U) of section 101(a)(15) of the ‘‘(a) IN GENERAL.—In the case of an alien SEC. 811. DEFINITION OF VAWA SELF-PETI- Immigration and Nationality Act (8 U.S.C. spouse admitted under subparagraph (A), TIONER. 1101(a)(15)), and relief under section (E)(iii), (G), or (H) of section 101(a)(15) who is Section 101(a) of the Immigration and Na- 240A(b)(2) or 244(a)(3) of such Act (as in effect accompanying or following to join a prin- tionality Act (8 U.S.C. 1101(a)) is amended by on March 31, 1997) pursuant to regulations cipal alien admitted under subparagraph (A), adding at the end the following: under section 212.2 of title 8, Code of Federal (E)(iii), (G), or (H) of such section, respec- ‘‘(51) The term ‘VAWA self-petitioner’ Regulations. tively, the Secretary of Homeland Security means an alien, or a child of the alien, who (c) CLARIFYING APPLICATION OF DOMESTIC may authorize the alien spouse to engage in qualifies for relief under— VIOLENCE WAIVER AUTHORITY IN CANCELLA- employment in the United States and pro- ‘‘(A) clause (iii), (iv), or (vii) of section TION OF REMOVAL.— vide the spouse with an ‘employment author- 204(a)(1)(A); (1) IN GENERAL.—Section 240A(b) of the Im- ized’ endorsement or other appropriate work ‘‘(B) clause (ii) or (iii) of section migration and Nationality Act (8 U.S.C. permit if the alien spouse demonstrates that 204(a)(1)(B); 1229b(b)) is amended— during the marriage the alien spouse or a ‘‘(C) section 216(c)(4)(C); (A) in paragraph (1)(C), by striking ‘‘(ex- child of the alien spouse has been battered or ‘‘(D) the first section of Public Law 89–732 cept in a case described in section 237(a)(7) has been the subject of extreme cruelty per- (8 U.S.C. 1255 note) (commonly known as the where the Attorney General exercises discre- petrated by the spouse of the alien spouse.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00215 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.209 S16DEPT1 S13904 CONGRESSIONAL RECORD — SENATE December 16, 2005 Requests for relief under this section shall be of such Department)’’ and inserting ‘‘, the ‘‘(B) An alien who is issued a visa or other- handled under the procedures that apply to Secretary of Homeland Security, the Sec- wise provided nonimmigrant status under aliens seeking relief under section retary of State, or any other official or em- section 101(a)(15)(T) may extend the period of 204(a)(1)(A)(iii). ployee of the Department of Homeland Secu- such status beyond the period described in ‘‘(b) CONSTRUCTION.—The grant of employ- rity or Department of State (including any subparagraph (A) if a Federal, State, or local ment authorization pursuant to this section bureau or agency of either of such Depart- law enforcement official, prosecutor, judge, shall not confer upon the alien any other ments)’’; and or other authority investigating or pros- form of relief.’’. (B) in paragraph (1)— ecuting activity relating to human traf- (d) CLERICAL AMENDMENT.—The table of (i) in subparagraph (D), by striking ‘‘or’’ at ficking or certifies that the presence of the contents of such Act is amended by inserting the end; and alien in the United States is necessary to as- after the item relating to section 105 the fol- (ii) by inserting after subparagraph (E) the sist in the investigation or prosecution of lowing new item: following: such activity.’’. ‘‘Sec. 106. Employment authorization for ‘‘(F) in the case of an alien applying for (b) U VISAS.—Section 214(p) of the Immi- battered spouses of certain non- status under section 101(a)(15)(T) of the Im- gration and Nationality Act (8 U.S.C. 1184(p)) immigrants.’’. migration and Nationality Act (8 U.S.C. is amended by adding at the end the fol- (e) LIMITATION ON PETITIONING FOR 1101(a)(15)(T)), under section lowing: ABUSER.—Section 204(a)(1) of the Immigra- 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic- ‘‘(6) DURATION OF STATUS.—The authorized tion and Nationality Act (8 U.S.C. 1154(a)(1)) tims Protection Act of 2000 (22 U.S.C. 7105), period of status of an alien as a non- is amended by adding at the end the fol- under section 244(a)(3) of the Immigration immigrant under section 101(a)(15)(U) shall lowing new subparagraph: and Nationality Act (8 U.S.C. 1254a(a)(3)), as be for a period of not more than 4 years, but ‘‘(L) Notwithstanding the previous provi- in effect prior to March 31, 1999, or as a shall be extended upon certification from a sions of this paragraph, an individual who VAWA self-petitioner (as defined in section Federal, State, or local law enforcement offi- was a VAWA petitioner or who had the sta- 101(a)(51) of the Immigration and Nationality cial, prosecutor, judge, or other Federal, tus of a nonimmigrant under subparagraph Act (8 U.S.C. 1101(a)(51)), the trafficker or State, or local authority investigating or (T) or (U) of section 101(a)(15) may not file a perpetrator,’’; prosecuting criminal activity described in petition for classification under this section (2) in subsection (b), by adding at the end section 101(a)(15)(U)(iii) that the alien’s pres- or section 214 to classify any person who the following new paragraphs: ence in the United States is required to as- committed the battery or extreme cruelty or ‘‘(6) Subsection (a) may not be construed sist in the investigation or prosecution of trafficking against the individual (or the in- to prevent the Attorney General and the such criminal activity.’’. Secretary of Homeland Security from dis- dividual’s child) which established the indi- (c) PERMITTING CHANGE OF NONIMMIGRANT closing to the chairmen and ranking mem- vidual’s (or individual’s child) eligibility as a STATUS TO T AND U NONIMMIGRANT STATUS.— bers of the Committee on the Judiciary of VAWA petitioner or for such nonimmigrant (1) IN GENERAL.—Section 248 of the Immi- the Senate or the Committee on the Judici- status.’’. gration and Nationality Act (8 U.S.C. 1258) is ary of the House of Representatives, for the SEC. 815. APPLICATION FOR VAWA-RELATED RE- amended— exercise of congressional oversight author- LIEF. (A) by striking ‘‘The Attorney General’’ ity, information on closed cases under this (a) IN GENERAL.—Section 202(d)(1) of the and inserting ‘‘(a) The Secretary of Home- section in a manner that protects the con- Nicaraguan Adjustment and Central Amer- land Security’’; fidentiality of such information and that ican Relief Act (8 U.S.C. 1255 note; Public (B) by inserting ‘‘(subject to subsection omits personally identifying information (in- Law 105–100) is amended— (b))’’ after ‘‘except’’; and cluding locational information about indi- (1) in subparagraph (B)(ii), by inserting ‘‘, (C) by adding at the end the following: or was eligible for adjustment,’’ after ‘‘whose viduals). ‘‘(7) Government entities adjudicating ap- ‘‘(b) The exceptions specified in paragraphs status is adjusted’’; and (1) through (4) of subsection (a) shall not (2) in subparagraph (E), by inserting ‘‘, or, plications for relief under subsection (a)(2), and government personnel carrying out man- apply to a change of nonimmigrant classi- in the case of an alien who qualifies under fication to that of a nonimmigrant under subparagraph (B)(ii), applies for such adjust- dated duties under section 101(i)(1) of the Im- migration and Nationality Act, may, with subparagraph (T) or (U) of section ment during the 18-month period beginning 101(a)(15).’’. on the date of enactment of the Violence the prior written consent of the alien involved, communicate with nonprofit, non- (2) CONFORMING AMENDMENT.—Section Against Women and Department of Justice 214(l)(2)(A) of the Immigration and Nation- Reauthorization Act of 2005’’ after ‘‘April 1, governmental victims’ service providers for the sole purpose of assisting victims in ob- ality Act (8 U.S.C. 1184(l)(2)(A)) is amended 2000’’. by striking ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. (b) TECHNICAL AMENDMENT.—Section taining victim services from programs with 202(d)(3) of such Act (8 U.S.C. 1255 note; Pub- expertise working with immigrant victims. SEC. 822. TECHNICAL CORRECTION TO REF- lic Law 105–100) is amended by striking Agencies receiving referrals are bound by the ERENCES IN APPLICATION OF SPE- provisions of this section. Nothing in this CIAL PHYSICAL PRESENCE AND ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. GOOD MORAL CHARACTER RULES. (c) EFFECTIVE DATE.—The amendment paragraph shall be construed as affecting the (a) PHYSICAL PRESENCE RULES.—Section made by subsection (b) shall take effect as if ability of an applicant to designate a safe or- 240A(b)(2)(B) of the Immigration and Nation- included in the enactment of the Violence ganization through whom governmental ality Act (8 U.S.C. 1229b(b)(2)(B)) is amend- Against Women Act of 2000 (division B of agencies may communicate with the applied— Public Law 106–386; 114 Stat. 1491). cant.’’; (1) in the first sentence, by striking SEC. 816. SELF-PETITIONING PARENTS. (3) in subsection (c), by inserting ‘‘or who ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and Section 204(a)(1)(A) of the Immigration and knowingly makes a false certification under (2) in the fourth sentence, by striking Nationality Act (8 U.S.C. 1154(a)(1)(A)) is section 239(e) of the Immigration and Na- ‘‘subsection (b)(2)(B) of this section’’ and in- amended by adding at the end the following: tionality Act’’ after ‘‘in violation of this sec- serting ‘‘this subparagraph, subparagraph ‘‘(vii) An alien may file a petition with the tion’’; and (A)(ii),’’. Secretary of Homeland Security under this (4) by adding at the end the following new subparagraph for classification of the alien subsection: (b) MORAL CHARACTER RULES.—Section under section 201(b)(2)(A)(i) if the alien— ‘‘(d) GUIDANCE.—The Attorney General and 240A(b)(2)(C) of the Immigration and Nation- ‘‘(I) is the parent of a citizen of the United the Secretary of Homeland Security shall ality Act (8 U.S.C. 1229b(b)(2)(C)) is amended States or was a parent of a citizen of the provide guidance to officers and employees by striking ‘‘(A)(i)(III)’’ and inserting United States who, within the past 2 years, of the Department of Justice or the Depart- ‘‘(A)(iii)’’. lost or renounced citizenship status related ment of Homeland Security who have access (c) CORRECTION OF CROSS-REFERENCE ERROR to an incident of domestic violence or died; to information covered by this section re- IN APPLYING GOOD MORAL CHARACTER.— ‘‘(II) is a person of good moral character; garding the provisions of this section, in- (1) IN GENERAL.—Section 101(f)(3) of the Im- ‘‘(III) is eligible to be classified as an im- cluding the provisions to protect victims of migration and Nationality Act (8 U.S.C. mediate relative under section 201(b)(2)(A)(i); domestic violence from harm that could re- 1101(f)(3)) is amended by striking ‘‘(9)(A)’’ ‘‘(IV) resides, or has resided, with the cit- sult from the inappropriate disclosure of and inserting ‘‘(10)(A)’’. izen daughter or son; and covered information.’’. (2) EFFECTIVE DATE.—The amendment ‘‘(V) demonstrates that the alien has been Subtitle C—Miscellaneous Amendments made by paragraph (1) shall be effective as if battered or subject to extreme cruelty by the SEC. 821. DURATION OF T AND U VISAS. included in section 603(a)(1) of the Immigra- citizen daughter or son.’’. (a) T VISAS.—Section 214(o) of the Immi- tion Act of 1990 (Public Law 101–649; 104 Stat. SEC. 817. VAWA CONFIDENTIALITY NONDISCLO- gration and Nationality Act (8 U.S.C. 1184(o)) 5082). SURE. is amended by adding at the end the fol- SEC. 823. PETITIONING RIGHTS OF CERTAIN Section 384 of the Illegal Immigration Re- lowing: FORMER SPOUSES UNDER CUBAN form and Immigrant Responsibility Act of ‘‘(7)(A) Except as provided in subparagraph ADJUSTMENT. 1996 (8 U.S.C. 1367) is amended— (B), an alien who is issued a visa or other- (a) IN GENERAL.—The first section of Pub- (1) in subsection (a)— wise provided nonimmigrant status under lic Law 89–732 (8 U.S.C. 1255 note) (commonly (A) in the matter preceding paragraph (1), section 101(a)(15)(T) may be granted such sta- known as the Cuban Adjustment Act) is by striking ‘‘(including any bureau or agency tus for a period of not more than 4 years. amended—

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00216 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.209 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13905 (1) in the last sentence, by striking 1641(c)(1)(B)) pending the final disposition of to domestic violence, sexual assault, traf- ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; the motion, including exhaustion of all ap- ficking, or stalking in which the alien has and peals if the motion establishes that the alien been battered or subject to extreme cruelty (2) by adding at the end the following: ‘‘An is a qualified alien.’’. or if the alien is described in subparagraph alien who was the spouse of any Cuban alien (b) DEPORTATION AND EXCLUSION PRO- (T) or (V) of section 101(a)(15).’’. described in this section and has resided with CEEDINGS.—Section 1506(c)(2) of the Violence (2) EFFECTIVE DATE.—The amendment such spouse shall continue to be treated as Against Women Act of 2000 (8 U.S.C. 1229a made by paragraph (1) shall take effect on such a spouse for 2 years after the date on note) is amended— the date that is 30 days after the date of the which the Cuban alien dies (or, if later, 2 (1) by striking subparagraph (A) and in- enactment of this Act and shall apply to ap- years after the date of enactment of Violence serting the following: prehensions occurring on or after such date. Against Women and Department of Justice ‘‘(A)(i) IN GENERAL.—Notwithstanding any SEC. 826. PROTECTING ABUSED JUVENILES. Reauthorization Act of 2005), or for 2 years limitation imposed by law on motions to re- Section 287 of the Immigration and Nation- after the date of termination of the marriage open or rescind deportation proceedings ality Act (8 U.S.C. 1357), as amended by sec- (or, if later, 2 years after the date of enact- under the Immigration and Nationality Act tion 726, is further amended by adding at the ment of Violence Against Women and De- (as in effect before the title III-A effective end the following new clause: partment of Justice Reauthorization Act of date in section 309 of the Illegal Immigration ‘‘(i) An alien described in section 2005) if there is demonstrated a connection Reform and Immigrant Responsibility Act of 101(a)(27)(J) of the Immigration and Nation- between the termination of the marriage and 1996 (8 U.S.C. 1101 note))— ality Act who has been battered, abused, ne- the battering or extreme cruelty by the ‘‘(I) there is no time limit on the filing of glected, or abandoned, shall not be com- Cuban alien.’’. a motion to reopen such proceedings, and the pelled to contact the alleged abuser (or fam- (b) EFFECTIVE DATE.—The amendment deadline specified in section 242B(c)(3) of the ily member of the alleged abuser) at any made by subsection (a)(1) shall take effect as Immigration and Nationality Act (as so in stage of applying for special immigrant juve- if included in the enactment of the Violence effect) (8 U.S.C. 1252b(c)(3)) does not apply— nile status, including after a request for the Against Women Act of 2000 (division B of ‘‘(aa) if the basis of the motion is to apply consent of the Secretary of Homeland Secu- Public Law 106–386; 114 Stat. 1491). for relief under clause (iii) or (iv) of section rity under section 101(a)(27)(J)(iii)(I) of such 204(a)(1)(A) of the Immigration and Nation- SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA Act.’’. APPLICANTS. ality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 SEC. 827. PROTECTION OF DOMESTIC VIOLENCE (a) IN GENERAL.—Section 902(d)(1)(B) of the AND CRIME VICTIMS FROM CERTAIN Haitian Refugee Immigration Fairness Act U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of DISCLOSURES OF INFORMATION. of 1998 (8 U.S.C. 1255 note) is amended— such Act (as so in effect) (8 U.S.C. 1254(a)(3)); In developing regulations or guidance with (1) in clause (i), by striking ‘‘whose status and regard to identification documents, includ- is adjusted to that of an alien lawfully ad- ‘‘(bb) if the motion is accompanied by a ing driver’s licenses, the Secretary of Home- mitted for permanent residence’’ and insert- suspension of deportation application to be land Security, in consultation with the Ad- ing ‘‘who is or was eligible for classifica- filed with the Secretary of Homeland Secu- ministrator of Social Security, shall con- tion’’; rity or by a copy of the self-petition that sider and address the needs of victims, in- (2) in clause (ii), by striking ‘‘whose status will be filed with the Department of Home- cluding victims of battery, extreme cruelty, is adjusted to that of an alien lawfully ad- land Security upon the granting of the mo- domestic violence, dating violence, sexual mitted for permanent residence’’ and insert- tion to reopen; and assault, stalking or trafficking, who are ening ‘‘who is or was eligible for classifica- ‘‘(II) any such limitation shall not apply so titled to enroll in State address confiden- tion’’; and as to prevent the filing of one motion to re- tiality programs, whose addresses are enti- (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ open described in section 240(c)(7)(C)(iv) of tled to be suppressed under State or Federal and inserting ‘‘204(a)(1)(J)’’. the Immigration and Nationality Act (8 law or suppressed by a court order, or who U.S.C. 1229a(c)(7)). (b) EFFECTIVE DATE.—The amendment are protected from disclosure of information made by subsection (a)(3) shall take effect as ‘‘(ii) PRIMA FACIE CASE.—The filing of a mo- pursuant to section 384 of the Illegal Immi- if included in the enactment of the Violence tion to reopen under this subparagraph shall gration Reform and Immigrant Responsi- Against Women Act of 2000 (division B of only stay the removal of a qualified alien (as bility Act of 1996 (8 U.S.C. 1367). defined in section 431(c)(1)(B) of the Personal Public Law 106–386; 114 Stat. 1491). SEC. 828. RULEMAKING. Responsibility and Work Opportunity Rec- SEC. 825. MOTIONS TO REOPEN. Not later than 180 days after the date of onciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) (a) REMOVAL PROCEEDINGS.—Section enactment of this Act, the Attorney General, pending the final disposition of the motion, 240(c)(7) of the Immigration and Nationality the Secretary of Homeland Security, and the including exhaustion of all appeals if the mo- Act (8 U.S.C. 1229a(c)(7)), as redesignated by Secretary of State shall promulgate regulation establishes that the alien is a qualified section 101(d)(1) of the REAL ID Act of 2005 tions to implement the provisions contained alien.’’; (division B of Public Law 109–13), is amend- in the Battered Immigrant Women Protec- (2) in subparagraph (B), in the matter pre- ed— tion Act of 2000 (title V of Public Law 106- ceding clause (i), by inserting ‘‘who are phys- (1) in subparagraph (A), by inserting ‘‘, ex- 386), this Act, and the amendments made by ically present in the United States and’’ cept that this limitation shall not apply so this Act. after ‘‘filed by aliens’’; and as to prevent the filing of one motion to re- (3) in subparagraph (B)(i), by inserting ‘‘or Subtitle D—International Marriage Broker open described in subparagraph (C)(iv)’’ be- exclusion’’ after ‘‘deportation’’. Regulation fore the period at the end; and (c) CERTIFICATION OF COMPLIANCE IN RE- SEC. 831. SHORT TITLE. (2) in subparagraph (C)— MOVAL PROCEEDINGS.— This subtitle may be cited as the ‘‘Inter- (A) in the heading of clause (iv), by strik- (1) IN GENERAL.—Section 239 of the Immi- national Marriage Broker Regulation Act of ing ‘‘SPOUSES AND CHILDREN’’ and inserting gration and Nationality Act (8 U.S.C. 1229) is 2005’’. ‘‘SPOUSES, CHILDREN, AND PARENTS’’; amended by adding at the end the following SEC. 832. ACCESS TO VAWA PROTECTION RE- (B) in the matter before subclause (I) of new subsection: GARDLESS OF MANNER OF ENTRY. clause (iv), by striking ‘‘The deadline speci- ‘‘(e) CERTIFICATION OF COMPLIANCE WITH (a) INFORMATION ON CERTAIN CONVICTIONS fied in subsection (b)(5)(C) for filing a motion RESTRICTIONS ON DISCLOSURE.— AND LIMITATION ON PETITIONS FOR K NON- to reopen does not apply’’ and inserting ‘‘(1) IN GENERAL.—In cases where an en- IMMIGRANT PETITIONERS.— ‘‘Any limitation under this section on the forcement action leading to a removal pro- (1) 214(D) AMENDMENT.—Section 214(d) of the deadlines for filing such motions shall not ceeding was taken against an alien at any of Immigration and Nationality Act (8 U.S.C. apply’’; the locations specified in paragraph (2), the 1184(d)) is amended— (C) in clause (iv)(I), by striking ‘‘or section Notice to Appear shall include a statement (A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 240A(b)’’ and inserting ‘‘, section 240A(b), or that the provisions of section 384 of the Ille- (B) by inserting after the second sentence section 244(a)(3) (as in effect on March 31, gal Immigration Reform and Immigrant Re- ‘‘Such information shall include information 1997)’’; sponsibility Act of 1996 (8 U.S.C. 1367) have on any criminal convictions of the petitioner (D) by striking ‘‘and’’ at the end of clause been complied with. for any specified crime.’’; (iv)(II); ‘‘(2) LOCATIONS.—The locations specified in (C) by striking ‘‘Attorney General’’ and in- (E) by striking the period at the end of this paragraph are as follows: serting ‘‘Secretary of Homeland Security’’ clause (iv)(III) and inserting ‘‘; and’’; and ‘‘(A) At a domestic violence shelter, a rape each place it appears; and (F) by adding at the end the following: crisis center, supervised visitation center, (D) by adding at the end the following: ‘‘(IV) if the alien is physically present in family justice center, a victim services, or ‘‘(2)(A) Subject to subparagraphs (B) and the United States at the time of filing the victim services provider, or a community- (C), a consular officer may not approve a pe- motion. based organization. tition under paragraph (1) unless the officer The filing of a motion to reopen under this ‘‘(B) At a courthouse (or in connection has verified that— clause shall only stay the removal of a quali- with that appearance of the alien at a court- ‘‘(i) the petitioner has not, previous to the fied alien (as defined in section 431(c)(1)(B) of house) if the alien is appearing in connection pending petition, petitioned under paragraph the Personal Responsibility and Work Oppor- with a protection order case, child custody (1) with respect to two or more applying tunity Reconciliation Act of 1996 (8 U.S.C. case, or other civil or criminal case relating aliens; and

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00217 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.209 S16DEPT1 S13906 CONGRESSIONAL RECORD — SENATE December 16, 2005 ‘‘(ii) if the petitioner has had such a peti- ‘‘(B)(i) Once a petitioner has had two (D) The legal rights of immigrant victims tion previously approved, 2 years have fiance´(e) or spousal petitions approved under of abuse and other crimes in immigration, elapsed since the filing of such previously clause (i) or (ii) of section 101(a)(15)(K), if a criminal justice, family law, and other mat- approved petition. subsequent petition is filed under such sec- ters, including access to protection orders. ‘‘(B) The Secretary of Homeland Security tion less than 10 years after the date the first (E) The obligations of parents to provide may, in the Secretary’s discretion, waive the visa petition was filed under such section, child support for children. limitations in subparagraph (A) if justifica- the Secretary of Homeland Security shall (F) Marriage fraud under United States im- tion exists for such a waiver. Except in ex- notify both the petitioner and beneficiary of migration laws and the penalties for com- traordinary circumstances and subject to any such subsequent petition about the num- mitting such fraud. subparagraph (C), such a waiver shall not be ber of previously approved fiance´(e) or spous- (G) A warning concerning the potential use granted if the petitioner has a record of vio- al petitions listed in the database. of K nonimmigrant visas by United States lent criminal offenses against a person or ‘‘(ii) A copy of the information and re- citizens who have a history of committing persons. sources pamphlet on domestic violence de- domestic violence, sexual assault, child ‘‘(C)(i) The Secretary of Homeland Secu- veloped under section 833(a) of the Inter- rity is not limited by the criminal court national Marriage Broker Regulation Act of abuse, or other crimes and an explanation record and shall grant a waiver of the condi- 2005 shall be mailed to the beneficiary along that such acts may not have resulted in a tion described in the second sentence of sub- with the notification required in clause (i). criminal record for such a citizen. paragraph (B) in the case of a petitioner de- ‘‘(5) In this subsection: (H) Notification of the requirement under scribed in clause (ii). ‘‘(A) The terms ‘domestic violence’, ‘sexual subsection (d)(3)(A) that international mar- ‘‘(ii) A petitioner described in this clause is assault’, ‘child abuse and neglect’, ‘dating vi- riage brokers provide foreign national cli- a petitioner who has been battered or sub- olence’, ‘elder abuse’, and ‘stalking’ have the ents with background information gathered jected to extreme cruelty and who is or was meaning given such terms in section 3 of the on United States clients from searches of not the primary perpetrator of violence in Violence Against Women and Department of Federal and State sex offender public reg- the relationship upon a determination that— Justice Reauthorization Act of 2005. istries and collected from United States cli- ‘‘(I) the petitioner was acting in self-de- ‘‘(B) The term ‘specified crime’ means the ents regarding their marital history and do- fense; following: mestic violence or other violent criminal ‘‘(II) the petitioner was found to have vio- ‘‘(i) Domestic violence, sexual assault, history, but that such information may not lated a protection order intended to protect child abuse and neglect, dating violence, be complete or accurate because the United the petitioner; or elder abuse, and stalking. States client may not have a criminal record ‘‘(III) the petitioner committed, was ar- ‘‘(ii) Homicide, murder, manslaughter, or may not have truthfully reported their rested for, was convicted of, or pled guilty to rape, abusive sexual contact, sexual exploi- marital or criminal record. committing a crime that did not result in se- tation, incest, torture, trafficking, peonage, (3) SUMMARIES.—The Secretary of Home- rious bodily injury and where there was a holding hostage, involuntary servitude, slave land Security, in consultation with the At- connection between the crime and the peti- trade, kidnapping, abduction, unlawful torney General and the Secretary of State, tioner’s having been battered or subjected to criminal restraint, false imprisonment, or an shall develop summaries of the pamphlet de- extreme cruelty. attempt to commit any of the crimes developed under paragraph (1) that shall be ‘‘(iii) In acting on applications under this scribed in this clause. used by Federal officials when reviewing the subparagraph, the Secretary of Homeland ‘‘(iii) At least three convictions for crimes pamphlet in interviews under subsection (b). Security shall consider any credible evidence relating to a controlled substance or alcohol (4) TRANSLATION.— relevant to the application. The determina- not arising from a single act.’’. (A) IN GENERAL.—In order to best serve the tion of what evidence is credible and the (3) EFFECTIVE DATE.—The amendments language groups having the greatest con- weight to be given that evidence shall be made by this subsection shall take effect on centration of K nonimmigrant visa appli- within the sole discretion of the Secretary. the date that is 60 days after the date of the cants, the information pamphlet developed ‘‘(3) In this subsection: enactment of this Act. under paragraph (1) shall, subject to subpara- ‘‘(A) The terms ‘domestic violence’, ‘sexual (b) LIMITATION ON USE OF CERTAIN INFOR- graph (B), be translated by the Secretary of assault’, ‘child abuse and neglect’, ‘dating vi- MATION.—The fact that an alien described in State into foreign languages, including Rus- olence’, ‘elder abuse’, and ‘stalking’ have the clause (i) or (ii) of section 101(a)(15)(K) of the sian, Spanish, Tagalog, Vietnamese, Chinese, meaning given such terms in section 3 of the Immigration and Nationality Act (8 U.S.C. Ukrainian, Thai, Korean, Polish, Japanese, Violence Against Women and Department of 1101(a)(15)(K)) is aware of any information French, Arabic, Portuguese, Hindi, and such Justice Reauthorization Act of 2005. disclosed under the amendments made by other languages as the Secretary of State, in ‘‘(B) The term ‘specified crime’ means the this section or under section 833 shall not be the Secretary’s discretion, may specify. following: used to deny the alien eligibility for relief (B) REVISION.—Every 2 years, the Secretary ‘‘(i) Domestic violence, sexual assault, under any other provision of law. of Homeland Security, in consultation with child abuse and neglect, dating violence, SEC. 833. DOMESTIC VIOLENCE INFORMATION the Attorney General and the Secretary of elder abuse, and stalking. AND RESOURCES FOR IMMIGRANTS State, shall determine at least 14 specific ‘‘(ii) Homicide, murder, manslaughter, AND REGULATION OF INTER- languages into which the information pam- rape, abusive sexual contact, sexual exploi- NATIONAL MARRIAGE BROKERS. phlet is translated based on the languages tation, incest, torture, trafficking, peonage, (a) INFORMATION FOR K NONIMMIGRANTS ON spoken by the greatest concentrations of K holding hostage, involuntary servitude, slave LEGAL RIGHTS AND RESOURCES FOR IMMI- nonimmigrant visa applicants. trade, kidnapping, abduction, unlawful GRANT VICTIMS OF DOMESTIC VIOLENCE.— (5) AVAILABILITY AND DISTRIBUTION.—The criminal restraint, false imprisonment, or an (1) IN GENERAL.—The Secretary of Home- information pamphlet developed under para- attempt to commit any of the crimes de- land Security, in consultation with the At- graph (1) shall be made available and distrib- scribed in this clause. torney General and the Secretary of State, uted as follows: ‘‘(iii) At least three convictions for crimes shall develop an information pamphlet, as (A) MAILINGS TO K NONIMMIGRANT VISA AP- relating to a controlled substance or alcohol described in paragraph (2), on legal rights PLICANTS.— not arising from a single act.’’. and resources for immigrant victims of domestic violence and distribute and make (i) The pamphlet shall be mailed by the (2) 214(R) AMENDMENT.—Section 214(r) of Secretary of State to each applicant for a K such Act (8 U.S.C. 1184(r)) is amended— such pamphlet available as described in nonimmigrant visa at the same time that (A) in paragraph (1), by inserting after the paragraph (5). In preparing such materials, the instruction packet regarding the visa ap- second sentence ‘‘Such information shall in- the Secretary of Homeland Security shall consult with nongovernmental organizations plication process is mailed to such applicant. clude information on any criminal convic- with expertise on the legal rights of immi- The pamphlet so mailed shall be in the pri- tions of the petitioner for any specified grant victims of battery, extreme cruelty, mary language of the applicant or in English crime.’’; and sexual assault, and other crimes. if no translation into the applicant’s pri- (B) by adding at the end the following: ‘‘(4)(A) The Secretary of Homeland Secu- (2) INFORMATION PAMPHLET.—The informa- mary language is available. rity shall create a database for the purpose tion pamphlet developed under paragraph (1) (ii) The Secretary of Homeland Security of tracking multiple visa petitions filed for shall include information on the following: shall provide to the Secretary of State, for fiance´(e)s and spouses under clauses (i) and (A) The K nonimmigrant visa application inclusion in the mailing under clause (i), a (ii) of section 101(a)(15)(K). Upon approval of process and the marriage-based immigration copy of the petition submitted by the peti- a second visa petition under section process, including conditional residence and tioner for such applicant under subsection 101(a)(15)(K) for a fiance´(e) or spouse filed by adjustment of status. (d) or (r) of section 214 of such Act (8 U.S.C. the same United States citizen petitioner, (B) The illegality of domestic violence, 1184). the petitioner shall be notified by the Sec- sexual assault, and child abuse in the United (iii) The Secretary of Homeland Security retary that information concerning the peti- States and the dynamics of domestic vio- shall provide to the Secretary of State any tioner has been entered into the multiple lence. criminal background information the Sec- visa petition tracking database. All subse- (C) Domestic violence and sexual assault retary of Homeland Security possesses with quent fiance´(e) or spouse nonimmigrant visa services in the United States, including the respect to a petitioner under subsection (d) petitions filed by that petitioner under such National Domestic Violence Hotline and the or (r) of section 214 of such Act (8 U.S.C. section shall be entered in the database. National Sexual Assault Hotline. 1184). The Secretary of State, in turn, shall

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00218 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.209 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13907 share any such criminal background infor- order against the petitioner or who was a (i) performed a search of the National Sex mation that is in government records or victim of a crime of violence perpetrated by Offender Public Registry, or of the relevant databases with the K nonimmigrant visa ap- the petitioner, but shall disclose the rela- State sex offender public registry for any plicant who is the beneficiary of the peti- tionship of the person to the petitioner. State not yet participating in the National tion. The visa applicant shall be informed (d) REGULATION OF INTERNATIONAL MAR- Sex Offender Public Registry in which the that such criminal background information RIAGE BROKERS.— United States client has resided during the is based on available records and may not be (1) PROHIBITION ON MARKETING CHILDREN.— previous 20 years, for information regarding complete. The Secretary of State also shall An international marriage broker shall not the United States client; provide for the disclosure of such criminal provide any individual or entity with the (ii) collected background information background information to the visa appli- personal contact information, photograph, or about the United States client required cant at the consular interview in the pri- general information about the background or under paragraph (2); mary language of the visa applicant. Nothing interests of any individual under the age of (iii) provided to the foreign national cli- in this clause shall be construed to authorize 18. ent— the Secretary of Homeland Security to con- (2) REQUIREMENTS OF INTERNATIONAL MAR- (I) in the foreign national client’s primary duct any new or additional criminal back- RIAGE BROKERS WITH RESPECT TO MANDATORY language, a copy of any records retrieved ground check that is not otherwise con- COLLECTION OF BACKGROUND INFORMATION.— from the search required under paragraph ducted in the course of adjudicating such pe- (A) IN GENERAL.— (2)(A)(i) or documentation confirming that titions. (i) SEARCH OF SEX OFFENDER PUBLIC REG- such search retrieved no records; (B) CONSULAR ACCESS.—The pamphlet de- ISTRIES.—Each international marriage (II) in the foreign national client’s primary veloped under paragraph (1) shall be made broker shall search the National Sex Of- language, a copy of the background informa- available to the public at all consular posts. fender Public Registry or State sex offender tion collected by the international marriage The summaries described in paragraph (3) public registry, as required under paragraph broker under paragraph (2)(B); and shall be made available to foreign service of- (3)(A)(i). (III) in the foreign national client’s pri- ficers at all consular posts. (ii) COLLECTION OF BACKGROUND INFORMA- mary language (or in English or other appro- (C) POSTING ON FEDERAL WEBSITES.—The TION.—Each international marriage broker pamphlet developed under paragraph (1) priate language if there is no translation shall be posted on the websites of the De- shall also collect the background informa- available into the client’s primary lan- partment of State and the Department of tion listed in subparagraph (B) about the guage), the pamphlet developed under sub- Homeland Security, as well as on the United States client to whom the personal section (a)(1); and websites of all consular posts processing ap- contact information of a foreign national cli- (iv) received from the foreign national cli- plications for K nonimmigrant visas. ent would be provided. ent a signed, written consent, in the foreign ACKGROUND INFORMATION (D) INTERNATIONAL MARRIAGE BROKERS AND (B) B .—The international client’s primary language, to re- VICTIM ADVOCACY ORGANIZATIONS.—The pam- national marriage broker shall collect a cer- lease the foreign national client’s personal phlet developed under paragraph (1) shall be tification signed (in written, electronic, or contact information to the specific United made available to any international mar- other form) by the United States client ac- States client. riage broker, government agency, or non- companied by documentation or an attesta- (B) CONFIDENTIALITY.—In fulfilling the re- governmental advocacy organization. tion of the following background informa- quirements of this paragraph, an inter- (6) DEADLINE FOR PAMPHLET DEVELOPMENT tion about the United States client: national marriage broker shall disclose the AND DISTRIBUTION.—The pamphlet developed (i) Any temporary or permanent civil pro- relationship of the United States client to under paragraph (1) shall be distributed and tection order or restraining order issued individuals who were issued a protection made available (including in the languages against the United States client. order or restraining order as described in specified under paragraph (4)) not later than (ii) Any Federal, State, or local arrest or clause (i) of paragraph (2)(B), or of any other 120 days after the date of the enactment of conviction of the United States client for victims of crimes as described in clauses (ii) this Act. homicide, murder, manslaughter, assault, through (iv) of such paragraph, but shall not (b) VISA AND ADJUSTMENT INTERVIEWS.— battery, domestic violence, rape, sexual as- disclose the name or location information of (1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVA- sault, abusive sexual contact, sexual exploi- such individuals. TIVES.—During an interview with an appli- tation, incest, child abuse or neglect, tor- (C) PENALTY FOR MISUSE OF INFORMATION.— cant for a K nonimmigrant visa, a consular ture, trafficking, peonage, holding hostage, A person who knowingly discloses, uses, or officers shall— involuntary servitude, slave trade, kidnap- causes to be used any information obtained (A) provide information, in the primary ping, abduction, unlawful criminal restraint, by an international marriage broker as a re- language of the visa applicant, on protection false imprisonment, or stalking. sult of the obligations imposed on it under orders or criminal convictions collected (iii) Any Federal, State, or local arrest or paragraph (2) and this paragraph for any pur- under subsection (a)(5)(A)(iii); conviction of the United States client for— pose other than the disclosures required (B) provide a copy of the pamphlet devel- (I) solely, principally, or incidentally en- under this paragraph shall be fined in ac- oped under subsection (a)(1) in English or an- gaging in prostitution; cordance with title 18, United States Code, other appropriate language and provide an (II) a direct or indirect attempt to procure or imprisoned not more than 1 year, or both. oral summary, in the primary language of prostitutes or persons for the purpose of These penalties are in addition to any other the visa applicant, of that pamphlet; and prostitution; or civil or criminal liability under Federal or (C) ask the applicant, in the primary lan- (III) receiving, in whole or in part, of the State law which a person may be subject to guage of the applicant, whether an inter- proceeds of prostitution. for the misuse of that information, including national marriage broker has facilitated the (iv) Any Federal, State, or local arrest or to threaten, intimidate, or harass any indi- relationship between the applicant and the conviction of the United States client for of- vidual. Nothing in this section shall prevent United States petitioner, and, if so, obtain fenses related to controlled substances or al- the disclosure of such information to law en- the identity of the international marriage cohol. forcement or pursuant to a court order. broker from the applicant and confirm that (v) Marital history of the United States (4) LIMITATION ON DISCLOSURE.—An inter- the international marriage broker provided client, including whether the client is cur- national marriage broker shall not provide to the applicant the information and mate- rently married, whether the client has pre- the personal contact information of any for- rials required under subsection (d)(3)(A)(iii). viously been married and how many times, eign national client to any person or entity (2) FAMILY-BASED APPLICANTS.—The pam- how previous marriages of the client were other than a United States client. Such in- phlet developed under subsection (a)(1) shall terminated and the date of termination, and formation shall not be disclosed to potential be distributed directly to applicants for fam- whether the client has previously sponsored United States clients or individuals who are ily-based immigration petitions at all con- an alien to whom the client was engaged or being recruited to be United States clients or sular and adjustment interviews for such married. representatives. visas. The Department of State or Depart- (vi) The ages of any of the United States (5) PENALTIES.— ment of Homeland Security officer con- client’s children who are under the age of 18. (A) FEDERAL CIVIL PENALTY.— ducting the interview shall review the sum- (vii) All States and countries in which the (i) VIOLATION.—An international marriage mary of the pamphlet with the applicant United States client has resided since the broker that violates (or attempts to violate) orally in the applicant’s primary language, client was 18 years of age. paragraph (1), (2), (3), or (4) is subject to a in addition to distributing the pamphlet to (3) OBLIGATION OF INTERNATIONAL MARRIAGE civil penalty of not less than $5,000 and not the applicant in English or another appro- BROKERS WITH RESPECT TO INFORMED CON- more than $25,000 for each such violation. priate language. SENT.— (ii) PROCEDURES FOR IMPOSITION OF PEN- (c) CONFIDENTIALITY.—In fulfilling the re- (A) LIMITATION ON SHARING INFORMATION ALTY.—A penalty may be imposed under quirements of this section, no official of the ABOUT FOREIGN NATIONAL CLIENTS.—An inter- clause (i) by the Attorney General only after Department of State or the Department of national marriage broker shall not provide notice and an opportunity for an agency Homeland Security shall disclose to a non- any United States client or representative hearing on the record in accordance with immigrant visa applicant the name or con- with the personal contact information of any subchapter II of chapter 5 of title 5, United tact information of any person who was foreign national client unless and until the States Code (popularly known as the Admin- granted a protection order or restraining international marriage broker has— istrative Procedure Act).

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00219 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.209 S16DEPT1 S13908 CONGRESSIONAL RECORD — SENATE December 16, 2005

(B) FEDERAL CRIMINAL PENALTY.—In cir- 101(a)(15)(K) of the Immigration and Nation- (viii) the annual and cumulative number of cumstances in or affecting interstate or for- ality Act (8 U.S.C. 1101(a)(15)(K)). petitioners and applicants tracked in the eign commerce, an international marriage (6) PERSONAL CONTACT INFORMATION.— multiple filings database established under broker that, within the special maritime and (A) IN GENERAL.—The term ‘‘personal con- paragraph (4) of section 214(r) of the Immi- territorial jurisdiction of the United States, tact information’’ means information, or a gration and Nationality Act, as added by violates (or attempts to violate) paragraph forum to obtain such information, that this Act; (1), (2), (3), or (4) shall be fined in accordance would permit individuals to contact each (B) regarding the number of international with title 18, United States Code, or impris- other, including— marriage brokers doing business in the oned for not more than 5 years, or both. (i) the name or residential, postal, elec- United States, the number of marriages re- (C) ADDITIONAL REMEDIES.—The penalties tronic mail, or instant message address of an sulting from the services provided, and the and remedies under this subsection are in ad- individual; extent of compliance with the applicable re- dition to any other penalties or remedies (ii) the telephone, pager, cellphone, or fax quirements of this section; available under law. number, or voice message mailbox of an indi- (C) that assesses the accuracy and com- (6) NONPREEMPTION.—Nothing in this sub- vidual; or pleteness of information gathered under sec- section shall preempt— (iii) the provision of an opportunity for an tion 832 and this section from clients and pe- (A) any State law that provides additional in-person meeting. titioners by international marriage brokers, protections for aliens who are utilizing the (B) EXCEPTION.—Such term does not in- the Department of State, or the Department services of an international marriage broker; clude a photograph or general information of Homeland Security; or about the background or interests of a per- (D) that examines, based on the informa- (B) any other or further right or remedy son. tion gathered, the extent to which persons available under law to any party utilizing (7) REPRESENTATIVE.—The term ‘‘rep- with a history of violence are using either the services of an international marriage resentative’’ means, with respect to an inter- the K nonimmigrant visa process or the serv- broker. national marriage broker, the person or enti- ices of international marriage brokers, or (7) EFFECTIVE DATE.— ty acting on behalf of such broker. Such a both, and the extent to which such persons (A) IN GENERAL.—Except as provided in representative may be a recruiter, agent, are providing accurate and complete infor- subparagraph (B), this subsection shall take independent contractor, or other inter- mation to the Department of State or the effect on the date that is 60 days after the national marriage broker or other person Department of Homeland Security and to date of the enactment of this Act. conveying information about or to a United international marriage brokers in accord- (B) ADDITIONAL TIME ALLOWED FOR INFOR- States client or foreign national client, ance with subsections (a) and (d)(2)(B); and MATION PAMPHLET.—The requirement for the whether or not the person or entity receives (E) that assesses the accuracy and com- distribution of the pamphlet developed under remuneration. pleteness of the criminal background check subsection (a)(1) shall not apply until 30 days (8) STATE.—The term ‘‘State’’ includes the performed by the Secretary of Homeland Se- after the date of its development and initial District of Columbia, Puerto Rico, the Vir- curity at identifying past instances of do- distribution under subsection (a)(6). gin Islands, Guam, American Samoa, and the mestic violence. (e) DEFINITIONS.—In this section: Northern Mariana Islands. (2) REPORT.—Not later than 2 years after (1) CRIME OF VIOLENCE.—The term ‘‘crime (9) UNITED STATES.—The term ‘‘United the date of enactment of this Act, the Comp- of violence’’ has the meaning given such States’’, when used in a geographic sense, in- troller General shall submit to the Com- term in section 16 of title 18, United States cludes all the States. mittee on the Judiciary of the Senate and Code. (10) UNITED STATES CLIENT.—The term the Committee on the Judiciary of the House (2) DOMESTIC VIOLENCE.—The term ‘‘domes- ‘‘United States client’’ means a United of Representatives a report setting forth the tic violence’’ has the meaning given such States citizen or other individual who re- results of the study conducted under para- term in section 3 of this Act. sides in the United States and who utilizes graph (1). (3) FOREIGN NATIONAL CLIENT.—The term the services of an international marriage (3) DATA COLLECTION.—The Secretary of ‘‘foreign national client’’ means a person broker, if a payment is made or a debt is in- Homeland Security and the Secretary of who is not a United States citizen or na- curred to utilize such services. State shall collect and maintain the data tional or an alien lawfully admitted to the (f) GAO STUDY AND REPORT.— necessary for the Comptroller General of the United States for permanent residence and (1) STUDY.—The Comptroller General of the United States to conduct the study required who utilizes the services of an international United States shall conduct a study— by paragraph (1). marriage broker. Such term includes an (A) on the impact of this section and sec- (g) REPEAL OF MAIL-ORDER BRIDE PROVI- alien residing in the United States who is in tion 832 on the K nonimmigrant visa process, SION.—Section 652 of the Illegal Immigration the United States as a result of utilizing the including specifically— Reform and Immigrant Responsibility Act of services of an international marriage broker (i) annual numerical changes in petitions 1996 (division C of Public Law 104–208; 8 and any alien recruited by an international for K nonimmigrant visas; U.S.C. 1375) is hereby repealed. marriage broker or representative of such (ii) the annual number (and percentage) of SEC. 834. SHARING OF CERTAIN INFORMATION. broker. such petitions that are denied under sub- Section 222(f) of the Immigration and Na- (4) INTERNATIONAL MARRIAGE BROKER.— section (d)(2) or (r) of section 214 of the Im- tionality Act (8 U.S.C. 1202(f)) shall not be (A) IN GENERAL.—The term ‘‘international migration and Nationality Act (8 U.S.C. construed to prevent the sharing of informa- marriage broker’’ means a corporation, part- 1184), as amended by this Act; tion regarding a United States petitioner for nership, business, individual, or other legal (iii) the annual number of waiver applica- a visa under clause (i) or (ii) of section entity, whether or not organized under any tions submitted under such a subsection, the 101(a)(15)(K) of such Act (8 U.S.C. law of the United States, that charges fees number (and percentage) of such applica- 1101(a)(15)(K)) for the limited purposes of ful- for providing dating, matrimonial, match- tions granted or denied, and the reasons for filling disclosure obligations imposed by the making services, or social referrals between such decisions; amendments made by section 832(a) or by United States citizens or nationals or aliens (iv) the annual number (and percentage) of section 833, including reporting obligations lawfully admitted to the United States as cases in which the criminal background in- of the Comptroller General of the United permanent residents and foreign national formation collected and provided to the ap- States under section 833(f). clients by providing personal contact infor- plicant as required by subsection TITLE IX—SAFETY FOR INDIAN WOMEN mation or otherwise facilitating communica- (a)(5)(A)(iii) contains one or more convic- SEC. 901. FINDINGS. tion between individuals. tions; Congress finds that— (B) EXCEPTIONS.—Such term does not in- (v) the annual number and percentage of (1) 1 out of every 3 Indian (including Alas- clude— cases described in clause (iv) that were ka Native) women are raped in their life- (i) a traditional matchmaking organiza- granted or were denied waivers under section times; tion of a cultural or religious nature that op- 214(d)(2) of the Immigration and Nationality (2) Indian women experience 7 sexual as- erates on a nonprofit basis and otherwise op- Act, as amended by this Act; saults per 1,000, compared with 4 per 1,000 erates in compliance with the laws of the (vi) the annual number of fiance´(e) and among Black Americans, 3 per 1,000 among countries in which it operates, including the spousal K nonimmigrant visa petitions or Caucasians, 2 per 1,000 among Hispanic laws of the United States; or family-based immigration petitions filed by women, and 1 per 1,000 among Asian women; (ii) an entity that provides dating services petitioners or applicants who have pre- (3) Indian women experience the violent if its principal business is not to provide viously filed other fiance´(e) or spousal K crime of battering at a rate of 23.2 per 1,000, international dating services between United nonimmigrant visa petitions or family-based compared with 8 per 1,000 among Caucasian States citizens or United States residents immigration petitions; women; and foreign nationals and it charges com- (vii) the annual number of fiance´(e) and (4) during the period 1979 through 1992, parable rates and offers comparable services spousal K nonimmigrant visa petitions or homicide was the third leading cause of to all individuals it serves regardless of the family-based immigration petitions filed by death of Indian females aged 15 to 34, and 75 individual’s gender or country of citizenship. petitioners or applicants who have concur- percent were killed by family members or (5) K NONIMMIGRANT VISA.—The term ‘‘K rently filed other fiance´(e) or spousal K non- acquaintances; nonimmigrant visa’’ means a nonimmigrant immigrant visa petitioners or family-based (5) Indian tribes require additional crimi- visa under clause (i) or (ii) of section immigration petitions; and nal justice and victim services resources to

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00220 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13909 respond to violent assaults against women; mittee on the Judiciary of the Senate, and assault, and stalking crimes against Indian and the Committee on the Judiciary of the House women; (6) the unique legal relationship of the of Representatives a report that describes ‘‘(3) strengthen tribal justice interventions United States to Indian tribes creates a Fed- the study. including tribal law enforcement, prosecu- eral trust responsibility to assist tribal gov- (5) AUTHORIZATION OF APPROPRIATIONS.— tion, courts, probation, correctional facili- ernments in safeguarding the lives of Indian There is authorized to be appropriated to ties; women. carry out this section $1,000,000 for each of ‘‘(4) enhance services to Indian women vic- SEC. 902. PURPOSES. fiscal years 2007 and 2008, to remain available timized by domestic violence, dating vio- The purposes of this title are— until expended. lence, sexual assault, and stalking; (1) to decrease the incidence of violent (b) INJURY STUDY.— ‘‘(5) work in cooperation with the commu- crimes against Indian women; (1) IN GENERAL.—The Secretary of Health nity to develop education and prevention (2) to strengthen the capacity of Indian and Human Services, acting through the In- strategies directed toward issues of domestic tribes to exercise their sovereign authority dian Health Service and the Centers for Dis- violence, dating violence, and stalking pro- to respond to violent crimes committed ease Control and Prevention, shall conduct a grams and to address the needs of children against Indian women; and study to obtain a national projection of— exposed to domestic violence; (3) to ensure that perpetrators of violent (A) the incidence of injuries and homicides ‘‘(6) provide programs for supervised visita- crimes committed against Indian women are resulting from domestic violence, dating vio- tion and safe visitation exchange of children held accountable for their criminal behavior. lence, sexual assault, or stalking committed in situations involving domestic violence, SEC. 903. CONSULTATION. against American Indian and Alaska Native sexual assault, or stalking committed by one women; and (a) IN GENERAL.—The Attorney General parent against the other with appropriate se- shall conduct annual consultations with In- (B) the cost of providing health care for curity measures, policies, and procedures to dian tribal governments concerning the Fed- the injuries described in subparagraph (A). protect the safety of victims and their chil- eral administration of tribal funds and pro- (2) REPORT.—Not later than 2 years after dren; and grams established under this Act, the Vio- the date of enactment of this Act, the Sec- ‘‘(7) provide transitional housing for vic- lence Against Women Act of 1994 (title IV of retary of Health and Human Services shall tims of domestic violence, dating violence, Public Law 103–322; 108 Stat. 1902) and the Vi- submit to the Committee on Indian Affairs sexual assault, or stalking, including rental olence Against Women Act of 2000 (division B of the Senate, the Committee on the Judici- or utilities payments assistance and assist- of Public Law 106–386; 114 Stat. 1491). ary of the Senate, and the Committee on the ance with related expenses such as security (b) RECOMMENDATIONS.—During consulta- Judiciary of the House of Representatives a deposits and other costs incidental to relocations under subsection (a), the Secretary of report that describes the findings made in tion to transitional housing, and support the Department of Health and Human Serv- the study and recommends health care strat- services to enable a victim of domestic vio- ices and the Attorney General shall solicit egies for reducing the incidence and cost of lence, dating violence, sexual assault, or recommendations from Indian tribes con- the injuries described in paragraph (1). stalking to locate and secure permanent cerning— (3) AUTHORIZATION OF APPROPRIATIONS.— housing and integrate into a community. (1) administering tribal funds and pro- There is authorized to be appropriated to ‘‘(b) COLLABORATION.—All applicants under grams; carry out this section $500,000 for each of fis- this section shall demonstrate their proposal (2) enhancing the safety of Indian women cal years 2007 and 2008, to remain available was developed in consultation with a non- from domestic violence, dating violence, sex- until expended. profit, nongovernmental Indian victim serv- ual assault, and stalking; and SEC. 905. TRACKING OF VIOLENCE AGAINST IN- ices program, including sexual assault and (3) strengthening the Federal response to DIAN WOMEN. domestic violence victim services providers such violent crimes. (a) ACCESS TO FEDERAL CRIMINAL INFORMA- in the tribal or local community, or a non- TION DATABASES.—Section 534 of title 28, profit tribal domestic violence and sexual as- SEC. 904. ANALYSIS AND RESEARCH ON VIO- United States Code, is amended— sault coalition to the extent that they exist. LENCE AGAINST INDIAN WOMEN. (1) by redesignating subsection (d) as sub- In the absence of such a demonstration, the (a) NATIONAL BASELINE STUDY.— section (e); and applicant may meet the requirement of this (1) IN GENERAL.—The National Institute of (2) by inserting after subsection (c) the fol- subsection through consultation with women Justice, in consultation with the Office on lowing: in the community to be served. Violence Against Women, shall conduct a na- ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.— ‘‘(c) NONEXCLUSIVITY.—The Federal share tional baseline study to examine violence The Attorney General shall permit Indian of a grant made under this section may not against Indian women in Indian country. law enforcement agencies, in cases of domes- exceed 90 percent of the total costs of the (2) SCOPE.— tic violence, dating violence, sexual assault, project described in the application sub- (A) IN GENERAL.—The study shall examine and stalking, to enter information into Fed- mitted, except that the Attorney General violence committed against Indian women, eral criminal information databases and to may grant a waiver of this match require- including— obtain information from the databases.’’. ment on the basis of demonstrated financial (i) domestic violence; (b) TRIBAL REGISTRY.— hardship. Funds appropriated for the activi- (ii) dating violence; (1) ESTABLISHMENT.—The Attorney General ties of any agency of an Indian tribal govern- (iii) sexual assault; shall contract with any interested Indian ment or of the Bureau of Indian Affairs per- (iv) stalking; and tribe, tribal organization, or tribal nonprofit forming law enforcement functions on any (v) murder. organization to develop and maintain— Indian lands may be used to provide the non- (B) EVALUATION.—The study shall evaluate (A) a national tribal sex offender registry; Federal share of the cost of programs or the effectiveness of Federal, State, tribal, and projects funded under this section.’’. and local responses to the violations de- (B) a tribal protection order registry con- (b) AUTHORIZATION OF FUNDS FROM GRANTS scribed in subparagraph (A) committed taining civil and criminal orders of protec- TO COMBAT VIOLENT CRIMES AGAINST against Indian women. tion issued by Indian tribes and partici- WOMEN.—Section 2007(b)(1) of the Omnibus (C) RECOMMENDATIONS.—The study shall pating jurisdictions. Crime Control and Safe Streets Act of 1968 propose recommendations to improve the ef- (2) AUTHORIZATION OF APPROPRIATIONS.— (42 U.S.C. 3796gg–1(b)(1)) is amended to read fectiveness of Federal, State, tribal, and There is authorized to be appropriated to as follows: local responses to the violation described in carry out this section $1,000,000 for each of ‘‘(1) Ten percent shall be available for subparagraph (A) committed against Indian fiscal years 2007 through 2011, to remain grants under the program authorized in sec- women. available until expended. tion 2007. The requirements of this part shall (3) TASK FORCE.— SEC. 906. GRANTS TO INDIAN TRIBAL GOVERN- not apply to funds allocated for such pro- (A) IN GENERAL.—The Attorney General, MENTS. gram.’’. acting through the Director of the Office on (a) IN GENERAL.—Part T of title I of the (c) AUTHORIZATION OF FUNDS FROM GRANTS Violence Against Women, shall establish a Omnibus Crime Control and Safe Streets Act TO ENCOURAGE STATE POLICIES AND ENFORCE- task force to assist in the development and of 1968 (42 U.S.C. 3796gg et seq.) is amended MENT OF PROTECTION ORDERS PROGRAM.—Sec- implementation of the study under para- by adding at the end the following: tion 2101 of the Omnibus Crime Control and graph (1) and guide implementation of the ‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERN- Safe Streets Act of 1968 (42 U.S.C. 3796hh) is recommendation in paragraph (2)(C). MENTS. amended by striking subsection (e) and in- (B) MEMBERS.—The Director shall appoint ‘‘(a) GRANTS.—The Attorney General may serting the following: to the task force representatives from— make grants to Indian tribal governments ‘‘(e) Not less than 10 percent of the total (i) national tribal domestic violence and and tribal organizations to— amount available under this section for each sexual assault nonprofit organizations; ‘‘(1) develop and enhance effective govern- fiscal year shall be available for grants under (ii) tribal governments; and mental strategies to curtail violent crimes the program authorized in section 2007. The (iii) the national tribal organizations. against and increase the safety of Indian requirements of this part shall not apply to (4) REPORT.—Not later than 2 years after women consistent with tribal law and cus- funds allocated for such program.’’. the date of enactment of this Act, the Attor- tom; (d) AUTHORIZATION OF FUNDS FROM RURAL ney General shall submit to the Committee ‘‘(2) increase tribal capacity to respond to DOMESTIC VIOLENCE AND CHILD ABUSE EN- on Indian Affairs of the Senate, the Com- domestic violence, dating violence, sexual FORCEMENT ASSISTANCE GRANTS.—Subsection

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00221 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 S13910 CONGRESSIONAL RECORD — SENATE December 16, 2005 40295(c) of the Violence Against Women Act and other issues relating to violence against a person similarly situated to a spouse, par- of 1994 (42 U.S.C. 13971(c)(3)) is amended by Indian women; ent or guardian of the victim, and the em- striking paragraph (3) and inserting the fol- ‘‘(E) represent the Office on Violence ployee has reasonable grounds to believe lowing: Against Women in the annual consultations that the person to be arrested has com- ‘‘(3) Not less than 10 percent of the total under section 903; mitted, or is committing the crime;’’. amount available under this section for each ‘‘(F) provide technical assistance, coordi- SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL fiscal year shall be available for grants under nation, and support to other offices and bu- OFFENDER. the program authorized in section 2007 of the reaus in the Department of Justice to de- Chapter 7 of title 18, United States Code, is Omnibus Crime Control and Safe Streets Act velop policy and to enforce Federal laws re- amended by adding at the end the following: of 1968. The requirements of this paragraph lating to violence against Indian women, in- ‘‘§ 117. Domestic assault by an habitual of- shall not apply to funds allocated for such cluding through litigation of civil and crimi- fender program.’’. nal actions relating to those laws; (e) AUTHORIZATION OF FUNDS FROM THE ‘‘(G) maintain a liaison with the judicial ‘‘(a) IN GENERAL.—Any person who com- SAFE HAVENS FOR CHILDREN PROGRAM.—Sec- branches of Federal, State, and tribal gov- mits a domestic assault within the special tion 1301 of the Violence Against Women Act ernments on matters relating to violence maritime and territorial jurisdiction of the of 2000 (42 U.S.C. 10420) is amended by strik- against Indian women; United States or Indian country and who has ing subsection (f) and inserting the fol- ‘‘(H) support enforcement of tribal protec- a final conviction on at least 2 separate prior lowing: tion orders and implementation of full faith occasions in Federal, State, or Indian tribal ‘‘(f) Not less than 10 percent of the total and credit educational projects and comity court proceedings for offenses that would be, amount available under this section for each agreements between Indian tribes and if subject to Federal jurisdiction— fiscal year shall be available for grants under States; and ‘‘(1) any assault, sexual abuse, or serious the program authorized in section 2007 of the ‘‘(I) ensure that adequate tribal technical violent felony against a spouse or intimate Omnibus Crime Control and Safe Streets Act assistance is made available to Indian tribes, partner; or of 1968. The requirements of this subsection tribal courts, tribal organizations, and tribal ‘‘(2) an offense under chapter 110A, shall not apply to funds allocated for such nonprofit organizations for all programs re- shall be fined under this title, imprisoned for program.’’. lating to violence against Indian women. a term of not more than 5 years, or both, except that if substantial bodily injury results (f) AUTHORIZATION OF FUNDS FROM THE ‘‘(c) AUTHORITY.— from violation under this section, the of- TRANSITIONAL HOUSING ASSISTANCE GRANTS ‘‘(1) IN GENERAL.—The Deputy Director FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, shall ensure that a portion of the tribal set- fender shall be imprisoned for a term of not STALKING, OR SEXUAL ASSAULT PROGRAM.— aside funds from any grant awarded under more than 10 years. Section 40299(g) of the Violence Against this Act, the Violence Against Women Act of ‘‘(b) DOMESTIC ASSAULT DEFINED.—In this Women Act of 1994 (42 U.S.C. 13975(g)) is 1994 (title IV of Public Law 103–322; 108 Stat. section, the term ‘domestic assault’ means amended by adding at the end the following: 1902), or the Violence Against Women Act of an assault committed by a current or former ‘‘(4) TRIBAL PROGRAM.—Not less than 10 2000 (division B of Public Law 106–386; 114 spouse, parent, child, or guardian of the vic- percent of the total amount available under Stat. 1491) is used to enhance the capacity of tim, by a person with whom the victim this section for each fiscal year shall be Indian tribes to address the safety of Indian shares a child in common, by a person who is available for grants under the program au- women. cohabitating with or has cohabitated with the victim as a spouse, parent, child, or thorized in section 2007 of the Omnibus ‘‘(2) ACCOUNTABILITY.—The Deputy Direc- Crime Control and Safe Streets Act of 1968. tor shall ensure that some portion of the guardian, or by a person similarly situated The requirements of this paragraph shall not tribal set-aside funds from any grant made to a spouse, parent, child, or guardian of the apply to funds allocated for such program.’’. under this part is used to hold offenders ac- victim.’’. (g) AUTHORIZATION OF FUNDS FROM THE countable through— TITLE X—DNA FINGERPRINTING LEGAL ASSISTANCE FOR VICTIMS IMPROVE- ‘‘(A) enhancement of the response of Indian SEC. 1001. SHORT TITLE. MENTS PROGRAM.—Section 1201(f) of the Vio- tribes to crimes of domestic violence, dating This title may be cited as the ‘‘DNA Fin- lence Against Women Act of 2000 (42 U.S.C. violence, sexual assault, and stalking gerprint Act of 2005’’. 3796gg–6) is amended by adding at the end against Indian women, including legal serv- SEC. 1002. USE OF OPT-OUT PROCEDURE TO RE- the following: ices for victims and Indian-specific offender MOVE SAMPLES FROM NATIONAL ‘‘(4) Not less than 10 percent of the total programs; DNA INDEX. amount available under this section for each ‘‘(B) development and maintenance of trib- Section 210304 of the DNA Identification fiscal year shall be available for grants under al domestic violence shelters or programs for Act of 1994 (42 U.S.C. 14132) is amended— the program authorized in section 2007 of the battered Indian women, including sexual as- (1) in subsection (a)(1)(C), by striking Omnibus Crime Control and Safe Streets Act sault services, that are based upon the ‘‘DNA profiles’’ and all that follows through of 1968. The requirements of this paragraph unique circumstances of the Indian women ‘‘, and’’; shall not apply to funds allocated for such to be served; (2) in subsection (d)(1), by striking sub- program.’’. ‘‘(C) development of tribal educational paragraph (A), and inserting the following: SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIO- awareness programs and materials; ‘‘(A) The Director of the Federal Bureau of LENCE AGAINST WOMEN. ‘‘(D) support for customary tribal activi- Investigation shall promptly expunge from Part T of title I of the Omnibus Crime Con- ties to strengthen the intolerance of an In- the index described in subsection (a) the trol and Safe Streets Act of 1968 (42 U.S.C. dian tribe to violence against Indian women; DNA analysis of a person included in the 3796gg et seq.), as amended by section 906, is and index— amended by adding at the end the following: ‘‘(E) development, implementation, and ‘‘(i) on the basis of conviction for a quali- ‘‘SEC. 2008. TRIBAL DEPUTY. maintenance of tribal electronic databases fying Federal offense or a qualifying District ‘‘(a) ESTABLISHMENT.—There is established for tribal protection order registries.’’. of Columbia offense (as determined under in the Office on Violence Against Women a SEC. 908. ENHANCED CRIMINAL LAW RESOURCES. sections 3 and 4 of the DNA Analysis Backlog Deputy Director for Tribal Affairs. (a) FIREARMS POSSESSION PROHIBITIONS.— Elimination Act of 2000 (42 U.S.C. 14135a, ‘‘(b) DUTIES.— Section 921(33)(A)(i) of title 18, United States 14135b), respectively), if the Director re- ‘‘(1) IN GENERAL.—The Deputy Director Code, is amended to read: ‘‘(i) is a mis- ceives, for each conviction of the person of a shall under the guidance and authority of demeanor under Federal, State, or Tribal qualifying offense, a certified copy of a final the Director of the Office on Violence law; and’’. court order establishing that such conviction Against Women— (b) LAW ENFORCEMENT AUTHORITY.—Sec- has been overturned; or ‘‘(A) oversee and manage the administration 4(3) of the Indian Law Enforcement Re- ‘‘(ii) on the basis of an arrest under the au- tion of grants to and contracts with Indian form Act (25 U.S.C. 2803(3) is amended— thority of the United States, if the Attorney tribes, tribal courts, tribal organizations, or (1) in subparagraph (A), by striking ‘‘or’’; General receives, for each charge against the tribal nonprofit organizations; (2) in subparagraph (B), by striking the person on the basis of which the analysis was ‘‘(B) ensure that, if a grant under this Act semicolon and inserting ‘‘, or’’; and or could have been included in the index, a or a contract pursuant to such a grant is (3) by adding at the end the following: certified copy of a final court order estab- made to an organization to perform services ‘‘(C) the offense is a misdemeanor crime of lishing that such charge has been dismissed that benefit more than 1 Indian tribe, the ap- domestic violence, dating violence, stalking, or has resulted in an acquittal or that no proval of each Indian tribe to be benefitted or violation of a protection order and has, as charge was filed within the applicable time shall be a prerequisite to the making of the an element, the use or attempted use of period.’’; grant or letting of the contract; physical force, or the threatened use of a (3) in subsection (d)(2)(A)(ii), by striking ‘‘(C) coordinate development of Federal deadly weapon, committed by a current or ‘‘all charges for’’ and all that follows, and in- policy, protocols, and guidelines on matters former spouse, parent, or guardian of the vic- serting the following: ‘‘the responsible agen- relating to violence against Indian women; tim, by a person with whom the victim cy or official of that State receives, for each ‘‘(D) advise the Director of the Office on shares a child in common, by a person who is charge against the person on the basis of Violence Against Women concerning poli- cohabitating with or has cohabited with the which the analysis was or could have been cies, legislation, implementation of laws, victim as a spouse, parent, or guardian, or by included in the index, a certified copy of a

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00222 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13911

final court order establishing that such (4) GENERAL LEGAL ACTIVITIES.—For Gen- (C) $31,343,000 for the Office of Community charge has been dismissed or has resulted in eral Legal Activities: $679,661,000, which shall Oriented Policing Services. an acquittal or that no charge was filed include— within the applicable time period.’’; and (A) not less than $4,000,000 for the inves- SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007. (4) by striking subsection (e). tigation and prosecution of denaturalization SEC. 1003. EXPANDED USE OF CODIS GRANTS. and deportation cases involving alleged Nazi There are authorized to be appropriated for Section 2(a)(1) of the DNA Analysis Back- war criminals; fiscal year 2007, to carry out the activities of log Elimination Act of 2000 (42 U.S.C. (B) not less than $15,000,000 for the inves- the Department of Justice (including any bu- 14135(a)(1)) is amended by striking ‘‘taken tigation and prosecution of violations of reau, office, board, division, commission, from individuals convicted of a qualifying title 17 of the United States Code; subdivision, unit, or other component there- State offense (as determined under sub- (C) not to exceed $20,000 to meet unforeseen of), the following sums: emergencies of a confidential character; and section (b)(3))’’ and inserting ‘‘collected (1) GENERAL ADMINISTRATION.—For General under applicable legal authority’’. (D) $5,000,000 for the investigation and Administration: $167,863,000. prosecution of violations of chapter 77 of SEC. 1004. AUTHORIZATION TO CONDUCT DNA (2) ADMINISTRATIVE REVIEW AND APPEALS.— SAMPLE COLLECTION FROM PER- title 18 of the United States Code. For Administrative Review and Appeals: NTITRUST DIVISION.—For the Antitrust SONS ARRESTED OR DETAINED (5) A $224,937,000 for administration of clemency UNDER FEDERAL AUTHORITY. Division: $144,451,000. petitions and for immigration-related activi- (6) UNITED STATES ATTORNEYS.—For United (a) IN GENERAL.—Section 3 of the DNA ties. Analysis Backlog Elimination Act of 2000 (42 States Attorneys: $1,626,146,000. (3) OFFICE OF INSPECTOR GENERAL.—For the (7) FEDERAL BUREAU OF INVESTIGATION.— U.S.C. 14135a) is amended— Office of Inspector General: $75,741,000, which For the Federal Bureau of Investigation: (1) in subsection (a)— shall include not to exceed $10,000 to meet $5,761,237,000, which shall include not to ex- (A) in paragraph (1), by striking ‘‘The Di- unforeseen emergencies of a confidential ceed $70,000 to meet unforeseen emergencies rector’’ and inserting the following: character. ‘‘(A) The Attorney General may, as pre- of a confidential character. (4) GENERAL LEGAL ACTIVITIES.—For Gen- (8) UNITED STATES MARSHALS SERVICE.—For scribed by the Attorney General in regula- eral Legal Activities: $706,847,000, which shall tion, collect DNA samples from individuals the United States Marshals Service: $800,255,000. include— who are arrested or from non-United States (A) not less than $4,000,000 for the inves- (9) FEDERAL PRISON SYSTEM.—For the Fed- persons who are detained under the author- tigation and prosecution of denaturalization ity of the United States. The Attorney Gen- eral Prison System, including the National Institute of Corrections: $5,065,761,000. and deportation cases involving alleged Nazi eral may delegate this function within the war criminals; Department of Justice as provided in section (10) DRUG ENFORCEMENT ADMINISTRATION.— For the Drug Enforcement Administration: (B) not less than $15,600,000 for the inves- 510 of title 28, United States Code, and may tigation and prosecution of violations of also authorize and direct any other agency of $1,716,173,000, which shall include not to exceed $70,000 to meet unforeseen emergencies title 17 of the United States Code; the United States that arrests or detains in- (C) not to exceed $20,000 to meet unforeseen dividuals or supervises individuals facing of a confidential character. (11) BUREAU OF ALCOHOL, TOBACCO, FIRE- emergencies of a confidential character; and charges to carry out any function and exer- (D) $5,000,000 for the investigation and cise any power of the Attorney General ARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and Explosives: prosecution of violations of chapter 77 of under this section. title 18 of the United States Code. ‘‘(B) The Director’’; and $923,613,000. (12) FEES AND EXPENSES OF WITNESSES.—For (5) ANTITRUST DIVISION.—For the Antitrust (B) in paragraphs (3) and (4), by striking Division: $150,229,000. ‘‘Director of the Bureau of Prisons’’ each Fees and Expenses of Witnesses: $181,137,000, which shall include not to exceed $8,000,000 (6) UNITED STATES ATTORNEYS.—For United place it appears and inserting ‘‘Attorney States Attorneys: $1,691,192,000. General, the Director of the Bureau of Pris- for construction of protected witness (7) FEDERAL BUREAU OF INVESTIGATION.— ons,’’; and safesites. (13) INTERAGENCY CRIME AND DRUG ENFORCE- For the Federal Bureau of Investigation: (2) in subsection (b), by striking ‘‘Director $5,991,686,000, which shall include not to ex- of the Bureau of Prisons’’ and inserting ‘‘At- MENT.—For Interagency Crime and Drug En- forcement: $661,940,000 for expenses not oth- ceed $70,000 to meet unforeseen emergencies torney General, the Director of the Bureau of a confidential character. of Prisons,’’. erwise provided for, for the investigation and (8) UNITED STATES MARSHALS SERVICE.—For (b) CONFORMING AMENDMENTS.—Sub- prosecution of persons involved in organized the United States Marshals Service: sections (b) and (c)(1)(A) of section 3142 of crime drug trafficking, except that any funds $832,265,000. title 18, United States Code, are each amend- obligated from appropriations authorized by (9) FEDERAL PRISON SYSTEM.—For the Fed- ed by inserting ‘‘and subject to the condition this paragraph may be used under authori- eral Prison System, including the National that the person cooperate in the collection of ties available to the organizations reim- Institute of Corrections: $5,268,391,000. a DNA sample from the person if the collec- bursed from such funds. (10) DRUG ENFORCEMENT ADMINISTRATION.— tion of such a sample is authorized pursuant (14) FOREIGN CLAIMS SETTLEMENT COMMIS- SION.—For the Foreign Claims Settlement For the Drug Enforcement Administration: to section 3 of the DNA Analysis Backlog Commission: $1,270,000. $1,784,820,000, which shall include not to ex- Elimination Act of 2000 (42 U.S.C. 14135a)’’ (15) COMMUNITY RELATIONS SERVICE.—For ceed $70,000 to meet unforeseen emergencies after ‘‘period of release’’. the Community Relations Service: $9,759,000. of a confidential character. SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS (16) ASSETS FORFEITURE FUND.—For the As- (11) BUREAU OF ALCOHOL, TOBACCO, FIRE- FOR SEXUAL-ABUSE OFFENSES. sets Forfeiture Fund: $21,468,000 for expenses ARMS AND EXPLOSIVES.—For the Bureau of Section 3297 of title 18, United States Code, authorized by section 524 of title 28, United Alcohol, Tobacco, Firearms and Explosives: is amended by striking ‘‘except for a felony States Code. $960,558,000. offense under chapter 109A,’’. (17) UNITED STATES PAROLE COMMISSION.— (12) FEES AND EXPENSES OF WITNESSES.—For TITLE XI—DEPARTMENT OF JUSTICE For the United States Parole Commission: Fees and Expenses of Witnesses: $188,382,000, REAUTHORIZATION $11,300,000. which shall include not to exceed $8,000,000 Subtitle A—AUTHORIZATION OF (18) FEDERAL DETENTION TRUSTEE.—For the for construction of protected witness APPROPRIATIONS necessary expenses of the Federal Detention safesites. SEC. 1101. AUTHORIZATION OF APPROPRIATIONS Trustee: $1,222,000,000. (13) INTERAGENCY CRIME AND DRUG ENFORCE- FOR FISCAL YEAR 2006. (19) JUSTICE INFORMATION SHARING TECH- MENT.—For Interagency Crime and Drug En- There are authorized to be appropriated for NOLOGY.—For necessary expenses for infor- forcement: $688,418,000, for expenses not oth- fiscal year 2006, to carry out the activities of mation sharing technology, including plan- erwise provided for, for the investigation and the Department of Justice (including any bu- ning, development, and deployment: prosecution of persons involved in organized reau, office, board, division, commission, $181,490,000. crime drug trafficking, except that any funds subdivision, unit, or other component there- (20) NARROW BAND COMMUNICATIONS.—For obligated from appropriations authorized by of), the following sums: the costs of conversion to narrowband com- this paragraph may be used under authori- (1) GENERAL ADMINISTRATION.—For General munications, including the cost for oper- ties available to the organizations reim- Administration: $161,407,000. ation and maintenance of Land Mobile Radio bursed from such funds. (2) ADMINISTRATIVE REVIEW AND APPEALS.— legacy systems: $128,701,000. (14) FOREIGN CLAIMS SETTLEMENT COMMIS- For Administrative Review and Appeals: (21) ADMINISTRATIVE EXPENSES FOR CERTAIN SION.—For the Foreign Claims Settlement $216,286,000 for administration of clemency ACTIVITIES.—For the administrative expenses Commission: $1,321,000. petitions and for immigration-related activi- of the Office of Justice Programs, the Office (15) COMMUNITY RELATIONS SERVICE.—For ties. on Violence Against Women, and Office of the Community Relations Service: (3) OFFICE OF INSPECTOR GENERAL.—For the Community Oriented Policing Services: $10,149,000. Office of Inspector General: $72,828,000, which (A) $121,105,000 for the Office of Justice (16) ASSETS FORFEITURE FUND.—For the As- shall include not to exceed $10,000 to meet Programs. sets Forfeiture Fund: $22,000,000 for expenses unforeseen emergencies of a confidential (B) $14,172,000 for the Office on Violence authorized by section 524 of title 28, United character. Against Women. States Code.

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00223 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 S13912 CONGRESSIONAL RECORD — SENATE December 16, 2005

(17) UNITED STATES PAROLE COMMISSION.— which shall include not to exceed $8,000,000 (6) UNITED STATES ATTORNEYS.—For United For the United States Parole Commission: for construction of protected witness States Attorneys: $1,829,194,000. $11,752,000. safesites. (7) FEDERAL BUREAU OF INVESTIGATION.— (18) FEDERAL DETENTION TRUSTEE.—For the (13) INTERAGENCY CRIME AND DRUG ENFORCE- For the Federal Bureau of Investigation: necessary expenses of the Federal Detention MENT.—For Interagency Crime and Drug En- $6,480,608,000, which shall include not to ex- Trustee: $1,405,300,000. forcement: $715,955,000, for expenses not oth- ceed $70,000 to meet unforeseen emergencies (19) JUSTICE INFORMATION SHARING TECH- erwise provided for, for the investigation and of a confidential character. NOLOGY.—For necessary expenses for infor- prosecution of persons involved in organized (8) UNITED STATES MARSHALS SERVICE.—For mation sharing technology, including plan- crime drug trafficking, except that any funds the United States Marshals Service: ning, development, and deployment: obligated from appropriations authorized by $900,178,000. $188,750,000. this paragraph may be used under authori- (9) FEDERAL PRISON SYSTEM.—For the Fed- (20) NARROWBAND COMMUNICATIONS.—For ties available to the organizations reim- eral Prison System, including the National the costs of conversion to narrowband com- bursed from such funds. Institute of Corrections: $5,698,292,000. munications, including the cost for oper- (14) FOREIGN CLAIMS SETTLEMENT COMMIS- (10) DRUG ENFORCEMENT ADMINISTRATION.— ation and maintenance of Land Mobile Radio SION.—For the Foreign Claims Settlement For the Drug Enforcement Administration: legacy systems: $133,849,000. Commission: $1,374,000. $1,930,462,000, which shall include not to ex- (21) ADMINISTRATIVE EXPENSES FOR CERTAIN (15) COMMUNITY RELATIONS SERVICE.—For ceed $70,000 to meet unforeseen emergencies ACTIVITIES.—For the administrative expenses the Community Relations Service: of a confidential character. of the Office of Justice Programs, the Office $10,555,000. (11) BUREAU OF ALCOHOL, TOBACCO, FIRE- on Violence Against Women, and the Office (16) ASSETS FORFEITURE FUND.—For the As- ARMS AND EXPLOSIVES.—For the Bureau of of Community Oriented Policing Services: sets Forfeiture Fund: $22,000,000 for expenses Alcohol, Tobacco, Firearms and Explosives: (A) $125,949,000 for the Office of Justice authorized by section 524 of title 28, United $1,038,939,000. Programs. States Code. (12) FEES AND EXPENSES OF WITNESSES.—For (B) $15,600,000 for the Office on Violence (17) UNITED STATES PAROLE COMMISSION.— Fees and Expenses of Witnesses: $203,755,000, Against Women. For the United States Parole Commission: which shall include not to exceed $8,000,000 (C) $32,597,000 for the Office of Community $12,222,000. for construction of protected witness Oriented Policing Services. (18) FEDERAL DETENTION TRUSTEE.—For the safesites. SEC. 1103. AUTHORIZATION OF APPROPRIATIONS necessary expenses of the Federal Detention (13) INTERAGENCY CRIME AND DRUG ENFORCE- FOR FISCAL YEAR 2008. Trustee: $1,616,095,000. MENT.—For Interagency Crime and Drug En- There are authorized to be appropriated for (19) JUSTICE INFORMATION SHARING TECH- forcement: $744,593,000, for expenses not oth- fiscal year 2008, to carry out the activities of erwise provided for, for the investigation and NOLOGY.—For necessary expenses for infor- the Department of Justice (including any bu- mation sharing technology, including plan- prosecution of persons involved in organized reau, office, board, division, commission, ning, development, and deployment: crime drug trafficking, except that any funds subdivision, unit, or other component there- $196,300,000. obligated from appropriations authorized by of), the following sums: this paragraph may be used under authori- (20) NARROWBAND COMMUNICATIONS.—For (1) GENERAL ADMINISTRATION.—For General the costs of conversion to narrowband com- ties available to the organizations reim- Administration: $174,578,000. bursed from such funds. munications, including the cost for oper- (2) ADMINISTRATIVE REVIEW AND APPEALS.— (14) FOREIGN CLAIMS SETTLEMENT COMMIS- ation and maintenance of Land Mobile Radio For Administrative Review and Appeals: SION.—For the Foreign Claims Settlement legacy systems: $139,203,000. $233,934,000 for administration of clemency Commission: $1,429,000. (21) ADMINISTRATIVE EXPENSES FOR CERTAIN petitions and for immigration-related activi- (15) COMMUNITY RELATIONS SERVICE.—For ACTIVITIES.—For the administrative expenses ties. the Community Relations Service: of the Office of Justice Programs, the Office (3) OFFICE OF INSPECTOR GENERAL.—For the $10,977,000. on Violence Against Women, and the Office Office of Inspector General: $78,771,000, which (16) ASSETS FORFEITURE FUND.—For the As- of Community Oriented Policing Services: shall include not to exceed $10,000 to meet sets Forfeiture Fund: $22,000,000 for expenses (A) $130,987,000 for the Office of Justice unforeseen emergencies of a confidential authorized by section 524 of title 28, United Programs. character. States Code. (B) $16,224,000 for the Office on Violence (4) GENERAL LEGAL ACTIVITIES.—For Gen- (17) UNITED STATES PAROLE COMMISSION.— Against Women. eral Legal Activities: $735,121,000, which shall For the United States Parole Commission: (C) $33,901,000 for the Office of Community include— $12,711,000. Oriented Policing Services. (A) not less than $4,000,000 for the inves- (18) FEDERAL DETENTION TRUSTEE.—For the tigation and prosecution of denaturalization SEC. 1104. AUTHORIZATION OF APPROPRIATIONS necessary expenses of the Federal Detention and deportation cases involving alleged Nazi FOR FISCAL YEAR 2009. Trustee: $1,858,509,000. war criminals; There are authorized to be appropriated for (19) JUSTICE INFORMATION SHARING TECH- (B) not less than $16,224,000 for the inves- fiscal year 2009, to carry out the activities of NOLOGY.—For necessary expenses for infor- tigation and prosecution of violations of the Department of Justice (including any bu- mation sharing technology, including plan- title 17 of the United States Code; reau, office, board, division, commission, ning, development, and deployment: (C) not to exceed $20,000 to meet unforeseen subdivision, unit, or other component there- $204,152,000. emergencies of a confidential character; and of), the following sums: (20) NARROWBAND COMMUNICATIONS.—For (D) $5,000,000 for the investigation and (1) GENERAL ADMINISTRATION.—For General the costs of conversion to narrowband com- prosecution of violations of chapter 77 of Administration: $181,561,000. munications, including the cost for oper- title 18 of the United States Code. (2) ADMINISTRATIVE REVIEW AND APPEALS.— ation and maintenance of Land Mobile Radio (5) ANTITRUST DIVISION.—For the Antitrust For Administrative Review and Appeals: legacy systems: $144,771,000. Division: $156,238,000. $243,291,000 for administration of pardon and (21) ADMINISTRATIVE EXPENSES FOR CERTAIN (6) UNITED STATES ATTORNEYS.—For United clemency petitions and for immigration-re- ACTIVITIES.—For the administrative expenses States Attorneys: $1,758,840,000. lated activities. of the Office of Justice Programs, the Office (7) FEDERAL BUREAU OF INVESTIGATION.— (3) OFFICE OF INSPECTOR GENERAL.—For the on Violence Against Women, and the Office For the Federal Bureau of Investigation: Office of Inspector General: $81,922,000, which of Community Oriented Policing Services: $6,231,354,000, which shall include not to ex- shall include not to exceed $10,000 to meet (A) $132,226,000 for the Office of Justice ceed $70,000 to meet unforeseen emergencies unforeseen emergencies of a confidential Programs. of a confidential character. character. (B) $16,837,000 for the Office on Violence (8) UNITED STATES MARSHALS SERVICE.—For (4) GENERAL LEGAL ACTIVITIES.—For Gen- Against Women. the United States Marshals Service: eral Legal Activities: $764,526,000, which shall (C) $35,257,000 for the Office of Community $865,556,000. include— Oriented Policing Services. (9) FEDERAL PRISON SYSTEM.—For the Fed- (A) not less than $4,000,000 for the inves- SEC. 1105. ORGANIZED RETAIL THEFT. eral Prison System, including the National tigation and prosecution of denaturalization (a) NATIONAL DATA.—(1) The Attorney Gen- Institute of Corrections: $5,479,127,000. and deportation cases involving alleged Nazi eral and the Federal Bureau of Investigation, (10) DRUG ENFORCEMENT ADMINISTRATION.— war criminals; in consultation with the retail community, For the Drug Enforcement Administration: (B) not less than $16,872,000 for the inves- shall establish a task force to combat orga- $1,856,213,000, which shall include not to ex- tigation and prosecution of violations of nized retail theft and provide expertise to ceed $70,000 to meet unforeseen emergencies title 17 of the United States Code; the retail community for the establishment of a confidential character. (C) not to exceed $20,000 to meet unforeseen of a national database or clearinghouse (11) BUREAU OF ALCOHOL, TOBACCO, FIRE- emergencies of a confidential character; and housed and maintained in the private sector ARMS AND EXPLOSIVES.—For the Bureau of (D) $5,000,000 for the investigation and to track and identify where organized retail Alcohol, Tobacco, Firearms and Explosives: prosecution of violations of chapter 77 of theft type crimes are being committed in the $998,980,000. title 18 of the United States Code. United Sates. The national database shall (12) FEES AND EXPENSES OF WITNESSES.—For (5) ANTITRUST DIVISION.—For the Antitrust allow Federal, State, and local law enforce- Fees and Expenses of Witnesses: $195,918,000, Division: $162,488,000. ment officials as well as authorized retail

VerDate Aug 31 2005 05:54 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00224 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13913 companies (and authorized associated retail Bureau of Investigation to collect, analyze, ‘‘SEC. 501. DESCRIPTION. databases) to transmit information into the and disseminate gang activity information ‘‘(a) GRANTS AUTHORIZED.— database electronically and to review infor- from— ‘‘(1) IN GENERAL.—From amounts made mation that has been submitted electroni- (1) the Federal Bureau of Investigation; available to carry out this subpart, the At- cally. (2) the Bureau of Alcohol, Tobacco, Fire- torney General may, in accordance with the (2) The Attorney General shall make avail- arms, and Explosives; formula established under section 505, make able funds to provide for the ongoing admin- (3) the Drug Enforcement Administration; grants to States and units of local govern- istrative and technological costs to federal (4) the Bureau of Prisons; ment, for use by the State or unit of local law enforcement agencies participating in (5) the United States Marshals Service; government to provide additional personnel, the database project. (6) the Directorate of Border and Transpor- equipment, supplies, contractual support, (3) The Attorney General through the Bu- tation Security of the Department of Home- training, technical assistance, and informa- reau of Justice Assistance in the Office of land Security; tion systems for criminal justice, including Justice may make grants to help provide for (7) the Department of Housing and Urban for any one or more of the following pro- the administrative and technological costs Development; grams: to State and local law enforcement agencies (8) State and local law enforcement; ‘‘(A) Law enforcement programs. participating in the data base project. (9) Federal, State, and local prosecutors; ‘‘(B) Prosecution and court programs. (b) AUTHORIZATION OF APPROPRIATIONS.— (10) Federal, State, and local probation and ‘‘(C) Prevention and education programs. There is authorized to be appropriated for parole offices; ‘‘(D) Corrections and community correc- each of fiscal years 2006 through 2009, (11) Federal, State, and local prisons and tions programs. $5,000,000 for educating and training federal jails; and ‘‘(E) Drug treatment and enforcement pro- law enforcement regarding organized retail (12) any other entity as appropriate. grams. theft, for investigating, apprehending and (b) INFORMATION.—The Center established ‘‘(F) Planning, evaluation, and technology prosecuting individuals engaged in organized under subsection (a) shall make available improvement programs. retail theft, and for working with the private the information referred to in subsection (a) ‘‘(G) Crime victim and witness programs sector to establish and utilize the database to— (other than compensation). described in subsection (a). (1) Federal, State, and local law enforce- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) (c) DEFINITION OF ORGANIZED RETAIL ment agencies; shall be construed to ensure that a grant THEFT.—For purposes of this section, ‘‘orga- (2) Federal, State, and local corrections under that paragraph may be used for any nized retail theft’’ means— agencies and penal institutions; purpose for which a grant was authorized to (1) the violation of a State prohibition on (3) Federal, State, and local prosecutorial be used under either or both of the programs retail merchandise theft or shoplifting, if the agencies; and specified in section 500(b), as those programs violation consists of the theft of quantities (4) any other entity as appropriate. were in effect immediately before the enact- of items that would not normally be pur- (c) ANNUAL REPORT.—The Center estab- ment of this paragraph. chased for personal use or consumption and lished under subsection (a) shall annually ‘‘(b) CONTRACTS AND SUBAWARDS.—A State for the purpose of reselling the items or for submit to Congress a report on gang activ- or unit of local government may, in using a reentering the items into commerce; ity. grant under this subpart for purposes author- (2) the receipt, possession, concealment, (d) AUTHORIZATION OF APPROPRIATIONS.— ized by subsection (a), use all or a portion of bartering, sale, transport, or disposal of any There are authorized to be appropriated to that grant to contract with or make one or property that is know or should be known to carry out this section $10,000,000 for fiscal more subawards to one or more— have been taken in violation of paragraph year 2006 and for each fiscal year thereafter. ‘‘(1) neighborhood or community-based or- (1); or Subtitle B—IMPROVING THE DEPARTMENT ganizations that are private and nonprofit; (3) the coordination, organization, or re- OF JUSTICE’S GRANT PROGRAMS ‘‘(2) units of local government; or cruitment of persons to undertake the con- CHAPTER 1—ASSISTING LAW ENFORCE- ‘‘(3) tribal governments. duct described in paragraph (1) or (2). MENT AND CRIMINAL JUSTICE AGEN- ‘‘(c) PROGRAM ASSESSMENT COMPONENT; CIES WAIVER.— SEC. 1106. UNITED STATES-MEXICO BORDER VIO- ‘‘(1) Each program funded under this sub- LENCE TASK FORCE. SEC. 1111. MERGER OF BYRNE GRANT PROGRAM part shall contain a program assessment (a) TASK FORCE.—(1) The Attorney General AND LOCAL LAW ENFORCEMENT component, developed pursuant to guidelines shall establish the United States-Mexico BLOCK GRANT PROGRAM. established by the Attorney General, in co- Border Violence Task Force in Laredo, (a) IN GENERAL.—Part E of title I of the ordination with the National Institute of Texas, to combat drug and firearms traf- Omnibus Crime Control and Safe Streets Act Justice. ficking, violence, and kidnapping along the of 1968 is amended as follows: ‘‘(2) The Attorney General may waive the border between the United States and Mex- (1) Subpart 1 of such part (42 U.S.C. 3751– requirement of paragraph (1) with respect to ico and to provide expertise to the law en- 3759) is repealed. a program if, in the opinion of the Attorney forcement and homeland security agencies (2) Such part is further amended— General, the program is not of sufficient size along the border between the United States (A) by inserting before section 500 (42 to justify a full program assessment. and Mexico. The Task Force shall include U.S.C. 3750) the following new heading: ‘‘(d) PROHIBITED USES.—Notwithstanding personnel from the Bureau of Alcohol, To- ‘‘Subpart 1—Edward Byrne Memorial Justice any other provision of this Act, no funds pro- bacco, Firearms, and Explosives, Immigra- Assistance Grant Program’’; vided under this subpart may be used, dition and Customs Enforcement, the Drug En- (B) by amending section 500 to read as fol- rectly or indirectly, to provide any of the forcement Administration, Customs and Bor- lows: following matters: der Protection, other Federal agencies (as ‘‘SEC. 500. NAME OF PROGRAM. ‘‘(1) Any security enhancements or any appropriate), the Texas Department of Pub- ‘‘(a) IN GENERAL.—The grant program es- equipment to any nongovernmental entity lic Safety, and local law enforcement agen- tablished under this subpart shall be known that is not engaged in criminal justice or cies. as the ‘Edward Byrne Memorial Justice As- public safety. (2) The Attorney General shall make avail- sistance Grant Program’. ‘‘(2) Unless the Attorney General certifies able funds to provide for the ongoing admin- ‘‘(b) REFERENCES TO FORMER PROGRAMS.— that extraordinary and exigent cir- istrative and technological costs to Federal, (1) Any reference in a law, regulation, docu- cumstances exist that make the use of such State, and local law enforcement agencies ment, paper, or other record of the United funds to provide such matters essential to participating in the Task Force. States to the Edward Byrne Memorial State the maintenance of public safety and good (b) AUTHORIZATION OF APPROPRIATIONS.— and Local Law Enforcement Assistance Pro- order— There are authorized to be appropriated grams, or to the Local Government Law En- ‘‘(A) vehicles (excluding police cruisers), $10,000,000 for each of the fiscal years 2006 forcement Block Grants program, shall be vessels (excluding police boats), or aircraft through 2009, for— deemed to be a reference to the grant pro- (excluding police helicopters); (1) the establishment and operation of the gram referred to in subsection (a). ‘‘(B) luxury items; United States-Mexico Border Violence Task ‘‘(2) Any reference in a law, regulation, ‘‘(C) real estate; Force; and document, paper, or other record of the ‘‘(D) construction projects (other than (2) the investigation, apprehension, and United States to section 506 of this Act as penal or correctional institutions); or prosecution of individuals engaged in drug such section was in effect on the date of the ‘‘(E) any similar matters. and firearms trafficking, violence, and kid- enactment of the Department of Justice Ap- ‘‘(e) ADMINISTRATIVE COSTS.—Not more napping along the border between the United propriations Authorization Act, Fiscal Years than 10 percent of a grant made under this States and Mexico. 2006 through 2009, shall be deemed to be a ref- subpart may be used for costs incurred to ad- SEC. 1107. NATIONAL GANG INTELLIGENCE CEN- erence to section 505(a) of this Act as amend- minister such grant. TER. ed by the Department of Justice Appropria- ‘‘(f) PERIOD.—The period of a grant made (a) ESTABLISHMENT.—The Attorney General tions Authorization Act, Fiscal Years 2006 under this subpart shall be four years, except shall establish a National Gang Intelligence through 2009.’’; and that renewals and extensions beyond that pe- Center and gang information database to be (C) by inserting after section 500 the fol- riod may be granted at the discretion of the housed at and administered by the Federal lowing new sections: Attorney General.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00225 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.210 S16DEPT1 S13914 CONGRESSIONAL RECORD — SENATE December 16, 2005

‘‘(g) RULE OF CONSTRUCTION.—Subpara- ‘‘(A) 50 percent of such remaining amount under the Local Government Law Enforce- graph (d)(1) shall not be construed to pro- to each State in amounts that bear the same ment Block Grants program in effect imme- hibit the use, directly or indirectly, of funds ratio of— diately before the date of the enactment of provided under this subpart to provide secu- ‘‘(i) the total population of a State to— this section, the reserved amount was allo- rity at a public event, such as a political ‘‘(ii) the total population of the United cated among reporting and nonreporting convention or major sports event, so long as States; and units of local government. such security is provided under applicable ‘‘(B) 50 percent of such remaining amount ‘‘(3) ANNEXED UNITS.—If a unit of local gov- laws and procedures. to each State in amounts that bear the same ernment in the State has been annexed since ‘‘SEC. 502. APPLICATIONS. ratio of— the date of the collection of the data used by ‘‘To request a grant under this subpart, the ‘‘(i) the average annual number of part 1 the Attorney General in making allocations violent crimes of the Uniform Crime Reports chief executive officer of a State or unit of pursuant to this section, the Attorney Gen- of the Federal Bureau of Investigation re- local government shall submit an applica- eral shall pay the amount that would have ported by such State for the three most re- tion to the Attorney General within 90 days been allocated to such unit of local govern- cent years reported by such State to— after the date on which funds to carry out ment to the unit of local government that ‘‘(ii) the average annual number of such this subpart are appropriated for a fiscal annexed it. crimes reported by all States for such years. year, in such form as the Attorney General ‘‘(4) RESOLUTION OF DISPARATE ALLOCA- ‘‘(2) MINIMUM ALLOCATION.—If carrying out may require. Such application shall include TIONS.—(A) Notwithstanding any other provi- paragraph (1) would result in any State re- the following: sion of this subpart, if— ceiving an allocation less than 0.25 percent of ‘‘(1) A certification that Federal funds ‘‘(i) the Attorney General certifies that a the total amount (in this paragraph referred unit of local government bears more than 50 made available under this subpart will not be to as a ‘minimum allocation State’), then used to supplant State or local funds, but percent of the costs of prosecution or incar- paragraph (1), as so carried out, shall not ceration that arise with respect to part 1 vio- will be used to increase the amounts of such apply, and the Attorney General shall in- funds that would, in the absence of Federal lent crimes reported by a specified geo- stead— graphically constituent unit of local govern- funds, be made available for law enforcement ‘‘(A) allocate 0.25 percent of the total activities. ment; and amount to each State; and ‘‘(ii) but for this paragraph, the amount of ‘‘(2) An assurance that, not fewer than 30 ‘‘(B) using the amount remaining after car- days before the application (or any amend- funds allocated under this section to— rying out subparagraph (A), carry out para- ‘‘(I) any one such specified geographically ment to the application) was submitted to graph (1) in a manner that excludes each the Attorney General, the application (or constituent unit of local government exceeds minimum allocation State, including the 150 percent of the amount allocated to the amendment) was submitted for review to the population of and the crimes reported by governing body of the State or unit of local unit of local government certified pursuant such State. to clause (i); or government (or to an organization des- ‘‘(b) ALLOCATION BETWEEN STATES AND ‘‘(II) more than one such specified geo- ignated by that governing body). UNITS OF LOCAL GOVERNMENT.—Of the graphically constituent unit of local govern- ‘‘(3) An assurance that, before the applica- amounts allocated under subsection (a)— ment exceeds 400 percent of the amount allo- tion (or any amendment to the application) ‘‘(1) 60 percent shall be for direct grants to cated to the unit of local government cer- was submitted to the Attorney General— States, to be allocated under subsection (c); tified pursuant to clause (i), ‘‘(A) the application (or amendment) was and made public; and ‘‘(2) 40 percent shall be for grants to be al- then in order to qualify for payment under ‘‘(B) an opportunity to comment on the ap- located under subsection (d). this subsection, the unit of local government plication (or amendment) was provided to ‘‘(c) ALLOCATION FOR STATE GOVERN- certified pursuant to clause (i), together citizens and to neighborhood or community- MENTS.— with any such specified geographically con- based organizations, to the extent applicable ‘‘(1) IN GENERAL.—Of the amounts allocated stituent units of local government described law or established procedure makes such an under subsection (b)(1), each State may re- in clause (ii), shall submit to the Attorney opportunity available. tain for the purposes described in section 501 General a joint application for the aggregate ‘‘(4) An assurance that, for each fiscal year an amount that bears the same ratio of— of funds allocated to such units of local gov- covered by an application, the applicant ‘‘(A) total expenditures on criminal justice ernment. Such application shall specify the shall maintain and report such data, records, by the State government in the most re- amount of such funds that are to be distrib- and information (programmatic and finan- cently completed fiscal year to— uted to each of the units of local government cial) as the Attorney General may reason- ‘‘(B) the total expenditure on criminal jus- and the purposes for which such funds are to ably require. tice by the State government and units of be used. The units of local government in- ‘‘(5) A certification, made in a form accept- local government within the State in such volved may establish a joint local advisory able to the Attorney General and executed year. board for the purposes of carrying out this by the chief executive officer of the appli- ‘‘(2) REMAINING AMOUNTS.—Except as pro- paragraph. cant (or by another officer of the applicant, vided in subsection (e)(1), any amounts re- ‘‘(B) In this paragraph, the term ‘geo- if qualified under regulations promulgated maining after the allocation required by graphically constituent unit of local govern- by the Attorney General), that— paragraph (1) shall be made available to ment’ means a unit of local government that ‘‘(A) the programs to be funded by the units of local government by the State for has jurisdiction over areas located within grant meet all the requirements of this sub- the purposes described in section 501. the boundaries of an area over which a unit part; ‘‘(d) ALLOCATIONS TO LOCAL GOVERN- of local government certified pursuant to ‘‘(B) all the information contained in the MENTS.— clause (i) has jurisdiction. application is correct; ‘‘(1) IN GENERAL.—Of the amounts allocated ‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS ‘‘(C) there has been appropriate coordina- under subsection (b)(2), grants for the pur- OF LOCAL GOVERNMENT.— tion with affected agencies; and poses described in section 501 shall be made ‘‘(1) MAXIMUM ALLOCATION.—No unit of ‘‘(D) the applicant will comply with all directly to units of local government within local government shall receive a total allo- provisions of this subpart and all other appli- each State in accordance with this sub- cation under this section that exceeds such cable Federal laws. section, subject to subsection (e). unit’s total expenditures on criminal justice ‘‘SEC. 503. REVIEW OF APPLICATIONS. ‘‘(2) ALLOCATION.— services for the most recently completed fis- ‘‘The Attorney General shall not finally ‘‘(A) IN GENERAL.—From the amounts re- cal year for which data are available. Any disapprove any application (or any amend- ferred to in paragraph (1) with respect to a amount in excess of such total expenditures ment to that application) submitted under State (in this subsection referred to as the shall be allocated proportionally among this subpart without first affording the ap- ‘local amount’), the Attorney General shall units of local government whose allocations plicant reasonable notice of any deficiencies allocate to each unit of local government an under this section do not exceed their total in the application and opportunity for cor- amount which bears the same ratio to such expenditures on such services. rection and reconsideration. share as the average annual number of part ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo- 1 violent crimes reported by such unit to the cation under this section to a unit of local ‘‘SEC. 504. RULES. Federal Bureau of Investigation for the 3 government is less than $10,000 for any fiscal ‘‘The Attorney General shall issue rules to most recent calendar years for which such year, the direct grant to the State under sub- carry out this subpart. The first such rules data is available bears to the number of part section (c) shall be increased by the amount shall be issued not later than one year after 1 violent crimes reported by all units of local of such allocation, to be distributed (for the the date on which amounts are first made government in the State in which the unit is purposes described in section 501) among available to carry out this subpart. located to the Federal Bureau of Investiga- State police departments that provide crimi- ‘‘SEC. 505. FORMULA. tion for such years. nal justice services to units of local govern- ‘‘(a) ALLOCATION AMONG STATES.— ‘‘(B) TRANSITIONAL RULE.—Notwith- ment and units of local government whose ‘‘(1) IN GENERAL.—Of the total amount ap- standing subparagraph (A), for fiscal years allocation under this section is less than propriated for this subpart, the Attorney 2006, 2007, and 2008, the Attorney General $10,000. General shall, except as provided in para- shall allocate the local amount to units of ‘‘(3) NON-REPORTING UNITS.—No allocation graph (2), allocate— local government in the same manner that, under this section shall be made to a unit of

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00226 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.211 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13915 local government that has not reported at unexpended portion to the Attorney General to section 502 of this title. Such report shall least three years of data on part 1 violent not later than 3 months after the date on include details identifying each applicant crimes of the Uniform Crime Reports to the which the grant period expires. that used any funds to purchase any cruiser, Federal Bureau of Investigation within the ‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a boat, or helicopter and, with respect to such immediately preceding 10 years. State or unit of local government fails to applicant, specifying both the amount of ‘‘(f) FUNDS NOT USED BY THE STATE.—If the comply with paragraphs (1) and (2), the At- funds used by such applicant for each pur- Attorney General determines, on the basis of torney General shall reduce amounts to be chase of any cruiser, boat, or helicopter and information available during any grant pe- provided to that State or unit of local gov- a justification of each such purchase (and riod, that any allocation (or portion thereof) ernment accordingly. the Bureau of Justice Assistance shall sub- under this section to a State for such grant ‘‘(c) REPAID AMOUNTS.—Amounts received mit to the Committee of the Judiciary of the period will not be required, or that a State as repayments under this section shall be House of Representatives and the Committee will be unable to qualify or receive funds subject to section 108 of this title as if such of the Judiciary of the Senate, promptly under this subpart, or that a State chooses amounts had not been granted and repaid. after preparation of such report a written not to participate in the program established Such amounts shall be deposited in the copy of the portion of such report containing under this subpart, then such State’s alloca- Treasury in a dedicated fund for use by the the information required by this sentence).’’; tion (or portion thereof) shall be awarded by Attorney General to carry out this subpart. (E) in section 808 (42 U.S.C. 3789), by strik- the Attorney General to units of local gov- Such funds are hereby made available to ing ‘‘the State office described in section 507 ernment, or combinations thereof, within carry out this subpart. or 1408’’ and inserting ‘‘the State office re- such State, giving priority to those jurisdic- ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. sponsible for the trust fund required by sections with the highest annual number of part ‘‘There is authorized to be appropriated to tion 507, or the State office described in sec- 1 violent crimes of the Uniform Crime Re- carry out this subpart $1,095,000,000 for fiscal tion 1408,’’; ports reported by the unit of local govern- year 2006 and such sums as may be necessary (F) in section 901 (42 U.S.C. 3791), in sub- ment to the Federal Bureau of Investigation for each of fiscal years 2007 through 2009.’’. section (a)(2), by striking ‘‘for the purposes of section 506(a)’’ and inserting ‘‘for the pur- for the three most recent calendar years for (b) REPEALS OF CERTAIN AUTHORITIES RE- poses of section 505(a)’’; which such data are available. LATING TO BYRNE GRANTS.— (G) in section 1502 (42 U.S.C. 3796bb–1)— ‘‘(g) SPECIAL RULES FOR PUERTO RICO.— (1) DISCRETIONARY GRANTS TO PUBLIC AND (i) in paragraph (1), by striking ‘‘section ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON- PRIVATE ENTITIES.—Chapter A of subpart 2 of WEALTH GOVERNMENT.—Notwithstanding any Part E of title I of the Omnibus Crime Con- 506(a)’’ and inserting ‘‘section 505(a)’’; other provision of this subpart, the amounts trol and Safe Streets Act of 1968 (42 U.S.C. (ii) in paragraph (2)— allocated under subsection (a) to Puerto 3760–3762) is repealed. (I) by striking ‘‘section 503(a)’’ and inserting ‘‘section 502’’; and Rico, 100 percent shall be for direct grants to (2) TARGETED GRANTS TO CURB MOTOR VEHI- (II) by striking ‘‘section 506’’ and inserting the Commonwealth government of Puerto CLE THEFT.—Subtitle B of title I of the Anti Rico. Car Theft Act of 1992 (42 U.S.C. 3750a–3750d) is ‘‘section 505’’; ‘‘(2) NO LOCAL ALLOCATIONS.—Subsections repealed. (H) in section 1602 (42 U.S.C. 3796cc–1), in subsection (b), by striking ‘‘The office des- (c) and (d) shall not apply to Puerto Rico. (c) CONFORMING AMENDMENTS.— NITS OF OCAL OVERNMENT IN OU ignated under section 507 of title I’’ and in- ‘‘(h) U L G L - (1) CRIME IDENTIFICATION TECHNOLOGY ISIANA serting ‘‘The office responsible for the trust .—In carrying out this section with re- ACT.—Subsection (c)(2)(G) of section 102 of spect to the State of Louisiana, the term the Crime Identification Technology Act of fund required by section 507’’; ‘unit of local government’ means a district 1998 (42 U.S.C. 14601) is amended by striking (I) in section 1702 (42 U.S.C. 3796dd–1), in attorney or a parish sheriff. ‘‘such as’’ and all that follows through ‘‘the subsection (c)(1), by striking ‘‘and reflects ‘‘SEC. 506. RESERVED FUNDS. M.O.R.E. program’’ and inserting ‘‘such as consideration of the statewide strategy ‘‘(a) Of the total amount made available to the Edward Byrne Justice Assistance Grant under section 503(a)(1)’’; and carry out this subpart for a fiscal year, the Program and the M.O.R.E. program’’. (J) in section 1902 (42 U.S.C. 3796ff–1), in subsection (e), by striking ‘‘The Office des- Attorney General shall reserve not more (2) SAFE STREETS ACT.—Title I of the Omni- than— bus Crime Control and Safe Streets Act of ignated under section 507’’ and inserting ‘‘(1) $20,000,000, for use by the National In- 1968 is amended— ‘‘The office responsible for the trust fund re- stitute of Justice in assisting units of local (A) in section 517 (42 U.S.C. 3763), in sub- quired by section 507’’. (d) APPLICABILITY.—The amendments made government to identify, select, develop, mod- section (a)(1), by striking ‘‘pursuant to sec- by this section shall apply with respect to ernize, and purchase new technologies for tion 511 or 515’’ and inserting ‘‘pursuant to the first fiscal year beginning after the date use by law enforcement, of which $1,000,000 section 515’’; shall be for use by the Bureau of Justice Sta- of the enactment of this Act and each fiscal (B) in section 520 (42 U.S.C. 3766)— year thereafter. tistics to collect data necessary for carrying (i) in subsection (a)(1), by striking ‘‘the out this subpart; and SEC. 1112. CLARIFICATION OF NUMBER OF RE- program evaluations as required by section CIPIENTS WHO MAY BE SELECTED ‘‘(2) $20,000,000, to be granted by the Attor- 501(c) of this part’’ and inserting ‘‘program IN A GIVEN YEAR TO RECEIVE PUB- ney General to States and units of local gov- evaluations’’; LIC SAFETY OFFICER MEDAL OF ernment to develop and implement (ii) in subsection (a)(2), by striking ‘‘eval- VALOR. antiterrorism training programs. uations of programs funded under section 506 Section 3(c) of the Public Safety Officer ‘‘(b) Of the total amount made available to (formula grants) and sections 511 and 515 Medal of Valor Act of 2001 (42 U.S.C. 15202(c)) carry out this subpart for a fiscal year, the (discretionary grants) of this part’’ and in- is amended by striking ‘‘more than 5 recipi- Attorney General may reserve not more than serting ‘‘evaluations of programs funded ents’’ and inserting ‘‘more than 5 individ- 5 percent, to be granted to 1 or more States under section 505 (formula grants) and sec- uals, or groups of individuals, as recipients’’. or units of local government, for 1 or more of tion 515 (discretionary grants) of this part’’; SEC. 1113. CLARIFICATION OF OFFICIAL TO BE the purposes specified in section 501, pursu- and CONSULTED BY ATTORNEY GEN- ant to his determination that the same is (iii) in subsection (b)(2), by striking ‘‘pro- ERAL IN CONSIDERING APPLICA- necessary— grams funded under section 506 (formula TION FOR EMERGENCY FEDERAL ‘‘(1) to combat, address, or otherwise re- LAW ENFORCEMENT ASSISTANCE. grants) and section 511 (discretionary Section 609M(b) of the Justice Assistance spond to precipitous or extraordinary in- grants)’’ and inserting ‘‘programs funded creases in crime, or in a type or types of Act of 1984 (42 U.S.C. 10501(b)) is amended by under section 505 (formula grants)’’; striking ‘‘the Director of the Office of Jus- crime; or (C) in section 522 (42 U.S.C. 3766b)— tice Assistance’’ and inserting ‘‘the Assist- ‘‘(2) to prevent, compensate for, or miti- (i) in subsection (a), in the matter pre- ant Attorney General for the Office of Jus- gate significant programmatic harm result- ceding paragraph (1), by striking ‘‘section tice Programs’’. ing from operation of the formula estab- 506’’ and inserting ‘‘section 505’’; and lished under section 505. SEC. 1114. CLARIFICATION OF USES FOR RE- (ii) in subsection (a)(1), by striking ‘‘an as- GIONAL INFORMATION SHARING ‘‘SEC. 507. INTEREST-BEARING TRUST FUNDS. sessment of the impact of such activities on SYSTEM GRANTS. ‘‘(a) TRUST FUND REQUIRED.—A State or meeting the needs identified in the State Section 1301(b) of the Omnibus Crime Con- unit of local government shall establish a strategy submitted under section 503’’ and trol and Safe Streets Act of 1968 (42 U.S.C. trust fund in which to deposit amounts re- inserting ‘‘an assessment of the impact of 3796h(b)), as most recently amended by sec- ceived under this subpart. such activities on meeting the purposes of tion 701 of the USA PATRIOT Act (Public ‘‘(b) EXPENDITURES.— subpart 1’’; Law 107–56; 115 Stat. 374), is amended— ‘‘(1) IN GENERAL.—Each amount received (D) in section 801(b) (42 U.S.C. 3782(b)), in (1) in paragraph (1), by inserting ‘‘re- under this subpart (including interest on the matter following paragraph (5)— gional’’ before ‘‘information sharing sys- such amount) shall be expended before the (i) by striking ‘‘the purposes of section 501 tems’’; date on which the grant period expires. of this title’’ and inserting ‘‘the purposes of (2) by amending paragraph (3) to read as ‘‘(2) REPAYMENT.—A State or unit of local such subpart 1’’; and follows: government that fails to expend an entire (ii) by striking ‘‘the application submitted ‘‘(3) establishing and maintaining a secure amount (including interest on such amount) pursuant to section 503 of this title.’’ and in- telecommunications system for regional in- as required by paragraph (1) shall repay the serting ‘‘the application submitted pursuant formation sharing between Federal, State,

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00227 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.211 S16DEPT1 S13916 CONGRESSIONAL RECORD — SENATE December 16, 2005 tribal, and local law enforcement agencies;’’; ‘‘SEC. 104. WEED AND SEED STRATEGIES. ently sustain the strategy (or, at a min- and ‘‘(a) IN GENERAL.—From amounts made imum, a majority of the best practices of the (3) by striking ‘‘(5)’’ at the end of para- available under section 103(c), the Director strategy) when assistance under this section graph (4). of the Office of Weed and Seed Strategies is no longer available. SEC. 1115. INTEGRITY AND ENHANCEMENT OF may implement strategies, to be known as ‘‘(d) APPLICATION.—An application for des- NATIONAL CRIMINAL RECORD DATA- Weed and Seed strategies, to prevent, con- ignation as a Weed-and-Seed community for BASES. trol, and reduce violent crime, criminal purposes of subsection (a) shall be submitted (a) DUTIES OF DIRECTOR.—Section 302 of the drug-related activity, and gang activity in to the Director by the steering committee of Omnibus Crime Control and Safe Streets Act designated Weed-and-Seed communities. the community in such form, and containing of 1968 (42 U.S.C. 3732) is amended— Each such strategy shall involve both of the such information and assurances, as the Di- (1) in subsection (b), by inserting after the following activities: rector may require. The application shall third sentence the following new sentence: ‘‘(1) WEEDING.—Activities, to be known as propose— ‘‘The Director shall be responsible for the in- Weeding activities, which shall include pro- ‘‘(1) a sustainable Weed and Seed strategy tegrity of data and statistics and shall promoting and coordinating a broad spectrum of that includes— tect against improper or illegal use or disclo- community efforts (especially those of law ‘‘(A) the active involvement of the United sure.’’; enforcement agencies and prosecutors) to ar- States Attorney for the District encom- (2) by amending paragraph (19) of sub- rest, and to sanction or incarcerate, persons passing the community, the Drug Enforce- section (c) to read as follows: in that community who participate or en- ment Administration’s special agent in ‘‘(19) provide for improvements in the ac- gage in violent crime, criminal drug-related charge for the jurisdiction encompassing the curacy, quality, timeliness, immediate ac- activity, and other crimes that threaten the community, and other Federal law enforce- cessibility, and integration of State criminal quality of life in that community. ment agencies operating in the vicinity; history and related records, support the de- ‘‘(2) SEEDING.—Activities, to be known as ‘‘(B) a significant community-oriented po- velopment and enhancement of national sys- Seeding activities, which shall include pro- licing component; and tems of criminal history and related records moting and coordinating a broad spectrum of ‘‘(C) demonstrated coordination with com- including the National Instant Criminal community efforts (such as drug abuse edu- plementary neighborhood and community- Background Check System, the National In- cation, mentoring, and employment coun- based programs and initiatives; and cident-Based Reporting System, and the seling) to provide— ‘‘(2) a methodology with outcome measures records of the National Crime Information ‘‘(A) human services, relating to preven- and specific objective indicia of performance Center, facilitate State participation in nation, intervention, or treatment, for at-risk to be used to evaluate the effectiveness of tional records and information systems, and individuals and families; and the strategy. support statistical research for critical anal- ‘‘(B) community revitalization efforts, in- ‘‘(e) GRANTS.— ysis of the improvement and utilization of cluding enforcement of building codes and ‘‘(1) IN GENERAL.—In implementing a strategy for a community under subsection (a), criminal history records;’’; and development of the economy. the Director may make grants to that com- (3) in subsection (d)— ‘‘(b) GUIDELINES.—The Director shall issue munity. (A) by striking ‘‘and’’ at the end of para- guidelines for the development and imple- ‘‘(2) USES.—For each grant under this sub- graph (4); mentation of Weed and Seed strategies under section, the community receiving that grant (B) by striking the period at the end of this section. The guidelines shall ensure that may not use any of the grant amounts for paragraph (5) and inserting ‘‘; and’’; and the Weed and Seed strategy for a community construction, except that the Assistant At- (C) by adding at the end the following: referred to in subsection (a) shall— torney General may authorize use of grant ‘‘(6) confer and cooperate with Federal sta- ‘‘(1) be planned and implemented through amounts for incidental or minor construc- tistical agencies as needed to carry out the and under the auspices of a steering com- tion, renovation, or remodeling. purposes of this part, including by entering mittee, properly established in the commu- ‘‘(3) LIMITATIONS.—A community may not into cooperative data sharing agreements in nity, comprised of— receive grants under this subsection (or fall conformity with all laws and regulations ap- ‘‘(A) in a voting capacity, representatives within such a community)— plicable to the disclosure and use of data.’’. of— ‘‘(A) for a period of more than 10 fiscal (b) USE OF DATA.—Section 304 of such Act ‘‘(i) appropriate law enforcement agencies; (42 U.S.C. 3735) is amended by striking ‘‘par- and years; ticular individual’’ and inserting ‘‘private ‘‘(ii) other public and private agencies, and ‘‘(B) for more than 5 separate fiscal years, person or public agency’’. neighborhood and community-based organi- except that the Assistant Attorney General (c) CONFIDENTIALITY OF INFORMATION.—Sec- zations, interested in criminal justice and may, in single increments and only upon a tion 812(a) of such Act (42 U.S.C. 3789g(a)) is community-based development and revital- showing of extraordinary circumstances, au- amended by striking ‘‘Except as provided by ization in the community; and thorize grants for not more than 3 additional Federal law other than this title, no’’ and in- ‘‘(B) in a voting capacity, both— separate fiscal years; or serting ‘‘No’’. ‘‘(i) the Drug Enforcement Administra- ‘‘(C) in an aggregate amount of more than SEC. 1116. EXTENSION OF MATCHING GRANT tion’s special agent in charge for the juris- $1,000,000, except that the Assistant Attorney PROGRAM FOR LAW ENFORCEMENT diction encompassing the community; and General may, upon a showing of extraor- ARMOR VESTS. ‘‘(ii) the United States Attorney for the dinary circumstances, authorize grants for Section 1001(a)(23) of title I of the Omnibus District encompassing the community; not more than an additional $500,000. Crime Control and Safe Streets Act of 1968 ‘‘(2) describe how law enforcement agen- ‘‘(4) DISTRIBUTION.—In making grants (42 U.S.C. 3793(a)(23)) is amended by striking cies, other public and private agencies, under this subsection, the Director shall en- ‘‘2007’’ and inserting ‘‘2009’’. neighborhood and community-based organi- sure that— CHAPTER 2—BUILDING COMMUNITY CA- zations, and interested citizens are to co- ‘‘(A) to the extent practicable, the dis- PACITY TO PREVENT, REDUCE, AND operate in implementing the strategy; and tribution of such grants is geographically eq- CONTROL CRIME ‘‘(3) incorporate a community-policing uitable and includes both urban and rural areas of varying population and area; and SEC. 1121. OFFICE OF WEED AND SEED STRATE- component that shall serve as a bridge be- GIES. tween the Weeding activities under sub- ‘‘(B) priority is given to communities that (a) IN GENERAL.—Part A of title I of the section (a)(1) and the Seeding activities clearly and effectively coordinate crime pre- Omnibus Crime Control and Safe Streets Act under subsection (a)(2). vention programs with other Federal proof 1968 is amended by inserting after section ‘‘(c) DESIGNATION.—For a community to be grams in a manner that addresses the overall 102 (42 U.S.C. 3712) the following new sec- designated as a Weed-and-Seed community needs of such communities. tions: for purposes of subsection (a)— ‘‘(5) FEDERAL SHARE.—(A) Subject to sub- ‘‘SEC. 103. OFFICE OF WEED AND SEED STRATE- ‘‘(1) the United States Attorney for the paragraph (B), the Federal share of a grant GIES. District encompassing the community must under this subsection may not exceed 75 per- ‘‘(a) ESTABLISHMENT.—There is established certify to the Director that— cent of the total costs of the projects de- within the Office an Office of Weed and Seed ‘‘(A) the community suffers from consist- scribed in the application for which the Strategies, headed by a Director appointed ently high levels of crime or otherwise is ap- grant was made. by the Attorney General. propriate for such designation; ‘‘(B) The requirement of subparagraph ‘‘(b) ASSISTANCE.—The Director may assist ‘‘(B) the Weed and Seed strategy proposed, (A)— States, units of local government, and neigh- adopted, or implemented by the steering ‘‘(i) may be satisfied in cash or in kind; and borhood and community-based organizations committee has a high probability of improv- ‘‘(ii) may be waived by the Assistant At- in developing Weed and Seed strategies, as ing the criminal justice system within the torney General upon a determination that provided in section 104. community and contains all the elements re- the financial circumstances affecting the ap- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— quired by the Director; and plicant warrant a finding that such a waiver There is authorized to be appropriated to ‘‘(C) the steering committee is capable of is equitable. carry out this section $60,000,000 for fiscal implementing the strategy appropriately; ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To re- year 2006, and such sums as may be necessary and ceive a grant under this subsection, the ap- for each of fiscal years 2007, 2008, and 2009, to ‘‘(2) the community must agree to formu- plicant must provide assurances that the remain available until expended. late a timely and effective plan to independ- amounts received under the grant shall be

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00228 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.211 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13917

used to supplement, not supplant, non-Fed- ‘‘(2) The Attorney General may use 5 per- LENCE, STALKING, OR SEXUAL ASSAULT.—Sub- eral funds that would otherwise be available cent of the funds available under subsection section 40299(f) of the Violence Against for programs or services provided in the com- (d)(2) (prior to distribution) for grants to In- Women Act of 1994 (42 U.S.C. 13975(f)) is munity. dian tribes to establish child victim assist- amended by striking ‘‘shall annually prepare ‘‘SEC. 105. INCLUSION OF INDIAN TRIBES. ance programs, as appropriate.’’. and submit to the Committee on the Judici- ‘‘For purposes of sections 103 and 104, the SEC. 1133. AMOUNTS RECEIVED UNDER CRIME ary of the House of Representatives and the term ‘State’ includes an Indian tribal gov- VICTIM GRANTS MAY BE USED BY Committee on the Judiciary of the Senate a ernment.’’. STATE FOR TRAINING PURPOSES. report that contains a compilation of the in- (b) ABOLISHMENT OF EXECUTIVE OFFICE OF (a) CRIME VICTIM COMPENSATION.—Section formation contained in the report submitted WEED AND SEED; TRANSFERS OF FUNCTIONS.— 1403(a)(3) of the Victims of Crime Act of 1984 under subsection (e) of this section.’’ and in- (1) ABOLISHMENT.—The Executive Office of (42 U.S.C. 10602(a)(3)) is amended by inserting serting ‘‘shall prepare and submit to the Weed and Seed is abolished. after ‘‘may be used for’’ the following: Committee on the Judiciary of the House of (2) TRANSFER.—There are hereby trans- ‘‘training purposes and’’. Representatives and the Committee on the ferred to the Office of Weed and Seed Strate- (b) CRIME VICTIM ASSISTANCE.—Section Judiciary of the Senate a report that con- gies all functions and activities performed 1404(b)(3) of such Act (42 U.S.C. 10603(b)(3)) is tains a compilation of the information con- immediately before the date of the enact- amended by inserting after ‘‘may be used tained in the report submitted under sub- for’’ the following: ‘‘training purposes and’’. ment of this Act by the Executive Office of section (e) of this section not later than one Weed and Seed Strategies. SEC. 1134. CLARIFICATION OF AUTHORITIES RE- month after the end of each even-numbered LATING TO VIOLENCE AGAINST (c) EFFECTIVE DATE.—This section and the fiscal year.’’. amendments made by this section take ef- WOMEN FORMULA AND DISCRE- fect 90 days after the date of the enactment TIONARY GRANT PROGRAMS. SEC. 1136. GRANTS FOR YOUNG WITNESS ASSIST- ANCE. of this Act. (a) CLARIFICATION OF STATE GRANTS.—Sec- tion 2007 of the Omnibus Crime Control and (a) IN GENERAL.—The Attorney General, CHAPTER 3—ASSISTING VICTIMS OF Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is acting through the Bureau of Justice Assist- CRIME amended— ance, may make grants to State and local SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGA- (1) in subsection (c)(3)(A), by striking ‘‘po- prosecutors and law enforcement agencies in NIZATIONS TO IMPROVE OUTREACH lice’’ and inserting ‘‘law enforcement’’; and support of juvenile and young adult witness SERVICES TO VICTIMS OF CRIME. assistance programs. Section 1404(c) of the Victims of Crime Act (2) in subsection (d)— (b) USE OF FUNDS.—Grants made available of 1984 (42 U.S.C. 10603(c)), as most recently (A) in the second sentence, by inserting under this section may be used— amended by section 623 of the USA PATRIOT after ‘‘each application’’ the following: ‘‘sub- (1) to assess the needs of juvenile and Act (Public Law 107–56; 115 Stat. 372), is mitted by a State’’; and young adult witnesses; amended— (B) in the third sentence, by striking ‘‘An (1) in paragraph (1)— application’’ and inserting ‘‘In addition, each (2) to develop appropriate program goals (A) in the matter preceding subparagraph application submitted by a State or tribal and objectives; and (A), by striking the comma after ‘‘Director’’; government’’. (3) to develop and administer a variety of (B) in subparagraph (A), by striking ‘‘and’’ (b) CHANGE FROM ANNUAL TO BIENNIAL RE- witness assistance services, which includes— at the end; PORTING.—Section 2009(b) of such Act (42 (A) counseling services to young witnesses (C) in subparagraph (B), by striking the pe- U.S.C. 3796gg–3) is amended by striking ‘‘Not dealing with trauma associated in witnessing riod at the end and inserting ‘‘; and’’; and later than’’ and all that follows through ‘‘the a violent crime; (D) by adding at the end the following new Attorney General shall submit’’ and insert- (B) pre- and post-trial assistance for the ing the following: ‘‘Not later than one month subparagraph: youth and their family; after the end of each even-numbered fiscal ‘‘(C) for nonprofit neighborhood and com- (C) providing education services if the year, the Attorney General shall submit’’. munity-based victim service organizations child is removed from or changes their and coalitions to improve outreach and serv- SEC. 1135. CHANGE OF CERTAIN REPORTS FROM school for safety concerns; ANNUAL TO BIENNIAL. ices to victims of crime.’’; (D) protective services for young witnesses (a) STALKING AND DOMESTIC VIOLENCE.— (2) in paragraph (2)— and their families when a serious threat of Section 40610 of the Violence Against Women (A) in subparagraph (A)— harm from the perpetrators or their associ- Act of 1994 (title IV of the Violent Crime ates is made; and (i) by striking ‘‘paragraph (1)(A)’’ and in- Control and Law Enforcement Act of 1994; 42 serting ‘‘paragraphs (1)(A) and (1)(C)’’; and (E) community outreach and school-based U.S.C. 14039) is amended by striking ‘‘The initiatives that stimulate and maintain pub- (ii) by striking ‘‘and’’ at the end; Attorney General shall submit to the Con- (B) in subparagraph (B), by striking the pe- lic awareness and support. gress an annual report, beginning one year (c) DEFINITIONS.—In this section: riod at the end and inserting ‘‘; and’’; and after the date of the enactment of this Act, (1) The term ‘‘juvenile’’ means an indi- (C) by adding at the end the following new that provides’’ and inserting ‘‘Each even- vidual who is age 17 or younger. subparagraph: numbered fiscal year, the Attorney General (2) The term ‘‘young adult’’ means an indi- ‘‘(C) not more than $10,000 shall be used for shall submit to the Congress a biennial re- vidual who is age 21 or younger but not a ju- any single grant under paragraph (1)(C).’’. port that provides’’. venile. SEC. 1132. CLARIFICATION AND ENHANCEMENT (b) SAFE HAVENS FOR CHILDREN.—Sub- OF CERTAIN AUTHORITIES RELAT- (3) The term ‘‘State’’ includes the District section 1301(d)(l) of the Victims of Traf- of Columbia, the Commonwealth of Puerto ING TO CRIME VICTIMS FUND. ficking and Violence Protection Act of 2000 Section 1402 of the Victims of Crime Act of Rico, the Virgin Islands, American Samoa, (42 U.S.C. 10420(d)(l)) is amended in the mat- Guam, and the Northern Mariana Islands. 1984 (42 U.S.C. 10601) is amended as follows: ter preceding subparagraph (A) by striking (1) AUTHORITY TO ACCEPT GIFTS.—Sub- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Not later than 1 year after the last day of There are authorized to be appropriated to section (b)(5) of such section is amended by the first fiscal year commencing on or after striking the period at the end and inserting carry out this section $3,000,000 for each of the date of enactment of this Act, and not fiscal years 2006 through 2009. the following: ‘‘, which the Director is here- later than 180 days after the last day of each by authorized to accept for deposit into the fiscal year thereafter,’’ and inserting ‘‘Not CHAPTER 4—PREVENTING CRIME Fund, except that the Director is not hereby later than 1 month after the end of each SEC. 1141. CLARIFICATION OF DEFINITION OF authorized to accept any such gift, bequest, even-numbered fiscal year,’’. VIOLENT OFFENDER FOR PURPOSES or donation that— (c) STOP VIOLENCE AGAINST WOMEN FOR- OF JUVENILE DRUG COURTS. ‘‘(A) attaches conditions inconsistent with MULA GRANTS.—Subsection 2009(b) of the Om- Section 2953(b) of the Omnibus Crime Con- applicable laws or regulations; or nibus Crime Control and Safe Streets Act of trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(B) is conditioned upon or would require 1968 (42 U.S.C. 3796gg-3), is amended by strik- 3797u–2(b)) is amended in the matter pre- the expenditure of appropriated funds that ing ‘‘Not later than’’ and all that follows ceding paragraph (1) by striking ‘‘an offense are not available to the Office for Victims of through ‘‘the Attorney General shall sub- that’’ and inserting ‘‘a felony-level offense Crime.’’. mit’’ and inserting the following: ‘‘Not later that’’. (2) AUTHORITY TO REPLENISH ANTITERRORISM than 1 month after the end of each even- SEC. 1142. CHANGES TO DISTRIBUTION AND AL- EMERGENCY RESERVE.—Subsection (d)(5)(A) of numbered fiscal year, the Attorney General LOCATION OF GRANTS FOR DRUG such section is amended by striking ‘‘ex- shall submit’’. COURTS. pended’’ and inserting ‘‘obligated’’. (d) GRANTS TO COMBAT VIOLENT CRIMES (a) MINIMUM ALLOCATION REPEALED.—Sec- (3) AUTHORITY TO MAKE GRANTS TO INDIAN AGAINST WOMEN ON CAMPUS.—Subsection tion 2957 of such Act (42 U.S.C. 3797u–6) is TRIBES FOR VICTIM ASSISTANCE PROGRAMS.— 826(d)(3) of the Higher Education Amend- amended by striking subsection (b) and in- Subsection (g) of such section is amended— ments Act of 1998 (20 U.S.C. 1152 (d)(3)) is serting the following: (A) in paragraph (1), by striking ‘‘, acting amended by striking from ‘‘Not’’ through ‘‘(b) TECHNICAL ASSISTANCE AND TRAIN- through the Director,’’; and including ‘‘under this section’’ and in- ING.—Unless one or more applications sub- (B) by redesignating paragraph (2) as para- serting ‘‘Not later than 1 month after the mitted by any State or unit of local govern- graph (3); and end of each even-numbered fiscal year’’. ment within such State (other than an In- (C) by inserting after paragraph (1) the fol- (e) TRANSITIONAL HOUSING ASSISTANCE dian tribe) for a grant under this part has lowing new paragraph: GRANTS FOR CHILD VICTIMS OF DOMESTIC VIO- been funded in any fiscal year, such State,

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00229 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.211 S16DEPT1 S13918 CONGRESSIONAL RECORD — SENATE December 16, 2005 together with eligible applicants within such ment program established or implemented (a)(5) by inserting after ‘‘the Bureau of Jus- State, shall be provided targeted technical with assistance provided under this part will tice Statistics,’’ the following: ‘‘the Office assistance and training by the Community be provided with after care services.’’; and for Victims of Crime,’’. Capacity Development Office to assist such (3) by adding at the end the following new (b) SETTING GRANT CONDITIONS AND PRIOR- State and such eligible applicants to success- paragraph: ITIES.—Such section is further amended in fully compete for future funding under this ‘‘(4) After care services required by this subsection (a)(6) by inserting ‘‘, including part, and to strengthen existing State drug subsection shall be funded through funds placing special conditions on all grants, and court systems. In providing such technical provided for this part.’’. determining priority purposes for formula assistance and training, the Community Ca- (c) PRIORITY FOR PARTNERSHIPS WITH COM- grants’’ before the period at the end. pacity Development Office shall consider and MUNITY-BASED DRUG TREATMENT PRO- SEC. 1153. SIMPLIFICATION OF COMPLIANCE respond to the unique needs of rural States, GRAMS.—Section 1903 of such Act (42 U.S.C. DEADLINES UNDER SEX-OFFENDER rural areas and rural communities.’’ 3796ff—2) is amended by adding at the end REGISTRATION LAWS. (b) AUTHORIZATION OF APPROPRIATIONS.— the following new subsection: (a) COMPLIANCE PERIOD.—A State shall not Section 1001(25)(A) of title I of the Omnibus ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH be treated, for purposes of any provision of Crime Control and Safe Streets Act of 1968 COMMUNITY-BASED DRUG TREATMENT PRO- law, as having failed to comply with section (42 U.S.C. 3793(25)(A)) is amended by adding GRAMS.—In considering an application sub- 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C. at the end the following: mitted by a State under section 1902, the At- 14072) of the Violent Crime Control and Law ‘‘(v) $70,000,000 for each of fiscal years 2007 torney General shall give priority to an ap- Enforcement Act of 1994 until 36 months and 2008.’’. plication that involves a partnership be- after the date of the enactment of this Act, SEC. 1143. ELIGIBILITY FOR GRANTS UNDER tween the State and a community-based except that the Attorney General may grant DRUG COURT GRANTS PROGRAM EX- drug treatment program within the State.’’. an additional 24 months to a State that is TENDED TO COURTS THAT SUPER- SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE making good faith efforts to comply with VISE NON-OFFENDERS WITH SUB- TREATMENT PROGRAM FOR FED- such sections. STANCE ABUSE PROBLEMS. ERAL FACILITIES. (b) TIME FOR REGISTRATION OF CURRENT AD- Section 2951(a)(1) of such Act (42 U.S.C. Section 3621(e) of title 18, United States DRESS.—Subsection (a)(1)(B) of such section 3797u(a)(1)) is amended by striking ‘‘offend- Code, is amended— 170101 is amended by striking ‘‘unless such ers with substance abuse problems’’ and in- (1) by striking paragraph (4) and inserting requirement is terminated under’’ and inserting ‘‘offenders, and other individuals the following: serting ‘‘for the time period specified in’’. under the jurisdiction of the court, with sub- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1154. REPEAL OF CERTAIN PROGRAMS. stance abuse problems’’. There are authorized to carry out this sub- (a) SAFE STREETS ACT PROGRAM.—The SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE section such sums as may be necessary for Criminal Justice Facility Construction Pilot ABUSE TREATMENT PROGRAM FOR each of fiscal years 2007 through 2011.’’; and program (part F; 42 U.S.C. 3769–3769d) of title LOCAL FACILITIES. (2) in paragraph (5)(A)— I of the Omnibus Crime Control and Safe Section 1904 of the Omnibus Crime Control (A) in clause (i) by striking ‘‘and’’ after the Streets Act of 1968 is repealed. and Safe Streets Act of 1968 (42 U.S.C. 3796ff– semicolon’ (b) VIOLENT CRIME CONTROL AND LAW EN- 3) is amended by adding at the end the fol- (B) in clause (ii) by inserting ‘‘and’’ after FORCEMENT ACT PROGRAMS.—The following lowing new subsection: the semicolon; and provisions of the Violent Crime Control and ‘‘(d) DEFINITION.—In this section, the term (C) by adding at the end the following: Law Enforcement Act of 1994 are repealed: ‘residential substance abuse treatment pro- ‘‘(iii) which may include the use of (1) LOCAL CRIME PREVENTION BLOCK GRANT gram’ means a course of individual and pharmacoptherapies, if appropriate, that PROGRAM.—Subtitle B of title III (42 U.S.C. group activities, lasting between 6 and 12 may extend beyond the treatment period;’’. 13751–13758). months, in residential treatment facilities (2) ASSISTANCE FOR DELINQUENT AND AT- CHAPTER 5—OTHER MATTERS set apart from the general prison popu- RISK YOUTH.—Subtitle G of title III (42 U.S.C. lation— SEC. 1151. CHANGES TO CERTAIN FINANCIAL AU- 13801–13802). THORITIES. ‘‘(1) directed at the substance abuse prob- (3) IMPROVED TRAINING AND TECHNICAL AU- ERTAIN ROGRAMS HAT RE XEMPT lems of the prisoners; and (a) C P T A E TOMATION.—Subtitle E of title XXI (42 U.S.C. ‘‘(2) intended to develop the prisoner’s cog- FROM PAYING STATES INTEREST ON LATE DIS- 14151). BURSEMENTS LSO XEMPTED ROM AYING nitive, behavioral, social, vocational and A E F P (4) OTHER STATE AND LOCAL AID.—Subtitle other skills so as to solve the prisoner’s sub- CHARGE TO TREASURY FOR UNTIMELY DIS- F of title XXI (42 U.S.C. 14161). BURSEMENTS.—Section 204(f) of Public Law stance abuse and other problems; and SEC. 1155. ELIMINATION OF CERTAIN NOTICE ‘‘(3) which may include the use of 107–273 (116 Stat. 1776; 31 U.S.C. 6503 note) is AND HEARING REQUIREMENTS. pharmacotherapies, where appropriate, that amended— Part H of title I of the Omnibus Crime Con- may extend beyond the treatment period.’’. (1) by striking ‘‘section 6503(d)’’ and insert- trol and Safe Streets Act of 1968 is amended SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ing ‘‘sections 3335(b) or 6503(d)’’; and as follows: ABUSE TREATMENT PROGRAM FOR (2) by striking ‘‘section 6503’’ and inserting (1) NOTICE AND HEARING ON DENIAL OR TER- STATE PRISONERS. ‘‘sections 3335(b) or 6503’’. MINATION OF GRANT.—Section 802 (42 U.S.C. (a) ENHANCED DRUG SCREENINGS REQUIRE- (b) SOUTHWEST BORDER PROSECUTOR INITIA- 3783) of such part is amended— MENT.—Subsection (b) of section 1902 of the TIVE INCLUDED AMONG SUCH EXEMPTED PRO- (A) by striking subsections (b) and (c); and Omnibus Crime Control and Safe Streets Act GRAMS.—Section 204(f) of such Act is further (B) by striking ‘‘(a)’’ before ‘‘Whenever,’’. of 1968 (42 U.S.C. 3796ff—1(b)) is amended to amended by striking ‘‘pursuant to section (2) FINALITY OF DETERMINATIONS.—Section read as follows: 501(a)’’ and inserting ‘‘pursuant to the 803 (42 U.S.C. 3784) of such part is amended— ‘‘(b) SUBSTANCE ABUSE TESTING REQUIRE- Southwest Border Prosecutor Initiative (as (A) by striking ‘‘, after reasonable notice MENT.—To be eligible to receive funds under carried out pursuant to paragraph (3) (117 and opportunity for a hearing,’’; and this part, a State must agree to implement Stat. 64) under the heading relating to Com- (B) by striking ‘‘, except as otherwise pro- or continue to require urinalysis or other munity Oriented Policing Services of the De- vided herein’’. proven reliable forms of testing, including partment of Justice Appropriations Act, 2003 (3) REPEAL OF APPELLATE COURT REVIEW.— both periodic and random testing— (title I of division B of Public Law 108–7), or Section 804 (42 U.S.C. 3785) of such part is re- ‘‘(1) of an individual before the individual as carried out pursuant to any subsequent pealed. authority) or section 501(a)’’. enters a residential substance abuse treat- SEC. 1156. AMENDED DEFINITIONS FOR PUR- ment program and during the period in (c) ATFE UNDERCOVER INVESTIGATIVE OP- POSES OF OMNIBUS CRIME CON- which the individual participates in the ERATIONS.—Section 102(b) of the Department TROL AND SAFE STREETS ACT OF treatment program; and of Justice and Related Agencies Appropria- 1968. ‘‘(2) of an individual released from a resi- tions Act, 1993, as in effect pursuant to sec- Section 901 of title I of the Omnibus Crime dential substance abuse treatment program tion 815(d) of the Antiterrorism and Effective Control and Safe Streets Act of 1968 (42 if the individual remains in the custody of Death Penalty Act of 1996 shall apply with U.S.C. 3791) is amended as follows: the State.’’. respect to the Bureau of Alcohol, Tobacco, (1) INDIAN TRIBE.—Subsection (a)(3)(C) of (b) AFTERCARE SERVICES REQUIREMENT.— Firearms, and Explosives and the undercover such section is amended by striking ‘‘(as Subsection (c) of such section is amended— investigative operations of the Bureau on that term is defined in section 103 of the Ju- (1) in the matter preceding paragraph (1), the same basis as such section applies with venile Justice and Delinquency Prevention by striking ‘‘ELIGIBILITY FOR PREF- respect to any other agency and the under- Act of 1974 (42 U.S.C. 5603))’’. ERENCE WITH AFTER CARE COMPONENT’’ cover investigative operations of such agen- (2) COMBINATION.—Subsection (a)(5) of such and inserting ‘‘AFTERCARE SERVICES RE- cy. section is amended by striking ‘‘program or QUIREMENT’’; and SEC. 1152. COORDINATION DUTIES OF ASSISTANT project’’ and inserting ‘‘program, plan, or (2) by amending paragraph (1) to read as ATTORNEY GENERAL. project’’. follows: (a) COORDINATE AND SUPPORT OFFICE FOR (3) NEIGHBORHOOD OR COMMUNITY-BASED OR- ‘‘(1) To be eligible for funding under this VICTIMS OF CRIME.—Section 102 of the Omni- GANIZATIONS.—Subsection (a)(11) of such sec- part, a State shall ensure that individuals bus Crime Control and Safe Streets Act of tion is amended by striking ‘‘which’’ and in- who participate in the substance abuse treat- 1968 (42 U.S.C. 3712) is amended in subsection serting ‘‘, including faith-based, that’’.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00230 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.211 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13919

(4) INDIAN TRIBE; PRIVATE PERSON.—Sub- ‘‘(1) The program under part Q of this title. out the functions of the Office, the Director section (a) of such section is further amend- ‘‘(2) Any grant program carried out by the shall be subject to the authority, direction, ed— Office of Justice Programs. and control of the Attorney General. Such (A) in paragraph (24) by striking ‘‘and’’ at ‘‘(3) Any other grant program carried out authority, direction, and control may be del- the end; by the Department of Justice that the Attor- egated only to the Assistant Attorney Gen- (B) in paragraph (25) by striking the period ney General considers appropriate. eral, without redelegation. at the end and inserting a semicolon; and ‘‘(c) PROGRAM ASSESSMENTS REQUIRED.— ‘‘(2) PURPOSE.—The purpose of the Office (C) by adding at the end the following new ‘‘(1) IN GENERAL.—The Director shall select shall be to provide training to actual and paragraphs: grants awarded under the programs covered prospective participants under programs ‘‘(26) the term ‘Indian Tribe’ has the mean- by subsection (b) and carry out program as- covered by section 105(b) to assist such paring given the term ‘Indian tribe’ in section sessments on such grants. In selecting such ticipants in understanding the substantive 4(e) of the Indian Self-Determination and grants, the Director shall ensure that the ag- and procedural requirements for partici- Education Assistance Act (25 U.S.C. 450b(e)); gregate amount awarded under the grants so pating in such programs. and selected represent not less than 10 percent of ‘‘(3) EXCLUSIVITY.—The Office shall be the ‘‘(27) the term ‘private person’ means any the aggregate amount of money awarded exclusive element of the Department of Jus- individual (including an individual acting in under all such grant programs. tice performing functions and activities for his official capacity) and any private part- ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.— the purpose specified in paragraph (2). There nership, corporation, association, organiza- This subsection does not affect the authority are hereby transferred to the Office all function, or entity (or any combination there- or duty of the Director of the National Insti- tions and activities for such purpose per- of).’’. tute of Justice to carry out overall evalua- formed immediately before the date of the SEC. 1157. CLARIFICATION OF AUTHORITY TO tions of programs covered by subsection (b), enactment of this Act by any other element PAY SUBSISTENCE PAYMENTS TO except that such Director shall consult with of the Department. This does not preclude a PRISONERS FOR HEALTH CARE the Director of the Office in carrying out grant-making office from providing special- ITEMS AND SERVICES. such evaluations. ized training and technical assistance in its Section 4006 of title 18, United States Code, ‘‘(3) TIMING OF PROGRAM ASSESSMENTS.— area of expertise. is amended— The program assessment required by para- ‘‘(b) MEANS.—The Director shall, in coordi- (1) in subsection (a) by inserting after ‘‘The graph (1) of a grant selected under paragraph nation with the heads of the other elements Attorney General’’ the following: ‘‘or the (1) shall be carried out— of the Department, carry out the purpose of Secretary of Homeland Security, as applica- ‘‘(A) not later than the end of the grant pe- the Office through the following means: ble,’’; and riod, if the grant period is not more than 1 ‘‘(1) Promoting coordination of public and (2) in subsection (b)(1)— year; and private efforts and resources within or avail- (A) by striking ‘‘the Immigration and Nat- ‘‘(B) at the end of each year of the grant able to States, units of local government, uralization Service’’ and inserting ‘‘the De- period, if the grant period is more than 1 and neighborhood and community-based or- partment of Homeland Security’’; year. ganizations. (B) by striking ‘‘shall not exceed the lesser ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The ‘‘(2) Providing information, training, and of the amount’’ and inserting ‘‘shall be the Director shall take such actions to ensure technical assistance. amount billed, not to exceed the amount’’; compliance with the terms of a grant as the ‘‘(3) Providing support for inter- and intra- (C) by striking ‘‘items and services’’ and Director considers appropriate with respect agency task forces and other agreements and all that follows through ‘‘the Medicare pro- to each grant that the Director determines for assessment of the effectiveness of program’’ and inserting ‘‘items and services (in consultation with the head of the ele- grams, projects, approaches, or practices. under the Medicare program’’; and ment of the Department of Justice con- ‘‘(4) Providing in the assessment of the ef- (D) by striking ‘‘; or’’ and all that follows cerned), through a program assessment fectiveness of neighborhood and community- through the period at the end and inserting under subsection (a) or other means, is not based law enforcement and crime prevention a period. in compliance with such terms. In the case of strategies and techniques, in coordination SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND a misuse of more than 1 percent of the grant with the National Institute of Justice. MANAGEMENT. amount concerned, the Director shall, in ad- ‘‘(5) Any other similar means. (a) IN GENERAL.—Part A of title I of the dition to any other action to ensure compli- ‘‘(c) LOCATIONS.—Training referred to in Omnibus Crime Control and Safe Streets Act ance that the Director considers appropriate, subsection (a) shall be provided on a regional of 1968 is amended by adding after section ensure that the entity responsible for such basis to groups of such participants. In a 104, as added by section 211 of this Act, the misuse ceases to receive any funds under any case in which remedial training is appro- following new section: program covered by subsection (b) until such priate, as recommended by the Director or ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND entity repays to the Attorney General an the head of any element of the Department, MANAGEMENT. amount equal to the amounts misused. The such training may be provided on a local ‘‘(a) ESTABLISHMENT.— Director may, in unusual circumstances, basis to a single such participant. ‘‘(1) IN GENERAL.—There is established ‘‘(d) BEST PRACTICES.—The Director shall— within the Office an Office of Audit, Assess- grant relief from this requirement to ensure that an innocent party is not punished. ‘‘(1) identify grants under which clearly ment, and Management, headed by a Direc- beneficial outcomes were obtained, and the ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Di- tor appointed by the Attorney General. In characteristics of those grants that were re- carrying out the functions of the Office, the rector shall establish and maintain, in consultation with the chief information officer sponsible for obtaining those outcomes; and Director shall be subject to the authority, ‘‘(2) incorporate those characteristics into direction, and control of the Attorney Gen- of the Office, a modern, automated system for managing all information relating to the the training provided under this section. eral. Such authority, direction, and control ‘‘(e) AVAILABILITY OF FUNDS.—not to ex- grants made under the programs covered by may be delegated only to the Assistant At- ceed 3 percent of all funding made available subsection (b). torney General, without redelegation. for a fiscal year for the programs covered by ‘‘(f) AVAILABILITY OF FUNDS.—Not to ex- ‘‘(2) PURPOSE.—The purpose of the Office section 105(b) shall be reserved for the Com- ceed 3 percent of all funding made available shall be to carry out and coordinate program munity Capacity Development Office for the for a fiscal year for the programs covered by assessments of, take actions to ensure com- activities authorized by this section.’’. subsection (b) shall be reserved for the Office pliance with the terms of, and manage infor- (b) EFFECTIVE DATE.—This section and the mation with respect to, grants under proof Audit, Assessment and Management for amendment made by this section take effect grams covered by subsection (b). The Direc- the activities authorized by this section.’’. 90 days after the date of the enactment of tor shall take special conditions of the grant (b) EFFECTIVE DATE.—This section and the this Act. amendment made by this section take effect into account and consult with the office that SEC. 1160. OFFICE OF APPLIED LAW ENFORCE- issued those conditions to ensure appropriate 90 days after the date of the enactment of MENT TECHNOLOGY. compliance. this Act. (a) IN GENERAL.—Part A of title I of the ‘‘(3) EXCLUSIVITY.—The Office shall be the SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT Omnibus Crime Control and Safe Streets Act exclusive element of the Department of Jus- OFFICE. of 1968 is amended by adding after section tice, other than the Inspector General, per- (a) IN GENERAL.—Part A of title I of the 106, as added by section 249 of this Act, the forming functions and activities for the pur- Omnibus Crime Control and Safe Streets Act following new section: pose specified in paragraph (2). There are of 1968 is amended by adding after section ‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCE- hereby transferred to the Office all functions 105, as added by section 248 of this Act, the MENT TECHNOLOGY. and activities, other than functions and ac- following new section: ‘‘(a) ESTABLISHMENT.—There is established tivities of the Inspector General, for such ‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT within the Office of Science and Technology, purpose performed immediately before the OFFICE. the Division of Applied Law Enforcement date of the enactment of this Act by any ‘‘(a) ESTABLISHMENT.— Technology, headed by an individual ap- other element of the Department. ‘‘(1) IN GENERAL.—There is established pointed by the Attorney General. The pur- ‘‘(b) COVERED PROGRAMS.—The programs within the Office a Community Capacity De- pose of the Division shall be to provide lead- referred to in subsection (a) are the fol- velopment Office, headed by a Director ap- ership and focus to those grants of the De- lowing: pointed by the Attorney General. In carrying partment of Justice that are made for the

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00231 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 S13920 CONGRESSIONAL RECORD — SENATE December 16, 2005

purpose of using or improving law enforce- (b) FURTHER CONSOLIDATION OF PROCURE- (D) by amending paragraph (9) (as so redes- ment computer systems. MENT ACTIVITIES.—The Assistant Attorney ignated) to read as follows: ‘‘(b) DUTIES.—In carrying out the purpose General, in coordination with the Chief In- ‘‘(9) develop new technologies, including of the Division, the head of the Division formation Officer and Chief Financial Officer interoperable communications technologies, shall— of the Department of Justice, shall ensure modernized criminal record technology, and ‘‘(1) establish clear minimum standards for that, on and after September 30, 2008— forensic technology, to assist State and local computer systems that can be purchased (1) all procurement activities for all ele- law enforcement agencies in reorienting the using amounts awarded under such grants; ments of the Office are carried out through a emphasis of their activities from reacting to and single management office; and crime to preventing crime and to train law ‘‘(2) ensure that recipients of such grants (2) all contracts and purchase orders used enforcement officers to use such tech- use such systems to participate in crime re- in carrying out those activities are processed nologies;’’; porting programs administered by the De- through a single procurement system. (4) by redesignating subsections (e) partment, such as Uniform Crime Reports or (c) CONSOLIDATION OF FINANCIAL MANAGE- through (k) as subsections (c) through (i), re- the National Incident-Based Reporting Sys- MENT SYSTEMS.—The Assistant Attorney spectively; and tem.’’. General, in coordination with the Chief In- (5) in subsection (c) (as so redesignated) by (b) EFFECTIVE DATE.—This section and the formation Officer and Chief Financial Officer striking ‘‘subsection (i)’’ and inserting ‘‘sub- amendment made by this section take effect of the Department of Justice, shall ensure section (g)’’. 90 days after the date of the enactment of that, on and after September 30, 2010, all fi- (b) CONFORMING AMENDMENT.—Section 1702 this Act. nancial management activities (including of title I of such Act (42 U.S.C. 3796dd–1) is human resources, payroll, and accounting amended in subsection (d)(2) by striking SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS. activities, as well as procurement activities) (a) IN GENERAL.—Part A of title I of the ‘‘section 1701(d)’’ and inserting ‘‘section of all elements of the Office are carried out 1701(b)’’. Omnibus Crime Control and Safe Streets Act through a single financial management sys- of 1968 is amended by adding after section (c) AUTHORIZATION OF APPROPRIATIONS.— tem. Section 1001(a)(11) of title I of such Act (42 107, as added by section 250 of this Act, the (d) ACHIEVING COMPLIANCE.— U.S.C. 3793(a)(11)) is amended— following new section: (1) SCHEDULE.—The Assistant Attorney (1) in subparagraph (A) by striking ‘‘ex- ‘‘SEC. 108. AVAILABILITY OF FUNDS. General shall undertake a scheduled consoli- pended—’’ and all that follows through ‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.— dation of operations to achieve compliance ‘‘2000’’ and inserting ‘‘expended $1,047,119,000 ‘‘(1) IN GENERAL.—Unless otherwise specifi- with the requirements of this section. for each of fiscal years 2006 through 2009’’; cally provided in an authorization, DOJ (2) SPECIFIC REQUIREMENTS.—With respect and grant funds for a fiscal year shall remain to achieving compliance with the require- (2) in subparagraph (B)— available to be awarded and distributed to a ments of— (A) by striking ‘‘section 1701(f)’’ and insert- grantee only in that fiscal year and the three (A) subsection (a), the consolidation of oping ‘‘section 1701(d)’’; and succeeding fiscal years, subject to para- erations shall be initiated not later than 90 (B) by striking the third sentence. graphs (2) and (3). DOJ grant funds not so days after the date of the enactment of this awarded and distributed shall revert to the Act; and SEC. 1164. CLARIFICATION OF PERSONS ELIGI- (B) subsections (b) and (c), the consolida- BLE FOR BENEFITS UNDER PUBLIC Treasury. SAFETY OFFICERS’ DEATH BENEFITS ‘‘(2) TREATMENT OF REPROGRAMMED tion of operations shall be initiated not later PROGRAMS. than September 30, 2006, and shall be carried FUNDS.—DOJ grant funds for a fiscal year (a) PERSONS ELIGIBLE FOR DEATH BENE- out by the Office of Administration, in con- that are reprogrammed in a later fiscal year FITS.—Section 1204 of the Omnibus Crime shall be treated for purposes of paragraph (1) sultation with the Chief Information Officer Control and Safe Streets Act of 1968 (42 as DOJ grant funds for such later fiscal year. and the Office of Audit, Assessment, and U.S.C. 3796b), as most recently amended by Management. ‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If section 2(a) of the Mychal Judge Police and DOJ grant funds were obligated and then SEC. 1163. AUTHORIZATION AND CHANGE OF Fire Chaplains Public Safety Officers’ Ben- COPS PROGRAM TO SINGLE GRANT deobligated, the period of availability that efit Act of 2002 (Public Law 107–196; 116 Stat. applies to those grant funds under paragraph PROGRAM. (a) IN GENERAL.—Section 1701 of title I of 719), is amended— (1) shall be extended by a number of days the Omnibus Crime Control and Safe Streets (1) by redesignating paragraphs (7) and (8) equal to the number of days from the date on Act of 1968 (42 U.S.C. 3796dd) is amended— as paragraphs (8) and (9), respectively; which those grant funds were obligated to (1) by amending subsection (a) to read as (2) by inserting after paragraph (6) the fol- the date on which those grant funds were follows: lowing new paragraph: deobligated. ‘‘(a) GRANT AUTHORIZATION.—The Attorney ‘‘(7) ‘member of a rescue squad or ambu- ‘‘(b) PERIOD FOR EXPENDING GRANT General shall carry out a single grant pro- lance crew’ means an officially recognized or FUNDS.—DOJ grant funds for a fiscal year gram under which the Attorney General designated public employee member of a res- that have been awarded and distributed to a makes grants to States, units of local gov- cue squad or ambulance crew;’’; and grantee may be expended by that grantee ernment, Indian tribal governments, other (3) in paragraph (4) by striking ‘‘and’’ and only in the period permitted under the terms public and private entities, and multi-juris- all that follows through the end and insert- of the grant. DOJ grant funds not so ex- dictional or regional consortia for the pur- ing a semicolon. pended shall revert to the Treasury. poses described in subsection (b).’’; (4) in paragraph (6) by striking ‘‘enforce- ‘‘(c) DEFINITION.—In this section, the term (2) by striking subsections (b) and (c); ment of the laws’’ and inserting ‘‘enforce- ‘DOJ grant funds’ means, for a fiscal year, (3) by redesignating subsection (d) as sub- ment of the criminal laws (including juvenile amounts appropriated for activities of the section (b), and in that subsection— delinquency).’’ Department of Justice in carrying out grant (A) by striking ‘‘ADDITIONAL GRANT (b) CLARIFICATION OF LIMITATION ON PAY- programs for that fiscal year. PROJECTS.—Grants made under subsection MENTS IN NON-CIVILIAN CASES.—Section ‘‘(d) APPLICABILITY.—This section applies (a) may include programs, projects, and 1202(5) of such Act (42 U.S.C. 3796a(5)) is to DOJ grant funds for fiscal years beginning other activities to—’’ and inserting ‘‘USES amended by inserting ‘‘with respect’’ before with fiscal year 2006.’’. OF GRANT AMOUNTS.—The purposes for ‘‘to any individual’’. (b) EFFECTIVE DATE.—This section and the which grants made under subsection (a) may (c) WAIVER OF COLLECTION IN CERTAIN amendment made by this section take effect be made are—’’; CASES.—Section 1201 of such Act (42 U.S.C. 90 days after the date of the enactment of (B) by redesignating paragraphs (1) 3796) is amended by adding at the end the fol- this Act. through (12) as paragraphs (6) through (17), lowing: SEC. 1162. CONSOLIDATION OF FINANCIAL MAN- respectively; ‘‘(m) The Bureau may suspend or end col- AGEMENT SYSTEMS OF OFFICE OF (C) by inserting before paragraph (6) (as so lection action on an amount disbursed pursu- JUSTICE PROGRAMS. redesignated) the following new paragraphs: ant to a statute enacted retroactively or (a) CONSOLIDATION OF ACCOUNTING ACTIVI- ‘‘(1) rehire law enforcement officers who otherwise disbursed in error under sub- TIES AND PROCUREMENT ACTIVITIES.—The As- have been laid off as a result of State and section (a) or (c), where such collection sistant Attorney General of the Office of local budget reductions for deployment in would be impractical, or would cause undue Justice Programs, in coordination with the community-oriented policing; hardship to a debtor who acted in good Chief Information Officer and Chief Finan- ‘‘(2) hire and train new, additional career faith.’’. cial Officer of the Department of Justice, law enforcement officers for deployment in (d) DESIGNATION OF BENEFICIARY.—Section shall ensure that— community-oriented policing across the Na- 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is (1) all accounting activities for all ele- tion; amended to read as follows: ments of the Office of Justice Programs are ‘‘(3) procure equipment, technology, or ‘‘(4) if there is no surviving spouse or sur- carried out under the direct management of support systems, or pay overtime, to in- viving child— the Office of the Comptroller; and crease the number of officers deployed in ‘‘(A) in the case of a claim made on or after (2) all procurement activities for all ele- community-oriented policing; the date that is 90 days after the date of the ments of the Office are carried out under the ‘‘(4) award grants to pay for offices hired to enactment of this subparagraph, to the indi- direct management of the Office of Adminis- perform intelligence, anti-terror, or home- vidual designated by such officer as bene- tration. land security duties;’’; and ficiary under this section in such officer’s

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00232 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13921 most recently executed designation of bene- serting a lower case letter of such letter and 203 of title 18, United States Code, is amend- ficiary on file at the time of death with such the following: ‘‘Pursuant to regulations pro- ed by inserting after the item relating to officer’s public safety agency, organization, mulgated by the Attorney General here- section 3050 the following new item: or unit, provided that such individual sur- under,’’ ‘‘3051. Powers of Special Agents of Bureau of vived such officer; or (2) in subsection (c), paragraphs (1) and (2), Alcohol, Tobacco, Firearms, ‘‘(B) if there is no individual qualifying respectively, by— and Explosives’’. under subparagraph (A), to the individual (A) striking ‘‘a State’’, the first place it designated by such officer as beneficiary appears, and inserting ‘‘a criminal-records- (b) REPEAL OF DUPLICATIVE PROGRAM.— under such officer’s most recently executed reporting State’’; and Section 316 of Part A of the Runaway and life insurance policy on file at the time of (B) striking ‘‘(3),’’ and all that follows Homeless Youth Act (42 U.S.C. 5712d), as death with such officer’s public safety agen- through ‘‘subsequent offense’’ and inserting added by section 40155 of the Violent Crime cy, organization, or unit, provided that such ‘‘(3), it may, under subsection (d), apply to Control and Law Enforcement Act of 1994 individual survived such officer; or’’. the Attorney General for $10,000, for its re- (Public Law 103–322; 108 Stat. 1922), is repealed. (e) CONFIDENTIALITY.—Section 1201(1)(a) of lated apprehension and prosecution costs, such Act (42 U.S.C. 3796(a)) is amended by and $22,500 per year (up to a maximum of 5 (c) REPEAL OF PROVISION RELATING TO UN- adding at the end the following: years), for its related incarceration costs AUTHORIZED PROGRAM.—Section 20301 of Pub- ‘‘(6) The public safety agency, organiza- with both amounts for costs adjusted annu- lic Law 103–322 is amended by striking sub- tion, or unit responsible for maintaining on ally for the rate of inflation’’; section (c). file an executed designation of beneficiary or (3) in subsection (c)(3), by— SEC. 1173. USE OF FEDERAL TRAINING FACILI- recently executed life insurance policy pur- (A) striking ‘‘if—’’ and inserting ‘‘unless— TIES. suant to paragraph (4) shall maintain the ’’; (a) FEDERAL TRAINING FACILITIES.—Unless confidentiality of such designation or policy (B) striking— authorized in writing by the Attorney Gen- in the same manner as it maintains per- (i) ‘‘average’’; eral, or the Assistant Attorney General for sonnel or other similar records of the offi- (ii) ‘‘individuals convicted of the offense Administration, if so delegated by the Attor- cer.’’. for which,’’; and ney General, the Department of Justice (and SEC. 1165. PRE-RELEASE AND POST-RELEASE (iii) ‘‘convicted by the State is’’; and each entity within it) shall use for any pre- PROGRAMS FOR JUVENILE OFFEND- (C) inserting ‘‘not’’ before ‘‘less’’ each dominantly internal training or conference ERS. place it appears; meeting only a facility that does not require Section 1801(b) of the Omnibus Crime Con- (4) in subsections (d) and (e), respectively, a payment to a private entity for use of the trol and Safe Streets Act of 1968 (42 U.S.C. by striking ‘‘transferred’’; facility. 3796ee(b)) is amended— (5) in subsection (e)(1), by— (b) ANNUAL REPORT.—The Attorney Gen- (1) in paragraph (15) by striking ‘‘or’’ at the (A) inserting ‘‘pursuant to section 506 of eral shall prepare an annual report to the end; the Omnibus Crime Control and Safe Streets Chairmen and ranking minority members of (2) in paragraph (16) by striking the period Act of 1968’’ before ‘‘that’’; and the Committees on the Judiciary of the Sen- at the end and inserting ‘‘; or’’; and (B) striking the last sentence and inserting ate and of the House of Representatives that (3) by adding at the end the following: ‘‘No amount described under this section details each training and conference meeting ‘‘(17) establishing, improving, and coordi- shall be subject to section 3335(b) or 6503(d) that requires specific authorization under nating pre-release and post-release systems of title 31, United States Code.’’; subsection (a). The report shall include an and programs to facilitate the successful re- (6) in subsection (i)(1), by striking ‘‘State- explanation of why the facility was chosen, entry of juvenile offenders from State or ’’ and inserting ‘‘State (where practicable)-’’; and a breakdown of any expenditures in- local custody in the community.’’. and curred in excess of the cost of conducting the SEC. 1166. REAUTHORIZATION OF JUVENILE AC- (7) by striking subsection (i)(2) and insert- training or meeting at a facility that did not COUNTABILITY BLOCK GRANTS. ing: require such authorization. Section 1810(a) of the Omnibus Crime Con- ‘‘(2) REPORT.—The Attorney General shall SEC. 1174. PRIVACY OFFICER. trol and Safe Streets Act of 1968 (42 U.S.C. submit to Congress— (a) IN GENERAL.—The Attorney General 3796gg–10(a)) is amended by striking ‘‘2002 ‘‘(A) a report, by not later than 6 months shall designate a senior official in the De- through 2005’’ and inserting ‘‘2006 through after the date of enactment of this Act, that partment of Justice to assume primary re- 2009’’. provides national estimates of the nature sponsibility for privacy policy. SEC. 1167. SEX OFFENDER MANAGEMENT. and extent of recidivism (with an emphasis (b) RESPONSIBILITIES.—The responsibilities Section 40152 of the Violent Crime Control on interstate recidivism) by State inmates of such official shall include advising the At- and Law Enforcement Act of 1994 (42 U.S.C. convicted of murder, rape, and dangerous torney General regarding— 13941) is amended by striking subsection (c) sexual offenses; (1) appropriate privacy protections, relat- and inserting the following: ‘‘(B) a report, by not later than October 1, ing to the collection, storage, use, disclo- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 2007, and October 1 of each year thereafter, sure, and security of personally identifiable There are authorized to be appropriated to that provides statistical analysis and crimi- information, with respect to the Depart- carry out this section $5,000,000 for each of nal history profiles of interstate recidivists ment’s existing or proposed information fiscal years 2006 through 2010.’’. identified in any State applications under technology and information systems; SEC. 1168. EVIDENCE-BASED APPROACHES. this section; and (2) privacy implications of legislative and Section 1802 of the Omnibus Crime Control ‘‘(C) reports, at regular intervals not to ex- regulatory proposals affecting the Depart- and Safe Streets Act of 1968 is amended— ceed every five years, that include the infor- ment and involving the collection, storage, (1) in subsection (a)(1)(B) by inserting ‘‘, mation described in paragraph (1).’’. use, disclosure, and security of personally including the extent to which evidence-based Subtitle C—MISCELLANEOUS PROVISIONS identifiable information; approaches are utilized’’ after ‘‘part’’; and SEC. 1171. TECHNICAL AMENDMENTS RELATING (3) implementation of policies and proce- (2) in subsection (b)(1)(A)(ii) by inserting ‘‘, TO PUBLIC LAW 107–56. dures, including appropriate training and au- including the extent to which evidence-based (a) STRIKING SURPLUS WORDS.— diting, to ensure the Department’s compli- approaches are utilized’’ after ‘‘part’’. (1) Section 2703(c)(1) of title 18, United ance with privacy-related laws and policies, SEC. 1169. REAUTHORIZATION OF MATCHING States Code, is amended by striking ‘‘or’’ at including section 552a of title 5, United GRANT PROGRAM FOR SCHOOL SE- the end of subparagraph (C). States Code, and Section 208 of the E-Gov- CURITY. (2) Section 1960(b)(1)(C) of title 18, United ernment Act of 2002 (Pub. L. 107–347); (a) IN GENERAL.—Section 2705 of the Omni- States Code, is amended by striking ‘‘to be (4) ensuring that adequate resources and bus Crime Control and Safe Streets Act of used to be used’’ and inserting ‘‘to be used’’. staff are devoted to meeting the Depart- 1968 (42 U.S.C. 3797e) is amended by striking (b) PUNCTUATION AND GRAMMAR CORREC- ment’s privacy-related functions and obliga- ‘‘2003’’ and inserting ‘‘2009’’. TIONS.—Section 2516(1)(q) of title 18, United tions; (b) PROGRAM TO REMAIN UNDER COPS OF- States Code, is amended— (5) appropriate notifications regarding the FICE.—Section 2701 of the Omnibus Crime (1) by striking the semicolon after the first Department’s privacy policies and privacy- Control and Safe Streets Act of 1968 (42 close parenthesis; and related inquiry and complaint procedures; U.S.C. 3797a) is amended in subsection (a) by (2) by striking ‘‘sections’’ and inserting and inserting after ‘‘The Attorney General’’ the ‘‘section’’. (6) privacy-related reports from the De- following: ‘‘, acting through the Office of (c) CROSS REFERENCE CORRECTION.—Section partment to Congress and the President. Community Oriented Policing Services,’’. 322 of Public Law 107–56 is amended, effective (c) REVIEW OF PRIVACY RELATED FUNC- SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S on the date of the enactment of that section, TIONS, RESOURCES, AND REPORT.—Within 120 LAW. by striking ‘‘title 18’’ and inserting ‘‘title days of his designation, the privacy official Section 2001 of Div. C, Pub. L. 106–386 (42 28’’. shall prepare a comprehensive report to the U.S.C. 13713), is amended— SEC. 1172. MISCELLANEOUS TECHNICAL AMEND- Attorney General and to the Committees on (1) in each of subsections (b), (c)(1), (c)(2), MENTS. the Judiciary of the House of Representa- (c)(3), (e)(1), and (g) by striking the first (a) TABLE OF SECTIONS OMISSION.—The tives and of the Senate, describing the orga- upper-case letter after the heading and in- table of sections at the beginning of chapter nization and resources of the Department

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00233 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 S13922 CONGRESSIONAL RECORD — SENATE December 16, 2005 with respect to privacy and related informa- read as follows: ‘‘In the absence of such con- the Attorney General to carry out this section management functions, including ac- sent of the accused, the judge or magistrate tion $4,000,000 for each of fiscal years 2006 cess, security, and records management, as- judge may extend the time limits only on a through 2009. sessing the Department’s current and future showing that extraordinary circumstances SEC. 1185. REAUTHORIZATION OF LAW ENFORCE- needs relating to information privacy issues, exist and justice requires the delay.’’. MENT TRIBUTE ACT. and making appropriate recommendations SEC. 1180. TECHNICAL CORRECTIONS RELATING Section 11001 of Public Law 107–273 (42 regarding the Department’s organizational TO STEROIDS. U.S.C. 15208; 116 Stat. 1816) is amended in structure and personnel. Section 102(41)(A) of the Controlled Sub- subsection (i) by striking ‘‘2006’’ and insert- (d) ANNUAL REPORT.—The privacy official stances Act (21 U.S.C. 802(41)(A)), as amended ing ‘‘2009’’. shall submit a report to the Committees on by the Anabolic Steroid Control Act of 2004 the Judiciary of the House of Representa- SEC. 1186. AMENDMENT REGARDING BULLYING (Public law 108–358), is amended by— AND GANGS. tives and of the Senate on an annual basis on (1) striking clause (xvii) and inserting the Paragraph (13) of section 1801(b) of the Om- activities of the Department that affect pri- following: nibus Crime Control and Safe Streets Act of vacy, including a summary of complaints of ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3- privacy violations, implementation of sec- 1968 (42 U.S.C. 3796ee(b)) is amended to read one;’’; and tion 552a of title 5, United States Code, inter- as follows: (2) striking clause (xliv) and inserting the nal controls, and other relevant matters. ‘‘(13) establishing and maintaining ac- following: countability-based programs that are de- SEC. 1175. BANKRUPTCY CRIMES. ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy- The Director of the Executive Office for signed to enhance school safety, which pro- [5α]-androst-2-eno[3,2-c]-pyrazole);’’. United States Trustees shall prepare an an- grams may include research-based bullying, nual report to the Congress detailing— SEC. 1181. PRISON RAPE COMMISSION EXTEN- cyberbullying, and gang prevention pro- (1) the number and types of criminal refer- SION. grams;’’. rals made by the United States Trustee Pro- Section 7 of the Prison Rape Elimination SEC. 1187. TRANSFER OF PROVISIONS RELATING gram; Act of 2003 (42 U.S.C. 15606) is amended in TO THE BUREAU OF ALCOHOL, TO- subsection (d)(3)(A) by striking ‘‘2 years’’ BACCO, FIREARMS, AND EXPLO- (2) the outcomes of each criminal referral; SIVES. (3) for any year in which the number of and inserting ‘‘3 years’’. (a) ORGANIZATIONAL PROVISION.—Part II of criminal referrals is less than for the prior SEC. 1182. LONGER STATUTE OF LIMITATION FOR title 28, United States Code, is amended by year, an explanation of the decrease; and HUMAN TRAFFICKING-RELATED OF- FENSES. adding at the end the following new chapter: (4) the United States Trustee Program’s efforts to prevent bankruptcy fraud and abuse, (a) IN GENERAL.—Chapter 213 of title 18, ‘‘CHAPTER 40A—BUREAU OF ALCOHOL, particularly with respect to the establish- United States Code, is amended by adding at TOBACCO, FIREARMS, AND EXPLOSIVES ment of uniform internal controls to detect the end the following new section: ‘‘Sec. common, higher risk frauds, such as a debt- ‘‘§ 3298. Trafficking-related offenses ‘‘599A. Bureau of Alcohol, Tobacco, Fire- or’s failure to disclose all assets. ‘‘No person shall be prosecuted, tried, or arms, and Explosives SEC. 1176. REPORT TO CONGRESS ON STATUS OF punished for any non-capital offense or con- ‘‘599B. Personnel management demonstra- UNITED STATES PERSONS OR RESI- spiracy to commit a non-capital offense tion project’’. DENTS DETAINED ON SUSPICION OF under section 1581 (Peonage; Obstructing En- (b) TRANSFER OF PROVISIONS.—The section TERRORISM. forcement), 1583 (Enticement into Slavery), heading for, and subsections (a), (b), (c)(1), Not less often than once every 12 months, 1584 (Sale into Involuntary Servitude), 1589 and (c)(3) of, section 1111, and section 1115, of the Attorney General shall submit to Con- (Forced Labor), 1590 (Trafficking with Re- the Homeland Security Act of 2002 (6 U.S.C. gress a report on the status of United States spect to Peonage, Slavery, Involuntary Ser- 531(a), (b), (c)(1), and (c)(3), and 533) are here- persons or residents detained, as of the date vitude, or Forced Labor), or 1592 (Unlawful by transferred to, and added at the end of of the report, on suspicion of terrorism. The Conduct with Respect to Documents in fur- chapter 40A of such title, as added by sub- report shall— therance of Trafficking, Peonage, Slavery, section (a) of this section. (1) specify the number of persons or resi- Involuntary Servitude, or Forced Labor) of (c) CONFORMING AMENDMENTS.— dents so detained; and this title or under section 274(a) of the Immi- (1) Such section 1111 is amended— (2) specify the standards developed by the gration and Nationality Act unless the in- (A) by striking the section heading and in- Department of Justice for recommending or dictment is found or the information is insti- serting the following: determining that a person should be tried as tuted not later than 10 years after the com- ‘‘§ 599A. Bureau of alcohol, tobacco, firearms, a criminal defendant or should be designated mission of the offense.’’. and Explosives’’; as an enemy combatant. (b) CLERICAL AMENDMENT.—The table of and SEC. 1177. INCREASED PENALTIES AND EX- sections at the beginning of such chapter is PANDED JURISDICTION FOR SEXUAL (B) in subsection (b)(2), by inserting ‘‘of ABUSE OFFENSES IN CORREC- amended by adding at the end the following section 1111 of the Homeland Security Act of TIONAL FACILITIES. new item: 2002 (as enacted on the date of the enactment (a) EXPANDED JURISDICTION.—The following ‘‘3298. Trafficking-related offenses’’. of such Act)’’ after ‘‘subsection (c)’’, provisions of title 18, United States Code, are (c) MODIFICATION OF STATUTE APPLICABLE and such section heading and such sub- each amended by inserting ‘‘or in any prison, TO OFFENSE AGAINST CHILDREN.—Section 3283 sections (as so amended) shall constitute sec- institution, or facility in which persons are of title 18, United States Code, is amended by tion 599A of such title. held in custody by direction of or pursuant inserting ‘‘, or for ten years after the offense, (2) Such section 1115 is amended by strik- to a contract or agreement with the Attor- whichever is longer’’ after ‘‘of the child’’. ing the section heading and inserting the fol- ney General’’ after ‘‘in a Federal prison,’’: SEC. 1183. USE OF CENTER FOR CRIMINAL JUS- lowing: (1) Subsections (a) and (b) of section 2241. TICE TECHNOLOGY. ‘‘§ 599B. Personnel Management demonstra- (2) The first sentence of subsection (c) of (a) IN GENERAL.—The Attorney General section 2241. may use the services of the Center for Crimi- tion project’’, (3) Section 2242. nal Justice Technology, a nonprofit ‘‘center and such section (as so amended) shall con- (4) Subsections (a) and (b) of section 2243. of excellence’’ that provides technology as- stitute section 599B of such title. (5) Subsections (a) and (b) of section 2244. sistance and expertise to the criminal justice (d) CLERICAL AMENDMENT.—The chapter (b) INCREASED PENALTIES.— community. analysis for such part is amended by adding (1) SEXUAL ABUSE OF A WARD.—Section (b) AUTHORIZATION OF APPROPRIATIONS.— at the end the following new item: 2243(b) of such title is amended by striking There are authorized to be appropriated to ‘‘40A. Bureau of Alcohol, Tobacco, ‘‘one year’’ and inserting ‘‘five years’’. the Attorney General to carry out this sec- Firearms, and Explosives ...... 599A’’. BUSIVE SEXUAL CONTACT.—Section 2244 (2) A tion the following amounts, to remain avail- of such title is amended by striking ‘‘six SEC. 1188. REAUTHORIZE THE GANG RESISTANCE able until expended: EDUCATION AND TRAINING months’’ and inserting ‘‘two years’’ in each (1) $7,500,000 for fiscal year 2006; PROJECTS PROGRAM. of subsections (a)(4) and (b). (2) $7,500,000 for fiscal year 2007; and Section 32401(b) of the Violent Crime Con- SEC. 1178. EXPANDED JURISDICTION FOR CON- (3) $10,000,000 for fiscal year 2008. trol Act of 1994 (42 U.S.C. 13921(b)) is amend- TRABAND OFFENSES IN CORREC- TIONAL FACILITIES. SEC. 1184. SEARCH GRANTS. ed by striking paragraphs (1) through (6) and Section 1791(d)(4) of title 18, United States (a) IN GENERAL.—Pursuant to subpart 1 of inserting the following: Code, is amended by inserting ‘‘or any pris- part E of title I of the Omnibus Crime Con- ‘‘(1) $20,000,000 for fiscal year 2006; on, institution, or facility in which persons trol and Safe Streets Act of 1968, the Attor- ‘‘(2) $20,000,000 for fiscal year 2007; are held in custody by direction of or pursu- ney General may make grants to SEARCH, ‘‘(3) $20,000,000 for fiscal year 2008; ant to a contract or agreement with the At- the National Consortium for Justice Infor- ‘‘(4) $20,000,000 for fiscal year 2009; and torney General’’ after ‘‘penal facility’’. mation and Statistics, to carry out the oper- ‘‘(5) $20,000,000 for fiscal year 2010.’’. SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO ations of the National Technical Assistance SEC. 1189. NATIONAL TRAINING CENTER. CONTINUE PRELIMINARY HEARING. and Training Program. (a) IN GENERAL.—The Attorney General The second sentence of section 3060(c) of (b) AUTHORIZATION OF APPROPRIATIONS.— may use the services of the National Train- title 18, United States Code, is amended to There are authorized to be appropriated to ing Center in Sioux City, Iowa, to utilize a

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00234 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13923 national approach to bring communities and sentence imposed on a defendant who is con- compensation under section 241(i) of the Im- criminal justice agencies together to receive victed of a Federal offense while wearing or migration and Nationality Act (8 U.S.C. training to control the growing national displaying insignia and uniform received in 1231(i)) and that have in effect a policy that problem of methamphetamine, poly drugs violation of section 716 of title 18, United violates section 642 of the Illegal Immigra- and their associated crimes. The National States Code, reflects the gravity of this ag- tion Reform and Immigrant Responsibility Training Center in Sioux City, Iowa, seeks a gravating factor. Act of 1996 (8 U.S.C. 1373). comprehensive approach to control and re- SEC. 1192. OFFICIALLY APPROVED POSTAGE. (C) The number of criminal offenses that duce methamphetamine trafficking, produc- Section 475 of title 18, United States Code, have been committed by aliens unlawfully tion and usage through training. is amended by adding at the end the fol- present in the United States after having (b) AUTHORIZATION OF APPROPRIATIONS.— lowing: ‘‘Nothing in this section applies to been apprehended by States or local law en- There are authorized to be appropriated to evidence of postage payment approved by the forcement officials for a criminal offense and the Attorney General to carry out this sec- United States Postal Service.’’. subsequently being released without being tion the following amounts, to remain avail- SEC. 1193. AUTHORIZATION OF ADDITIONAL AP- referred to the Department of Homeland Se- able until expended: PROPRIATIONS. curity for removal from the United States. (1) $2,500,000 for fiscal year 2006. In addition to any other amounts author- (D) The number of aliens described in sub- (2) $3,000,000 for fiscal year 2007. ized by law, there are authorized to be appro- paragraph (C) who were released because the (3) $3,000,000 for fiscal year 2008. priated for grants to the American Prosecu- State or political subdivision lacked space or (4) $3,000,000 for fiscal year 2009. tors Research Institute under section 214A of funds for detention of the alien. SEC. 1190. SENSE OF CONGRESS RELATING TO the Victims of Child Abuse Act of 1990 (42 (2) IDENTIFICATION.—In the report sub- ‘‘GOOD TIME’’ RELEASE. U.S.C. 13003) $7,500,000 for each of fiscal years mitted under paragraph (1), the Inspector It is the sense of Congress that it is impor- 2006 through 2010. General of the United States Department of tant to study the concept of implementing a SEC. 1194. ASSISTANCE TO COURTS. Justice— ‘‘good time’’ release program for non-violent The chief judge of each United States dis- (A) shall include a list identifying each criminals in the Federal prison system. trict court is encouraged to cooperate with State or political subdivision of a State that SEC. 1191. PUBLIC EMPLOYEE UNIFORMS. requests from State and local authorities is determined to be described in subpara- whose operations have been significantly dis- (a) IN GENERAL.—Section 716 of title 18, graph (A) or (B) of paragraph (1); and United States Code, is amended— rupted as a result of Hurricane Katrina or (B) shall include a copy of any written pol- (1) by striking ‘‘police badge’’ each place it Hurricane Rita to provide accommodations icy determined to be described in subpara- appears in subsections (a) and (b) and insert- in Federal facilities for State and local graph (B). courts to conduct their proceedings. ing ‘‘official insignia or uniform’’; SEC. 1197. EXTENSION OF CHILD SAFETY PILOT (2) in each of paragraphs (2) and (4) of sub- SEC. 1195. STUDY AND REPORT ON CORRELATION PROGRAM. BETWEEN SUBSTANCE ABUSE AND Section 108 of the PROTECT Act (42 U.S.C. section (a), by striking ‘‘badge of the police’’ DOMESTIC VIOLENCE AT DOMESTIC and inserting ‘‘official insignia or uniform’’; VIOLENCE SHELTERS. 5119a note) is amended— (3) in subsection (b)— The Secretary of Health and Human Serv- (1) in subsection (a)— (A) by striking ‘‘the badge’’ and inserting ices shall carry out a study on the correla- (A) in paragraph (2)(B), by striking ‘‘A vol- ‘‘the insignia or uniform’’; tion between a perpetrator’s drug and alco- unteer organization in a participating State (B) by inserting ‘‘is other than a counter- hol abuse and the reported incidence of do- may not submit background check requests feit insignia or uniform and’’ before ‘‘is used mestic violence at domestic violence shel- under paragraph (3).’’; or is intended to be used’’; and ters. The study shall cover fiscal years 2006 (B) in paragraph (3)— (C) by inserting ‘‘is not used to mislead or through 2008. Not later than February 2009, (i) in subparagraph (A), by striking ‘‘a 30- deceive, or’’ before ‘‘is used or intended’’; the Secretary shall submit to Congress a re- month’’ and inserting ‘‘a 60-month’’; (4) in subsection (c)— port on the results of the study. (ii) in subparagraph (A), by striking (A) by striking ‘‘and’’ at the end of para- SEC. 1196. REAUTHORIZATION OF STATE CRIMI- ‘‘100,000’’ and inserting ‘‘200,000’’; and graph (1); NAL ALIEN ASSISTANCE PROGRAM. (iii) by striking subparagraph (B) and in- (B) by striking the period at the end of (a) AUTHORIZATION OF APPROPRIATIONS.— serting the following: paragraph (2) and inserting ‘‘; and’’; Section 241(i)(5) of the Immigration and Na- ‘‘(B) PARTICIPATING ORGANIZATIONS.— (C) by adding at the end the following: tionality Act (8 U.S.C. 1231(i)(5)) is amended ‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible or- ‘‘(3) the term ‘official insignia or uniform’ by striking ‘‘appropriated’’ and all that fol- ganizations include— means an article of distinctive clothing or lows through the period and inserting the ‘‘(I) the Boys and Girls Clubs of America; insignia, including a badge, emblem or iden- following: ‘‘appropriated to carry out this ‘‘(II) the MENTOR/National Mentoring tification card, that is an indicium of the au- subsection— Partnership; thority of a public employee; ‘‘(A) $750,000,000 for fiscal year 2006; ‘‘(III) the National Council of Youth ‘‘(4) the term ‘public employee’ means any ‘‘(B) $850,000,000 for fiscal year 2007; and Sports; and officer or employee of the Federal Govern- ‘‘(C) $950,000,000 for each of the fiscal years ‘‘(IV) any nonprofit organization that pro- ment or of a State or local government; and 2008 through 2011.’’. vides care, as that term is defined in section ‘‘(5) the term ‘uniform’ means distinctive (b) LIMITATION ON USE OF FUNDS.—Section 5 of the National Child Protection Act of 1993 clothing or other items of dress, whether 241(i)(6) of the Immigration and Nationality (42 U.S.C. 5119c), for children. real or counterfeit, worn during the perform- Act (8 U.S.C. 1231(i)(6)) is amended to read as ‘‘(ii) PILOT PROGRAM.—The eligibility of an ance of official duties and which identifies follows: organization described in clause (i)(IV) to the wearer as a public agency employee.’’; ‘‘(6) Amounts appropriated pursuant to the participate in the pilot program established and authorization of appropriations in paragraph under this section shall be determined by the (5) by adding at the end the following: (5) that are distributed to a State or political National Center for Missing and Exploited ‘‘(d) It is a defense to a prosecution under subdivision of a State, including a munici- Children, with the rejection or concurrence this section that the official insignia or uni- pality, may be used only for correctional within 30 days of the Attorney General, ac- form is not used or intended to be used to purposes.’’. cording to criteria established by such Cen- mislead or deceive, or is a counterfeit insig- (c) STUDY AND REPORT ON STATE AND LOCAL ter, including the potential number of appli- nia or uniform and is used or is intended to ASSISTANCE IN INCARCERATING UNDOCU- cants and suitability of the organization to be used exclusively— MENTED CRIMINAL ALIENS.— the intent of this section. If the Attorney ‘‘(1) for a dramatic presentation, such as a (1) IN GENERAL.—Not later than 1 year after General fails to reject or concur within 30 theatrical, film, or television production; or the date of the enactment of this Act, the In- days, the determination of the National Cen- ‘‘(2) for legitimate law enforcement pur- spector General of the United States Depart- ter for Missing and Exploited Children shall poses.’’; and ment of Justice shall perform a study, and be conclusive.’’; (6) in the heading for the section, by strik- report to the Committee on the Judiciary of (iv) by striking subparagraph (C) and in- ing ‘‘POLICE BADGES’’ and inserting ‘‘PUB- the United States House of Representatives serting the following: LIC EMPLOYEE INSIGNIA AND UNIFORM’’. and the Committee on the Judiciary of the ‘‘(C) APPLICANTS FROM PARTICIPATING ORGA- (b) CONFORMING AMENDMENT TO TABLE OF United States Senate on the following: NIZATIONS.—Participating organizations may SECTIONS.—The item in the table of sections (A) Whether there are States, or political request background checks on applicants for at the beginning of chapter 33 of title 18, subdivisions of a State, that have received positions as volunteers and employees who United States Code, relating to section 716 is compensation under section 241(i) of the Im- will be working with children or supervising amended by striking ‘‘Police badges’’ and in- migration and Nationality Act (8 U.S.C. volunteers.’’; serting ‘‘Public employee insignia and uni- 1231(i)) and are not fully cooperating in the (v) in subparagraph (D), by striking ‘‘the form’’. Department of Homeland Security’s efforts organizations described in subparagraph (C)’’ (c) DIRECTION TO SENTENCING COMMISSION.— to remove from the United States undocu- and inserting ‘‘participating organizations’’; The United States Sentencing Commission is mented criminal aliens (as defined in para- and directed to make appropriate amendments to graph (3) of such section). (vi) in subparagraph (F), by striking ‘‘14 sentencing guidelines, policy statements, (B) Whether there are States, or political business days’’ and inserting ‘‘10 business and official commentary to assure that the subdivisions of a State, that have received days’’;

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00235 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 S13924 CONGRESSIONAL RECORD — SENATE December 16, 2005 (2) in subsection (c)(1), by striking ‘‘and young adults who have had or are likely to (A) a summary of the activities carried out 2005’’ and inserting ‘‘through 2008’’; and have contact with the juvenile justice sys- with such grants; (3) in subsection (d)(1), by adding at the tem; (B) an assessment by the Attorney General end the following: (ii) fostering positive relationships be- of the program carried out; and ‘‘(O) The extent of participation by eligible tween program participants and supportive (C) such other information as the Attorney organizations in the state pilot program.’’. adults in the community; and General considers appropriate. SEC. 1198. TRANSPORTATION AND SUBSISTENCE (iii) accessing comprehensive supports for (e) FEDERAL SHARE.— FOR SPECIAL SESSIONS OF DIS- program participants through coordinated (1) IN GENERAL.—The Federal share of a TRICT COURTS. community referral networks, including job grant awarded under this Act shall not ex- (a) TRANSPORTATION AND SUBSISTENCE.— opportunities, educational programs, coun- ceed 90 percent of the total program costs. Section 141(b) of title 28, United States Code, seling services, substance abuse programs, (2) NON-FEDERAL SHARE.—The non-Federal as added by section 2(b) of Public Law 109-63, recreational opportunities, and other serv- share of such cost may be provided in cash or is amended by adding at the end the fol- ices; in-kind. lowing: (B) A program goal of almost daily con- (f) DEFINITIONS.—In this section: ‘‘(5) If a district court issues an order exer- tacts with and supervision of participating (1) UNIT OF LOCAL GOVERNMENT.—The term cising its authority under paragraph (1), the juveniles and young adults through small ‘‘unit of local government’’ means a county, court shall direct the United States marshal caseloads and a coordinated team approach township, city, or political subdivision of a of the district where the court is meeting to among case managers drawn from the com- county, township, or city, that is a unit of furnish transportation and subsistence to munity, probation officers, and police offi- local government as determined by the Sec- the same extent as that provided in sections cers; retary of Commerce for general statistical 4282 and 4285 of title 18.’’. (C) The use of existing structures, local purposes. (b) AUTHORIZATION OF APPROPRIATIONS.— government agencies, and nonprofit organi- (2) JUVENILE.—The term ‘‘juvenile’’ means There are authorized to be appropriated such zations to operate the program; an individual who is 17 years of age or sums as may be necessary to carry out para- (D) Inclusion in program staff of individ- younger. graph (5) of section 141(b) of title 28, United uals who live or have lived in the community (3) YOUNG ADULT.—The term ‘‘young adult’’ States Code, as added by subsection (a) of in which the program operates; have per- means an individual who is 18 through 24 this section. sonal experiences or cultural competency years of age. SEC. 1199. YOUTH VIOLENCE REDUCTION DEM- that build credibility in relationships with (g) AUTHORIZATION OF APPROPRIATIONS.— ONSTRATION PROJECTS. program participants; and will serve as a There are authorized to be appropriated to (a) ESTABLISHMENT OF YOUTH VIOLENCE RE- case manager, intermediary, and mentor; carry out this section $50,000,000 for fiscal DUCTION DEMONSTRATION PROJECTS.— (E) Fieldwork and neighborhood outreach year 2007 and such sums as may be necessary (1) IN GENERAL.—The Attorney General in communities where the young violent of- shall make up to 5 grants for the purpose of for each of fiscal years 2008 through 2009, to fenders live, including support of the pro- remain available until expended. carrying out Youth Violence Demonstration gram from local public and private organiza- Projects to reduce juvenile and young adult tions and community members; SA 2682. Mr. FRIST (for Mr. DOMEN- violence, homicides, and recidivism among (F) Imposition of graduated probation ICI) proposed an amendment to the bill high-risk populations. sanctions to deter violent and criminal be- (2) ELIGIBLE ENTITIES.—An entity is eligi- havior. S. 1096, to amend the Wild and Scenic ble for a grant under paragraph (1) if it is a (G) A record of program operation and ef- Rivers Act to designate portions of the unit of local government or a combination of fectiveness evaluation over a period of at Musconetcong River in the State of local governments established by agreement least five years prior to the date of enact- New Jersey as a component of the Na- for purposes of undertaking a demonstration ment of this Act; tional Wild and Scenic Rivers System, project. (H) A program structure that can serve as and for other purposes; as follows: (b) SELECTION OF GRANT RECIPIENTS.— a model for other communities in addressing On page 2, line 16, strike ‘‘2002’’ and insert (1) AWARDS.—The Attorney General shall the problem of youth violence and juvenile ‘‘2003’’. award grants for Youth Violence Reduction and young adult recidivism. On page 3, line 19, strike ‘‘2002’’ and insert Demonstration Projects on a competitive (c) AUTHORIZED ACTIVITIES.—Amounts paid basis. to an eligible entity under a grant award ‘‘2003’’. (2) AMOUNT OF AWARDS.—No single grant may be used for the following activities: award made under subsection (a) shall ex- (1) Designing and enhancing program ac- SA 2683. Mr. FRIST (for Mr. DOMEN- ceed $15,000,000 per fiscal year. tivities; ICI) proposed an amendment to the bill (3) APPLICATION.—An application for a (2) Employing and training personnel. S. 1310, to authorize the Secretary of grant under paragraph (1) shall be submitted (3) Purchasing or leasing equipment. the Interior to allow the Columbia Gas to the Attorney General in such a form, and (4) Providing services and training to pro- Transmission Corporation to increase containing such information and assurances, gram participants and their families. the diameter of a natural gas pipeline as the Attorney General may require, and at (5) Supporting related law enforcement and located in the Delaware Water Gap Na- a minimum shall propose— probation activities, including personnel tional Recreation Area, to allow cer- (A) a program strategy targeting areas costs. with the highest incidence of youth violence (6) Establishing and maintaining a system tain commerial vehicles to continue to and homicides; of program records. use Route 209 within the Delaware (B) outcome measures and specific objec- (7) Acquiring, constructing, expanding, Water Gap National Recreation Area, tive indicia of performance to assess the ef- renovating, or operating facilities to support and to extend the termination date of fectiveness of the program; and the program. the National Park System Advisory (C) a plan for evaluation by an independent (8) Evaluating program effectiveness. Board to January 1, 2007; as follows: third party. (9) Undertaking other activities deter- Strike all after the enacting clause and in- (4) DISTRIBUTION.—In making grants under mined by the Attorney General as consistent sert the following: this section, the Attorney General shall en- with the purposes and requirements of the sure the following: demonstration program. SECTION 1. SHORT TITLE. (A) No less than 1 recipient is a city with (d) EVALUATION AND REPORTS.— This Act may be cited as the ‘‘Delaware a population exceeding 1,000,000 and an in- (1) INDEPENDENT EVALUATION.—The Attor- Water Gap National Recreation Area Im- crease of at least 30 percent in the aggre- ney General may use up to $500,000 of funds provement Act’’. gated juvenile and young adult homicide vic- appropriated annually under this such sec- SEC. 2. DEFINITIONS. timization rate during calendar year 2005 as tion to— In this Act: compared to calendar year 2004. (A) prepare and implement a design for in- (1) CORPORATION.—The term ‘‘Corporation’’ (B) No less than one recipient is a non- terim and overall evaluations of performance means the Columbia Gas Transmission Cor- metropolitan county or group of counties and progress of the funded demonstration poration. with per capita arrest rates of juveniles and projects; (2) PIPELINE.—The term ‘‘pipeline’’ means young adults for serious violent offenses that (B) provide training and technical assist- that portion of the pipeline of the Corpora- exceed the national average for nonmetro- ance to grant recipients; and tion numbered 1278 that is— politan counties by at least 5 percent. (C) disseminate broadly the information (A) located in the Recreation Area; and (5) CRITERIA.—In making grants under this generated and lessons learned from the oper- (B) situated on 2 tracts designated by the section, the Attorney General shall give ation of the demonstration projects. Corporation as ROW No. 16405 and No. 16413. preference to entities operating programs (2) REPORTS TO CONGRESS.—Not later than (3) RECREATION AREA.—The term ‘‘Recre- that meet the following criteria: 120 days after the last day of each fiscal year ation Area’’ means the Delaware Water Gap (A) A program focus on for which 1 or more demonstration grants National Recreation Area in the Common- (i) reducing youth violence and homicides, are awarded, the Attorney General shall sub- wealth of Pennsylvania. with an emphasis on juvenile and young mit to Congress a report which shall in- (4) SECRETARY.—The term ‘‘Secretary’’ adult probationers and other juveniles and clude— means the Secretary of the Interior.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00236 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.212 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13925

(5) SUPERINTENDENT.—The term ‘‘Super- (i) an easement authorized under sub- Tennessee, Vermont, Virginia, and Wis- intendent’’ means the Superintendent of the section (a); or consin; and Recreation Area. (ii) a permit issued under subsection (c); or On page 4, line 18, strike ‘‘23’’ and insert SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS (B) fails to submit or timely implement a ‘‘42’’. PIPELINE. restoration and mitigation plan approved On page 4, line 19, strike ‘‘9’’ and insert (a) IN GENERAL.—The Secretary may enter under subsection (c)(2)(C); and ‘‘28’’. into an agreement with the Corporation to (2) the violation or failure destroys, results grant to the Corporation an easement to en- in the loss of, or injures any park system re- SA 2686. Mr. FRIST (for Mr. SHELBY) large the diameter of the pipeline from 14 source (as defined in section 1 of Public Law inches to not more than 20 inches. 101–337 (16 U.S.C. 19jj)). proposed an amendment to the bill S. (b) TERMS AND CONDITIONS.—The easement SEC. 4. USE OF CERTAIN ROADS WITHIN DELA- 863, to require the Secretary of the authorized under subsection (a) shall— WARE WATER GAP. Treasury to mint coins in commemora- (1) be consistent with— Section 702 of Division I of the Omnibus tion of the centenary of the bestowal of (A) the recreational values of the Recre- Parks and Public Lands Management Act of the Nobel Peace Prize on President ation Area; and 1996 (Public Law 104-333; 110 Stat. 4185) is Theodore Roosevelt, and for other pur- (B) protection of the resources of the amended— poses; as follows: Recreation Area; (1) in subsection (a), by striking ‘‘at noon (2) include provisions for the protection of on September 30, 2005’’ and inserting ‘‘on the On page 11, after line 15, add the following: resources in the Recreation Area that ensure earlier of the date on which a feasible alter- SEC. 8. CONTINUED ISSUANCE OF 5-CENT COINS that only the minimum and necessary native is available or noon of September 30, MINTED IN 2004 AND 2005. amount of disturbance, as determined by the 2015’’; and Notwithstanding the fifth sentence of sec- Secretary, shall occur during the construc- (2) in subsection (c)— tion 5112(d)(1) of title 31, United States Code, tion or maintenance of the enlarged pipeline; (A) in paragraph (1), by striking ‘‘Sep- the Secretary of the Treasury may continue (3) be consistent with the laws (including tember 30, 2005’’ and inserting ‘‘on the earlier to issue, after December 31, 2005, numismatic regulations) and policies applicable to units of the date on which a feasible alternative is items that contain 5-cent coins minted in of the National Park System; and available or September 30, 2015’’; and the years 2004 and 2005. (4) be subject to any other terms and con- (B) in paragraph (2)— SEC. 9. LEWIS AND CLARK COIN AMENDMENTS. ditions that the Secretary determines to be (i) by striking ‘‘noon on September 30, Section 308 of the Lewis and Clark Expedi- necessary; 2005’’ and inserting ‘‘the earlier of the date tion Bicentennial Commemorative Coin Act (c) PERMITS.— on which a feasible alternative is available (31 U.S.C. 5112 note) is amended— (1) IN GENERAL.—The Superintendent may or noon of September 30, 2015’’; and (1) in subsection (a), by striking ‘‘Sec- issue a permit to the Corporation for the use (ii) by striking ‘‘not exceed $25 per trip’’ retary as:’’ and all that follows through the of the Recreation Area in accordance with and inserting the following: ‘‘be established end of the subsection and inserting the fol- subsection (b) for the temporary construc- at a rate that would cover the cost of collec- lowing: ‘‘Secretary for expenditure on activi- tion and staging areas required for the con- tion of the commercial use fee, but not to ex- ties associated with commemorating the bi- struction of the enlarged pipeline. ceed $40 per trip’’. centennial of the Lewis and Clark Expedi- (2) PRIOR TO ISSUANCE.—The easement au- SEC. 5. TERMINATION OF NATIONAL PARK SYS- tion, as follows: thorized under subsection (a) and the permit TEM ADVISORY BOARD. ‘‘(1) NATIONAL COUNCIL OF THE LEWIS AND authorized under paragraph (1) shall require Effective on January 1, 2006, section 3(f) of CLARK BICENTENNIAL.—One-half to the Na- that before the Superintendent issues a per- the Act of August 21, 1935 (16 U.S.C. 463(f)) is tional Council of the Lewis and Clark Bicen- mit for any clearing or construction, the amended in the first sentence by striking tennial. Corporation shall— ‘‘2006’’ and inserting ‘‘2007’’. ‘‘(2) MISSOURI HISTORICAL SOCIETY.—One- (A) consult with the Superintendent; half to the Missouri Historical Society.’’; (B) identify natural and cultural resources SA 2684. Mr. FRIST (for Mr. DOMEN- (2) by redesignating subsection (b) as sub- of the Recreation Area that may be damaged ICI) proposed an amendment to the bill section (c); and or lost because of the clearing or construc- S. 1310, to authorize the Secretary of (3) by inserting after subsection (a) the fol- tion; and the Interior to allow the Columbia Gas lowing: (C) submit to the Superintendent for ap- Transmission Corporation to increase ‘‘(b) TRANSFER OF UNEXPENDED FUNDS.— proval a restoration and mitigation plan Any proceeds referred to in subsection (a) that— the diameter of a natural gas pipeline that were dispersed by the Secretary and re- (i) describes how the land subject to the located in the Delaware Water Gap Na- main unexpended by the National Council of easement will be maintained; and tional Recreation Area, to allow cer- the Lewis and Clark Bicentennial or the Mis- (ii) includes a schedule for, and description tain commercial vehicles to continue souri Historical Society as of June 30, 2007, of, the specific activities to be carried out by to use Route 209 within the Delaware shall be transferred to the Lewis and Clark the Corporation to mitigate the damages or Water Gap National Recreation Area, Trail Heritage Foundation for the purpose of losses to, or restore, the natural and cultural and to extend the termination date of establishing a trust for the stewardship of resources of the Recreation Area identified the National Park System Advisory the Lewis and Clark National Historic under subparagraph (B). Trail.’’. (d) PIPELINE REPLACEMENT REQUIRE- Board to January 1, 2007; as follows: MENTS.—The enlargement of the pipeline au- Amend the title so as to read: ‘‘A bill to SA 2687. Mr. FRIST (for Mr. MCCAIN) thorized under subsection (a) shall be consid- authorize the Secretary of the Interior to proposed an amendment to the bill S. ered to meet the pipeline replacement re- allow the Columbia Gas Transmission Cor- 1312, to amend a provision relating to quirements required by the Research and poration to increase the diameter of a nat- Special Programs Administration of the De- ural gas pipeline located in the Delaware employees of the United States as- partment of Transportation (CPF No. 1–2002– Water Gap National Recreation Area, to signed to, or employed by, and Indian 1004–H). allow certain commercial vehicles to con- tribe, and for other purposes; as fol- (e) FERC CONSULTATION.—The Corporation tinue to use Route 209 within Delaware lows: shall comply with all other requirements for Water Gap National Recreation Area, and to certification by the Federal Energy Regu- extend the termination date of the National Strike all after the enacting clause and in- latory Commission that are necessary to per- Park System Advisory Board to January 1, sert the following: mit the increase in pipeline size. 2007.’’. SECTION 1. SHORT TITLE. (f) LIMITATION.—The Secretary shall not This Act may be cited as the ‘‘Reducing grant any additional increases in the diame- SA 2685. Mr. FRIST (for Mr. SAR- Conflicts of Interests in the Representation ter of, or easements for, the pipeline within BANES) proposed an amendment to the of Indian Tribes Act of 2005’’. the boundary of the Recreation Area after bill S. 959, to establish the Star-Span- SEC. 2. ADDITIONAL EMPLOYMENT RIGHTS. the date of enactment of this Act. gled Banner and War of 1812 Bicenten- (g) EFFECT ON RIGHT-OF-WAY EASEMENT.— Section 104 of the Indian Self-Determina- Nothing in this Act increases the 50-foot nial Commission, and for other pur- tion and Education Assistance Act (25 U.S.C. right-of-way easement for the pipeline. poses; as follows: 450i) is amended by striking subsection (j) (h) PENALTIES.—On request of the Sec- On page 4, strike lines 6 through 8, and in- and inserting the following: retary, the Attorney General may bring a sert the following: ‘‘(j) ADDITIONAL EMPLOYMENT RIGHTS.— civil action against the Corporation in (A) means the States of Alabama, Con- ‘‘(1) DEFINITION OF TRIBAL EMPLOYEE.—In United States district court to recover dam- necticut, Delaware, Florida, Georgia, Illi- this subsection, the term ‘tribal employee’, ages and response costs under Public Law nois, Indiana, Iowa, Kentucky, Louisiana, with respect to an Indian tribal government, 101–337 (16 U.S.C. 19jj et seq.) or any other ap- Maine, Maryland, Massachusetts, Michigan, means an individual acting under the day-to- plicable law if— Mississippi, Missouri, New Hampshire, New day control or supervision of the Indian trib- (1) the Corporation— Jersey, New York, North Carolina, Ohio, al government, unaffected by the control or (A) violates a provision of— Pennsylvania, Rhode Island, South Carolina, supervision of any independent contractor,

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00237 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.198 S16DEPT1 S13926 CONGRESSIONAL RECORD — SENATE December 16, 2005

agency or organization, or intervening sov- mined by the Secretary, for the C.W. Bill (2) EXTENSIONS.—Subject to paragraph ereignty. Young Cell Transplantation Program; and (1)(B), the Secretary may extend the period ‘‘(2) RIGHTS OF CERTAIN EMPLOYEES.—Not- (6) to submit data in a standardized elec- of funding under a contract under this sec- withstanding sections 205 and 207 of title 18, tronic format for inclusion in the stem cell tion to exceed a period of 3 years if— United States Code, an officer or employee of therapeutic outcomes database maintained (A) the Secretary finds that 150,000 new the United States assigned to an Indian tribe under section 379A of the Public Health Serv- units of high-quality cord blood have not yet under section 3372 of title 5, United States ice Act, as amended by this Act. been collected pursuant to this section; and Code, or section 2072 of the Revised Statutes (c) RELATED CORD BLOOD DONORS.— (B) the Secretary does not receive an appli- (25 U.S.C. 48), or an individual that was for- (1) IN GENERAL.—The Secretary shall estab- cation for a contract under this section from merly an officer or employee of the United lish a 3-year demonstration project under any qualified cord blood bank that has not States and who is a tribal employee or an which qualified cord blood banks receiving a previously entered into a contract under this elected or appointed official of an Indian contract under this section may use a por- section or the Secretary determines that the tribe carrying out an official duty of the tion of the funding under such contract for outstanding inventory need cannot be met tribal employee or official may communicate the collection and storage of cord blood units by the one or more qualified cord blood with and appear before any department, for a family where a first-degree relative has banks that have submitted an application for agency, court, or commission on behalf of been diagnosed with a condition that will a contract under this section. the Indian tribe on any matter, including benefit from transplantation (including se- (3) PREFERENCE.—In considering contract any matter in which the United States is a lected blood disorders, malignancies, meta- extensions under paragraph (2), the Sec- party or has a direct and substantial inter- bolic storage disorders, hemoglobinopathies, retary shall give preference to qualified cord est. and congenital immunodeficiencies) at no blood banks that the Secretary determines ‘‘(3) NOTIFICATION OF INVOLVEMENT IN PEND- cost to such family. Qualified cord blood have demonstrated a superior ability to sat- ING MATTER.—An officer, employee, or former banks collecting cord blood units under this isfy the requirements described in subsection officer or employee described in paragraph paragraph shall comply with the require- (b) and to achieve the overall goals for which (2) shall submit to the head of each appro- ments of paragraphs (1), (2), (3), and (5) of the contract was awarded. priate department, agency, court, or com- subsection (b). (f) REGULATIONS.—The Secretary may pro- mission, in writing, a notification of any per- (2) AVAILABILITY.—Qualified cord blood mulgate regulations to carry out this sec- sonal and substantial involvement the offi- banks that are operating a program under tion. cer, employee, or former officer or employee paragraph (1) shall provide assurances that (g) DEFINITIONS.—In this section: had as an officer or employee of the United the cord blood units in such banks will be (1) The term ‘‘C. W. Bill Young Cell Trans- States with respect to the pending matter.’’. available for directed transplantation until plantation Program’’ means the C.W. Bill such time that the cord blood unit is re- SEC. 3. EFFECTIVE DATE. Young Cell Transplantation Program under The effective date of the amendment made leased for transplantation or is transferred section 379 of the Public Health Service Act, by this Act shall be the date that is 1 year by the family to the C.W. Bill Young Cell as amended by this Act. after the date of enactment of this Act. Transplantation Program in accordance with (2) The term ‘‘cord blood donor’’ means a guidance or regulations promulgated by the mother who has delivered a baby and con- SA 2688. Mr. FRIST (for Mr. HATCH Secretary. sents to donate the neonatal blood remain- (for himself, Mr. BURR, and Mr. ENZI)) (3) INVENTORY.—Cord blood units collected ing in the placenta and umbilical cord after proposed an amendment to the bill through the program under this section shall separation from the newborn baby. not be counted toward the 150,000 inventory (3) The term ‘‘cord blood unit’’ means the H.R. 2520, to provide for the collection goal under the C.W. Bill Young Cell Trans- and maintenance of human cord blood neonatal blood collected from the placenta plantation Program. and umbilical cord of a single newborn baby. stem cells for the treatment of patients (4) REPORT.—Not later than 90 days after (4) The term ‘‘first-degree relative’’ means and research, and to amend the Public the date on which the project under para- a sibling or parent who is one meiosis away Health Service Act to authorize the graph (1) is terminated by the Secretary, the from a particular individual in a family. C.W. Bill Young Cell Transplantation Secretary shall submit to Congress a report (5) The term ‘‘qualified cord blood bank’’ Program; as follows: on the outcomes of the project that shall in- has the meaning given to that term in sec- clude the recommendations of the Secretary Strike all after the enacting clause and in- tion 379(d)(4) of the Public Health Service with respect to the continuation of such sert the following: Act, as amended by this Act. project. SECTION 1. SHORT TITLE. (6) The term ‘‘Secretary’’ means the Sec- (d) APPLICATION.—To seek to enter into a retary of Health and Human Services. This Act may be cited as the ‘‘Stem Cell contract under this section, a qualified cord (h) AUTHORIZATION OF APPROPRIATIONS.— Therapeutic and Research Act of 2005’’. blood bank shall submit an application to (1) EXISTING FUNDS.—Any amounts appro- SEC. 2. CORD BLOOD INVENTORY. the Secretary at such time, in such manner, priated to the Secretary for fiscal year 2004 (a) IN GENERAL.—The Secretary of Health and containing such information as the Sec- or 2005 for the purpose of assisting in the col- and Human Services shall enter into one- retary may reasonably require. At a min- lection or maintenance of cord blood shall time contracts with qualified cord blood imum, an application for a contract under remain available to the Secretary until the banks to assist in the collection and mainte- this section shall include a requirement that nance of 150,000 new units of high-quality the applicant— end of fiscal year 2007. cord blood to be made available for trans- (1) will participate in the C.W. Bill Young (2) SUBSEQUENT FISCAL YEARS.—There are plantation through the C.W. Bill Young Cell Cell Transplantation Program for a period of authorized to be appropriated to the Sec- Transplantation Program and to carry out at least 10 years; retary $15,000,000 for each of fiscal years 2007, the requirements of subsection (b). (2) will make cord blood units collected 2008, 2009, and 2010 to carry out this section. (3) LIMITATION.—Not to exceed 5 percent of (b) REQUIREMENTS.—The Secretary shall re- pursuant to this section available through quire each recipient of a contract under this the C.W. Bill Young Cell Transplantation the amount appropriated under this section section— Program in perpetuity or for such time as in each of fiscal years 2007 through 2009 may (1) to acquire, tissue-type, test, determined viable by the Secretary; and be used to carry out the demonstration cryopreserve, and store donated units of cord (3) if the Secretary determines through an project under subsection (c). blood acquired with the informed consent of assessment, or through petition by the appli- SEC. 3. C.W. BILL YOUNG CELL TRANSPLAN- the donor, as determined by the Secretary cant, that a cord blood bank is no longer TATION PROGRAM. pursuant to section 379(c) of the Public operational or does not meet the require- (a) NATIONAL PROGRAM.—Section 379 of the Health Service Act, in a manner that comments of section 379(d)(4) of the Public Public Health Service Act (42 U.S.C. 274k) is plies with applicable Federal and State regu- Health Service Act (as added by this Act) amended to read as follows: lations; and as a result may not distribute the units, ‘‘SEC. 379. NATIONAL PROGRAM. (2) to encourage donation from a geneti- transfer the units collected pursuant to this ‘‘(a) ESTABLISHMENT.—The Secretary, act- cally diverse population; section to another qualified cord blood bank ing through the Administrator of the Health (3) to make cord blood units that are col- approved by the Secretary to ensure contin- Resources and Services Administration, lected pursuant to this section or otherwise ued availability of cord blood units. shall by one or more contracts establish and and meet all applicable Federal standards (e) DURATION OF CONTRACTS.— maintain a C.W. Bill Young Cell Transplan- available to transplant centers for transplan- (1) IN GENERAL.—Except as provided in tation Program (referred to in this section as tation; paragraph (2), the term of each contract en- the ‘Program’), successor to the National (4) to make cord blood units that are col- tered into by the Secretary under this sec- Bone Marrow Donor Registry, that has the lected, but not appropriate for clinical use, tion shall be for 10 years. The Secretary purpose of increasing the number of trans- available for peer-reviewed research; shall ensure that no Federal funds shall be plants for recipients suitably matched to (5) to make data available, as required by obligated under any such contract after the biologically unrelated donors of bone mar- the Secretary and consistent with section earlier of— row and cord blood, and that meets the re- 379(d)(3) of the Public Health Service Act (42 (A) the date that is 3 years after the date quirements of this section. The Secretary U.S.C. 274k(d)(3)), as amended by this Act, in on which the contract is entered into; or may award a separate contract to perform a standardized electronic format, as deter- (B) September 30, 2010. each of the major functions of the Program

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00238 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.200 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13927 described in paragraphs (1) and (2) of sub- ‘‘(A) an annual report on the activities car- ‘‘(K) facilitate research with the appro- section (d) if deemed necessary by the Sec- ried out under this section; and priate Federal agencies to improve the avail- retary to operate an effective and efficient ‘‘(B) not later than 6 months after the date ability, efficiency, safety, and cost of trans- system that is in the best interest of pa- of the enactment of the Stem Cell Thera- plants from unrelated donors and the effec- tients. The Secretary shall conduct a sepa- peutic and Research Act of 2005, a report of tiveness of Program operations. rate competition for the initial establish- recommendations on the scientific factors ‘‘(2) CORD BLOOD FUNCTIONS.—With respect ment of the cord blood functions of the Pro- necessary to define a cord blood unit as a to cord blood, the Program shall— gram. The Program shall be under the gen- high-quality unit. ‘‘(A) operate a system for identifying, eral supervision of the Secretary. The Sec- ‘‘(b) ACCREDITATION.—The Secretary shall, matching, and facilitating the distribution retary shall establish an Advisory Council to through a public process, recognize one or of donated cord blood units that are suitably advise, assist, consult with, and make rec- more accreditation entities for the accredi- matched to candidate patients and meet all ommendations to the Secretary on matters tation of cord blood banks. related to the activities carried out by the applicable Federal and State regulations (in- ‘‘(c) INFORMED CONSENT.—The Secretary cluding informed consent and Food and Drug Program. The members of the Advisory shall, through a public process, examine Council shall be appointed in accordance Administration regulations) from a qualified issues of informed consent, including— cord blood bank; with the following: ‘‘(1) the appropriate timing of such con- ‘‘(1) Each member of the Advisory Council ‘‘(B) consistent with paragraph (3), allow sent; and transplant physicians, other appropriate shall serve for a term of 2 years, and each ‘‘(2) the information provided to the mater- such member may serve as many as 3 con- health care professionals, and patients to nal donor regarding all of her medically ap- search by means of electronic access all secutive 2-year terms, except that propriate cord blood options. ‘‘(A) such limitations shall not apply to available cord blood units made available the Chair of the Advisory Council (or the Based on such examination, the Secretary through the Program; Chair-elect) or to the member of the Advi- shall require that the standards used by the ‘‘(C) allow transplant physicians and other sory Council who most recently served as the accreditation entities recognized under sub- appropriate health care professionals to re- Chair; and section (b) ensure that a cord blood unit is serve, as defined by the Secretary, a cord ‘‘(B) 1 additional consecutive 2-year term acquired with the informed consent of the blood unit for transplantation; may be served by any member of the Advi- maternal donor. ‘‘(D) support studies and demonstration sory Council who has no employment, gov- ‘‘(d) FUNCTIONS.— and outreach projects for the purpose of in- ernance, or financial affiliation with any ‘‘(1) BONE MARROW FUNCTIONS.—With re- creasing cord blood donation to ensure a ge- donor center, recruitment organization, spect to bone marrow, the Program shall— netically diverse collection of cord blood transplant center, or cord blood bank. ‘‘(A) operate a system for identifying, units; ‘‘(2) A member of the Advisory Council matching, and facilitating the distribution ‘‘(E) provide for a system of patient advo- may continue to serve after the expiration of of bone marrow that is suitably matched to cacy through the office established under the term of such member until a successor is candidate patients; subsection (h); appointed. ‘‘(B) consistent with paragraph (3), permit ‘‘(F) coordinate with the qualified cord ‘‘(3) In order to ensure the continuity of transplant physicians, other appropriate blood banks to support informational and the Advisory Council, the Advisory Council health care professionals, and patients to educational activities in accordance with shall be appointed so that each year the search by means of electronic access all subsection (g); terms of approximately one-third of the available bone marrow donors listed in the ‘‘(G) maintain and expand medical contin- members of the Advisory Council expire. Program; gency response capabilities, in coordination ‘‘(4) The membership of the Advisory Coun- ‘‘(C) carry out a program for the recruit- with Federal programs, to prepare for and re- cil— ment of bone marrow donors in accordance spond effectively to biological, chemical, or with subsection (e), including with respect to ‘‘(A) shall include as voting members a bal- radiological attacks, and other public health increasing the representation of racial and anced number of representatives including emergencies that can damage marrow, so representatives of marrow donor centers and ethnic minority groups (including persons of that the capability of supporting patients marrow transplant centers, representatives mixed ancestry) in the enrollment of the with marrow damage from disease can be of cord blood banks and participating birth- Program; used to support casualties with marrow dam- ing hospitals, recipients of a bone marrow ‘‘(D) maintain and expand medical contin- age; and transplant, recipients of a cord blood trans- gency response capabilities, in coordination ‘‘(H) with respect to the system under sub- plant, persons who require such transplants, with Federal programs, to prepare for and re- paragraph (A), collect, analyze, and publish family members of such a recipient or family spond effectively to biological, chemical, or data in a standardized electronic format, as members of a patient who has requested the radiological attacks, and other public health required by the Secretary, on the number assistance of the Program in searching for emergencies that can damage marrow, so an unrelated donor of bone marrow or cord that the capability of supporting patients and percentage of patients at each of the blood, persons with expertise in bone marrow with marrow damage from disease can be various stages of the search process, includ- and cord blood transplantation, persons with used to support casualties with marrow dam- ing data regarding the furthest stage expertise in typing, matching, and trans- age; reached, the number and percentage of pa- plant outcome data analysis, persons with ‘‘(E) carry out informational and edu- tients who are unable to complete the search expertise in the social sciences, basic sci- cational activities in accordance with sub- process, and the reasons underlying such cir- entists with expertise in the biology of adult section (e); cumstances. stem cells, and members of the general pub- ‘‘(F) at least annually update information ‘‘(3) SINGLE POINT OF ACCESS; STANDARD lic; and to account for changes in the status of indi- DATA.— ‘‘(B) shall include as nonvoting members viduals as potential donors of bone marrow; ‘‘(A) SINGLE POINT OF ACCESS.—The Sec- representatives from the Department of De- ‘‘(G) provide for a system of patient advo- retary shall ensure that health care profes- fense Marrow Donor Recruitment and Re- cacy through the office established under sionals and patients are able to search elec- search Program operated by the Department subsection (h); tronically for and facilitate access to, in the of the Navy, the Division of Transplantation ‘‘(H) provide case management services for manner and to the extent defined by the Sec- of the Health Resources and Services Admin- any potential donor of bone marrow to whom retary and consistent with the functions de- istration, the Food and Drug Administra- the Program has provided a notice that the scribed in paragraphs (1)(A) and (2)(A), cells tion, and the National Institutes of Health. potential donor may be suitably matched to from bone marrow donors and cord blood ‘‘(5) Members of the Advisory Council shall a particular patient through the office estab- units through a single point of access. be chosen so as to ensure objectivity and bal- lished under subsection (h); ‘‘(B) STANDARD DATA.—The Secretary shall ance and reduce the potential for conflicts of ‘‘(I) with respect to searches for unrelated require all recipients of contracts under this interest. The Secretary shall establish by- donors of bone marrow that are conducted section to make available a standard dataset laws and procedures— through the system under subparagraph (A), for purposes of subparagraph (A) in a stand- ‘‘(A) to prohibit any member of the Advi- collect, analyze, and publish data in a standardized electronic format that enables trans- sory Council who has an employment, gov- ardized electronic format on the number and plant physicians to compare among and be- ernance, or financial affiliation with a donor percentage of patients at each of the various tween bone marrow donors and cord blood center, recruitment organization, transplant stages of the search process, including data units to ensure the best possible match for center, or cord blood bank from partici- regarding the furthest stage reached, the the patient. pating in any decision that materially af- number and percentage of patients who are ‘‘(4) DEFINITION.—The term ‘qualified cord fects the center, recruitment organization, unable to complete the search process, and blood bank’ means a cord blood bank that— transplant center, or cord blood bank; and the reasons underlying such circumstances; ‘‘(A) has obtained all applicable Federal ‘‘(B) to limit the number of members of the ‘‘(J) support studies and demonstration and State licenses, certifications, registra- Advisory Council with any such affiliation. and outreach projects for the purpose of in- tions (including pursuant to the regulations ‘‘(6) The Secretary, acting through the Ad- creasing the number of individuals who are of the Food and Drug Administration), and visory Council, shall submit to the Con- willing to be marrow donors to ensure a ge- other authorizations required to operate and gress— netically diverse donor pool; and maintain a cord blood bank;

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00239 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.201 S16DEPT1 S13928 CONGRESSIONAL RECORD — SENATE December 16, 2005 ‘‘(B) has implemented donor screening, (a) to carry out the functions described in scribing the needs of patients with respect to cord blood collection practices, and proc- subsection (d)(1). cord blood units. essing methods intended to protect the ‘‘(f) BONE MARROW CRITERIA, STANDARDS, ‘‘(ii) Educating and providing information health and safety of donors and transplant AND PROCEDURES.—The Secretary shall en- to pregnant women who are willing to do- recipients to improve transplant outcomes, force, for participating entities, including nate cord blood units. including with respect to the transmission of the Program, individual marrow donor cen- ‘‘(iii) Training individuals in requesting potentially harmful infections and other dis- ters, marrow donor registries, marrow col- pregnant women to serve as cord blood do- eases; lection centers, and marrow transplant cen- nors. ‘‘(C) is accredited by an accreditation enti- ters— ‘‘(B) PRIORITIES.—In carrying out informa- ty recognized by the Secretary under sub- ‘‘(1) quality standards and standards for tional and educational activities under subsection (b); tissue typing, obtaining the informed con- paragraph (A), the Program shall give pri- ‘‘(D) has established a system of strict consent of donors, and providing patient advo- ority to supporting the recruitment of preg- fidentiality to protect the identity and pri- cacy; nant women to serve as donors of cord blood vacy of patients and donors in accordance ‘‘(2) donor selection criteria, based on es- for populations that are identified under with existing Federal and State law; tablished medical criteria, to protect both paragraph (1). ‘‘(E) has established a system for encour- the donor and the recipient and to prevent ‘‘(3) TRANSPLANTATION AS TREATMENT OP- aging donation by a genetically diverse the transmission of potentially harmful in- TION.—In addition to activities regarding re- group of donors; and fectious diseases such as the viruses that cruitment, the recruitment program under ‘‘(F) has established a system to confiden- cause hepatitis and the etiologic agent for paragraph (1) shall provide information to tially maintain linkage between a cord blood Acquired Immune Deficiency Syndrome; physicians, other health care professionals, unit and a maternal donor. ‘‘(3) procedures to ensure the proper collec- and the public regarding cord blood trans- ‘‘(e) BONE MARROW RECRUITMENT; PRIOR- tion and transportation of the marrow; plants from donors as a treatment option. ITIES; INFORMATION AND EDUCATION.— ‘‘(4) standards for the system for patient ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The ‘‘(1) RECRUITMENT; PRIORITIES.—The Pro- advocacy operated under subsection (h), in- requirements of this subsection shall be car- gram shall carry out activities for the re- cluding standards requiring the provision of ried out by the entity that has been awarded cruitment of bone marrow donors. Such re- a contract by the Secretary under subsection appropriate information (at the start of the cruitment program shall identify popu- (a) to carry out the functions described in search process and throughout the process) lations that are underrepresented among po- subsection (d)(2). to patients and their families and physi- tential donors enrolled with the Program. In ‘‘(h) PATIENT ADVOCACY AND CASE MANAGE- cians; the case of populations that are identified MENT FOR BONE MARROW AND CORD BLOOD.— ‘‘(5) standards that— under the preceding sentence: ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(A) The Program shall give priority to ‘‘(A) require the establishment of a system tablish and maintain, through a contract or carrying out activities under this part to in- of strict confidentiality of records relating other means determined appropriate by the crease representation for such populations in to the identity, address, HLA type, and man- Secretary, an office of patient advocacy (in order to enable a member of such a popu- aging marrow donor center for marrow do- this subsection referred to as the ‘Office’). lation, to the extent practicable, to have a nors and potential marrow donors; and ‘‘(2) GENERAL FUNCTIONS.—The Office shall probability of finding a suitable unrelated ‘‘(B) prescribe the purposes for which the meet the following requirements: donor that is comparable to the probability records described in subparagraph (A) may ‘‘(A) The Office shall be headed by a direc- that an individual who is not a member of an be disclosed, and the circumstances and ex- tor. underrepresented population would have. tent of the disclosure; and ‘‘(B) The Office shall be staffed by individ- ‘‘(B) The Program shall consider racial and ‘‘(6) in the case of a marrow donor center uals with expertise in bone marrow and cord ethnic minority groups (including persons of or marrow donor registry participating in blood therapy covered under the Program. mixed ancestry) to be populations that have the program, procedures to ensure the estab- ‘‘(C) The Office shall operate a system for been identified for purposes of this para- lishment of a method for integrating donor patient advocacy, which shall be separate graph, and shall carry out subparagraph (A) files, searches, and general procedures of the from mechanisms for donor advocacy, and with respect to such populations. center or registry with the Program. which shall serve patients for whom the Pro- ‘‘(2) INFORMATION AND EDUCATION REGARD- ‘‘(g) CORD BLOOD RECRUITMENT; PRIORITIES; gram is conducting, or has been requested to ING RECRUITMENT; TESTING AND ENROLL- INFORMATION AND EDUCATION.— conduct, a search for a bone marrow donor or MENT.— ‘‘(1) RECRUITMENT; PRIORITIES.—The Pro- cord blood unit. ‘‘(A) IN GENERAL.—The Program shall carry gram shall support activities, in cooperation ‘‘(D) In the case of such a patient, the Of- out informational and educational activities, with qualified cord blood banks, for the re- fice shall serve as an advocate for the pain coordination with organ donation public cruitment of cord blood donors. Such re- tient by directly providing to the patient (or awareness campaigns operated through the cruitment program shall identify popu- family members, physicians, or other indi- Department of Health and Human Services, lations that are underrepresented among viduals acting on behalf of the patient) indi- for purposes of recruiting individuals to cord blood donors. In the case of populations vidualized services with respect to effi- serve as donors of bone marrow, and shall that are identified under the preceding sen- ciently utilizing the system under para- test and enroll with the Program potential tence: graphs (1) and (2) of subsection (d) to conduct bone marrow donors. Such information and ‘‘(A) The Program shall give priority to an ongoing search for a bone marrow donor educational activities shall include the fol- supporting activities under this part to in- or cord blood unit and assist with informa- lowing: crease representation for such populations in tion regarding third party payor matters. ‘‘(i) Making information available to the order to enable a member of such a popu- ‘‘(E) In carrying out subparagraph (D), the general public, including information de- lation, to the extent practicable, to have a Office shall monitor the system under para- scribing the needs of patients with respect to probability of finding a suitable cord blood graphs (1) and (2) of subsection (d) to deter- donors of bone marrow. unit that is comparable to the probability mine whether the search needs of the patient ‘‘(ii) Educating and providing information that an individual who is not a member of an involved are being met, including with re- to individuals who are willing to serve as po- underrepresented population would have. spect to the following: tential bone marrow donors. ‘‘(B) The Program shall consider racial and ‘‘(i) Periodically providing to the patient ‘‘(iii) Training individuals in requesting in- ethnic minority groups (including persons of (or an individual acting on behalf of the pa- dividuals to serve as potential bone marrow mixed ancestry) to be populations that have tient) information regarding bone marrow donors. been identified for purposes of this para- donors or cord blood units that are suitably ‘‘(B) PRIORITIES.—In carrying out informa- graph, and shall support activities under matched to the patient, and other informational and educational activities under sub- subparagraph (A) with respect to such popu- tion regarding the progress being made in paragraph (A), the Program shall give pri- lations. the search. ority to recruiting individuals to serve as do- ‘‘(2) INFORMATION AND EDUCATION REGARD- ‘‘(ii) Informing the patient (or such other nors of bone marrow for populations that are ING RECRUITMENT; TESTING AND DONATION.— individual) if the search has been interrupted identified under paragraph (1). ‘‘(A) IN GENERAL.—In carrying out the re- or discontinued. ‘‘(3) TRANSPLANTATION AS TREATMENT OP- cruitment program under paragraph (1), the ‘‘(iii) Identifying and resolving problems in TION.—In addition to activities regarding re- Program shall support informational and the search, to the extent practicable. cruitment, the recruitment program under educational activities in coordination with ‘‘(F) The Office shall ensure that the fol- paragraph (1) shall provide information to qualified cord blood banks and organ dona- lowing data are made available to patients: physicians, other health care professionals, tion public awareness campaigns operated ‘‘(i) The resources available through the and the public regarding bone marrow trans- through the Department of Health and Program. plants from unrelated donors as a treatment Human Services, for purposes of recruiting ‘‘(ii) A comparison of transplant centers option. pregnant women to serve as donors of cord regarding search and other costs that prior ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The blood. Such information and educational ac- to transplantation are charged to patients requirements of this subsection shall be car- tivities shall include the following: by transplant centers. ried out by the entity that has been awarded ‘‘(i) Making information available to the ‘‘(iii) The post-transplant outcomes for in- a contract by the Secretary under subsection general public, including information de- dividual transplant centers.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00240 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.201 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13929 ‘‘(iv) Information concerning issues that referred to in subsection (d)(4)(D) or (f)(5)(A) and Human Services, in consultation with patients may face after a transplant. without the prior written consent of the the Commissioner of Food and Drugs, shall ‘‘(v) Such other information as the Pro- donor or potential donor with respect to submit to Congress a report concerning the gram determines to be appropriate. whom the record is maintained, or in viola- progress made by the Food and Drug Admin- ‘‘(G) The Office shall conduct surveys of tion of the standards described in subsection istration in developing requirements for the patients (or family members, physicians, or (f)(5)(B), shall be imprisoned for not more licensing of cord blood units. other individuals acting on behalf of pa- than 2 years or fined in accordance with title tients) to determine the extent of satisfac- 18, United States Code, or both.’’. SA 2689. Mr. FRIST (for Mr. SHELBY) tion with the system for patient advocacy (b) STEM CELL THERAPEUTIC OUTCOMES DATABASE.—Section 379A of the Public proposed an amendment to the bill S. under this subsection, and to identify ways 467, to extend the applicability of the in which the system can be improved to best Health Service Act (42 U.S.C. 274l) is amend- meet the needs of patients. ed to read as follows: Terrorism Risk Insurance Act of 2002; ‘‘(3) CASE MANAGEMENT.— ‘‘SEC. 379A. STEM CELL THERAPEUTIC OUT- as folllows: COMES DATABASE. ‘‘(A) IN GENERAL.—In serving as an advo- In lieu of the matter proposed to be in- ‘‘(a) ESTABLISHMENT.—The Secretary shall cate for a patient under paragraph (2), the serted, insert the following: by contract establish and maintain a sci- Office shall provide individualized case man- entific database of information relating to SECTION 1. SHORT TITLE. agement services directly to the patient (or patients who have been recipients of a stem This Act may be cited as the ‘‘Terrorism family members, physicians, or other indi- cell therapeutics product (including bone Risk Insurance Extension Act of 2005’’. viduals acting on behalf of the patient), in- marrow, cord blood, or other such product) cluding— SEC. 2. EXTENSION OF TERRORISM RISK INSUR- from a donor. ‘‘(i) individualized case assessment; and ANCE PROGRAM. ‘‘(b) INFORMATION.—The outcomes database ‘‘(ii) the functions described in paragraph (a) PROGRAM EXTENSION.—Section 108(a) of shall include information in a standardized the Terrorism Risk Insurance Act of 2002 (15 (2)(D) (relating to progress in the search electronic format with respect to patients process). U.S.C. 6701 note; 116 Stat. 2336) is amended by described in subsection (a), diagnosis, trans- striking ‘‘2005’’ and inserting ‘‘2007’’. ‘‘(B) POSTSEARCH FUNCTIONS.—In addition plant procedures, results, long-term follow- to the case management services described (b) MANDATORY AVAILABILITY.—Section up, and such other information as the Sec- 103(c) of the Terrorism Risk Insurance Act of in paragraph (1) for patients, the Office shall, retary determines to be appropriate, to con- 2002 (15 U.S.C. 6701 note; 116 Stat. 2327) is on behalf of patients who have completed the duct an ongoing evaluation of the scientific amended— search for a bone marrow donor or cord blood and clinical status of transplantation involv- (1) by striking paragraph (2); unit, provide information and education on ing recipients of a stem cell therapeutics (2) by striking ‘‘AVAILABILITY.—’’ and all the process of receiving a transplant, includ- product from a donor. that follows through ‘‘each entity’’ and in- ing the post-transplant process. ‘‘(c) ANNUAL REPORT ON PATIENT OUT- serting ‘‘ .—During each Pro- ‘‘(i) COMMENT PROCEDURES.—The Secretary COMES.—The Secretary shall require the en- AVAILABILITY shall establish and provide information to tity awarded a contract under this section to gram Year, each entity’’; and the public on procedures under which the submit to the Secretary an annual report (3) by redesignating subparagraphs (A) and Secretary shall receive and consider com- concerning patient outcomes with respect to (B) as paragraphs (1) and (2), respectively, ments from interested persons relating to each transplant center, based on data col- and moving the margins 2 ems to the left. the manner in which the Program is car- lected and maintained by the entity pursu- SEC. 3. AMENDMENTS TO DEFINED TERMS. rying out the duties of the Program. The ant to this section. (a) PROGRAM YEARS.—Section 102(11) of the Secretary may promulgate regulations under ‘‘(d) PUBLICLY AVAILABLE DATA.—The out- Terrorism Risk Insurance Act of 2002 (15 this section. comes database shall make relevant sci- U.S.C. 6701 note; 116 Stat. 2326) is amended by ‘‘(j) CONSULTATION.—In developing policies entific information not containing individ- adding at the end the following: affecting the Program, the Secretary shall ually identifiable information available to ‘‘(E) PROGRAM YEAR 4.—The term ‘Program consult with the Advisory Council, the De- the public in the form of summaries and data Year 4’ means the period beginning on Janu- partment of Defense Marrow Donor Recruit- sets to encourage medical research and to ary 1, 2006 and ending on December 31, 2006. ment and Research Program operated by the provide information to transplant programs, ‘‘(F) PROGRAM YEAR 5.—The term ‘Program Department of the Navy, and the board of di- physicians, patients, entities awarded a con- Year 5’ means the period beginning on Janu- rectors of each entity awarded a contract tract under section 379 donor registries, and ary 1, 2007 and ending on December 31, 2007.’’. under this section. cord blood banks.’’. (b) EXCLUSIONS FROM COVERED LINES.— ‘‘(k) CONTRACTS.— (c) DEFINITIONS.—Part I of title III of the (1) IN GENERAL.—Section 102(12)(B) of the ‘‘(1) APPLICATION.—To be eligible to enter Public Health Service Act (42 U.S.C. 274k et Terrorism Risk Insurance Act of 2002 (15 into a contract under this section, an entity seq.) is amended by inserting after section U.S.C. 6701 note; 116 Stat. 2326) is amended— shall submit to the Secretary and obtain ap- 379A the following: (A) in clause (vi), by striking ‘‘or’’ at the proval of an application at such time, in ‘‘SEC. 379A–1. DEFINITIONS. such manner, and containing such informa- end; ‘‘In this part: (B) in clause (vii), by striking the period at tion as the Secretary shall by regulation pre- ‘‘(1) The term ‘Advisory Council’ means scribe. the end and inserting a semicolon; and the advisory council established by the Sec- (C) by adding at the end the following: ‘‘(2) CONSIDERATIONS.—In awarding con- retary under section 379(a)(1). tracts under this section, the Secretary shall ‘‘(viii) commercial automobile insurance; ‘‘(2) The term ‘bone marrow’ means the ‘‘(ix) burglary and theft insurance; give consideration to the continued safety of cells found in adult bone marrow and periph- donors and patients and other factors ‘‘(x) surety insurance; eral blood. ‘‘(xi) professional liability insurance; or deemed appropriate by the Secretary. ‘‘(3) The term ‘outcomes database’ means ‘‘(l) ELIGIBILITY.—Entities eligible to re- ‘‘(xii) farm owners multiple peril insur- the database established by the Secretary ance.’’. ceive a contract under this section shall in- under section 379A. clude private nonprofit entities. (2) CONFORMING AMENDMENT.—Section ‘‘(4) The term ‘Program’ means the C.W. 102(12)(A) of the Terrorism Risk Insurance ‘‘(m) RECORDS.— Bill Young Cell Transplantation Program es- ‘‘(1) RECORDKEEPING.—Each recipient of a Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) tablished under section 379.’’. is amended by striking ‘‘surety insurance’’ contract or subcontract under subsection (a) (d) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘directors and officers liability shall keep such records as the Secretary Section 379B of the Public Health Service insurance’’. shall prescribe, including records that fully Act (42 U.S.C. 274m) is amended to read as disclose the amount and disposition by the follows: (c) INSURER DEDUCTIBLES.—Section 102(7) of the Terrorism Risk Insurance Act of 2002 (15 recipient of the proceeds of the contract, the ‘‘SEC. 379B. AUTHORIZATION OF APPROPRIA- total cost of the undertaking in connection TIONS. U.S.C. 6701 note; 116 Stat. 2325) is amended— with which the contract was made, and the ‘‘For the purpose of carrying out this part, (1) in subparagraph (D), by striking ‘‘and’’ amount of the portion of the cost of the un- there are authorized to be appropriated at the end; dertaking supplied by other sources, and $34,000,000 for fiscal year 2006 and $38,000,000 (2) by redesignating subparagraph (E) as such other records as will facilitate an effec- for each of fiscal years 2007 through 2010.’’. subparagraph (G); tive audit. (e) CONFORMING AMENDMENTS.—Part I of (3) by inserting after subparagraph (D), the ‘‘(2) EXAMINATION OF RECORDS.—The Sec- title III of the Public Health Service Act (42 following: retary and the Comptroller General of the U.S.C. 274k et seq.) is amended in the part ‘‘(E) for Program Year 4, the value of an United States shall have access to any heading, by striking ‘‘NATIONAL BONE insurer’s direct earned premiums over the books, documents, papers, and records of the MARROW DONOR REGISTRY’’ and inserting calendar year immediately preceding Pro- recipient of a contract or subcontract en- ‘‘C. W. BILL YOUNG CELL TRANSPLAN- gram Year 4, multiplied by 17.5 percent; tered into under this section that are perti- TATION PROGRAM’’. ‘‘(F) for Program Year 5, the value of an nent to the contract, for the purpose of con- SEC. 4. REPORT ON LICENSURE OF CORD BLOOD insurer’s direct earned premiums over the ducting audits and examinations. UNITS. calendar year immediately preceding Pro- ‘‘(n) PENALTIES FOR DISCLOSURE.—Any per- Not later than 90 days after the date of en- gram Year 5, multiplied by 20 percent; and’’; son who discloses the content of any record actment of this Act, the Secretary of Health and

VerDate Aug 31 2005 07:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00241 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.201 S16DEPT1 S13930 CONGRESSIONAL RECORD — SENATE December 16, 2005 (4) in subparagraph (G), as so redesignated, 2336) is amended by adding at the end the fol- staff, and Michael Dodson, a fellow on by striking ‘‘through (D)’’ and all that following: the staff of Senator NELSON of Florida, lows through ‘‘Year 3’’and inserting the fol- ‘‘(e) ANALYSIS OF MARKET CONDITIONS FOR be granted the privilege of the floor for lowing: ‘‘through (F), for the Transition Pe- TERRORISM RISK INSURANCE.— the debate on the NASA conference re- riod or any Program Year’’. ‘‘(1) IN GENERAL.—The President’s Working SEC. 4. INSURED LOSS SHARED COMPENSATION. Group on Financial Markets, in consultation port. Section 103(e) of the Terrorism Risk Insur- with the National Association of Insurance The PRESIDING OFFICER. Without ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. Commissioners, representatives of the insur- objection, it is so ordered. 2328) is amended— ance industry, representatives of the securi- Mrs. HUTCHISON. Mr. President, I (1) in paragraph (1)— ties industry, and representatives of policy ask unanimous consent that the aide (A) by inserting ‘‘through Program Year 4’’ holders, shall perform an analysis regarding to our committee clerk for the Science before ‘‘shall be equal’’; and the long-term availability and affordability and Space Subcommittee be permitted (B) by inserting ‘‘, and during Program of insurance for terrorism risk, including— the privilege of the floor, Tom Year 5 shall be equal to 85 percent,’’ after ‘‘90 ‘‘(A) group life coverage; and percent’’; and ‘‘(B) coverage for chemical, nuclear, bio- Cremins. (2) in each of paragraphs (2) and (3), by logical, and radiological events. The PRESIDING OFFICER. Without striking ‘‘Program Year 2 or Program Year ‘‘(2) REPORT.—Not later than September 30, objection, it is so ordered. 3’’ each place that term appears and insert- 2006, the President’s Working Group on Fi- f ing ‘‘any of Program Years 2 through 5’’. nancial Markets shall submit a report to the SEC. 5. AGGREGATE RETENTION AMOUNTS AND Committee on Banking, Housing, and Urban MORNING BUSINESS RECOUPMENT OF FEDERAL SHARE. Affairs of the Senate and the Committee on Mr. FRIST. Mr. President, I ask (a) AGGREGATE RETENTION AMOUNTS.—Sec- Financial Services of the House of Rep- tion 103(e)(6) of the Terrorism Risk Insur- unanimous consent that there now be a resentatives on its findings pursuant to the period of morning business with Sen- ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. analysis conducted under subsection (a).’’. 2329) is amended— ators permitted to speak for up to 10 (1) in subparagraph (B), by striking ‘‘and’’ SA 2690. Mr. FRIST (for Mr. MCCAIN) minutes each. at the end; proposed an amendment to the bill S. The PRESIDING OFFICER. Without (2) in subparagraph (C), by striking the pe- 1892, to amend Public Law 107–153 to objection, it is so ordered. riod at the end and inserting a semicolon; Mr. FRIST. Mr. President, we will be and modify a certain date; as follows: (3) by adding at the end the following: On page 1, line 6, strike ‘‘2005’’ and insert finishing tonight. I say that because we ‘‘(D) for Program Year 4, the lesser of— ‘‘2000’’. will be leaving the floor tonight, but there is a lot of work going on here in ‘‘(i) $25,000,000,000; and f ‘‘(ii) the aggregate amount, for all insur- the Nation’s Capital as we try to bring ers, of insured losses during such Program AUTHORITIES FOR COMMITTEES to closure the Nation’s business for Year; and TO MEET this first session. So a lot of work is ‘‘(E) for Program Year 5, the lesser of— COMMITTEE ON ARMED SERVICES going on—productive work. ‘‘(i) $27,500,000,000; and All of our colleagues are wondering ‘‘(ii) the aggregate amount, for all insur- Mr. GREGG. Mr. President, I ask ers, of insured losses during such Program unanimous consent that the Com- when they will be able to leave and go Year.’’. mittee on Armed Services be author- back to their States. The Democratic (b) RECOUPMENT OF FEDERAL SHARE.—Sec- ized to meet during the session of the leader and I were talking about that. tion 103(e)(7) of the Terrorism Risk Insur- Senate on December 16, 2005, at 10:30 As soon as we have some schedule, we ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. will let our colleagues know. 2329) is amended— a.m., in closed session to receive a classified briefing regarding future naval I will have more to say on the sched- (1) in subparagraph (A), by striking ‘‘, (B), ule shortly. and (C)’’ and inserting ‘‘through (E)’’; and force structure requirements. (2) in each of subparagraphs (B) and (C), by The PRESIDING OFFICER. Without f striking ‘‘subparagraph (A), (B), or (C)’’ each objection, it is so ordered. STEM CELL THERAPEUTIC AND place that term appears and inserting ‘‘any COMMITTEE ON FINANCE RESEARCH ACT of 2005 of subparagraphs (A) through (E)’’. SEC. 6. PROGRAM TRIGGER. Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask Section 103(e)(1) of the Terrorism Risk In- unanimous consent that the Com- unanimous consent that the Senate surance Act of 2002 (15 U.S.C. note, 116 Stat. mittee on Finance be authorized to now proceed to the immediate consid- 2328) is amended— meet in open Executive Session during eration of Calendar No. 256, H.R. 2520, (1) by redesignating subparagraph (B) as the session on Friday, December 16, the cord blood stem cell bill. subparagraph (C); and 2005, immediately following a vote on The PRESIDING OFFICER. The (2) by inserting after subparagraph (A) the the Senate Floor, tentatively sched- following: clerk will report the bill by title. uled to occur at 11:30 a.m., in the Presi- ‘‘(B) PROGRAM TRIGGER.—In the case of a The assistant legislative clerk read certified act of terrorism occurring after dent’s Room, S–216 of the Capitol, to as follows: March 31, 2006, no compensation shall be paid consider favorably reporting the nomi- A bill (H.R. 2520) to provide for the collec- by the Secretary under subsection (a), unless nations of Antonio Fratto, to be As- tion and maintenance of human cord blood the aggregate industry insured losses result- sistant Secretary of the Treasury for stem cells for the treatment of patients and ing from such certified act of terrorism ex- Public Affairs, U.S. Department of the research, and to amend the Public Health ceed— Treasury, Washington, DC; David M. Service Act to authorize the C.W. Bill Young ‘‘(i) $50,000,000, with respect to such insured Spooner, to be Assistant Secretary of Cell Transplantation Program. losses occurring in Program Year 4; or ‘‘(ii) $100,000,000, with respect to such in- Commerce for Import Administration, There being no objection, the Senate sured losses occurring in Program Year 5.’’. U.S. Department of Commerce, Wash- proceeded to consider the bill. SEC. 7. LITIGATION MANAGEMENT. ington, DC; David Steele Bohigian, As- Mr. FRIST. Mr. President, I ask Section 107(a) of the Terrorism Risk Insur- sistant Secretary of Commerce, Mar- unanimous consent that the amend- ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. ket Access and Compliance, U.S. De- ment at the desk be agreed to, the bill, 2335) is amended by adding at the end the fol- partment of Commerce, Washington, as amended, be read a third time and lowing: DC; and, Richard T. Crowder, to be passed, the motion to reconsider be ‘‘(6) AUTHORITY OF THE SECRETARY.—Proce- Chief Agricultural Negotiator, Office of laid upon the table, and that any state- dures and requirements established by the Secretary under section 50.82 of part 50 of the United States Trade Representa- ments relating to the bill be printed in title 31 of the Code of Federal Regulations tive, Washington, DC. the RECORD. (as in effect on the date of issuance of that The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without section in final form) shall apply to any objection, it is so ordered. objection, it is so ordered. cause of action described in paragraph (1) of f The amendment (No. 2688) was agreed this subsection.’’. to. SEC. 8. ANALYSIS AND REPORT ON TERRORISM PRIVILEGES OF THE FLOOR (The amendment is printed in today’s RISK COVERAGE CONDITIONS AND SOLUTIONS. Mr. ISAKSON. Mr. President, I ask RECORD under ‘‘Text of Amendments.’’) Section 108 of the Terrorism Risk Insur- unanimous consent that Tom Cremins, The bill (H.R. 2520), as amended, was ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. a fellow on the Commerce Committee read the third time and passed.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00242 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.202 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13931 Mr. FRIST. Mr. President, this bill, but I remind my colleagues that this To allow time for that examination the Stem Cell Therapeutic and Re- legislation only extends the program to take place, this compromise legisla- search Act of 2005, is a hugely impor- through the end of 2007. Fortunately, tion continues the TRIA program for 2 tant bill that is now passed and, once the legislation mandates that the additional years, with certain modi- signed by the President, will save lives. President’s Working Group on Finan- fications, which I will briefly summa- There is amazing, remarkable work cial Markets consult with other stake- rize. with these cord blood transplants. Cord holders and come up with an analysis Following the model of the extension blood is basically blood cells that are of the long-term availability and af- bill passed by the Senate in November gathered from the placenta after birth. fordability of terrorism risk insurance. of this year, this legislation narrows The power of these cells is truly re- I look forward to future discussions the scope of the TRIA program, further markable, as we treat diseases such as and continued work on crafting a per- targeting the program toward the leukemia, sickle cell anemia, and a manent solution to these problems. types of terrorism insurance that are range of very rare genetic disorders. Mr. SARBANES. Mr. President, I join the most difficult to provide. Under the This bill establishes a registry of my colleagues in support of the Ter- terms of the extension, the federal about 150,000 units initially all over the rorism Risk Insurance Extension Act backstop will no longer be available for country that people will be able to ac- of 2005. This legislation represents a bi- insurance policies covering commercial cess instantaneously in order to have partisan, bi-cameral compromise to ex- automobiles, professional liability, this tissue that will bring, literally, tend the Terrorism Risk Insurance Act burglary and theft, farm owners, mul- lifesaving therapy to individuals who of 2002 for 2 years, through December tiple peril, and surety. are currently waiting for transplants. 31, 2007. I want to take this opportunity Just as the original TRIA did, this So it is with a great deal of pride that to congratulate my colleagues, as it is extension places more of the risk on we pass this particular bill in the Sen- through the hard work of Banking the insurance industry, and cor- ate. Committee Chairman SHELBY and Sen- respondingly less on the Federal Gov- ernment, in each year. For example, in f ators DODD and BENNETT, along with the House negotiators, led by Financial 2005, under the current program, the TERRORISM RISK INSURANCE ACT Services Committee Chairman OXLEY amount of terrorism losses that an in- OF 2005 and ranking member FRANK, that we surer must cover before federal assist- Mr. FRIST. I ask unanimous consent have been able to work out this com- ance becomes available is 15 percent of the Chair now lay before the Senate promise and ensure that TRIA con- the premiums collected by that insurer the House message to accompany S. tinues. in lines covered by the TRIA program. 467, a bill to extend the applicability of As I said when the Senate first con- Under this extension, this ‘‘insurance the Terrorism Risk Insurance Act of sidered a TRIA extension bill in No- company deductible’’ will rise to 17.5 2002. vember of this year, the original TRIA percent of premiums in 2006, and 20 per- The Presiding Officer laid before the was designed to address the adverse im- cent of premiums in 2007. Moreover, the Senate the following message from the pact on the terrorism insurance mar- amount that insurers must pay above House of Representatives: ketplace of the sudden lack of ter- their deductible also increases, rising Resolved that the bill from the Sen- rorism reinsurance after the September from 10 percent of losses in 2006, to 15 ate S. 467 entitled ‘‘ An Act to extend 11th attacks. Reinsurance is a mecha- percent of losses in 2007. the applicability of the Terrorism Risk nism by which insurance companies In addition to the individual insur- Insurance Act of 2002,’’ do pass with an spread their own risks, allowing them ance companies’ deductible, the insurance industry as a whole must cover a amendment. to write more policies; without it, in- certain amount of losses before federal Mr. REID. Mr. President, make a few surers’ capacity to offer coverage for assistance becomes available. In 2005, remarks about final passage of the Ter- losses due to terrorism shrank consid- the last year of the current TRIA pro- rorism Risk Insurance Extension Act erably. By all accounts, the federal gram, that amount is $15 billion. Under of 2005. Let me start by thanking Sen- backstop provided by TRIA achieved this legislation, that amount will rise ators SARBANES, DODD, SHELBY and its goal of making terrorism insurance to $25 billion in 2006, and $27.5 billion in BENNETT for their tireless effort in the coverage available and affordable once 2007, an increase from the amounts in- last several months to pass this crit- again. The Treasury Department re- cluded in the legislation originally ical piece of legislation. These Sen- ported this summer, ‘‘TRIA was effec- passed by the Senate in November. ators worked through significant dif- tive in terms of the purposes it was de- Also, after March 31, 2006, no federal ferences on the substance of this bill signed to achieve. TRIA provided a assistance will be available at all under and ultimately reached a compromise transitional period during which insur- the program for a terrorist attack in with the House that extends the basic ers had enhanced financial capacity to which total losses do not exceed $50 structure of this important program write terrorism risk insurance cov- million, a level which rises to $100 mil- for another 2 years, and I commend erage.... More generally, TRIA pro- lion in 2007. The starting date for this them for those efforts. vided an adjustment period allowing increase in the trigger level is later The Terrorism Risk Insurance Act, both insurers and policyholders to ad- than it was in the bill passed by the commonly referred to as TRIA, has just to the post-September 11th view of Senate in November, to allow the in- proven to be an effective program that terrorism risk.’’ surance industry and policyholders a has made terrorism risk insurance However, after the Treasury Depart- grace period in which to adapt to the available to commercial property- ment released its report, serious dis- new level. holders and has provided businesses agreements emerged as to what would Finally, I want to emphasize that meaningful access to coverage in a be the most efficient, effective, and eq- this compromise legislation, like the post-9/11 world. The program has made uitable way to assure the continued extension bills passed by both the Sen- sure that the American economy and availability of terrorism insurance. ate and the House earlier this year, re- markets function in the face of a still- This is an issue that deserves careful tains a critically important piece of present threat of a terrorist attack. In analysis, which is why this extension the current TRIA program: the require- my home State of Nevada, large con- bill contains a requirement for a study ment that insurers make terrorism struction projects and jobs were by the President’s Working Group on coverage available to policyholders in threatened because of uncertainty in Financial Markets on the long-term all of the lines covered by TRIA. the terrorism insurance market cre- availability and affordability of ter- These provisions follow the frame- ated by TRIA’s imminent expiration. rorism risk insurance. I hope that this work of the existing TRIA program, Extending TRIA will eliminate that requirement will result in a thorough keeping the federal backstop in place uncertainty and provide an economic examination of the issues and will in- so that insurers will continue writing backstop in the event of another ter- clude input from all stakeholders, terrorism policies, while placing pro- rorist attack in this country. which will help us answer the question gressively more of the costs onto the Our Nation’s economy will be more of how to insure against terrorism over industry itself. As with any com- stable now that TRIA will be extended, the long-term. promise product, no one would say that

VerDate Aug 31 2005 07:07 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00243 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.122 S16DEPT1 S13932 CONGRESSIONAL RECORD — SENATE December 16, 2005 the legislation is perfect. But it is a se- The bottom line is that we have Chairman SHELBY and Ranking Mem- rious effort to address the concerns we made some necessary modifications to ber SARBANES. Additionally, S. 467 ad- have heard raised regarding TRIA and the program without losing the major dresses many of the ideas and concerns the potential effects of its expiration, protections. We did not all agree what raised by the House in its version of and I urge my colleagues to join me in should have been in the bill. Many of the legislation. I would like to thank supporting it. us felt strongly about including Group House Financial Services Committee Mr. SCHUMER. Mr. President, I ex- Life and protections against nuclear, Chairman OXLEY and Ranking Member press my unwavering support for S. 467, biological, chemical and radiological FRANK for their hard work in finding the Terrorism Risk Insurance Revision attacks. But the beauty of the process consensus on this measure. Act of 2005, introduced by my friend, is that it is a negotiation where we all I would like to commend the mem- Senator DODD of Connecticut. give and take. bers on the Banking Committee: Sen- I would like to commend Senators This bill is a good compromise. ators JOHNSON, REED, SCHUMER, BAYH, DODD, BENNETT, SHELBY, and SARBANES The continuation of this program is CARPER, STABENOW, CORZINE, HAGEL, for getting a bill done that we can all vital to our Nation’s economic sta- BUNNING and DOLE as well as the other stand here and be proud to support. A bility. By passing this bill on the floor cosponsors of the legislation for recog- bill that is good for this country and today, we will be sending a message to nizing— very early on—how important good for the State of New York. the world that our financial markets extending the Terrorism Risk Insur- At long last builders and insurers of will be protected. That our country ance Act, TRIA, was to our Nation’s major projects in large cities, particu- will be able to bounce back in the economy and for their efforts on this larly New York, can breathe a sigh of event of any disruptions or financial legislation. relief; terrorism insurance will be re- dislocation caused by another possible I would also like to thank the staff newed. It never should have taken this terrorist attack. who worked on this legislation, par- long, but at least we know this protec- It is still my strong belief that there ticularly Sarah Kline and Steve Harris tion will be available for another 2 needs to be a long-term solution—a from Senator SARBANE’s staff, Mike years. permanent program. The President has Nielsen from Senator BENNETT’s staff, We still live in America, and particu- continued to say that we are fighting a Alex Sternhell from my staff and Jim larly in my city of New York, in the war on terrorism. Johnson, Andrew Olmem, Mark shadow of 9/11, of the terrorism that oc- The bombing in Jordan last week, Oesterle and Kathy Casey from Senator curred. Obviously, the thousands of the London bombings this past July, SHELBY’s staff. families who have had a loved one and the recent threat to the New York Like many bills, this legislation is a taken from their midst live with it subway system are a few examples of document of compromise. We have every moment of their remaining lives, why we must continue fighting this carefully taken into consideration the but the rest of us live with it too, not war on terrorism. recommendations of policyholders, in- only in empathy for them but also in It would have been my preference to surers, consumers, academics, terms of the economic consequences of get a bill that extended beyond 2 years. thinktanks, the Treasury Department terrorism. and others to craft this important ex- The bottom line is very simple, and But I am at least pleased to know that there was a serious effort to address tension legislation. that is, because of terrorism, the insur- Let me take a few brief moments to this concern by including a provision ance industry, in terms of insuring risk provide my colleagues with a little to create a commission that would of large structures in America—wheth- background on TRIA and why it needs begin to analyze the long-term avail- er it be large buildings that make us so to be extended today. proud of the Manhattan skyline, or ability and affordability of insurance As a result of the tragic terrorist large arenas such as the football sta- for terrorism risk. acts events of 9/11, we repeatedly heard diums that dot America, or larger fa- I would particularly like to thank from businesses, large and small, from cilities such as Disneyland, Disney Senators DODD and SHELBY for specifi- labor unions and manufacturers, from World, and amusement parks—all have cally including the language I re- hospitals to hotels, from professional difficulty getting insurance. quested which directs the President’s sports teams to utility companies, Insurers are worried that if, God for- Working Group to analyze the long- from insurers and the insured about bid, another terrorist act occurs it will term affordability and availability of the need for the Federal Governmment be so devastating that it will put them coverage for chemical, nuclear, biologi- to act to help them receive financial out of business. cal and radiological events. protection from future terrorist at- So 2 years ago, the Senate, House, This is an issue of great importance tacks. and the President got together at sort to many New Yorkers. Many retailers Congress listened, and we acted—cre- of the end of the day, just like today, and business owners in Lower Manhat- ating the Terrorism Risk Insurance and passed terrorism risk insurance. tan are afraid of a possible dirty bombs Act, TRIA. It has been a large success. That no attack and the availability of insur- In November 2002, TRIA was passed one can dispute. ance for such an event. This must be by both the House and Senate by sig- Insurance rates have come down, ter- addressed and right away. nificant margins and was signed into rorism insurance is available, and in- The bottom line is that financial dis- law. It created a 3-year program estab- surance companies know if, God forbid, location caused by another possible lishing a Federal backstop against cat- the worst happens there will be a back- terrorist attack—God forbid—is too astrophic losses in the property and stop, and they are willing to issue poli- much for our country to risk. I urge casualty insurance marketplace. cies. the entire Senate to pass this legisla- And we heard an ovehelming re- In turn, that meant developers, tion today. It is only right that we let sponse trom policyholders across the builders who wanted to build new large the markets, let the insurance world, country—TRIA has worked. It has structures in America, did so, employ- and, most of all, let jobs and construc- achieved its primary goal—continued ing thousands and thousands of people, tion go forth. availability and affordability of insur- creating profits and new businesses as (At the request of Mr. REID, the fol- ance against future terrorist attacks. well. lowing statement was ordered to be Industries as diverse as commercial Well today we are all here to do the printed in the RECORD.) real estate, shipping, construction, right thing. Yesterday, the Banking ∑ Mr. DODD. Mr President, I rise to manufacturing, and even ‘‘mom and Committee, of which I am member, lend my strong support for S. 467, the pop’’ retailers require insurance to ob- passed unanimously a bill to extend Terrorism Risk Insurance Extension tain credit, loans, and investments nec- the TRIA. In this bill we have kept the Act of 2005, which I originally intro- essary for their normal business oper- trigger levels manageable for the pol- duced with Senator BENNETT and 34 co- ations. TRIA was designed to do just icyholder community. We kept the re- sponsors earlier this year. The product that—restore ‘‘business as usual’’ in tention levels at a responsible level for before the Senate today was amended every State across our Nation. the private market, retaining the pub- in committee with the hard work and I believe that the greatest indicator lic/private nature of the program. leadership of Banking Committee of the success of TRIA is what we have

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00244 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.101 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13933 heard over the past 3 years since the (1) by striking paragraph (2); (3) by adding at the end the following: enactment of TRIA—public outcry (2) by striking ‘‘AVAILABILITY.—’’ and all ‘‘(D) for Program Year 4, the lesser of— from businesses and workers whose that follows through ‘‘each entity’’ and in- ‘‘(i) $25,000,000,000; and livelihoods are threatened by their inserting ‘‘AVAILABILITY.—During each Pro- ‘‘(ii) the aggregate amount, for all insur- gram Year, each entity’’; and ers, of insured losses during such Program ability to purchase coverage against (3) by redesignating subparagraphs (A) and Year; and acts of terror. (B) as paragraphs (1) and (2), respectively, ‘‘(E) for Program Year 5, the lesser of— Construction projects are no longer and moving the margins 2 ems to the left. ‘‘(i) $27,500,000,000; and stalled, mortgages are no longer in SEC. 3. AMENDMENTS TO DEFINED TERMS. ‘‘(ii) the aggregate amount, for all insur- doubt, jobs are no longer in jeopardy as (a) PROGRAM YEARS.—Section 102(11) of the ers, of insured losses during such Program a result of the inability to receive ter- Terrorism Risk Insurance Act of 2002 (15 Year.’’. rorism insurance. U.S.C. 6701 note; 116 Stat. 2326) is amended by (b) RECOUPMENT OF FEDERAL SHARE.—Sec- adding at the end the following: Not only has TRIA been effective in tion 103(e)(7) of the Terrorism Risk Insur- ‘‘(E) PROGRAM YEAR 4.—The term ‘Program ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. ensuring that terrorism is available Year 4’ means the period beginning on Janu- 2329) is amended— and affordable, and that our economy ary 1, 2006 and ending on December 31, 2006. (1) in subparagraph (A), by striking ‘‘, (B), remains vibrant, it is also an incred- ‘‘(F) PROGRAM YEAR 5.—The term ‘Program and (C)’’ and inserting ‘‘through (E)’’; and ibly important taxpayer protection Year 5’ means the period beginning on Janu- (2) in each of subparagraphs (B) and (C), by law. With relatively little money nec- ary 1, 2007 and ending on December 31, 2007.’’. striking ‘‘subparagraph (A), (B), or (C)’’ each essary to fund the administration of (b) EXCLUSIONS FROM COVERED LINES.— place that term appears and inserting ‘‘any (1) IN GENERAL.—Section 102(12)(B) of the of subparagraphs (A) through (E)’’. the TRIA program, we have ensured Terrorism Risk Insurance Act of 2002 (15 SEC. 6. PROGRAM TRIGGER. that insurers and policyholders take U.S.C. 6701 note; 116 Stat. 2326) is amended— the first $30 to $40 billion of losses of a (A) in clause (vi), by striking ‘‘or’’ at the Section 103(e)(1) of the Terrorism Risk In- potential terrorist attack. end; surance Act of 2002 (15 U.S.C. note, 116 Stat. 2328) is amended— Additionally, there is one provision (B) in clause (vii), by striking the period at the end and inserting a semicolon; and (1) by redesignating subparagraph (B) as in this legislation that I believe is an subparagraph (C); and important component—the mandate (C) by adding at the end the following: ‘‘(viii) commercial automobile insurance; (2) by inserting after subparagraph (A) the for the President’s Working Group— ‘‘(ix) burglary and theft insurance; following: our Nation’s Federal financial regu- ‘‘(x) surety insurance; ‘‘(B) PROGRAM TRIGGER.—In the case of a lators—to do an analysis of the long- ‘‘(xi) professional liability insurance; or certified act of terrorism occurring after term availability and affordability of ‘‘(xii) farm owners multiple peril insur- March 31, 2006, no compensation shall be paid terrorism risk insurance. ance.’’. by the Secretary under subsection (a), unless This legislation provides for a 2-year (2) CONFORMING AMENDMENT.—Section the aggregate industry insured losses result- 102(12)(A) of the Terrorism Risk Insurance ing from such certified act of terrorism ex- extension of TRIA—and in these next 2 ceed— years we need to find a long-term solu- Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is amended by striking ‘‘surety insurance’’ ‘‘(i) $50,000,000, with respect to such insured tion to this issue. It may be deter- and inserting ‘‘directors and officers liability losses occurring in Program Year 4; or mined that this is an unwritable risk insurance’’. ‘‘(ii) $100,000,000, with respect to such infor the private sector and that a con- (c) INSURER DEDUCTIBLES.—Section 102(7) of sured losses occurring in Program Year 5.’’. tinued Federal role is needed or we the Terrorism Risk Insurance Act of 2002 (15 SEC. 7. LITIGATION MANAGEMENT. may find that insurers are able to re- U.S.C. 6701 note; 116 Stat. 2325) is amended— Section 107(a) of the Terrorism Risk Insur- turn to underwriting this risk without (1) in subparagraph (D), by striking ‘‘and’’ ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. a Federal backstop. But we need to at the end; 2335) is amended by adding at the end the fol- (2) by redesignating subparagraph (E) as start work on developing this informa- lowing: subparagraph (G); ‘‘(6) AUTHORITY OF THE SECRETARY.—Proce- tion and potential solutions as soon as (3) by inserting after subparagraph (D), the dures and requirements established by the possible. following: Secretary under section 50.82 of part 50 of The enactment of this legislation ‘‘(E) for Program Year 4, the value of an title 31 of the Code of Federal Regulations will extend the TRIA program and will insurer’s direct earned premiums over the (as in effect on the date of issuance of that ensure that our Nation and its econ- calendar year immediately preceding Pro- section in final form) shall apply to any omy are best prepared to deal with a gram Year 4, multiplied by 17.5 percent; cause of action described in paragraph (1) of future terrorist attack. I urge my col- ‘‘(F) for Program Year 5, the value of an this subsection.’’. insurer’s direct earned premiums over the SEC. 8. ANALYSIS AND REPORT ON TERRORISM leagues to support this important leg- calendar year immediately preceding Pro- ∑ RISK COVERAGE CONDITIONS AND islation. gram Year 5, multiplied by 20 percent; and’’; SOLUTIONS. Mr. FRIST. Mr. President, I ask and Section 108 of the Terrorism Risk Insur- unanimous consent the Senate concur (4) in subparagraph (G), as so redesignated, ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. in the House amendment with a further by striking ‘‘through (D)’’ and all that fol- 2336) is amended by adding at the end the fol- amendment which is at the desk, the lows through ‘‘Year 3’’and inserting the following: amendment be agreed to, the motion to lowing: ‘‘through (F), for the Transition Pe- ‘‘(e) ANALYSIS OF MARKET CONDITIONS FOR reconsider be laid upon the table, and riod or any Program Year’’. TERRORISM RISK INSURANCE.— any statements be printed in the SEC. 4. INSURED LOSS SHARED COMPENSATION. ‘‘(1) IN GENERAL.—The President’s Working Section 103(e) of the Terrorism Risk Insur- Group on Financial Markets, in consultation RECORD. ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. with the National Association of Insurance The PRESIDING OFFICER. Without 2328) is amended— Commissioners, representatives of the insur- objection, it is so ordered. (1) in paragraph (1)— ance industry, representatives of the securi- The amendment (No. 2689) was agreed (A) by inserting ‘‘through Program Year 4’’ ties industry, and representatives of policy to, as follows: before ‘‘shall be equal’’; and holders, shall perform an analysis regarding (Purpose: To provide for a complete (B) by inserting ‘‘, and during Program the long-term availability and affordability substitute) Year 5 shall be equal to 85 percent,’’ after ‘‘90 of insurance for terrorism risk, including— percent’’; and ‘‘(A) group life coverage; and In lieu of the matter proposed to be in- (2) in each of paragraphs (2) and (3), by ‘‘(B) coverage for chemical, nuclear, bio- serted, insert the following: striking ‘‘Program Year 2 or Program Year logical, and radiological events. SECTION 1. SHORT TITLE. 3’’ each place that term appears and insert- ‘‘(2) REPORT.—Not later than September 30, This Act may be cited as the ‘‘Terrorism ing ‘‘any of Program Years 2 through 5’’. 2006, the President’s Working Group on Fi- Risk Insurance Extension Act of 2005’’. SEC. 5. AGGREGATE RETENTION AMOUNTS AND nancial Markets shall submit a report to the SEC. 2. EXTENSION OF TERRORISM RISK INSUR- RECOUPMENT OF FEDERAL SHARE. Committee on Banking, Housing, and Urban ANCE PROGRAM. (a) AGGREGATE RETENTION AMOUNTS.—Sec- Affairs of the Senate and the Committee on (a) PROGRAM EXTENSION.—Section 108(a) of tion 103(e)(6) of the Terrorism Risk Insur- Financial Services of the House of Rep- the Terrorism Risk Insurance Act of 2002 (15 ance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. resentatives on its findings pursuant to the U.S.C. 6701 note; 116 Stat. 2336) is amended by 2329) is amended— analysis conducted under subsection (a).’’. striking ‘‘2005’’ and inserting ‘‘2007’’. (1) in subparagraph (B), by striking ‘‘and’’ (b) MANDATORY AVAILABILITY.—Section at the end; The bill (S. 467), as amended, was 103(c) of the Terrorism Risk Insurance Act of (2) in subparagraph (C), by striking the pe- passed. 2002 (15 U.S.C. 6701 note; 116 Stat. 2327) is riod at the end and inserting a semicolon; Mr. FRIST. This bill, the Terrorism amended— and Risk Extension Act, was enacted 3

VerDate Aug 31 2005 07:19 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00245 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.123 S16DEPT1 S13934 CONGRESSIONAL RECORD — SENATE December 16, 2005 years ago in the aftermath of the Sep- the State of Nevada, was read the third nic Rivers Act to designate a segment tember 11 attacks and was intended at time and passed, as follows: of the Farmington River and Salmon the time to provide temporary mecha- S. 310 Brook in the State of Connecticut for nisms to allow the marketplace to Be it enacted by the Senate and House of Rep- study for potential addition to the Na- adapt after the economic dislocations resentatives of the United States of America in tional Wild and Scenic Rivers System, that resulted from those attacks on Congress assembled, and for other purposes, which had been September 11. SECTION 1. SHORT TITLE. reported from the Committee on En- This summer, Treasury Secretary This Act may be cited as the ‘‘Newlands ergy and Natural Resources, with an Project Headquarters and Maintenance Yard Snow issued a report highlighting the Facility Transfer Act’’. amendment. importance of allowing private insur- SEC. 2. DEFINITIONS. [Strike the part shown in black ance companies to regain their hold in In this Act: brackets and insert the part shown in the marketplace. As the report showed, (1) AGREEMENT.—The term ‘‘Agreement’’ italic.] TRIA successfully bridged that gap cre- means the memorandum of agreement be- S. 435 ated by the September 11 terrorist at- tween the District and the Secretary identi- Be it enacted by the Senate and House of Rep- tacks and very effectively enabled the fied as Contract No. 3–LC–20–805 and dated resentatives of the United States of America in insurance marks to stabilize. June 9, 2003. Congress assembled, (2) DISTRICT.—The term ‘‘District’’ means The continued presence of the feder- SECTION 1. SHORT TITLE. the Truckee-Carson Irrigation District in the This Act may be cited as the ‘‘Lower ally backed subsidy risked crowding State of Nevada. out private market initiatives and Farmington River and Salmon Brook Wild (3) SECRETARY.—The term ‘‘Secretary’’ and Scenic River Study Act of 2005’’. slowing down, impeding the develop- means the Secretary of the Interior. SEC. 2. DESIGNATION OF ADDITIONAL SEGMENT ment of private market solutions. That SEC. 3. CONVEYANCE OF NEWLANDS PROJECT OF FARMINGTON RIVER AND SALM- is why I called for an extension of HEADQUARTERS AND MAINTENANCE ON BROOK IN CONNECTICUT FOR TRIA that was narrow, that was tar- YARD FACILITY. STUDY FOR POTENTIAL ADDITION (a) CONVEYANCE.— geted and minimized interference with TO NATIONAL WILD AND SCENIC (1) IN GENERAL.—As soon as practicable RIVERS SYSTEM. our markets. after the date of enactment of this Act and (a) DESIGNATION.—Section 5(a) of the Wild The bill we just passed achieves that in accordance with the Agreement and any and Scenic Rivers Act (16 U.S.C. 1276(a)) is goal. The taxpayers’ exposure is less- applicable laws, the Secretary shall convey amended by adding at the end the following: ened by reducing the lines of coverage to the District all right, title, and interest of ‘‘(139) LOWER FARMINGTON RIVER AND SALM- subject to the Federal backstop, and the United States in and to the real property ON BROOK, CONNECTICUT.—The segment of the the insurance industry’s exposure is in- described in paragraph (2). Farmington River downstream from the seg- creased. (2) DESCRIPTION OF PROPERTY.—The real ment designated as a recreational river by property referred to in paragraph (1) is the I am gratified we passed the bill. section 3(a)(156) to its confluence with the real property within the Newlands Projects, Connecticut River, and the segment of the Over the long term the Federal Govern- Nevada, that is— Salmon Brook including its mainstream and ment cannot be a substitute for mar- (A) known as ‘‘2666 Harrigan Road, Fallon, east and west branches.’’. ket-based solutions. Nevada’’; and (b) TIME FOR SUBMISSION.—Not later than 3 I thank Chairman SHELBY and Sen- (B) identified for disposition on the map years after the date øof enactment of¿ on ator DODD for their hard work on this entitled ‘‘Newlands Project Headquarters which funds are made available to carry out very important bill. It hasn’t been and Maintenance Yard Facility’’. this Act, the Secretary of the Interior shall easy, but it has now been accom- (b) CONSIDERATION.—Notwithstanding any submit to Congress a report containing the other provision of law, amounts received by results of the study required by the amend- plished. the United States for the lease or sale of ment made by subsection (a). f Newlands Project land comprising the Fallon (c) AUTHORIZATION OF APPROPRIATIONS.— Freight Yard shall, for purposes of this sec- THE CALENDAR There are authorized to be appropriated such tion, be treated as consideration for the real sums as are necessary to carry out this Act. Mr. FRIST. Mr. President, I ask property conveyed under subsection (a). The committee amendment was (c) REPORT.—If the Secretary has not com- unanimous consent that the Senate agreed to. proceed to the immediate en bloc con- pleted the conveyance under subsection (a) within 1 year after the date of enactment of The bill (S. 435), as amended, was sideration of the following bills re- this Act, the Secretary shall submit to Con- read the third time and passed, as fol- ported out by the Energy and Natural gress a report that— lows: Resources Committee: Calendar Nos. (1) explains the reasons why the convey- (The bill will be printed in a future 307, 308, 309, 310, 311, 312, 313, and 314; ance has not been completed; and edition of the RECORD.) that the Energy and Natural Resources (2) specifies the date by which the convey- f Committee be discharged from further ance will be completed. consideration of H.R. 4195, and the Sen- (d) ENVIRONMENTAL REVIEW, REMEDIATION, TO AMEND RECLAMATION STATES AND REMOVAL.—In accordance with the ate proceed to its immediate consider- EMERGENCY DROUGHT RELIEF Agreement, the Secretary may not convey ACT OF 1991 ation. the real property under subsection (a) until— The PRESIDING OFFICER. Without (1) the National Environmental Policy Act The bill (S. 648) to amend the Rec- objection, it is so ordered. of 1969 (42 U.S.C. 4321 et seq.) and any appli- lamation States Emergency Drought The measures will be considered en cable requirements relating to cultural re- Relief Act of 1991 to extend the author- bloc. sources have been complied with for the real ity for drought assistance, was read the Mr. FRIST. I ask unanimous consent property to be conveyed under subsection third time and passed, as follows: the amendments at the desk be agreed (a); and (2) any required environmental site assess- S. 648 to; the committee-reported amendment, remediation, or removal has been Be it enacted by the Senate and House of Rep- ments, as amended, be agreed to; the completed with respect to the real property resentatives of the United States of America in bills, as amended, if amended, be read to be conveyed under subsection (a). Congress assembled, the third time and passed; and the title (e) LIABILITY.—The United States shall not SECTION 1. EXTENSION OF THE RECLAMATION amendment be agreed to, all en bloc. be liable for damages of any kind arising out STATES EMERGENCY DROUGHT RE- The PRESIDING OFFICER. Without of any act, omission by, or occurrence relat- LIEF ACT OF 1991. Section 104(c) of the Reclamation States objection, it is so ordered. ing to, the District or any employee, agent, or contractor of the District with respect to Emergency Drought Relief Act of 1991 (43 f the real property conveyed under subsection U.S.C. 2214(c)) is amended by striking ‘‘Sep- NEWLANDS PROJECT HEAD- (a) that occurs before, on, or after the date of tember 30, 2005’’ and inserting ‘‘September 30, 2010’’. QUARTERS AND MAINTENANCE the conveyance. YARD FACILITY TRANSFER ACT f f The bill (S. 310) to direct the Sec- LOWER FARMINGTON RIVER AND WICHITA PROJECT EQUUS BEDS retary of the Interior to convey the SALMON BROOK WILD AND SCE- DIVISION AUTHORIZATION ACT Newlands Project Headquarters and NIC RIVERS STUDY ACT OF 2005 OF 2005 Maintenance Yard Facility to the The Senate proceeded to consider the The Senate proceeded to consider the Truckee-Carson Irrigation District in bill (S. 435) to amend the Wild and Sce- bill (S. 1025) to amend the Act entitled

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00246 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.138 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13935 ‘‘An Act to provide for the construc- neering cost indexes applicable to the type of (3) RECREATION AREA.—The term ‘‘Recre- tion of the Cheney division, Wichita construction involved herein, whichever is ation Area’’ means the Delaware Water Gap Federal reclamation project, Kansas, less. Such sums shall be nonreimbursable. National Recreation Area in the Common- and for other purposes’’ to authorize ‘‘(h) TERMINATION OF AUTHORITY.—The au- wealth of Pennsylvania. thority of the Secretary of the Interior to (4) SECRETARY.—The term ‘‘Secretary’’ the Equus Beds Division of the Wichita carry out any provision of this section shall means the Secretary of the Interior. Project, which had been reported from terminate 10 years after the date of enact- (5) SUPERINTENDENT.—The term ‘‘Super- the Committee on Energy and Natural ment of this section.’’. intendent’’ means the Superintendent of the Resources, with an amendment. The committee amendment was Recreation Area. [Strike the part shown in black agreed to. SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE. brackets and insert the part shown in The bill (S. 1025), as amended, was italic.] (a) IN GENERAL.—The Secretary may enter read the third time, and passed, as fol- into an agreement with the Corporation to S. 1025 lows: grant to the Corporation ø, for no consider- Be it enacted by the Senate and House of Rep- (The bill will be printed in a future ation,¿ an easement to enlarge the diameter resentatives of the United States of America in edition of the RECORD.) of the pipeline from 14 inches to not more Congress assembled, than 20 inches. f SECTION 1. SHORT TITLE. (b) TERMS AND CONDITIONS.—The easement This Act may be cited as the ‘‘Wichita authorized under subsection (a) shall— Project Equus Beds Division Authorization (1) be consistent with— Act of 2005’’. MUSCONETCONG WILD AND SCENIC (A) the recreational values of the Recre- SEC. 2. EQUUS BEDS DIVISION. RIVERS ACT ation Area; and (B) protection of the resources of the The Act entitled ‘‘An Act to provide for The Senate proceeded to consider the the construction of the Cheney division, Recreation Area; bill (S. 1096) to amend the Wild and (2) include provisions for the protection of Wichita Federal reclamation project, Kan- Scenic Rivers Act to designate portions sas, and for other purposes’’ (Public Law 86– resources in the Recreation Area that ensure 787; 74 Stat. 1026) is amended by adding the of the Musconetcong River in the State that only the minimum and necessary following new section: of New Jersey as a component of the amount of disturbance, as determined by the Secretary, shall occur during the construc- ‘‘SEC. 10. EQUUS BEDS DIVISION. National Wild and Scenic Rivers Sys- tion or maintenance of the enlarged pipeline; ‘‘(a) AUTHORIZATION.—The Secretary of the tem, and for other purposes. The amendment (No. 2682) was agreed (3) be consistent with the laws (including Interior may assist in the funding and imple- regulations) and policies applicable to units mentation of the Equus Beds Aquifer Re- to, as follows: of the National Park System; and charge and Recovery Component which is a AMENDMENT NO. 2682 (4) be subject to any other terms and con- part of the ‘Integrated Local Water Supply (Purpose: To make technical corrections) ditions that the Secretary determines to be Plan, Wichita, Kansas’ (referred to in this necessary; section as the ‘Equus Beds Division’). Con- On page 2, line 16, strike ‘‘2002’’ and insert ‘‘2003’’. (c) PERMITS.— struction of the Equus Beds Division shall be (1) IN GENERAL.—The Superintendent may in substantial accordance with the plans and On page 3, line 19, strike ‘‘2002’’ and insert ‘‘2003’’. issue a permit to the Corporation for the use designs. of the Recreation Area in accordance with ‘‘(b) OPERATION, MAINTENANCE, AND RE- The bill (S. 1096), as amended, was subsection (b) for the temporary construc- PLACEMENT.—Operation, maintenance, and read the third time and passed, as fol- tion and staging areas required for the con- replacement of the Equus Beds Division, in- lows: struction of the enlarged pipeline. cluding funding for those purposes, shall be (The bill will be printed in a future (2) PRIOR TO ISSUANCE.—The easement au- the sole responsibility of the City of Wichita, edition of the RECORD.) thorized under subsection (a) and the permit Kansas. The Equus Beds Division shall be op- authorized under paragraph (1) shall require erated in accordance with applicable laws f that before the Superintendent issues a per- and regulations. DELAWARE WATER GAP NATIONAL mit for any clearing or construction, the ‘‘(c) AGREEMENTS.—The Secretary of the RECREATION AREA NATURAL Corporation shall— Interior may enter into, or agree to amend- (A) consult with the Superintendent; ments of, cooperative agreements and other GAS PIPELINE ENLARGEMENT ACT (B) identify natural and cultural resources appropriate agreements to carry out this of the Recreation Area that may be damaged section. The Senate proceeded to consider the or lost because of the clearing or construc- ‘‘(d) ADMINISTRATIVE COSTS.—From funds tion; and made available for this section, the Sec- bill (S. 1310) to authorize the Secretary of the Interior to allow the Columbia (C) submit to the Superintendent for ap- retary of the Interior may charge an appro- proval a restoration and mitigation plan priate share related to administrative costs Gas Transmission Corporation to increase the diameter of a natural gas that— incurred. (i) describes how the land subject to the ‘‘(e) PLANS AND ANALYSES CONSISTENT WITH pipeline located in the Delaware Water easement will be maintained; and FEDERAL LAW.—Before obligating funds for Gap National Recreation Area which (ii) includes a schedule for, and description design or construction under this section, had been reported from the Committee of, the specific activities to be carried out by the Secretary of the Interior shall work co- on Energy and Natural Resources, with the Corporation to mitigate the damages or operatively with the City of Wichita, Kansas, amendments. losses to, or restore, the natural and cultural to use, to the extent possible, plans, designs, resources of the Recreation Area identified and engineering and environmental analyses [Strike the part shown in black brackets and insert the part shown in under subparagraph (B). that have already been prepared by the City (d) PIPELINE REPLACEMENT REQUIRE- for the Equus Beds Division. The Secretary italic.] MENTS.—The enlargement of the pipeline au- of the Interior shall assure that such infor- S. 1310 thorized under subsection (a) shall be consid- mation is used consistent with applicable Be it enacted by the Senate and House of Rep- ered to meet the pipeline replacement re- Federal laws and regulations, øincluding resentatives of the United States of America in quirements required by the Research and principles and guidelines used in preparing Congress assembled, Special Programs Administration of the De- feasibility level project studies¿. SECTION 1. SHORT TITLE. partment of Transportation (CPF No. 1–2002– ‘‘(f) TITLE; RESPONSIBILITY; LIABILITY.— This Act may be cited as the ‘‘Delaware 1004–H). Nothing in this section or assistance pro- (e) FERC CONSULTATION.—The Corporation Water Gap National Recreation Area Natural vided under this section shall be construed shall comply with all other requirements for Gas Pipeline Enlargement Act’’. to transfer title, responsibility, or liability certification by the Federal Energy Regu- related to the Equus Beds Division (includ- SEC. 2. DEFINITIONS. latory Commission that are necessary to per- ing portions or features thereof) to the In this Act: mit the increase in pipeline size. United States. (1) CORPORATION.—The term ‘‘Corporation’’ (f) LIMITATION.—The Secretary shall not ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— means the Columbia Gas Transmission Cor- grant any additional increases in the diame- There is authorized to be appropriated as the poration. ter of, or easements for, the pipeline within Federal share of the total cost of the Equus (2) PIPELINE.—The term ‘‘pipeline’’ means the boundary of the Recreation Area after Beds Division, an amount not to not exceed that portion of the pipeline of the Corpora- the date of enactment of this Act. 25 percent of the total cost or $30,000,000 tion numbered 1278 that is— (g) EFFECT ON RIGHT-OF-WAY EASEMENT.— (January, 2003 prices), whichever is less, plus (A) located in the Recreation Area; and Nothing in this Act increases the 50-foot or minus such amounts, if any, as may be (B) situated on 2 tracts designated by the right-of-way easement for the pipeline. justified by reason of ordinary fluctuations Corporation as ROW No. 16405 and No. ø16414¿ (h) PENALTIES.—On request of the Sec- in construction costs as indicated by engi- 16413. retary, the Attorney General may bring a

VerDate Aug 31 2005 07:19 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00247 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.141 S16DEPT1 S13936 CONGRESSIONAL RECORD — SENATE December 16, 2005

civil action against the Corporation in (c) PERMITS.— on which a feasible alternative is available United States district court to recover dam- (1) IN GENERAL.—The Superintendent may or noon of September 30, 2015’’; and ages and response costs under Public Law issue a permit to the Corporation for the use (ii) by striking ‘‘not exceed $25 per trip’’ 101–337 (16 U.S.C. 19jj et seq.) or any other ap- of the Recreation Area in accordance with and inserting the following: ‘‘be established plicable law if— subsection (b) for the temporary construc- at a rate that would cover the cost of collec- (1) the Corporation— tion and staging areas required for the con- tion of the commercial use fee, but not to ex- (A) violates a provision of— struction of the enlarged pipeline. ceed $40 per trip’’. (i) an easement authorized under sub- (2) PRIOR TO ISSUANCE.—The easement au- SEC. 5. TERMINATION OF NATIONAL PARK SYS- section (a); or thorized under subsection (a) and the permit TEM ADVISORY BOARD. (ii) a permit issued under subsection (c); or authorized under paragraph (1) shall require Effective on January 1, 2006, section 3(f) of (B) fails to submit or timely implement a that before the Superintendent issues a per- the Act of August 21, 1935 (16 U.S.C. 463(f)) is restoration and mitigation plan approved mit for any clearing or construction, the amended in the first sentence by striking under subsection (c)(3); and Corporation shall— ‘‘2006’’ and inserting ‘‘2007’’. (2) the violation or failure destroys, results (A) consult with the Superintendent; AMENDMENT NO. 2684 in the loss of, or injures any park system re- (B) identify natural and cultural resources Amend the title so as to read: ‘‘A bill to source (as defined in section 1 of Public Law of the Recreation Area that may be damaged authorize the Secretary of the Interior to 101–337 (16 U.S.C. 19jj)). or lost because of the clearing or construc- allow the Columbia Gas Transmission Cor- SEC. 4. TERMINATION OF NATIONAL PARK SYS- tion; and poration to increase the diameter of a nat- TEM ADVISORY BOARD. (C) submit to the Superintendent for ap- Section 3(f) of the Act of August 21, 1935 (16 ural gas pipeline located in the Delaware proval a restoration and mitigation plan Water Gap National Recreation Area, to U.S.C. 463(f)) is amended in the first sentence by that— striking ‘‘2006’’ and inserting ‘‘2008’’. allow certain commercial vehicles to con- (i) describes how the land subject to the tinue to use Route 209 within Delaware Amend the title so as to read: ‘‘A bill to easement will be maintained; and authorize the Secretary of the Interior to Water Gap National Recreation Area, and to (ii) includes a schedule for, and description extend the termination date of the National allow the Columbia Gas Transmission Cor- of, the specific activities to be carried out by poration to increase the diameter of a nat- Park System Advisory Board to January 1, the Corporation to mitigate the damages or 2007.’’. ural gas pipeline located in the Delaware losses to, or restore, the natural and cultural Water Gap National Recreation Area and to resources of the Recreation Area identified The bill (S. 1310), as amended, was extend the termination date of the National under subparagraph (B). read the third time and passed. Park System Advisory Board to January 1, (d) PIPELINE REPLACEMENT REQUIRE- f 2008.’’. MENTS.—The enlargement of the pipeline au- The amendments (Nos. 2683 and 2684) thorized under subsection (a) shall be consid- AMENDING PUBLIC LAW 97–435 were agreed to, as follows: ered to meet the pipeline replacement re- The bill (S. 1552) to amend Public AMENDMENT NO. 2683 quirements required by the Research and Law 97–435 to extend the authorization (Purpose: To provide a complete substitute) Special Programs Administration of the De- partment of Transportation (CPF No. 1–2002– for the Secretary of the Interior to re- Strike all after the enacting clause and in- 1004–H). lease certain conditions contained in a sert the following: (e) FERC CONSULTATION.—The Corporation patent concerning certain land con- SECTION 1. SHORT TITLE. shall comply with all other requirements for veyed by the United States to Eastern This Act may be cited as the ‘‘Delaware certification by the Federal Energy Regu- Washington University until December Water Gap National Recreation Area Im- latory Commission that are necessary to per- 31, 2009, was read the third time, and provement Act’’. mit the increase in pipeline size. SEC. 2. DEFINITIONS. (f) LIMITATION.—The Secretary shall not passed, as follows: In this Act: grant any additional increases in the diame- S. 1552 (1) CORPORATION.—The term ‘‘Corporation’’ ter of, or easements for, the pipeline within Be it enacted by the Senate and House of Rep- means the Columbia Gas Transmission Cor- the boundary of the Recreation Area after resentatives of the United States of America in poration. the date of enactment of this Act. Congress assembled, (2) PIPELINE.—The term ‘‘pipeline’’ means (g) EFFECT ON RIGHT-OF-WAY EASEMENT.— SECTION 1. EASTERN WASHINGTON UNIVERSITY that portion of the pipeline of the Corpora- Nothing in this Act increases the 50-foot LAND TRANSFER AUTHORIZATION tion numbered 1278 that is— right-of-way easement for the pipeline. EXTENSION. (A) located in the Recreation Area; and (h) PENALTIES.—On request of the Sec- Section 1(c) of Public Law 97–435 (96 Stat. (B) situated on 2 tracts designated by the retary, the Attorney General may bring a 2281) is amended by striking ‘‘five years after Corporation as ROW No. 16405 and No. 16413. civil action against the Corporation in the enactment of this Act’’ and inserting ‘‘on (3) RECREATION AREA.—The term ‘‘Recre- United States district court to recover dam- December 31, 2009’’. ages and response costs under Public Law ation Area’’ means the Delaware Water Gap f National Recreation Area in the Common- 101–337 (16 U.S.C. 19jj et seq.) or any other ap- wealth of Pennsylvania. plicable law if— UPPER COLORADO AND SAN JUAN (4) SECRETARY.—The term ‘‘Secretary’’ (1) the Corporation— RIVER BASIN ENDANGERED FISH means the Secretary of the Interior. (A) violates a provision of— RECOVERY PROGRAMS REAU- (5) SUPERINTENDENT.—The term ‘‘Super- (i) an easement authorized under sub- THORIZATION ACT OF 2005 intendent’’ means the Superintendent of the section (a); or Recreation Area. (ii) a permit issued under subsection (c); or The bill (S. 1578) to reauthorize the SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS (B) fails to submit or timely implement a Upper Colorado and San Juan River PIPELINE. restoration and mitigation plan approved Basin endangered fish recovery imple- (a) IN GENERAL.—The Secretary may enter under subsection (c)(2)(C); and mentation programs, was read the into an agreement with the Corporation to (2) the violation or failure destroys, results third time and passed, as follows: grant to the Corporation an easement to en- in the loss of, or injures any park system re- S. 1578 large the diameter of the pipeline from 14 source (as defined in section 1 of Public Law inches to not more than 20 inches. 101–337 (16 U.S.C. 19jj)). Be it enacted by the Senate and House of Rep- (b) TERMS AND CONDITIONS.—The easement SEC. 4. USE OF CERTAIN ROADS WITHIN DELA- resentatives of the United States of America in authorized under subsection (a) shall— WARE WATER GAP. Congress assembled, (1) be consistent with— Section 702 of Division I of the Omnibus SECTION 1. SHORT TITLE. (A) the recreational values of the Recre- Parks and Public Lands Management Act of This Act may be cited as the ‘‘Upper Colo- ation Area; and 1996 (Public Law 104-333; 110 Stat. 4185) is rado and San Juan River Basin Endangered (B) protection of the resources of the amended— Fish Recovery Programs Reauthorization Recreation Area; (1) in subsection (a), by striking ‘‘at noon Act of 2005’’. (2) include provisions for the protection of on September 30, 2005’’ and inserting ‘‘on the SEC. 2. UPPER COLORADO AND SAN JUAN RIVER resources in the Recreation Area that ensure earlier of the date on which a feasible alter- BASIN ENDANGERED FISH RECOV- that only the minimum and necessary native is available or noon of September 30, ERY IMPLEMENTATION PROGRAMS. amount of disturbance, as determined by the 2015’’; and Section 3 of Public Law 106–392 (114 Stat. Secretary, shall occur during the construc- (2) in subsection (c)— 1602; 116 Stat. 3113) is amended— tion or maintenance of the enlarged pipeline; (A) in paragraph (1), by striking ‘‘Sep- (1) in subsection (a)— (3) be consistent with the laws (including tember 30, 2005’’ and inserting ‘‘on the earlier (A) in paragraph (1), by striking regulations) and policies applicable to units of the date on which a feasible alternative is ‘‘$46,000,000’’ and inserting ‘‘$61,000,000’’; of the National Park System; and available or September 30, 2015’’; and (B) in paragraph (2), by striking ‘‘2008’’ and (4) be subject to any other terms and con- (B) in paragraph (2)— inserting ‘‘2010’’; and ditions that the Secretary determines to be (i) by striking ‘‘noon on September 30, (C) in paragraph (3), by striking ‘‘2008’’ and necessary; 2005’’ and inserting ‘‘the earlier of the date inserting ‘‘2010’’;

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00248 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.107 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13937 (2) in subsection (b)— read a third time and passed, the mo- A resolution (S. Res. 283) recognizing the (A) by striking ‘‘$100,000,000’’ and inserting tion to reconsider be laid upon the contributions of Korean Americans to the ‘‘$126,000,000’’; table, and that any statements relating United States and encouraging the celebra- (B) in paragraph (1)— tion of ‘‘Korean American Day.’’ to the bill be printed in the RECORD. (i) by striking $82,000,000’’ and inserting There being no objection, the Senate ‘‘$108,000,000’’; and The PRESIDING OFFICER. Without objection, it is so ordered. proceeded to consider the resolution. (ii) by striking ‘‘2008’’ and inserting ‘‘2010’’; Mr. FRIST. Mr. President, I ask and The bill (H.R. 4508) was read the third (C) in paragraph (2), by striking ‘‘2008’’ and time and passed. unanimous consent that the resolution inserting ‘‘2010’’; and Mr. FRIST. Mr. President, that par- be agreed to, the preamble be agreed (3) in subsection (c)(4)— ticular bill, the Coast Guard Hurricane to, and the motion to reconsider be laid (A) in the first sentence, by inserting ‘‘and Relief Act of 2005, again gives me the upon the table. the Elkhead Reservoir enlargement’’ after opportunity to comment and really The PRESIDING OFFICER. Without ‘‘Wolford Mountain Reservoir’’; and praise the tremendous work that was objection, it is so ordered. (B) in the second sentence, by striking The resolution (S. Res. 283) was ‘‘$20,000,000’’ and inserting ‘‘$31,000,000’’. carried out by our Coast Guard in the recent hurricanes. agreed to. f Many of us had the opportunity to The preamble was agreed to. The resolution, with its preamble, SOUTHERN OREGON BUREAU OF tell them directly, both in Mississippi reads as follows: RECLAMATION REPAYMENT ACT and in Louisiana, and thank them for OF 2005 their tremendous and heroic effort. We S. RES. 283 Whereas on January 13, 1903, the arrival of The bill (H.R. 4195) to authorize early had the opportunity to witness much of that on television over those first few 102 pioneer immigrants to the United States repayment of obligations to the Bureau initiated the first chapter of Korean immi- of Reclamation within Rogue River days after the hurricane. But to have gration to the United States; Valley Irrigation District or within the opportunity to look these individ- Whereas members of the early Korean Medford Irrigation District, was con- uals in the eyes and thank them and American community served with distinc- sidered, ordered to a third reading, shake their hand has been a privilege tion in the Armed Forces of the United read the third time, and passed. that some of us on the floor have had. States during World War I, World War II, and the conflict in Korea; f It has been a tremendous job that makes America proud. Whereas in the early 1950s, thousands of AMENDING THE FEDERAL WATER Koreans, fleeing from war, poverty, and deso- f POLLUTION CONTROL ACT lation, came to the United States seeking RECOGNIZING COMMODORE JOHN opportunities; Mr. FRIST. Mr. President, I ask BARRY AS THE FIRST FLAG OF- Whereas Korean Americans, like waves of unanimous consent that the Senate FICER OF THE UNITED STATES immigrants to the United States before them, have taken root and thrived as a re- now proceed to H.R 3963, just received NAVY from the House and at the desk. sult of strong family ties, robust community The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask support, and countless hours of hard work; clerk will report the bill by title. unanimous consent that the Senate Whereas the contributions of Korean proceed to the immediate consider- Americans to the United States include the The assistant legislative clerk read invention of the first beating heart operation as follows: ation of H.J. Res. 38, which was received from the House. for coronary artery heart disease, develop- A bill (H.R. 3963) to amend the Federal ment of the nectarine, a 4-time Olympic gold Water Pollution Control Act to extend the The PRESIDING OFFICER. The medalist, and achievements in engineering, authorization of appropriations for Long Is- clerk will report the joint resolution architecture, medicine, acting, singing, land Sound. by title. sculpture, and writing; There being no objection, the Senate The assistant legislative clerk read Whereas Korean Americans play a crucial proceeded to consider the bill. as follows: role in maintaining the strength and vitality A joint resolution (H.J. Res. 38) recog- of the United States-Korean partnership; Mr. FRIST. Mr. President, I ask Whereas the centennial year of 2003 unanimous consent that the bill be nizing Commodore John Barry as the first flag officer of the United States Navy. marked an important milestone in the now read a third time and passed, the mo- more than 100-year history of Korean immi- tion to reconsider be laid upon the There being no objection, the Senate gration; and table and that any statements relating proceeded to consider the joint resolu- Whereas the Centennial Committees of Ko- to the bill be printed in the RECORD. tion. rean Immigration and Korean Americans The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask have designated January 13th of each year as objection, it is so ordered. unanimous consent that the joint reso- ‘‘Korean American Day’’ to memorialize the lution be read a third time and passed, more than 100-year journey of Korean Ameri- The bill (H.R. 3963) was read the third cans in the United States: Now, therefore, be time and passed. the preamble be agreed to, the motion to reconsider be laid upon the table, it f Resolved, That the Senate— and that any statements relating to (1) supports the goals and ideals of a ‘‘Ko- COAST GUARD HURRICANE RELIEF the joint resolution be printed in the rean American Day’’; ACT OF 2005 RECORD. (2) commemorates the 103rd anniversary of Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without the arrival of the first Korean immigrants to unanimous consent that the Senate objection, it is so ordered. the United States; and proceed to the immediate consider- The joint resolution (H.J. Res. 38) (3) encourages the people of the United was read the third time and passed. States to— ation of H.R. 4508, which was received (A) share in such commemoration in order from the House. The preamble was agreed to. to greater appreciate the valuable contribu- The PRESIDING OFFICER. The f tions Korean Americans have made to the clerk will report the bill by title. RECOGNIZING THE CONTRIBU- United States; and The assistant legislative clerk read TIONS OF KOREAN AMERICANS (B) to observe ‘‘Korean American Day’’ as follows: with appropriate programs, ceremonies, and TO THE UNITED STATES activities. A bill (H.R. 4508) to commend the outstanding efforts in response to Hurricane Mr. FRIST. Mr. President, I ask f Katrina by members and employees of the unanimous consent that the Judiciary Coast Guard, to provide temporary relief to Committee be discharged from further THE CALENDAR certain persons affected by such hurricane consideration of and the Senate now Mr. FRIST. Mr. President, I ask with respect to certain laws administered by proceed to S. Res. 283. unanimous consent that the Senate the Coast Guard, and for other purposes. The PRESIDING OFFICER. Without proceed to the immediate consider- There being no objection, the Senate objection, it is ordered. The clerk will ation of Calendar Nos. 286, 303, and 305, proceeded to consider the bill. report the resolution by title. en bloc. Mr. FRIST. Mr. President, I ask The assistant legislative clerk read I ask unanimous consent that the unanimous consent that the bill be as follows: committee-reported amendments be

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00249 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.110 S16DEPT1 S13938 CONGRESSIONAL RECORD — SENATE December 16, 2005 agreed to, the bills, as amended, be ping technology for all System units and (B) a summary of the comments received read a third time and passed, the mo- otherwise protected areas. from Governors, other government officials, tions to reconsider be laid upon the (d) AUTHORIZATION OF APPROPRIATIONS.— and the public regarding the digital maps There is authorized to be appropriated to the table, and any statements relating to created under this section; Secretary to carry out this section $500,000 (C) recommendations for the adoption of the bills be printed in the RECORD en for each of fiscal years 2006 through 2007. the digital maps created under this section bloc. SEC. 4. DIGITAL MAPPING PROJECT FOR THE RE- by Congress; The PRESIDING OFFICER. Without MAINING JOHN H. CHAFEE COASTAL (D) recommendations for expansion of the objection, it is so ordered. BARRIER RESOURCES SYSTEM John H. Chafee Coastal Barrier Resources UNITS AND OTHERWISE PROTECTED System and otherwise protected areas, as in f AREAS. existence on the date of enactment of this (a) IN GENERAL.—The Secretary shall carry COASTAL BARRIER RESOURCES Act; out a project to create digital versions of all REAUTHORIZATION ACT OF 2005 (E) a summary and update on the imple- of the John H. Chafee Coastal Barrier Re- mentation and use of the digital maps cre- The Senate proceeded to consider the sources System maps referred to in section ated under the pilot project; and bill (S. 1869) to reauthorize the Coastal 4(a) of the Coastal Barrier Resources Act (16 (F) a description of the feasibility of, and Barrier Resources Act, and for other U.S.C. 3503(a)), including maps of otherwise the amount of funding necessary for— protected areas, that were not included in purposes, which had been reported from (i) making all of the System unit and oth- the Committee on Environment and the pilot project. (b) DATA.— erwise protected area maps available to the Public Works with an amendment. (1) USE OF EXISTING DATA.—To the max- public in digital format; and [Strike the part shown in black imum extent practicable, in carrying out the (ii) facilitating the integration of digital brackets.] project under this section, the Secretary System unit and otherwise protected area S. 1869 shall use any digital spatial data in the pos- boundaries into Federal, State, and local Be it enacted by the Senate and House of Rep- session of Federal, State, and local agencies, planning tools. resentatives of the United States of America in including digital orthophotos, color infrared (d) AUTHORIZATION OF APPROPRIATIONS.— Congress assembled, photography, wetlands data, and property There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 SECTION 1. SHORT TITLE. parcel data. for each of fiscal years 2006 through 2010. This Act may be cited as the ‘‘Coastal Bar- (2) PROVISION OF DATA BY OTHER AGEN- rier Resources Reauthorization Act of 2005’’. CIES.—The head of a Federal agency that pos- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. SEC. 2. DEFINITIONS. sesses any data referred to in paragraph (1) Section 10 of the Coastal Barrier Resources In this Act: shall, on request of the Secretary, promptly Act (16 U.S.C. 3510) is amended by striking (1) OTHERWISE PROTECTED AREA.—The term provide the data to the Secretary at no cost. ‘‘2001, 2002, 2003, 2004, and 2005’’ and inserting ø ¿ ‘‘otherwise protected area’’ has the meaning (3) PROVISION OF DATA BY NON-FEDERAL ‘‘each of fiscal years 2006 through 2010’’. given the term in section 12 of the Coastal AGENCIES.—State and local agencies and any The committee amendment was Barrier Improvement Act of 1990 (16 U.S.C. other non-Federal entities that possess data agreed to. 3503 note; Public Law 101–591). referred to in paragraph (1) are encouraged, The bill (S. 1869), as amended, was (2) PILOT PROJECT.—The term ‘‘pilot on request of the Secretary, to promptly pro- read the third time and passed. project’’ means the digital mapping pilot vide the data to the Secretary at no cost. project authorized under section 6 of the (4) ADDITIONAL DATA.—If the Secretary de- f Coastal Barrier Resources Reauthorization termines that any data necessary to carry JAMES CAMPBELL NATIONAL Act of 2000 (16 U.S.C. 3503 note; Public Law out the project under this section does not WILDLIFE REFUGE EXPANSION exist, the Director of the United States Fish 106–514). ACT OF 2005 (3) SECRETARY.—The term ‘‘Secretary’’ and Wildlife Service shall enter into an means the Secretary of the Interior. agreement with the Director of the United The Senate proceeded to consider the (4) SYSTEM UNIT.—The term ‘‘System unit’’ States Geological Survey under which the bill (S. 1165) to provide for the expan- has the meaning given the term in section 3 United States Geological Survey, in coopera- sion of the James Campbell National of the Coastal Barrier Resources Act (16 tion with the heads of other Federal agen- Wildlife Refuge, Honolulu County, Ha- U.S.C. 3502). cies, as appropriate, shall obtain and provide waii, which had been reported from the to the Director of the United States Fish and SEC. 3. DIGITAL MAPPING PILOT PROJECT FI- Committee on Environment and Public NALIZATION. Wildlife Service the data required to carry (a) IN GENERAL.—Not later than 2 years out this section. Works with amendments. after the date of enactment of this Act, the (5) DATA STANDARDS.—All data used or cre- [Strike the part shown in black Secretary shall submit to the Committee on ated to carry out this section shall comply brackets and insert the part shown in Environment and Public Works of the Senate with— italic.] and the Committee on Resources of the (A) the National Spatial Data Infrastruc- S. 1165 House of Representatives a report regarding ture established by Executive Order No. 12906 Be it enacted by the Senate and House of Rep- the digital maps of the System units and (59 Fed. Reg. 17671); and resentatives of the United States of America in otherwise protected areas created under the (B) any other standards established by the Congress assembled, pilot project. Federal Geographic Data Committee estab- (b) CONSULTATION.—The Secretary shall lished by the Office of Management and SECTION 1. SHORT TITLE. prepare the report required under subsection Budget circular numbered A–16. This Act may be cited as the ‘‘James (a)— (c) REPORT.— Campbell National Wildlife Refuge Expan- (1) in consultation with the Governors of (1) IN GENERAL.—Not later than 5 years sion Act of 2005’’. the States in which any System units and after the submission of the report under sec- SEC. 2. FINDINGS. otherwise protected areas are located; and tion 3(a), the Secretary shall submit to the Congress finds that— (2) after— Committee on Environment and Public (1) the United States Fish and Wildlife (A) providing an opportunity for the sub- Works of the Senate and the Committee on Service manages the James Campbell Na- mission of public comments; and Resources of the House of Representatives a tional Wildlife Refuge for the purpose of pro- (B) considering any public comments sub- report regarding the digital maps created moting the recovery of 4 species of endan- mitted under subparagraph (A). under this section. gered Hawaiian waterbirds; (c) CONTENTS.—The report required under (2) CONSULTATION.—The Secretary shall (2) the United States Fish and Wildlife subsection (a) shall contain— prepare the report required under paragraph Service leases approximately 240 acres of (1) the final recommended digital maps (1)— high-value wetland habitat (including ponds, created under the pilot project; (A) in consultation with the Governors of marshes, freshwater springs, and adjacent (2) recommendations for the adoption of the States in which the System units and land) and manages the habitat in accordance the digital maps by Congress; otherwise protected areas are located; and with the National Wildlife Refuge System (3) a summary of the comments received (B) after— Improvement Act (16 U.S.C. 668dd note; Pub- from the Governors of the States, other gov- (i) providing an opportunity for the sub- lic Law 105–312); ernment officials, and the public regarding mission of public comments; and (3) the United States Fish and Wildlife the digital maps; (ii) considering any public comments sub- Service entered into a contract to purchase (4) a summary and update of the protocols mitted under clause (i). in fee title the land described in paragraph and findings of the report required under sec- (3) CONTENTS.—The report required under (2) from the estate of James Campbell for the tion 6(d) of the Coastal Barrier Resources paragraph (1) shall contain— purposes of— Reauthorization Act of 2000 (16 U.S.C. 3503 (A) a description of the extent to which the (A) permanently protecting the endangered note; Public Law 106–514); and boundary lines on the digital maps differ species habitat; and (5) an analysis of any benefits that the from the boundary lines on the original (B) improving the management of the Ref- public would receive by using digital map- maps; uge;

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00250 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.124 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13939

(4) the United States Fish and Wildlife (b) INCLUSION.—Any land, water, or inter- Internet, or telephonic system used for a Service has identified for inclusion in the est acquired by the Secretary pursuant to purpose described in subparagraph (A). Refuge approximately 800 acres of additional this section shall— (3) ELECTRONIC STAMP.—The term ‘‘elec- high-value wildlife habitat adjacent to the (1) become part of the Refuge; and tronic stamp’’ means an electronic version of Refuge that are owned by the estate of (2) be administered in accordance with ap- an actual stamp that— James Campbell; plicable law. (A) is a unique identifier for the individual (5) the land of the estate of James Camp- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. to whom it is issued; bell on the Kahuku Coast features coastal There are authorized to be appropriated (B) can be printed on paper; dunes, coastal wetlands, and coastal strand such sums as are necessary to carry out this (C) is issued through a State automated li- that promote biological diversity for threat- Act. censing system that is authorized, under ened and endangered species, including— The committee amendments were State law and by the Secretary under this (A) the 4 species of endangered Hawaiian Act, to issue electronic stamps; waterbirds described in paragraph (1); agreed to. (D) is compatible with the hunting licens- (B) migratory shorebirds; The bill (S. 1165), as amended, was ing system of the State that issues the elec- (C) waterfowl; read the third time and passed. tronic stamp; and (D) seabirds; f (E) is described in the State application (E) endangered and native plant species; approved by the Secretary under section 4(b). ELECTRONIC DUCK STAMP ACT OF (F) endangered monk seals; and (4) SECRETARY.—The term ‘‘Secretary’’ (G) green sea turtles; 2005 means the Secretary of the Interior. (6) because of extensive coastal develop- The Senate proceeded to consider the SEC. 4. ELECTRONIC DUCK STAMP PILOT PRO- ment, habitats of the type within the Refuge bill (S. 1496) to direct the Secretary of GRAM. are increasingly rare on the Hawaiian is- the Interior to conduct a pilot program (a) REQUIREMENT TO CONDUCT PROGRAM.— lands; under which up to 15 States may issue The Secretary shall conduct a 3-year pilot (7) expanding the Refuge will provide in- program under which up to 15 States author- creased opportunities for wildlife-dependent electronic Federal migratory bird ized by the Secretary may issue electronic public uses, including wildlife observation, hunting stamps, which had been re- stamps. photography, and environmental education ported from the Committee on Envi- (b) COMMENCEMENT AND DURATION OF PRO- and interpretation; and ronment and Public Works with GRAM.—The Secretary shall— (8) acquisition of the land described in amendments. (1) use all means necessary to expedi- paragraph (4)— [Strike the part shown in black tiously implement this section by the date (A) will create a single, large, manageable, brackets and insert the part shown in that is 1 year after the beginning of the first and ecologically-intact unit that includes italic.] full Federal migratory waterfowl hunting sufficient buffer land to reduce impacts on season after the date of enactment of this the Refuge; and S. 1496 Act; and (B) is necessary to reduce flood damage fol- Be it enacted by the Senate and House of Rep- (2) carry out the pilot program for 3 Fed- lowing heavy rainfall to residences, busi- resentatives of the United States of America in eral migratory waterfowl hunting seasons. nesses, and public buildings in the town of Congress assembled, (c) CONSULTATION.—The Secretary shall Kahuku. SECTION 1. SHORT TITLE. carry out the program in consultation with SEC. 3. DEFINITIONS. This Act may be cited as the ‘‘Electronic State management agencies. In this Act: Duck Stamp Act of 2005’’. SEC. 5. STATE APPLICATION. (1) DIRECTOR.—The term ‘‘Director’’ means SEC. 2. FINDINGS. (a) APPROVAL OF APPLICATION REQUIRED.— the Director of the United States Fish and Congress finds that— A State may not participate in the pilot pro- Wildlife Service. (1) on March 16, 1934, Congress passed and gram under this Act unless the Secretary (2) REFUGE.—The term ‘‘Refuge’’ means the President Roosevelt signed the Act of March has received and approved an application James Campbell National Wildlife Refuge es- 16, 1934 (16 U.S.C. 718a et seq.) (popularly submitted by the State in accordance with tablished pursuant to the Endangered Spe- known as the ‘‘Duck Stamp Act’’), which re- this section. cies Act of 1973 (16 U.S.C. 1531 et seq.). quires all migratory waterfowl hunters 16 (b) CONTENTS OF APPLICATION.—The Sec- (3) SECRETARY.—The term ‘‘Secretary’’ years of age or older to buy a Federal migra- retary may not approve a State application means the Secretary of the Interior. tory bird hunting and conservation stamp unless the application contains— annually; (1) a description of the format of the elec- SEC. 4. EXPANSION OF REFUGE. (2) the Federal Duck Stamp program has tronic stamp that the State will issue under (a) EXPANSION.—The boundary of the Ref- become one of the most popular and success- the pilot program, including identifying fea- uge is expanded to include the approxi- ful conservation programs ever initiated; tures of the licensee that will be specified on mately 1,100 acres of land (including any (3) because of that program, the United the stamp; water and interest in the land) depicted on States again is teeming with migratory wa- (2) a description of any fee the State will the map entitled ‘‘James Campbell National terfowl and other wildlife that benefit from charge for issuance of an electronic stamp; ø ¿ Wildlife Refuge—Expansion’’, and on file wetland habitats; (3) a description of the process the State dated October 20, 2005, and on file in the office (4) as of the date of enactment of this Act, will use to account for and transfer to the of the Director. 1,700,000 migratory bird hunting and con- Secretary the amounts collected by the (b) BOUNDARY REVISIONS.—øNot later than servation stamps are sold each year; State that are required to be transferred to 90 days after the date of enactment of this (5) as of 2003, those stamps have generated the Secretary under the program; Act, the Secretary may¿ The Secretary may more than $600,000,000 in revenue that has (4) the manner by which the State will make such minor modifications to the been used to preserve more than 5,000,000 transmit electronic stamp customer data to boundary of the Refuge as the Secretary de- acres of migratory waterfowl habitat in the the Secretary; termines to be appropriate to— United States; and (5) the manner by which actual stamps will (1) achieve the goals of the United States (6) many of the more than 540 national be delivered; Fish and Wildlife Service relating to the Ref- wildlife refuges have been paid for wholly or (6) the policies and procedures under which uge; or partially with that revenue. the State will issue duplicate electronic (2) facilitate the acquisition of property SEC. 3. DEFINITIONS. stamps; and within the Refuge. In this Act: (7) such other policies, procedures, and in- (c) AVAILABILITY OF MAP.— (1) ACTUAL STAMP.—The term ‘‘actual formation as may be reasonably required by (1) IN GENERAL.—The map described in sub- stamp’’ means a Federal migratory-bird the Secretary. section (a) shall remain available for inspec- hunting and conservation stamp required (c) PUBLICATION OF DEADLINES, ELIGIBILITY tion in an appropriate office of the United under the Act of March 16, 1934 (16 U.S.C. REQUIREMENTS, AND SELECTION CRITERIA.— States Fish and Wildlife Service, as deter- 718a et seq.) (popularly known as the ‘‘Duck Not later than 30 days before the date on mined by the Secretary. Stamp Act’’), that is printed on paper and which the Secretary begins accepting appli- (2) NOTICE.—As soon as practicable after sold through a means in use immediately be- cations for participation in the pilot pro- the date of enactment of this Act, the Sec- fore the date of enactment of this Act. gram, the Secretary shall publish— retary shall publish in the Federal Register (2) AUTOMATED LICENSING SYSTEM.— (1) deadlines for submission of applications and any publication of local circulation in (A) IN GENERAL.—The term ‘‘automated li- to participate in the program; the area of the Refuge notice of the avail- censing system’’ means an electronic, com- (2) eligibility requirements for participa- ability of the map. puterized licensing system used by a State tion in the program; and SEC. 5. ACQUISITION OF LAND AND WATER. fish and wildlife agency to issue hunting, (3) criteria for selecting States to partici- (a) IN GENERAL.—Subject to the avail- fishing, and other associated licenses and pate in the program. ability of appropriated funds, the Secretary products. SEC. 6. STATE OBLIGATIONS AND AUTHORITIES. may acquire the land described in section (B) INCLUSION.—The term ‘‘automated li- (a) DELIVERY OF ACTUAL STAMP.—The Sec- 4(a). censing system’’ includes a point-of-sale, retary shall require that each individual to

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00251 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.114 S16DEPT1 S13940 CONGRESSIONAL RECORD — SENATE December 16, 2005

whom a State sells an electronic stamp the Secretary, which shall not exceed 45 (16 U.S.C. 718b) is amended by striking ‘‘SEC. under the pilot program shall receive an ac- days. 2.’’ and all that follows through the end of sub- tual stamp— SEC. 8. TERMINATION OF STATE PARTICIPATION. section (a) and inserting the following: (1) by not later than the date on which the Participation by a State in the pilot pro- ‘‘SEC. 2. SALES; FUND DISPOSITION; UNSOLD electronic stamp expires under section 7(c); gram may be terminated— STAMPS. and (1) by the Secretary, if the Secretary— ‘‘(a) SALES.— (2) in a manner agreed upon by the State (A) finds that the State has violated any of ‘‘(1) IN GENERAL.—The stamps required under and Secretary. the terms of the application of the State ap- section 1 shall be sold by the Postal Service and (b) COLLECTION AND TRANSFER OF ELEC- proved by the Secretary under section 5; and may be sold by the Department of the Interior, TRONIC STAMP REVENUE AND CUSTOMER IN- (B) provides to the State written notice of pursuant to regulations promulgated jointly by FORMATION.— the termination by not later than the date the Postal Service and the Secretary, at— (1) REQUIREMENT TO TRANSMIT.—The Sec- that is 30 days before the date of termi- ‘‘(A) any post office; and retary shall require each State participating nation; or ‘‘(B) such other establishments, facilities, or in the pilot program to collect and submit to (2) by the State, by providing written no- locations as the Postal Service or the Secretary the Secretary in accordance with this sec- tice to the Secretary by not later than the (or a designee) may direct or authorize. tion— date that is 30 days before the termination ‘‘(2) PROCEEDS.—The funds received from the (A) the first name, last name, and com- date. sale of stamps under this Act by the Department of the Interior shall be deposited in the Migra- plete mailing address of each individual that SEC. 9. EVALUATION. tory Bird Conservation Fund in accordance purchases an electronic stamp from the (a) EVALUATION.—The Secretary, in con- State; sultation with State fish and wildlife man- with section 4. ‘‘(3) MINIMUM AND MAXIMUM VALUES.—Except (B) the face value amount of each elec- agement agencies and appropriate stake- as provided in subsection (b), the Postal Service tronic stamp sold by the State; and holders with expertise specific to the duck shall collect the full face value of each stamp (C) the amount of the Federal portion of stamp program, shall evaluate the pilot pro- sold under this section for the applicable hunt- any fee required by the agreement for each gram and determine whether the pilot pro- ing year. stamp sold. gram has provided a cost-effective and con- ‘‘(4) VALIDITY.—No stamp sold under this Act (2) TIME OF TRANSMITTAL.—The Secretary venient means for issuing migratory-bird shall require the submission under paragraph shall be valid under any circumstances to au- hunting and conservation stamps, including thorize the taking of migratory waterfowl ex- (1) to be made with respect to sales of elec- whether the program has— tronic stamps by a State occurring in a cept— (1) increased the availability of those ‘‘(A) in compliance with Federal and State month— stamps; laws (including regulations); (A) by not later than the 15th day of the (2) assisted States in meeting the customer ‘‘(B) on the condition that the individual so subsequent month; or service objectives of the States with respect taking the waterfowl wrote the signature of the (B) as otherwise specified in the applica- to those stamps; individual in ink across the face of the stamp tion of the State approved by the Secretary (3) maintained actual stamps as an effec- prior to the taking; and under section 5. tive and viable conservation tool; and ‘‘(C) during the hunting year for which the (3) ADDITIONAL FEES NOT AFFECTED.—This (4) maintained adequate retail availability stamp was issued. section shall not apply to the State portion of the øtraditional paper¿ actual stamp. ‘‘(5) UNUSED STAMPS.— of any fee collected by a State under sub- (b) REPORT.—The Secretary shall submit to ‘‘(A) DEFINITION OF RETAIL DEALER.—In this section (c). Congress a report on the findings of the Sec- paragraph, the term ‘retail dealer’ means— (c) ELECTRONIC STAMP ISSUANCE FEE.—A retary under subsection (a). ‘‘(i) any individual or entity that is regularly State participating in the pilot program may SEC. 10. TECHNICAL CORRECTIONS. engaged in the business of retailing hunting or charge a reasonable fee to cover costs in- (a) PROHIBITION ON TAKING.—The first section fishing equipment; and curred by the State and the Department of of the Act of March 16, 1934 (16 U.S.C. 718a) is ‘‘(ii) any individual or entity duly authorized the Interior in issuing electronic stamps amended by striking ‘‘That no person who has to act as an agent of a State or political subdivi- under the program, including costs of deliv- attained the age of sixteen years’’ and all that sion of a State for the sale of State or county ery of actual stamps. follows through the end of the section and in- hunting or fishing licenses. (d) DUPLICATE ELECTRONIC STAMPS.—A serting the following: ‘‘(B) REDEMPTION OF UNUSED STAMPS.—The State participating in the pilot program may ‘‘SECTION 1. PROHIBITION ON TAKING. Department of the Interior, pursuant to regula- issue a duplicate electronic stamp to replace ‘‘(a) PROHIBITION.— tions promulgated by the Secretary, shall pro- an electronic stamp issued by the State that ‘‘(1) IN GENERAL.—Except as provided in para- vide for the redemption, on or before the 30th is lost or damaged. graph (2), no individual who has attained the day of June of each year, of unused stamps (e) LIMITATION ON AUTHORITY TO REQUIRE age of 16 years shall take any migratory water- issued for the year under this Act that— PURCHASE OF STATE LICENSE.—A State may fowl unless, at the time of the taking, the indi- ‘‘(i) were sold on consignment to any person not require that an individual purchase a vidual carries on the person of the individual a authorized by the Secretary to sell stamps on State hunting license as a condition of valid Migratory Bird Hunting and Conservation consignment (including retail dealers for resale issuing an electronic stamp under the pilot Stamp, validated by the signature of the indi- to customers); and program. vidual written in ink across the face of the ‘‘(ii) have not been resold by any such person. SEC. 7. ELECTRONIC STAMP REQUIREMENTS; stamp prior to the time of the taking by the indi- ‘‘(6) PROHIBITION ON CERTAIN STAMP SALES.— RECOGNITION OF ELECTRONIC The Postal Service shall not— STAMP. vidual of the waterfowl. ‘‘(2) EXCEPTION.—No stamp described in para- ‘‘(A) sell on consignment any stamps issued (a) STAMP REQUIREMENTS.—The Secretary graph (1) shall be required for the taking of mi- under this Act to any individual, business, or shall require an electronic stamp issued by a gratory waterfowl— organization; or State under the pilot program— ‘‘(A) by Federal or State agencies; ‘‘(B) redeem stamps issued under this Act that (1) to have the same format as any other li- ‘‘(B) for propagation; or are sold on consignment by the Secretary (or cense, validation, or privilege the State ‘‘(C) by the resident owner, tenant, or share- any agent of the Secretary).’’. issues under the automated licensing system cropper of the property, or officially designated (c) COST OF STAMPS.—Section 2(b) of the Act of the State; and agencies of the Department of the Interior, for of March 16, 1934 (16 U.S.C. 718b(b)) is amend- (2) to specify identifying features of the li- the killing, under such restrictions as the Sec- ed— censee that are adequate to enable Federal, retary may by regulation prescribe, of such wa- (1) by striking ‘‘(b) The’’ and inserting the fol- State, and other law enforcement officers to terfowl when found damaging crops or other lowing: identify the holder. property. ‘‘(b) COST OF STAMPS.—The’’; (b) RECOGNITION OF ELECTRONIC STAMP.— ‘‘(b) DISPLAY OF STAMP.—Any individual to (2) by striking ‘‘Secretary of the Interior’’ and Any electronic stamp issued by a State whom a stamp has been sold under this Act inserting ‘‘Secretary’’; under the pilot program shall, during the ef- shall, upon request, display the stamp for in- (3) by striking ‘‘migratory bird conservation fective period of the electronic stamp— spection to— fund’’ and inserting ‘‘Migratory Bird Conserva- (1) bestow upon the licensee the same ‘‘(1) any officer or employee of the Depart- tion Fund’’; and privileges as are bestowed by an actual ment of the Interior who is authorized to en- (4) in paragraph (2), by striking ‘‘For pur- stamp; force this Act; or poses’’ and all that follows through ‘‘of any (2) be recognized nationally as a valid Fed- ‘‘(2) any officer of any State or political sub- such year.’’. eral migratory bird hunting and conserva- division of a State authorized to enforce State (d) AUTHORIZATION AND EXEMPTION.—Section tion stamp; and game laws. 3 of the Act of March 16, 1934 (16 U.S.C. 718c) (3) authorize the licensee to hunt migra- ‘‘(c) OTHER LICENSES.—Nothing in this section is amended by striking ‘‘SEC. 3. Nothing’’ and tory waterfowl in any other State, in accord- requires any individual to affix the Migratory inserting the following: ance with the laws of the other State gov- Bird Hunting and Conservation Stamp to any ‘‘SEC. 3. AUTHORIZATION AND EXEMPTION. erning that hunting. other license prior to taking 1 or more migratory ‘‘Nothing’’. (c) DURATION.—An electronic stamp issued waterfowl.’’. (e) EXPENDITURE OF FUNDS.—Section 4 of the by a State under the pilot program shall be (b) SALES; FUND DISPOSITION; UNSOLD Act of March 16, 1934 (16 U.S.C. 718d) is amend- valid for a period agreed to by the State and STAMPS.—Section 2 of the Act of March 16, 1934 ed—

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00252 Fmt 0624 Sfmt 6333 E:\CR\FM\A16DE6.115 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13941 (1) by redesignating subsections (a) through (2) in subsection (b), by striking ‘‘(b)’’ and all ‘‘(E) American Samoa; (c) as paragraphs (1) through (3), respectively, that follows through ‘‘shall alter’’ and inserting ‘‘(F) the Commonwealth of the Northern Mar- and indenting appropriately; the following: iana Islands; (2) by striking ‘‘SEC. 4. All moneys’’ and all ‘‘(b) ALTERATION.—Except as provided in ‘‘(G) the Federated States of Micronesia; that follows through ‘‘expended:’’ and inserting clauses (i) and (ii) of section 504(l)(D) of title 18, ‘‘(H) the Republic of the Marshall Islands; the following: United States Code, no person shall alter’’; ‘‘(I) the Republic of Palau; and ‘‘SEC. 4. EXPENDITURE OF FUNDS. (3) in subsection (c)— ‘‘(J) the United States Virgin Islands. ‘‘(a) IN GENERAL.—All funds received for (A) by striking ‘‘(c) Notwithstanding’’ and in- ‘‘(5) TAKE.—The term ‘take’ means— stamps sold under this Act shall be— serting the following: ‘‘(A) to pursue, hunt, shoot, capture, collect, ‘‘(1) accounted for by the Postal Service or the ‘‘(c) REPRODUCTION.—Notwithstanding’’; or kill; or Secretary, as appropriate; (B) by striking ‘‘Secretary of the Interior’’ ‘‘(B) to attempt to pursue, hunt, shoot, cap- ‘‘(2) paid into the Treasury of the United each place it appears and inserting ‘‘Secretary’’; ture, collect, or kill. States; and and ‘‘SEC. 11. SHORT TITLE. ‘‘(3) reserved and set aside as a special fund, (C) in the matter following paragraph (2)— ‘‘This Act may be cited as the ‘Migratory Bird to be known as the ‘Migratory Bird Conserva- (i) by striking ‘‘migratory bird hunting Hunting and Conservation Stamp Act’.’’. tion Fund’ (referred to in this section as the stamps’’ and inserting ‘‘Migratory Bird Hunting (i) DISPOSITION OF UNSOLD STAMPS.—Section 3 ‘fund’), to be administered by the Secretary. and Conservation Stamps’’; and of the Act of July 30, 1956 (Public Law 84–838; ‘‘(b) USE OF FUNDS.—All funds received into (ii) by striking ‘‘shall be paid into the migra- 70 Stat. 722), is amended— the fund are appropriated for the following pur- tory bird conservation fund’’ and inserting (1) by redesignating subsections (b) and (c) as poses, to remain available until expended:’’; ‘‘shall be paid, after deducting expenses for subsections (c) and (d), respectively; and (3) in subsection (b)(1) (as redesignated by marketing, into the Migratory Bird Conserva- (2) in subsection (a) (16 U.S.C. 718b–1)— paragraphs (1) and (2))— tion Fund’’. (A) by striking ‘‘SEC. 3. (a) Hereafter’’ and all (A) by striking ‘‘(1) So much’’ and all that fol- (g) ENFORCEMENT.—Section 6 of the Act of that follows through the end of the first sen- lows through ‘‘for engraving’’ and inserting the March 16, 1934 (16 U.S.C. 718f) is amended— tence and inserting the following: following: (1) by striking ‘‘SEC. 6. For the efficient’’ and ‘‘SEC. 3. DISPOSITION OF UNSOLD STAMPS. ‘‘(1) ADVANCE ALLOTMENTS.—So much as may inserting the following: ‘‘(a) DISPOSITION OF UNSOLD STAMPS.—A Mi- be necessary shall be used by the Secretary for gratory Bird Hunting and Conservation Stamp engraving’’; ‘‘SEC. 6. ENFORCEMENT. shall be transferred to the Postal Service or the (B) by striking ‘‘migratory bird hunting ‘‘For the efficient’’; and Secretary of the Interior (or a designee) for sale stamps’’ and inserting ‘‘Migratory Bird Hunting (2) in the first sentence— to a collector if the stamp— and Conservation Stamps’’; (A) by striking ‘‘Secretary of Agriculture’’ and (C) by striking ‘‘personal’’ and inserting ‘‘per- inserting ‘‘Secretary’’; ‘‘(1) has not been sold by the end of the hunt- sonnel’’; and (B) by striking ‘‘Department of Agriculture’’ ing year (as that term is defined in section 10 of (D) by striking ‘‘postal service’’ and inserting and inserting ‘‘Department of the Interior’’; and the Migratory Bird Hunting and Conservation ‘‘Postal Service’’; (C) by inserting ‘‘(16 U.S.C. 703 et seq.)’’ after Stamp Act) during which the stamp is issued; (4) in subsection (b)(2) (as so redesignated)— ‘‘Treaty Act’’. and (A) by striking ‘‘(2) Except as provided in sub- (h) VIOLATIONS; COOPERATION; USE OF CON- ‘‘(2) as determined by the Postal Service or the sections (c) and (d) of this section’’ and insert- TEST FEES; DEFINITIONS; SHORT TITLE.—The Act Secretary of the Interior— ing the following: of March 16, 1934 is amended by striking sec- ‘‘(A) is appropriate to supply a market for sale ‘‘(2) AREAS FOR REFUGES.—Except as provided tions 7 through 10 (16 U.S.C. 718g–718j) and in- to collectors; and in paragraph (3) and subsection (c)’’; and serting the following: ‘‘(B) is in suitable condition for sale to a collector.’’; and (B) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘SEC. 7. VIOLATIONS. (B) by striking the second sentence and insert- ‘‘Conservation Act’’; ‘‘Any person that violates or fails to comply ing the following: (5) in subsection (b)(3) (as so redesignated)— with any provision of this Act (including a reg- (A) by striking ‘‘(3) The Secretary of the Inte- ‘‘(b) SURPLUS STOCK.—The Postal Service or ulation promulgated under this Act) shall be rior is authorized to utilize funds made avail- the Secretary of the Interior may destroy any subject to the penalties described in section 6 of able under subsection (b) of this section for the surplus stock of Migratory Bird Hunting and the Migratory Bird Treaty Act (16 U.S.C. 707). purposes of such subsection, and such other Conservation Stamps at such time and in such funds as may be appropriated for the purposes ‘‘SEC. 8. COOPERATION. manner as the Postal Service or the Secretary of of such subsection, or of this subsection,’’ and ‘‘The Secretary is authorized to cooperate the Interior determines to be appropriate.’’. with the States and the territories and posses- inserting the following: The committee amendments were ‘‘(3) CONDITIONS ON USE OF FUNDS.—The Sec- sions of the United States in the enforcement of this Act. agreed to. retary may use funds made available under The bill (S. 1496), as amended, was paragraph (2) for the purposes of that para- ‘‘SEC. 9. USE OF CONTEST FEES. graph, and such other funds as may be appro- ‘‘Notwithstanding any other provision of law, read the third time and passed. priated for the purposes of that paragraph or funds received by the United States Fish and f this paragraph,’’; and Wildlife Service in the form of fees for entering STAR-SPANGLED BANNER AND (B) in the second sentence— any Migratory Bird Hunting and Conservation (i) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ after Stamp contest shall be credited— WAR OF 1812 BICENTENNIAL COM- ‘‘Conservation Act’’; and ‘‘(1) first, to the appropriation account from MISSION ACT (ii) by striking ‘‘this subsection’’ and inserting which expenditures for the administration of the Mr. FRIST. Mr. President, I ask ‘‘this paragraph’’; contest are made; and (6) by redesignating subsection (d) as sub- unanimous consent that the Judiciary ‘‘(2) second, to the extent any funds remain, Committee be discharged from further section (c); and to the Migratory Bird Conservation Fund. (7) in subsection (c) (as so redesignated)— consideration of S. 959 and the Senate (A) in paragraph (1)— ‘‘SEC. 10. DEFINITIONS. proceed to its immediate consider- (i) by striking ‘‘(1) The Secretary of the Inte- ‘‘(a) IN GENERAL.—In this Act, the terms defined in the Migratory Bird Conservation Act ation. rior may utilize’’ and inserting the following: The PRESIDING OFFICER. Without ‘‘(1) IN GENERAL.—The Secretary may use’’; (16 U.S.C. 715 et seq.) and the Migratory Bird and Treaty Act (16 U.S.C. 703 et seq.) have the objection, it is so ordered. (ii) by striking ‘‘migratory bird hunting and meanings given those terms in those Acts. The clerk will report the bill by title. conservation stamps’’ and inserting ‘‘Migratory ‘‘(b) OTHER DEFINITIONS.—In this Act: The assistant legislative clerk read Bird Hunting and Conservation Stamps’’; and ‘‘(1) HUNTING YEAR.—The term ‘hunting year’ as follows: (B) in paragraph (2), by striking ‘‘(2) The Sec- means the 1-year period beginning on July 1 of A bill (S. 959) to establish the Star-Span- retary of the Interior’’ and inserting the fol- each year. gled Banner and War of 1812 Bicentennial lowing: ‘‘(2) MIGRATORY WATERFOWL.—The term ‘mi- Commission, and for other purposes. ‘‘(2) COMPONENTS OF REPORT.—The Sec- gratory waterfowl’ means the species enumer- retary’’. ated in paragraph (a) of subdivision 1 of article There being no objection, the Senate (f) LOANS AND TRANSFERS, ALTERATION, AND I of the Convention between the United States proceeded to consider the bill. REPRODUCTION OF STAMPS.—Section 5 of the Act and Great Britain for the Protection of Migra- Mr. FRIST. I ask unanimous consent of March 16, 1934 (16 U.S.C. 718e) is amended— tory Birds, signed at Washington on August 16, that the Sarbanes amendment at the (1) by striking ‘‘SEC. 5. (a) That no person to 1916 (USTS 628) (16 U.S.C. 703 et seq.). desk be agreed to, the bill, as amended, whom has been sold a migratory-bird hunting ‘‘(3) SECRETARY.—The term ‘Secretary’ means be read a third time and passed, the stamp,’’ and inserting the following: the Secretary of the Interior. motion to reconsider be laid upon the ‘‘SEC. 5. LOANS AND TRANSFERS, ALTERATION, ‘‘(4) STATE.—The term ‘State’ means— AND REPRODUCTION OF STAMPS. ‘‘(A) a State; table, and any statements relating to ‘‘(a) IN GENERAL.—No person to whom has ‘‘(B) the District of Columbia; the bill be printed in the RECORD. been sold a Migratory Bird Hunting and Con- ‘‘(C) the Commonwealth of Puerto Rico; The PRESIDING OFFICER. Without servation Stamp,’’; ‘‘(D) Guam; objection, it is so ordered.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00253 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.115 S16DEPT1 S13942 CONGRESSIONAL RECORD — SENATE December 16, 2005 The amendment (No. 2685) was agreed ties associated with commemorating the bi- draw the first draft of the proposed legisla- to, as follows: centennial of the Lewis and Clark Expedi- tion as passed in its first reading in the tion, as follows: State Duma that would have the effect of se- (Purpose: To include all of the 28 States ‘‘(1) NATIONAL COUNCIL OF THE LEWIS AND verely restricting the establishment, oper- originally on the National Park Service’s CLARK BICENTENNIAL.—One-half to the Na- ations, and activities of domestic, inter- list in the commission) tional Council of the Lewis and Clark Bicen- national, and foreign nongovernmental orga- On page 4, strike lines 6 through 8, and in- tennial. nizations in the Russian Federation, or to sert the following: ‘‘(2) MISSOURI HISTORICAL SOCIETY.—One- modify the proposed legislation to entirely (A) means the States of Alabama, Con- half to the Missouri Historical Society.’’; remove these restrictions. necticut, Delaware, Florida, Georgia, Illi- (2) by redesignating subsection (b) as sub- There being no objection, the Senate nois, Indiana, Iowa, Kentucky, Louisiana, section (c); and Maine, Maryland, Massachusetts, Michigan, (3) by inserting after subsection (a) the fol- proceeded to consider the resolution. Mississippi, Missouri, New Hampshire, New lowing: Mr. FRIST. Mr. President, I ask Jersey, New York, North Carolina, Ohio, ‘‘(b) TRANSFER OF UNEXPENDED FUNDS.— unanimous consent that the resolution Pennsylvania, Rhode Island, South Carolina, Any proceeds referred to in subsection (a) be agreed to, the preamble be agreed Tennessee, Vermont, Virginia, and Wis- that were dispersed by the Secretary and re- to, and the motion to reconsider be laid consin; and main unexpended by the National Council of upon the table. On page 4, line 18, strike ‘‘23’’ and insert the Lewis and Clark Bicentennial or the Mis- ‘‘42’’. souri Historical Society as of June 30, 2007, The PRESIDING OFFICER. Without On page 4, line 19, strike ‘‘9’’ and insert shall be transferred to the Lewis and Clark objection, it is so ordered. ‘‘28’’. Trail Heritage Foundation for the purpose of The resolution (S. Res. 339) was The bill (S. 959), as amended, was establishing a trust for the stewardship of agreed to. read the third time and passed, as fol- the Lewis and Clark National Historic The preamble was agreed to. lows: Trail.’’. The resolution, with its preamble, (The bill will be printed in a future The bill (S. 863), as amended, was reads as follows: edition of the RECORD.) read the third time and passed, as fol- S. RES. 339 f lows: (The bill will be printed in a future Whereas Russian Federation President THEODORE ROOSEVELT Putin has stated that ‘‘modern Russia’s edition of the RECORD.) COMMEMORATIVE COIN ACT greatest achievement is the democratic proc- f ess (and) the achievements of our civil soci- Mr. FRIST. Mr. President, I ask ety’’; unanimous consent that the Com- HONORING MEMBERS OF THE Whereas the unobstructed establishment mittee on Banking, Housing, and ARMED FORCES and free and autonomous operations and ac- Urban Affairs be discharged from fur- Mr. FRIST. Mr. President, I ask tivities of nongovernmental organizations ther consideration of S. 863 and the unanimous consent that the Senate and a robust civil society free from excessive government control are central and indispen- Senate proceed to its immediate con- now proceed to the consideration of S. sideration. sable elements of a democratic society; Res. 338, which was submitted earlier Whereas the free and autonomous oper- The PRESIDING OFFICER. Without today. ations of nongovernmental organizations in objection, it is so ordered. The PRESIDING OFFICER. The any society necessarily encompass activi- The clerk will report the bill by title. clerk will report. ties, including political activities, that may The assistant legislative clerk read The assistant legislative clerk read be contrary to government policies; as follows: as follows: Whereas domestic, international, and for- A bill (S. 863) to require the Secretary of eign nongovernmental organizations are cru- A resolution (S. Res. 338) honoring the cial in assisting the Russian Federation and the Treasury to mint coins in commemora- memory of the members of the Armed Forces tion of the centenary of the bestowal of the the Russian people in tackling the many of the United States who have given their challenges they face, including in such areas Nobel Peace Prize on President Theodore lives in service to the United States in Oper- Roosevelt, and for other purposes. as education, infectious diseases, and the es- ation Iraqi Freedom and Operation Enduring tablishment of a flourishing democracy; There being no objection, the Senate Freedom. Whereas the Government of the Russian proceeded to consider the bill. There being no objection, the Senate Federation has proposed legislation that Mr. FRIST. I ask unanimous consent proceeded to consider the resolution. would have the effect of severely restricting that the amendment at the desk be Mr. FRIST. Mr. President, I ask the establishment, operations, and activities agreed to, the bill, as amended, be read unanimous consent that the resolution of domestic, international, and foreign non- a third time and passed, the motion to be agreed to, the preamble be agreed governmental organizations in the Russian reconsider be laid upon the table, and Federation, including erecting unprece- to, and the motion to reconsider be laid dented barriers to foreign assistance; any statements relating to the bill be upon the table. Whereas the State Duma of the Russian printed in the RECORD. The PRESIDING OFFICER. Without Federation is considering the first draft of The PRESIDING OFFICER. Without objection, it is so ordered. such legislation; objection, it is so ordered. The resolution (S. Res. 338) was Whereas the restrictions in the first draft The amendment (No. 2686) was agreed agreed to. of this legislation would impose disabling re- to, as follows: The preamble was agreed to. straints on the establishment, operations, (Purpose: To authorize the Secretary of the (The text of the resolution is printed and activities of nongovernmental organiza- Treasury to issue, after December 31, 2005, tions and on civil society throughout the in today’s RECORD under ‘‘Submitted Russian Federation, regardless of the stated numismatic items that contain 5-cent Resolutions.’’) coins minted in the years 2004 and 2005, and intent of the Government of the Russian for other purposes) f Federation; Whereas the stated concerns of the Govern- On page 11, after line 15, add the following: URGING THE RUSSIAN FEDERA- ment of the Russian Federation regarding SEC. 8. CONTINUED ISSUANCE OF 5-CENT COINS TION TO WITHDRAW THE FIRST the use of nongovernmental organizations by MINTED IN 2004 AND 2005. DRAFT OF PROPOSED LEGISLA- foreign interests and intelligence agencies to Notwithstanding the fifth sentence of sec- TION undermine the Government of the Russian tion 5112(d)(1) of title 31, United States Code, Federation and the security of the Russian the Secretary of the Treasury may continue Mr. FRIST. Mr. President, I ask Federation as a whole can be fully addressed to issue, after December 31, 2005, numismatic unanimous consent that the Senate without imposing disabling restraints on items that contain 5-cent coins minted in proceed to the immediate consider- nongovernmental organizations and on civil the years 2004 and 2005. ation of S. Res. 339, which was sub- society; SEC. 9. LEWIS AND CLARK COIN AMENDMENTS. mitted earlier today. Whereas there is active debate underway in Section 308 of the Lewis and Clark Expedi- The PRESIDING OFFICER. The the Russian Federation over concerns re- tion Bicentennial Commemorative Coin Act clerk will report. garding such restrictions on nongovern- (31 U.S.C. 5112 note) is amended— mental organizations; (1) in subsection (a), by striking ‘‘Sec- The assistant legislative clerk read Whereas the State Duma and the Federa- retary as:’’ and all that follows through the as follows: tion Council of the Federal Assembly play a end of the subsection and inserting the fol- A resolution (S. Res. 339) urging the Gov- central role in the system of checks and bal- lowing: ‘‘Secretary for expenditure on activi- ernment of the Russian Federation to with- ances that are prerequisites for a democracy;

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00254 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.127 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13943 Whereas the first draft of the proposed leg- supervision of any independent contractor, The assistant legislative clerk read islation has already passed its first reading agency or organization, or intervening sov- as follows: in the State Duma; ereignty. A bill (H.R. 2892) to amend section 255 of Whereas President Putin has indicated his ‘‘(2) RIGHTS OF CERTAIN EMPLOYEES.—Not- the National Housing Act to remove the lim- desire for changes in the first draft that withstanding sections 205 and 207 of title 18, itation on the number of reverse mortgages would ‘‘correspond more closely to the prin- United States Code, an officer or employee of that may be insured under the FHA mort- ciples according to which civil society func- the United States assigned to an Indian tribe gage insurance program for such mortgages. tions’’; and under section 3372 of title 5, United States Whereas Russia’s destiny and the interests Code, or section 2072 of the Revised Statutes Mr. FRIST. Mr. President, in order to of her people lie in her assumption of her (25 U.S.C. 48), or an individual that was for- place the bill on the calendar under rightful place as a full and equal member of merly an officer or employee of the United provisions of rule XIV, I object to fur- the international community of democ- States and who is a tribal employee or an ther proceedings. racies: Now, therefore, be it elected or appointed official of an Indian The PRESIDING OFFICER. Objec- Resolved by the Senate, That the Senate— tribe carrying out an official duty of the tion having been heard, the bill will be (1) urges the Government of the Russian tribal employee or official may communicate Federation to withdraw the first draft of the with and appear before any department, placed on the calendar. proposed legislation that would have the ef- agency, court, or commission on behalf of f fect of severely restricting the establish- the Indian tribe on any matter, including ORDERS FOR SATURDAY, ment, operations, and activities of domestic, any matter in which the United States is a international, and foreign nongovernmental party or has a direct and substantial inter- DECEMBER 17, 2005 organizations in the Russian Federation, or est. Mr. FRIST. Mr. President, I ask to modify the proposed legislation to en- ‘‘(3) NOTIFICATION OF INVOLVEMENT IN PEND- unanimous consent that when the Sen- tirely remove these restrictions; and ING MATTER.—An officer, employee, or former ate completes its business today, it ad- (2) in the event that the first draft of the officer or employee described in paragraph journ until 4 p.m. on Saturday, Decem- proposed legislation is not withdrawn, urges (2) shall submit to the head of each appro- the State Duma and the Federation Council priate department, agency, court, or com- ber 17. I further ask that following the of the Federal Assembly to modify the legis- mission, in writing, a notification of any per- prayer and pledge, the morning hour be lation to ensure the unobstructed establish- sonal and substantial involvement the offi- deemed expired, the Journal of pro- ment and free and autonomous operations cer, employee, or former officer or employee ceedings be approved to date, the time and activities of such nongovernmental orga- had as an officer or employee of the United for the two leaders be reserved, and the nizations in accordance with the practices States with respect to the pending matter.’’. Senate proceed to a period for the universally adopted by democracies, includ- SEC. 3. EFFECTIVE DATE. transaction of morning business, with ing the provisions regarding foreign assist- The effective date of the amendment made Senators permitted to speak for up to ance. by this Act shall be the date that is 1 year 10 minutes each. f after the date of enactment of this Act. The PRESIDING OFFICER. Without REDUCING CONFLICTS OF INTER- The bill, as amended, was read the objection, it is so ordered. ESTS IN THE REPRESENTATION third time and passed. f OF INDIAN TRIBES ACT OF 2005 f PROGRAM Mr. FRIST. Mr. President, I ask PUBLIC LAW 107–153 MODIFICATION Mr. FRIST. Mr. President, tomorrow unanimous consent that the Senate Mr. FRIST. Mr. President, I ask we will return to session. As I stated proceed to immediate consideration of unanimous consent that the Senate this morning, we are waiting for addi- Calendar No. 329, S. 1312. proceed to the immediate consider- tional legislative items to come from The PRESIDING OFFICER. The ation of Calendar No. 318, S. 1892. the House. The House may vote on the clerk will state the bill by title. The PRESIDING OFFICER. The Defense authorization conference re- The assistant legislative clerk read clerk will state the bill by title. port later this evening or tomorrow as follows: The assistant legislative clerk read morning. I am unaware of anyone who A bill (S. 1312) to amend a provision relat- as follows: has requested a rollcall vote on that ing to employees of the United States as- A bill (S. 1892) to amend Public Law 107–153 conference report and, therefore, we ex- signed to, or employed by, an Indian tribe, to modify a certain date. and for other purposes. pect to debate that during tomorrow’s There being no objection, the Senate There being no objection, the Senate session if that measure is received. proceeded to consider the bill. proceeded to consider the bill. We also have a number of nomina- Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask tions we have been working on over the unanimous consent that the amend- unanimous consent that the McCain last several days. We expect to get ment at the desk be agreed to, the bill, amendment at the desk be agreed to, those wrapped up tomorrow. At this as amended, be read the third time and the bill, as amended, be read a third point, we anticipate acting on those passed, the motion to reconsider be time and passed, the motion to recon- nominations without the need for roll- laid upon the table, and that any state- sider be laid upon the table, and that call votes. ments relating to the bill be printed in any statements relating to the bill be Having said that, we will be in ses- the RECORD. sion working on the important busi- printed in the RECORD. The PRESIDING OFFICER. Without The amendment (No. 2687) was agreed ness that remains. At this juncture, objection, it is so ordered. to, as follows: after discussion with the Democratic The amendment (No. 2690) was agreed leader, we do not anticipate a need for AMENDMENT NO. 2687 to, as follows: rollcall votes tomorrow. I want to say AMENDMENT NO. 2690 that in a very careful way because we Strike all after the enacting clause and insert the following: On page 1, line 6, strike ‘‘2005’’ and insert have so much happening right now and, ‘‘2000’’. as I said, we will be working through SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Reducing The bill (S. 1892), as amended, was much of the night, and we want to con- Conflicts of Interests in the Representation read the third time and passed. tinue to move forward on measures. of Indian Tribes Act of 2005’’. (The bill will be printed in a future Senators have been patient. We have SEC. 2. ADDITIONAL EMPLOYMENT RIGHTS. edition of the RECORD.) said for some time that we would be in Section 104 of the Indian Self-Determina- f this weekend, Saturday and in all like- tion and Education Assistance Act (25 U.S.C. lihood Sunday as well, working 450i) is amended by striking subsection (j) MEASURE PLACED ON THE through our final business. and inserting the following: CALENDAR—H.R. 2892 Tomorrow, I will continue to work ‘‘(j) ADDITIONAL EMPLOYMENT RIGHTS.— Mr. FRIST. Mr. President, I under- with the Democratic leader to clear as ‘‘(1) DEFINITION OF TRIBAL EMPLOYEE.—In stand there is a bill at the desk that is much as we possibly can by unanimous this subsection, the term ‘tribal employee’, with respect to an Indian tribal government, due for its second reading. consent. We also expect the Defense ap- means an individual acting under the day-to- The PRESIDING OFFICER. The propriations conference report to be day control or supervision of the Indian trib- clerk will read the title of the bill for ready at some point this weekend, and al government, unaffected by the control or the second time. we will turn to that measure just as

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00255 Fmt 0624 Sfmt 0634 E:\CR\FM\A16DE6.120 S16DEPT1 S13944 CONGRESSIONAL RECORD — SENATE December 16, 2005 soon as we possibly can, as soon as it is would simply say to the distinguished I indicated to Congressman HUNTER ready. majority leader, I hope he would help and other members of the House lead- We will remain in session to receive us stop this mischievous thing. I hope ership that I would be in opposition; items from the House, and we will re- we have more of my friends on the that I felt duty bound as chairman to main available to begin any necessary other side of the aisle join with us in withdraw the signatures of the 13 Re- procedural options that are warranted. this, which is the right thing to do. publicans. I called Senator LEVIN and We will need to act on a continuing I have heard the senior Senator from acquainted him with the status of this resolution tomorrow, and we will pass Arizona give speeches on this matter matter and he asked that I ask Con- that when received from the House. numerous times: Why did you put that gressman HUNTER to return his sheet As I mentioned, Members continue to in conference? Those are things within with all signatures if the House, in its ask about the schedule. We are doing the scope. I cannot imagine how the wisdom, opens that bill and inserts an- our very best to keep our colleagues Senator from Arizona must feel about other provision in it. So that is the sta- apprised as we go forward. There is a putting something in a bill that has tus. lot of work going on with negotiations nothing relating to the scope. In the very unfortunate event that off the floor. We will monitor those dis- I say to all Senators that one way to we have our signature sheets returned cussions and alert all Members as we wind up this session in a very positive to us and this particular provision is get closer to having these last bills vein is passing the Defense appropria- placed in the House bill, I would have ready. tions bill, not having to go through to go to my Members on the Repub- Again, at this point, I do not see a steps that would take us to have to in- lican side and indicate to them that I need for rollcall votes tomorrow, al- voke cloture on the Defense appropria- could not support this measure if it though we will have to wait to see tions bill, change the rules of the Sen- were to be placed in this bill. I might what we receive from the House. ate, change precedence in the Senate. support it in the context of other legis- With regard to a Sunday session and I am terribly disappointed this is lative means, but I would not on this. Monday session, just as soon as we even being contemplated. I am willing Therefore, there is a question of wheth- make final decisions in terms of tim- to work with the distinguished leader er with my signature being with- ing, we will let people know as quickly and try to work things out this week- drawn—Senator LEVIN said he ex- as possible. If we do not vote on Sun- end. I do not contemplate any votes pressed doubt that his members would join, so there would probably be insuf- day—and we are not prepared to say that would be necessary. We have to do ficient signatures for the filing of this that yet—we would notify people as the continuing resolution and we will bill. soon as that decision could be made. complete that as soon as we get it. On my side I am not aware of any amend- I do not take the floor by means of We are going to have a very busy Mon- threatening those with good intentions day and votes will in all likelihood ments on that. I spoke earlier this evening to the distinguished ranking to try every avenue to foster their in- begin early Monday morning. This will terest in legislation, but our Nation is not be a typical Monday where we do member of the Armed Services Com- mittee and he said he and the chair- at war, and this bill has been, for var- not vote until late in the afternoon. ious reasons, on a very long journey in Again, I will have more to say regard- man, Senator WARNER, are at a point where they can complete that legisla- getting to this moment in time. Many ing Sunday’s schedule tomorrow. tion very quickly, and I hope that is Members of this body, most especially The PRESIDING OFFICER. The mi- the members of the Armed Services nority leader is recognized. the case. If we could finish Defense authorization, Defense appropriations, we Committee, both sides of the aisle, Mr. REID. I understand the difficul- have worked diligently on this bill. Our ties of the distinguished Republican could be out of here on Sunday. The PRESIDING OFFICER. The Sen- collective staffs have gone around the leader, especially these last few days of ator from Virginia is recognized. clock for days in this abbreviated ses- this session of the Congress, but I Mr. WARNER. Mr. President, I rise sion to try and produce the conference would say that one way to expedite to address the Senate on the status of report, and I commend them for the this is to get the Defense appropria- the progress the conferees are making work, and that report has been pro- tions bill over here as quickly as pos- with regard to the Defense authoriza- duced. It is our understanding that it sible and move in the ordinary course. tion bill. We have been in constant ne- was finalized about 2:30 today and the I have said on the record and off the gotiations throughout the week and I House was in the process of filing the record, trying to stick this ANWR pro- am pleased to say that Chairman bill tonight. vision in a place it does not belong is HUNTER, who has exhibited extraor- So I indicate that this Senator will going to create for this body untoward dinary leadership, together with my- not in any way allow this bill to come problems in the future. self, Senator LEVIN, and Congressman to the floor—I will exercise every right I am a long timer of the Appropria- IKE SKELTON, we concluded our final I have—with this provision in it. At tions Committee and the rule that is conference with Members today. It was this point in time, if, for example, for now in effect dealing with the scope of my understanding the bill would be some reason—my colleagues and I do the conference; that is, the matters in filed in the House tonight. not in any way threaten my fellow col- the conference report that come back Accordingly, I provided a signature leagues who I presume might have an to the Senate floor have to be perti- sheet, which is the standard protocol. interest in this position—were to send nent to the subject matter of the legis- All 13 members of the Armed Services over the report without my signature lation that is taken to conference. Committee on the Republican side and such signatures that they may get We could complete the Defense ap- signed the sheet and Senator LEVIN on the other side and that comes over, propriations bill in a matter of minutes likewise authorized me to include his then I am prepared to exercise my but for this. There are people of good- sheet of those Democrats which signed. rights under rule XVIII and every will on both sides of the aisle who do So they are now in the possession of available means not to allow this bill not like that process of trying to stick the House of Representatives again in to contain this provision, because I on this bill the unimaginable. I was not anticipation that the bill will be filed. think we are absolutely dutybound to happy when earlier this year we lost on Congressman HUNTER is a man I have the men and women of the Armed ANWR. The bill went out of here and dealt with for many years and have the Forces and to their families and to the the place where it could legally be put greatest respect for, and because of our Commander in Chief, with whom I was in a bill, that is reconciliation spend- close working and trusting relation- privileged to meet yesterday, the ing, was stripped by the House of Rep- ship, he called me tonight, about half President of the United States, on a resentatives. As a result of that, now an hour ago, to advise me there was matter that was of great importance to we come back with this suggestion some interest among some Members of him and other members of our com- that they are going to stick it on the the House to have that conference re- mittee, most particularly one member, Defense appropriations bill. port on the House side reopened and Senator MCCAIN, who was with me. It This is a body that lives by rules. We another measure inserted. He described was understood that we were finally re- cannot be changing them just because the measure, but as a matter of cour- solving what we considered the last the other side has more votes. So I tesy and privacy I will not describe it. major issue.

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00256 Fmt 0624 Sfmt 0634 E:\CR\FM\G16DE6.132 S16DEPT1 December 16, 2005 CONGRESSIONAL RECORD — SENATE S13945 I commend the President on the man- when the history books are written mous consent that the Senate stand in ner in which he and his staff worked about this institution and someone adjournment under the previous order. with me and Congressman HUNTER and flips through like a dictionary, want- There being no objection, the Senate, others to resolve this question. So we ing to have described what a U.S. Sen- at 8:42 p.m., adjourned until Saturday, had finally concluded and listened dili- ator should be, JOHN WARNER has to be December 17, 2005, at 4 p.m. gently today to the members of the near the top of that list, if not at the committee who had some views and top. He is a man who is a gentleman. I f closed it out at 2:30. have served with him now for 23 years. Now this has arisen. Again, people He is a man who believes in this insti- over on the other side, the other body, tution and has the record to prove it. NOMINATIONS have a perfect right to exercise their He is a person who is a good member of rights, but I have to indicate, and I Executive nominations received by his political party, but he is also a pa- the Senate December 16, 2005: think in fairness to the leadership of triot. As important as the two-party the Senate and the leadership of the system is to our country, to the Sen- THE JUDICIARY House, my steadfast opposition to this ator from Virginia, party comes sec- NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED procedure. There has to come a time ond, country comes first. STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE around here when conference reports STEPHEN S. TROTT, RETIRED. As I said, I don’t have the ability to MICHAEL RYAN BARRETT, OF OHIO, TO BE UNITED are closed, as it was indicated to us, STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT express my conviction about this man. OF OHIO, VICE WALTER HERBERT RICE RETIRED. signature sheets provided, and we But the statement he just made, his should go forward. off-the-cuff statement, is what the Sen- DEPARTMENT OF JUSTICE This bill is vitally necessary to this ate is all about. It is about protecting REGINALD I. LLOYD, OF SOUTH CAROLINA, TO BE Nation at this hour. When every day we UNITED STATES ATTORNEY FOR THE DISTRICT OF are losing men, killed and wounded, this country, the individual rights of SOUTH CAROLINA FOR THE TERM OF FOUR YEARS, VICE J. STROM THURMOND, JR., RESIGNED. and the horrific damages to them and Members of the Senate, and that is their families, we must be steadfast in why JOHN WARNER is a great Senator. FEDERAL ELECTION COMMISSION The PRESIDING OFFICER. The Sen- our resolve. DAVID M. MASON, OF VIRGINIA, TO BE A MEMBER OF I yield the floor. ator from Virginia. THE FEDERAL ELECTION COMMISSION FOR A TERM EX- Mr. WARNER. Mr. President, with a PIRING APRIL 30, 2009. (REAPPOINTMENT) The PRESIDING OFFICER. The mi- STEVEN T. WALTHER, OF NEVADA, TO BE A MEMBER OF nority leader is recognized. deep sense of humility, I thank my col- THE FEDERAL ELECTION COMMISSION FOR A TERM EX- league. I am undeserving of those re- PIRING APRIL 30, 2009, VICE SCOTT E. THOMAS, TERM EX- f PIRED. marks. Each day I am here, each day I HANS VON SPAKOVSKY, OF GEORGIA, TO BE A MEMBER COMMENDING SENATOR WARNER grow a little older, I grow more humble OF THE FEDERAL ELECTION COMMISSION FOR A TERM EXPIRING APRIL 30, 2011, VICE BRADLEY A. SMITH, RE- Mr. REID. Mr. President, I wish I had and thankful to the good Lord for al- SIGNED. the words to express the thoughts I lowing me to greet each day and do ROBERT D. LENHARD, OF MARYLAND, TO BE A MEMBER OF THE FEDERAL ELECTION COMMISSION FOR A TERM have in my heart now. I love history. I what I feel is best in the interests of EXPIRING APRIL 30, 2011, VICE DANNY LEE MCDONALD, love the Senate. I have spent a lot of this country. TERM EXPIRED. my life here. The mere fact that I am f IN THE AIR FORCE a Senator is, every day, hard for me to ADJOURNMENT UNTIL 4 P.M. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED comprehend. But I am, and I am so STATES OFFICER FOR APPOINTMENT IN THE RESERVE thankful to the people in Nevada for al- TOMORROW OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: lowing me to serve. Mr. WARNER. Mr. President, if there But I want to say to the senior Sen- is no further business to come before To be brigadier general ator from the State of Virginia that the Senate this evening, I ask unani- COL. STEVEN WESTGATE, 4417

VerDate Aug 31 2005 05:59 Dec 17, 2005 Jkt 049060 PO 00000 Frm 00257 Fmt 0624 Sfmt 9801 E:\CR\FM\G16DE6.135 S16DEPT1